HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 10, 1991
10:00 A.M.
The City Council ❑f the City of Lubbock, Texas met in regular session on
the 1Oth day of January, 1991 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
M. J. Aderton, Councilwoman Maggie Trejo, 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.
{ 1.} The Invocation was given by City Manager Larry
Cunningham.
{ 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to approve the Minutes of the
December 13, 1990 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Hays.
( 4.) Board Appointments
91-5OA-.1-1
{ 5.) A representative from the Lubbock Cultural Affairs
Council will aRpear to present the following --items:
A. Consider recommendations for awarding
❑f art grants for the second and final
grant period of 1990.
On January 11, 1990, the City Council approved an
Agreement whereby the City would pay the Cultural
Affairs Council $1O6,178 for the encouragement,
promotion, and improvement of all forms of art in the
community. This represents the amount collected from
112 cent ❑f the hotel/motel tax during the fiscal year
that ended September 30, 1989. The Agreement provides
that a review committee of the Cultural Affairs Council
will receive and evaluate applications and make
recommendations to the City Council for awarding of
these grants.
On June 28, 1990, the City Council approved
recommendations of the Cultural Affairs Council for
awarding $38,6OO in grants for the first half of 1990.
Michael Martinez, representing the Lubbock Cultural
Affairs Council Grants Review Committee, presented
recommendation for Council approval of $33,46O in grant
awards for the final grant period of 1990 as follows:
January 10, 1991
Page 2
Westwinds Brass Band
Concerts in the Park $ 2,000
Southwest Collection
History of Headlines:
Celebrating a Century of
Lubbock Newspapers 2,750
Ballet Lubbock
Spring Repertoire Ballet 5,000
TTU Bilingual/Multicultural
Education Resource Center
Mariachi Festival 1,500
TTU Music Theatre
Gilbert & Sullivan's
Patience 1,500
Lubbock Community Theatre
"The Lady's Not For
Burning" 2,310
Lubbock Cultural Affairs
Council
13th Annual Lubbock Arts
Festival
10,000
KOHM Radio
KOHM Subscription and
Kids and Classics Program
2,500
Lubbock Fine Arts Center
Sculpture in the Park
3,400
TTU Department of Theatre
Arts --Lubbock Summer Rep
2,500
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to award $33,460 in grants for the
second and final grant period of 1990 recommended by
the Lubbock Cultural Affairs Council. Motion carried:
7 Yeas; 0 Nays.
B. Presentation of a check for interest
earnings.
The 1990 Agreement with the Cultural Affairs Council
provided that $5,308.95 of the funds paid by the City
could be put into an operating account for
administrative costs, and all other funds received by
the Cultural Affairs Council were required to be placed
in an interest -bearing account pending dispersal to the
grantees. The interest earned is to be rebated to the
City, and a check was presented to the Mayor for
interest received for the past year.
January 10, 1991
Page 19
This Resolution authorizes issuance of the second
segment of bonds for the Lake Alan Henry dam segment of
the total Justiceburg project. The first segment,
issued in November of 1989, was for $16,970,000, and
the total of the two issues is $56,655,000.
Bids have been received by the Brazos River Authority,
and plans are for the Contract to be awarded January
21, 1991 at the Brazos River Authority Regular Board
Meeting, along with the issuance of the these bonds.
The Bond Resolution for the $39,5B5,000 to be issued is
essentially the same as the one passed for the issue in
November, 1989. These are revenue bonds of the Brazos
River Authority and are secured by revenues from the
Contract with the City of Lubbock. The City of Lubbock
is totally responsible, by contract obligation, to
repay all principal, interest, issuance cost, and
paying agent fees. There is also a small fee (one-half
of one percent of the annual payment for the principal
and interest on the bonds) to be paid to the Brazos
River Authority for handling the debt service.
This Resolution gives Robert Massengale, Assistant City
Manager for Financial Services, the authority to
approve the bids on the bonds prior to their award by
the Brazos River Authority. Staff members are
scheduled to be in Waco for the January 21 Brazos River
Authority Board Meeting in order to review the bid
bonds and to deliver the City Council's approval of the
issuance of the bonds and the awarding of the Contract.
Included in the bond issue is $3,450,000, to be
reimbursed to the City of Lubbock, for expenses
incurred on the project.
Staff recommended approval of the Resolution.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3523 as
recommended by Staff. Motion carried: 7 Yeas; Q Nays.
(22.) Consider a Resolution regarding federal representation
services.
This item was deleted.
91-50A-19-15
(23.;j Hold an Executive Session to discuss gending
litigation --Utilities.
91-50A-19-15
(24.) BID #11043--Hydraulic tools (Water_Utilities}_
Commercial Body Corp., Irving--2 ea. 2" high volume
Hydraulic Sump Pump; 4 ea. 80 lb. Hydraulic breaker.
Racine Hydraulic Tools, Inc., Menomonee Falls, WI--4
ea. Hydraulic powered cut off saw.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 10, 1991
Page 20
91-50A-20-17
(25.) BID #11063--Envelopes (Print Shoe).
Southwest Wholesale Envelopes--1,000 M LP&L #10 window
envelopes; 1,000 M LP&L #9 window envelopes.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-20-18-
(26.) BID #11010--Local Area Network and authorize same
(Citibus).
RESOLUTION #3524
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 Computer Transition Services for local
area network -hardware for Citibus, 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 10th day of January, 1991.
IsZ B. C. McMinn
B. C. McM1NN, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 10th day of January, 1991
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 Computer Transition Services, of the
City 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
conditiions 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:
91-50A-3-2
January 10, 1991
Page 3
C. Consider Resolution #3517 authorizing
the Mayor to sign an Agreement with the
Lubbock Cultural Affairs Council for
the Arts Grant Program for 1991.
RESOLUTION #3517
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
by and between the City of Lubbock and the Lubbock Cultural Affairs
Council, 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 10th day of January, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
/s/ B. C. McMinn
B. C. McMINN, MAYOR
This agreement is made by and between the City of Lubbock, a
municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a
non-profit Texas Corporation ("Council"), for the purposes and
considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Section 351.002 V.T.C.A., Tax Code authorizes the City to
impose by ordinance a hotel occupancy tax which may not exceed seven
percent of the consideration paid by hotel occupants for a hotel room; and
WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes revenue from
the municipal hotel occupancy tax to be used only to promote tourism and
the convention and hotel industry; and
WHEREAS, Section 351.101 V.T.C.A., Tax Cade authorizes the City to
use a portion of revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts; and
January 10, 1991
Page 4
WHEREAS, there is now on deposit in the City's General Fund
$106,411.72 (the "Funds") collected by the City on or before September 30,
1990, for the fiscal year ending on that date, which funds represent that
portion of the hotel occupancy tax that may be disbursed for the
encouragement, promotion, improvement and application of the arts as
heretofore stated; and
WHEREAS, the Council, which is comprised of a representative cross-
section of those interested in and participating in the Lubbock arts
community, has proposed certain Guidelines (hereinafter "Guidelines" that
are attached hereto as Exhibit A and made a part hereof and incorporated
herein by reference for all purposes) and said Guidelines require a Review
Committee to recommend to the City how the funds should be distributed:
NOW THEREFORE, the City and Council agree as follows:
1. The City hereby adopts, ratifies and affirms the Guidelines
attached hereto as Exhibit A and the procedures set forth therein.
2. The City hereby agrees to pay to the Council the sum of
$106,411.72 in three equal installments of $35,470.57; the first
installment to be paid upon the execution of this agreement by both
parties, the second ❑n or before August 15, 1991, and the third on or
before November 15, 1991.
:3. From the first installment paid by the City, $5,320.59 may be
used to pay the estimated administrative costs of the disbursement of the
funds. The balance of that installment and all other installments shall be
deposited pending disbursement to application grantees in an interest
bearing account at a depository of the Council's choosing. The principal
amounts of the installments only shall be expended as approved, with the
interest being rebated to the City at the end of the term of this agreement
(or sooner at the convenience of the parties).
4. The City, in writing, shall approve in advance the semi-annual
grant awards recommended by the Council and Review Committee.
5. The Council must maintain the funds provided by the City in a
separate account established for that purpose and may not commingle those
funds with any other money or maintain it in any other account.
6. The Council shall maintain complete and accurate financial
records as to the administrative costs of the disbursement of the funds and
as to the disbursement of the funds themselves and how they are spent by
the application grantees, and on request of the City or another person,
shall make the records available for inspection and review at all
reasonable times, and shall make at least quarterly reports to the City
with regard to such expenditures. The Council will furnish the City with
an annual financial report listing all expenditures made by the Council and
detailing how each grantee has expended its grant funds.
]'. The funds shall be disbursed to application grantees only in
accordance with the Guidelines attached hereto.
El. If the Review Committee approves applications for grants in
excess of the amount disbursed by the City in either the first or second
installments, but less than the total amount of $106,411.72, the City, in
its sole discretion, may advance the additional amount requested prior to
the time when the remaining installment or installments are to be paid.
9. The Council shall allow the City's accountants to audit the
expenditure of the funds and shall be responsible for the costs of the
audits (which may be paid from the funds), and any other expenses incurred
by the City in assuring that said funds are properly disbursed by the
Council.
January 10, 1991
Page 5
10. The Council hereby indemnifies the City from any and all claims
or liabilities of any nature whatsoever arising out of the disbursement and
use of the funds by the Council including, but not limited to, any cause of
action or claim arising at events made possible or partially possible by
the funds, and the Council further agrees to hold the City harmless
therefrom.
11. The Council will request that each grantee receiving funds
include the following acknowledgement on printed programs or other
information produced by the grantees: "This program (exhibit) is made
possible (iin part) through a grant from the City of Lubbock recommended by
the Lubbock Cultural Affairs Council."
12. This agreement shall expire December 31, 1991.
Executed this 10th day of January, 1991.
THE CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST::
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
LslDonald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
LUBBOCK CULTURAL AFFAIRS COUNCIL:
/s/. Nicky Standl ee
Nicky Standlee, President
ATTEST:
Secretary
EXHIBIT A filed with Resolution #3517.
For each of the past eleven years, the City Council has
approved an Agreement with the Lubbock Cultural Affairs
Council whereby the City paid a portion of the revenues
collected from the hotel/motel tax for the
encouragement, promotion and improvement of all forms
of art in the community.
The 1991 Agreement provides for a total of $106,411.72,
which is 1/2t of the U hotel/motel tax collected
during the fiscal year ended September 30, 1990. This
represents an increase of $233 over the $106,178
allocation for 1990.
January 10, 1991
Page 5
91-50A-6-3
( 6.)
The Cultural Affairs Council recommended that a new
Agreement be approved to continue this program through
1991. The provisions of the proposed 1991 Agreement
are the same as those contained in the 1990 Agreement,
except for amounts. The 1991 Agreement provides for a
total sum of $106,411.72 to be paid to the Cultural
Affairs Council in three equal installments of
$35,470.57.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3517 as
recommended by Staff. Motion carried: 1 Yeas; 0 Nays.
RESOLUTION #3518
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, ELECT-
ING TO BECOME ELIGIBLE TO PARTICIPATE IN A TAX ABATEMENT PROGRAM IN ACCORD
WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT AND ADOPTING GUIDE-
LINES AND CRITERIA GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED
WITHIN LUB13OCK COUNTY.
WHEREAS, the City of Lubbock, Texas, is committed to the promotion of
high quality economic development in all parts of Lubbock County, Texas and
to an ongoing improvement in the quality of life for the citizens residing
within Lubbock County; and
WHEREAS, the City of Lubbock recognizes that these objectives are
generally served by enhancement and expansion of the local economy; and
WHEREAS, the City of Lubbock herewith determines that it is in the
best interest of the citizens and economic development of the City of
Lubbock to give consideration to providing tax abatement, as authorized by
V.T.C.A. Tax Code, Sec. 312.001 through 312.4011, as stimulation for
economic development within the City of Lubbock; and
WHEREAS, the promotion of economic development in the City of Lubbock
is strongly desired by the City Council; and
WHEREAS, the amended Property Redevelopment and Tax Abatement Act
allows for the creation of tax abatement zones to local criteria; and
WHEREAS, the creation of tax abatement zones in the City of Lubbock
and its extraterritorial jurisdiction can lead to future economic develop-
ment by encouraging investment and creating jobs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS;
January 10, 1991
Page 7
THAT the City of Lubbock elects to participate in a tax abatement
program as authorized by the Property Redevelopment and Tax Abatement Act
and to that, end herewith adopts the attached GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED WITHIN LUBBOCK
COUNTY, a copy of which is attached hereto as Exhibit "A" and made a part
hereof by reference.
PASSED AND APPROVED this 10th day of January, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette. Boyd
Ranette Boyd, City Secretary
APPROVED A, TO CONTENT:
Zsl Rod Ellis
Rod Ellis, Business Liaison Officer
APPROVED AS TO FORM:
Zsl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
EXHIBIT "A" filed with Resolution #3518.
Laurin Prather, President of the Board of City
Development, recommended that the City Council pass a
Resolution indicating interest in participating in a
Tax Abatement Program.
Mr. Prather stated that as the BCD updated its
Industrial Attraction Program, the fact that there was
no uniformity in the approach to tax abatement among
the taxing jurisdictions in Lubbock became apparent.
A meeting of the five major taxing jurisdictions
affecting the City of Lubbock was held in August, 1990
to begin standardizing the application process for tax
abatement. According to Mr. Prather, it was determined
that a standardized process should be uniform
throughout the entire county. Once there was consensus
of the leadership of the major taxing jurisdictions,
they worked with all 19 taxing jurisdictions in Lubbock
County.
The two documents for Council consideration are a
combination of input from all entities during a six
months' process. This standardizes the application
process and does not grant tax abatement. Each entity
will make a decision to grant abatement on every single
project.
According to State statute, these guidelines and must
be renewed every two years. Mr. Prather stated that
Lubbock will be the only county with a standard
application process under the new State statutes.
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to authorize Resolution #3518 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
January 10, 1991
Page 8
91-50A-8-4
( 7.)
91-50A-8-5
( 9.)
Harold Chatman, representing the Lubbock Citizens
Harold Chatman, Chairman of the Citizens Traffic
Commission, requested clarification of City Board
Attendance Policy regarding military absence pertaining
to Elroy Carson, member of the Lubbock Citizens Traffic
Commission, who was called to active duty in the Army
Reserves in November, 1990.
Mr. Chatman expressed concern over Mr. Carson's status
on the Commission. He said that the Board is uncertain
whether military service is covered by the Attendance
Policy. He requested assurance from the Council that
Mr. Carson's absence would not result in the dismissal
from the Commission and that, upon his return to
Lubbock, Mr. Carson would be allowed to serve on the
Citizens Traffic Commission.
By memo, Staff had recommended that Council consider a
uniform policy regarding military leaves of absence.
Mayor McMinn assured Mr. Chatman that Mr. Carson will
not be replaced at this time and stated that the issue
of military leave of absence would be addressed when
Council considers changes to the Board Attendance
Policy at the last meeting in January.
City of Lubbock.
ORDINANCE #9404
AN ORDINANCE: PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A
RECORDS MANAGEMENT PROGRAM FOR THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR
OWNERSHIP Or MUNICIPAL RECORDS AND THE RESPONSIBILITIES OF OFFICERS AND
EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE MICROGRAPHIC PRESERVATION
OF MUNICIPAL RECORDS; PROVIDING FOR THE DESTRUCTION OF ORIGINAL MUNICIPAL
RECORDS AFTER MICROGRAPHIC REPRODUCTION; PROVIDING FOR THE DESTRUCTION OF
OTHER UNNEEDED MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ORDINANCE NO.
7591 IN ITS ENTIRETY AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to pass on second and final reading
Ordinance #9404 as recommended by Staff. Motion
carried: 1 Yeas; 0 Nays.
January 10, 1991
Page 9
91-50A-9-6
(10.) ORDINANCE #9405--Levying paving assessments on 34th
Street from Loop 289 to Milwaukee Avenue.
ORDINANCE #9445
AN ORDINANCIE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVINI3 THE FOLLOWING ALLEY AND STREET LOCATED IN THE FOLLOWING BLOCKS
AND ADDITIONS: THE ALLEY BETWEEN 61ST STREET AND 62ND DRIVE AND BETWEEN
LOUISVILLE DRIVE AND KENOSHA DRIVE ABUTTING LOTS 39 THROUGH 43 AND 145
THROUGH 164, MELONIE PARK ADDITION; AND INCLUDING 34TH STREET FROM WEST
LOOP 289 TO MILWAUKEE AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY
DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO
AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE
BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION DF SUCH
ASSESSMENTS AND FOR THE ISSUANCE DF ASSIGNABLE CERTIFICATIONS IN EVIDENCE
HEREOF, ALLOCATING FUNDS.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to pass on second reading Ordinance
#9445 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50A-9-7
(14.) Consider setting the date and time for the Community
Development Block Grant Public Hearing.
91-50A-9-8
(15.)
As part of the Community Development Block Grant
submission process, the City Council conducts one
public hearing to provide citizens the opportunity to
comment on the proposed expenditure of Community
Development funds. The recommended program developed
by the Community Development Advisory Committee will be
published on February 17, 1991, and Staff recommended
setting the time and date of the public hearing for
5:00 p.m. on February 28, 1991.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to set the date and time for the
Community Development Block Grant Public Hearing for
February 28, 1991 at 5:00 p.m. as recommended by Staff.
Motion carried: 7 Yeas; O Nays.
RESOLUTION #3519
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 second sup-
plemental agreement between the City of Lubbock and Wilbur Smith Associates
for a parking analysis of the Lubbock Central Business District, 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.
January 10, 1991
Page 10
Passed by the City Council this loth day of January, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isf Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
David E. Woosley
David E. Woolley, City Traffic
Engineer
APPROVED AS; TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
THE :STATE OF TEXAS §
COUNTY OF LUBBOCK §
This supplemental agreement is made, entered and executed between the City
of Lubbock, hereinafter called the City, and Wilbur Smith Associates,
hereinafter- called the Consultant.
W I T N E S S E T H
WHEREAS, thie City and the Consultant executed a contract on the 24th day of
May, 1990, to conduct a parking analysis of the Lubbock Central Business
District; and,
WHEREAS, Article 1. Contract Period, of the contract, required the work
under the contract to be completed on September 30, 1990; and
WHEREAS, the City and the Consultant executed a supplemental agreement on
October 11, 1990, extending the contract termination to December 31, 1990;
and,
WHEREAS, it has become necessary to amend the contract to extend the time
for City review and final approval of the parking analysis report;
NOW THEREFORE, premises considered, the City and the Consultant agree that
said contract is amended as follows:
1. The contract, as amended by this supplemental agreement shall
terminate upon the City's final approval of work completed by
the Consultant or on January 31, 1991, whichever occurs
earlier, unless otherwise terminated or modified as provided in
the contract.
All other terms and conditions of the contract are unchanged and remain in
full force and effect.
January 10, 1991
Page 11
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED DUPLICATE COUNTERPARTS
TO EFFECTUATE THIS SUPPLEMENTAL AGREEMENT.
CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B. C. MCMINN, Mayor
ATTEST:
/s/ Ranette R..avd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5 David E. Woosley
David E. Woosley,
City Traffic Engineer
WILBUR SMITH ASSOCIATES
BY: /s/ E. L. WALKER, JR.
E. L. WALKER, JR.,
Senior Vice President
APPROVED AS TO FORM:
/s1 J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
According to Staff memo, the Lubbock Central Business
District Parking Analysis has been completed and is
ready for presentation at the January 24, 1991, City
Council Work Session. However, the current Contract
expired December 31, 1990, and Staff recommended it be
extended to January 31, 1991. No additional monies
will be involved in this extension, and Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Baker to authorize Resolution #3519 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
91-50A-11-9
(16.) Consider Ordinance #9406 authorizing the removal of the
traffic signal on 19th Street at the south leg of
Avenue U.
ORDINANCE #9406
AN DRDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 19TH
STREET AND THE SOUTH LEG OF AVENUE U AND AUTHORIZING THE REMOVAL OF SAID
TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
The Lubbock Independent School District requested that
the existing traffic signal on 19th Street at the south
leg of Avenue U be relocated to 19th Street at the
north leg of Avenue U to better serve the needs of the
traffic and students around Lubbock High School.
A traffic analysis was conducted at each intersection
by the Traffic Engineering Department, and the results
showed that current traffic flow cannot justify the
existing traffic signal on the south leg; however, the
volume of traffic approaching the intersection on the
north leg is 24% higher than the south leg and
justifies a traffic signal.
Bluebonnet Cleaners expressed concerns about the
relocation; the Senior Citizens Center did not perceive
any problems with the relocation.
According to Staff memo, since most of the equipment
can be reused at the new location, the total cost
should not exceed $10,000, and funding is currently
available in the Traffic Control System Capital
Projects Fund. Staff recommended approval.
January 10, 1991
Page 12
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading Ordinance
#9406 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-SOA-12-10
(17.) Consider Ordinance #9407 authorizing a traffic signal
on 19th Street at the north 1&q of Avenue U.
ORDINANCE #9407
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 19TH STREET AND THE NORTH
LEG OF AVENUE U; AND PROVIDING FOR PUBLICATION.
91-50A-12-11
{18.�
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading Ordinance
#9407 as recommended by Staff. Motion carried: 7
Yeas; 0 Hays.
RESOLUTION #3520
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 2-
A, METHODIST HOSPITAL ADDITION.
WHEREAS, the developer of Lot 2-A, Methodist Hospital Addition has
complied with the provision of Chapter 28, Article IV of the Code of Ordi-
nances of the City of Lubbock, by providing the water and sewer system
improvements for said Addition, in accordance with Section 28-156 of said
Chapter; and
WHEREAS, the total utility cost to the developer is $16,355.11 with
the improvements constructed by Craft Construction Company, having a value
of $15,705.75 as determined by the unit prices established by Chapter 28,
and $649.361 cash paid to the City, with Methodist Hospital, the developer
to receive a refund of $0.00 in accordance with Chapter 28 and a refund of
deposit in the amount of $0.00; and
WHEREAS, the construction of said water and sewer system improvements
was performed under the supervision of the Water Utilities Engineer and
complleted in accordance with City of Lubbock's plans and specifications;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby accepted
as an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made
in accordance with Chapter 28.
January 10, 1991
Page 13
SECTION 3. THAT a refund of deposit he made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and he in force
from and after its passage.
Passed by the City Council this loth day of January, 1991.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
IsI J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
91-50A-13-1&O
(19.)
IsI B. C. McMinn
B. C. McMINN, MAYOR
This is a routine acceptance of water improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$16,355.11, including value of construction costs of
$15,705.75 and $649.36 cash paid to the City. This
represents Phase II of the relocation of water and
sanitary sewer lines in conjunction with the Methodist
Hospital Expansion Project. Methodist Hospital will
handle dedicating any necessary utility easements.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Baker to authorize Resolution #3520 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Authority for the construction o eration and
maintenance of Lake Alan Henry.
RESOLUTION #3521
WHEREAS, the City of Lubbock, a Texas Home Rule Municipality, located
in Lubbock County, Texas (herein called "City") has been requested by
Brazos River Authority, A River Authority of the State of Texas, (herein
called "BRA") to convey and assign to BRA certain easements for the
construction, operation, and maintenance of Lake Alan Henry Dam (formerly
called Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be
built by BRA on the South Fork of the Double Mountain Fork of the Brazos
River in Garza and Kent Counties, Texas; and
WHEREAS, City is agreeable to complying with the request of BRA to
expedite and further the Project in the interest of the City and its
citizens; NOW THEREFORE:
January 10, 1991
Page 14
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the Ci-ty an Easement Conveyance
and Assignment from City (as Grantor) to BRA (as Grantee) in the form as
submitted by BRA, 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 loth day of January, 1991.
I_s/- B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/S/ Raiie %, e� Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL-Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
LsL-,J_Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
EASEMENT CONVEYANCE AND ASSIGNMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF GARZA AND KENT §
That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock
County, Texas, hereinafter called "Grantor", for valuable consideration,
receipt of which is hereby acknowledged has granted, transferred and
conveyed and by these presents does grant, transfer and convey unto BRAZOS
RIVER AUTHORITY, a river authority of the State of Texas, hereinafter
called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 75714, an
easement for the construction, operation and maintenance of Lake Alan Henry
Dam (formerly called Justiceburg Dam) and Lake Alan Henry, hereinafter
called "Project", to be built by Grantee on the South Fork of the Double
Mountain Fork of the Brazos River in Garza and Kent Counties, Texas, on,
over and across the tracts of land conveyed to Grantor in fee simple by the
deeds listed in Exhibit "A", attached hereto, with it being specially
agreed by Grantor that Grantee shall have the right to permanently flood,
overflow and inundate all portions of said tracts of land situated upstream
of the said Lake Alan Henry Dam and located below elevation 2220 feet above
mean sea level with waters impounded by or the flow of which is retarded by
the said Lake Alan Henry Dam; to temporarily flood, overflow and inundate
all of any part of said tracts held in fee by Grantor located below said
dam with water released through the spillways or outlet works of said dam;
and to temporarily flood, overflow and inundate all parts of said lands
held in fee by Grantor situated upstream of said dam and located between
elevation 2220 feet above mean sea level and elevation 2245 feet above mean
sea llevel with waters impounded by or the flow of which is retarded by the
said Lake Alan Henry Dam, with it being agreed that Grantee shall never be
liablle to Grantor, its successors or assigns, for damages to said tracts of
land or anything located thereon caused by the impoundment or retardation
of fllow of water by said Alan Henry Dam. It is further agreed that Grantee
shall) have access to all portions of said land held in fee by Grantor for
all purposes reasonably related to the construction, operation and
maintenance of Project including, but not limited to, law enforcement.
Grantor further grants, transfers,
all easements held by it or agreed to be
listed in Exhibit "A", attached hereto.
January 10, 1991
Page 15
conveys and assigns unto Grantee
conveyed to it under the deeds
This conveyance is made by Grantor and accepted by Grantee subject to
all outstanding mineral interests, royalty interests, easements, leases,
agreements, reservations, restrictions, ordinances, covenants and
encumbrances of record in Garza and Kent Counties, Texas, which affect or
pertain to the premises described in the deeds listed in Exhibit "A",
attached hereto. All rights granted or assigned herein shall remain in
full force and effect for as long as Grantee operates and maintains Project
under the terms and conditions of that certain Water Supply Agreement by
and between Brazos River Authority and the City of Lubbock, dated May 11,
1989, as same may be amended from time to time. Upon termination of said
Agreement, said Easements with the rights granted or assigned herein shall
terminate and revert to Grantor and Grantor's successors and assigns.
TO HAVE AND TO HOLD the above described easements and rights together
with all and singular the rights and appurtenances thereto in anywise
belonging unto the said Grantee and Grantee's successors and assigns
forever and. Grantor does hereby bind itself, its successors and assigns to
warrant and forever defend all and singular the above described easements
and rights unto Grantee and Grantee's successors and assigns against any
person whomsoever lawfully claiming or to claim the same or any part
thereof, subject however to the matters stipulated herein.
EXECUTED this the loth day of January, 1991.
THE CITY OF LUBBOCK, TEXAS
BY /s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
"Grantor"
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS INSTRUMENT was acknowledged before me on the loth day of
January, 1991, by B. C. McMinn, Mayor of the City of Lubbock, on behalf of
said City and in the capacity therein stated.
ZsZ Olivia R. Solis
Notary Public in and for the State of
Texas
APPROVED AS TO CDNTENT:
s Dari A. Hawkins
Dan Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
s J. Worth Fulling_im
Assistant City Attorney
(Brazos;\Lubbock.Easement)
EXHIBIT "A" filed with Resolution #3521.
January 10, 1991
Page 16
91-50A-16-13
(20.)
Lubbock's Agreement of May 3, 1989 with the Brazos
River Authority provides that all Easements be either
granted or assigned to the Authority for construction,
operation, and maintenance of the Lake Alan Henry
Project. According to Staff memo, this Easement
conveyance concerns seven properties in the lower
portion of the reservoir and comprises all of the
construction area at the dam site as well as the main
portion of the public access area.
This instrument would grant, transfer and convey such
Easements to the Brazos River Authority for the
construction, operation, and maintenance of the Lake
Alan Henry Dam and Reservoir, and grant the Brazos
River Authority the right to permanently or temporarily
flood and inundate all portions of the seven tracts of
land specified in the instrument located upstream and
immediately downstream of the dam. This Easement
conveyance will remain in effect as long as the Brazos
River Authority operates and maintains Lake Alan Henry
under the terms and conditions of the Water Supply
Agreement.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilwoman Trejo to authorize Resolution #3521 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3522
BE IT IRESDL.VED 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 Letter of
Approval to the Brazos River Authority with regard to the letting of the
construction contract for Lake Alan Henry Dam to Granite Construction Com-
pany, 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.
January 10, 1991
Page 17
Passed by the City Council this 10th day of January, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Ls/ Ranettel Boyd
Ranette Boyd, City Secretary
APPROVED AS; TO CONTENT:
Zsl Dan A. Hawkins
Dan Hawkins, Director of Water Utilities
APPROVED AS TO FORM:
Isj Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
LETTER OF APPROVAL filed with Resolution #3522.
91-50A-17-14
(21.)
The Water Supply Agreement between Brazos River
Authority and the City of Lubbock states that letting
any part of the Contract for construction of the
Project will be subject to the approval of the City
prior to the letting. This letter confirms the City's
approval to Brazos River Authority for awarding the
Construction Contract for Lake Alan Henry Dam to
Granite Construction Company.
After reviewing the bids, Freese and Nichols, Inc.,
recommended awarding the Contract to Granite
Construction Company, and Staff agreed with this
recommendation.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize Resolution #3522 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3523
RESOLUTION (1) APPROVING A RESOLUTION AUTHORIZING AND REQUESTING THE
ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY)
REVENUE: BONDS, SERIES 1991; PRESCRIBING THE FORM AND TERMS OF SAID BONDS;
PROVIDING FOR THE SECURITY AND PAYMENT THEREOF; AUTHORIZING THE FORM AND
USE OF THE DFFICIAL STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE
SUBJECT; AND (2) REQUESTING THE ISSUANCE AND SALE OF SUCH BONDS
January 10, 1991
Page 18
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
WHEREAS, on May 11, 1989, the City of Lubbock, Texas (the "City") and
Brazos River Authority (the "Authority") entered into that certain Water
Supply Agreement (the "Contract") in order that City may obtain an
additional surface water supply; and
WHEREAS, in order to provide the additional water supply the
Authority its to construct, maintain and operate the "Project" (as defined
in the Contract); and
WHEREAS, pursuant to the Contract, upon request of the City, and only
upon its request, the Authority is to issue and sell Bonds (as defined in
the Contract; in an aggregate amount sufficient in the opinion of the
Authority) and the City to pay all Project Costs (as defined in the
Contract) and to establish any funds required by the resolution authorizing
the Bonds; and
IdHEREAS, the Contract provides that the initial resolution
authorizing the issuance of the preconcstruction bonds and construction
bonds for the Project (the "Bond Resolution") is subject to approval by the
City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. In accordance with the Contract, the City and Authority
have determined that the Authority shall issue and sell bonds more
particularly described as "Brazos River Authority Special Facilities (Lake
Alan Henry) Revenue Bonds, Series 1991 in the aggregate amount of
$39,685,000 (the "Bonds").
SECTION 2. There has been submitted to the City the Bond Resolution
substantially in the form to be adopted by the Board of Directors (the
"Board") of the Authority on January 21, 1991 and bearing the draft date
12/17/90.
SECTION 3. The Bond Resolution is hereby approved by the City, and
the Authority is requested to issue and sell the Bonds.
SECTION 4. The City's approval of the Bond Resolution is subject to
the review and approval of the terms of sale of the Bonds on January 21,
1991. The City expressly delegates the power of review and approval to the
Assistant City Manager for Financial Services. The power granted in this
section shall be exercised in accordance with the following criteria: the
Bonds .are sold upon the terms and conditions as set forth in the Notice of
Sale and Bidding Instructions and Official Statement dated January 4, 1991,
and in the professional judgment of the Assistant City Manager the terms of
sale of the Bonds are feasible and within the City's ability to pay.
Passed by the City Council this 10th day of January, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST,:
s Raiette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s J. Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
Draft Resolution authorizing issuance of bonds, dated 12/17/90, filed with
Resolution #3523.
January 10, 1991
Page 21
BID NO. 11010: Local Area Network -- $75,500.00
and all 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 to 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:
Ls-L-Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Dusty D. Peters
ATTEST:
Isl Craig G. Alley
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Zs/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
IsZ Dan Vandiver
Computer Transition Services, Inc.
CONTRACTOR
By: David D. Baucum
TITLE: President
COMPLETE ADDRESS: Computer Transition Services
3223 S. Loop 289 #556
Lubbock, Texas 79423
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3524 as
recommended by Staff. Motion carried: 7 Yeas; D Nays.
91-50A-21-19
[27.;� BID #10943--
RESOLUTION #3525
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 Armstrong Mechanical Company, Inc. for
HVAC renovation at Lubbock International Airport, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
January 10, 1991
Page 22
Passed by the City Council this 10th day of January, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:.
Is Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
IsZ Harold_' Willard
Harold Willard, Assistant City
Attorney
IsZ B. C. McMinn
B. C. McMINN, MAYOR
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 10th day of January, 1991
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 Armstrong Mechanical Company, Inc. of
the City 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. 10943: HVAC Renovation at Lubbock International Airport --
$108,600.00
and all 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 to 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.
January 10, 1991
Page 23
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/ Ranette- Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Isl Jerry Smith /s/ Don Vandiver
Asst. City Attorney
ATTEST:
Armstrong Mechanical Co., Inc.
Isl Gayle 14. Butler CONTRACTOR
Secretary (Asst. Corp.)
By: Isl Woody Martin
TITLE: Vice President
COMPLETE ADDRESS: Armstrong Mechanical Co., Inc.
710 East 40th Street P.O. Box 3430
Lubbock, Texas 79452 Lubbock, TX 79452
Armstrong Mechanical --Base Bid Item #1 - Installation
of new chiller, approved by City Council December 13,
1990.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3525 as
recommended by Staff. Motion carried: 1 Yeas; 0 Nays.
91-50A.-23-20
(28.) BID #11019--H draulic well pulling derrick Water
Treatment).
Semcoaf Lamar, Lamar, CO.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize low bid meeting
specifications. Motion carried: 1 Yeas; 0 Nays.
91-50A-23-21
(29.) BID #11021--Truck tire recapping annual -pricing (Garage
Parts).
Woody Tire Co.--100 ea. Racap radial and bias truck
tires sizes 1000x20 and 1100x22.5 deep lug tread width
#1; 100 ea. Recap radial and bias truck tires sizes
1000x20 and 1100x22.5 deep lug tread width #8; 100 ea.
Recap radial and bias truck tires sizes 1000x20 and
1100x22.5 deep lug tread width #8.5.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize law bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 10, 1991
Page 24
91-50A-24-22
(30.) BID #10994--Banquet tables (Civic Center)_
91-50A-24-23
(11.)
Bryan Equipment Co., Bryan--300 ea. 8' rectangular
table; 50 ea. 5' round table.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize law bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Monterey Center Addition.
ORDINANCE #9408
AN ORDINANCE: AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-A; A
ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT TO DELETE ALL PRIOR
CONDITIONS OF ORDINANCES 2183, 2215, 2585 AND 5217 TO ALLOW FOR
REDEVELOPMENT OF THE PROPERTY ON TRACT A, SAVE AND EXCEPT THE NORTHEAST
500' X 500' TRACT, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Randy Egenbacher, representing Cavalcade Development,
appeared to present this request for zone change. Tom
Pritchitt, Land Planner for this project, Gary Warren,
representing W.D. Wilkins Co., and Jim Smith,
representing Second Baptist Church, spoke in favor of
this request.
Mr. Egenbacher stated that an agreement has been
reached between the Warren family and Cavalcade
regarding the Wilkins Co. site. He stated further that
Cavalcade has written a letter to Second Baptist Church
granting them continued use of the parking area until
such time as Cavalcade has need of the property. He
went on to state that Cavalcade would be willing to
sell the area currently used for parking by Second
Baptist Church, to the church.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:38 a.m.
Assistant City Manager Jim Bertram gave the adjacent
land use relationships as follows:
North
- commercial
South
- church and residential
East
- commercial
West
- commercial
The area is noted as commercial on the Comprehensive
Land Use Plan. An area 500' along 50th and Elgin in
the northeast corner was zoned C-3 previously to
accommodate a Furr's Cafeteria; the request in this
case is the balance of the property previously occupied
by Monterey Center.
January 10, 1991
Page 25
The Planning and Zoning Commission considered this
request similar t❑ the previous 500' parcel in that
Cavalcade has presented a proposed setback line around
the property and a request that the actual Site Plan be
approved at a later date. The setback and small parcel
locations along 50th Street represent a mutual
understanding between Cavalcade and W. D. Wilkins.
Representatives of Second Baptist Church, located at
the southeast corner of 54th Street and Elgin, and t❑
the south of this property, expressed some concerns at
the P&Z Hearing about their continued use of
Cavalcade's property for church parking, but according
to Staff memo, the City cannot legally require the
center to provide parking for the church.
As with the adjacent zone case, this request has three
❑bjectives:
1. To delete a rather complex series of
previous zoning conditions;
2. To establish a new setback line for the
main structures and tw❑ small parcel
locations, and;
3. To create a new site plan review
process by the Planning Commission
prior t❑ a building permit.
The proposed Ordinance was written as a Specific Use
Permit with four conditions:
1. Setback lines shall be as indicated on
the Site Plan (designated Exhibit 2658-
A) as presented t❑ the Planning and
Zoning Commission.
2. That a Site Plan, including building
elevations showing materials, color and
texture, shall be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of a
Building Permit.
3. A maximum ❑f two small parcels will
operate ❑n a separate basis with regard
to free-standing signs.
4. The building height for the small
parcel northeast of W. D. Wilkins shall
be one-story only.
The second condition will allow the two small parcels
t❑ have a complying free-standing sign, and enough
frontage will remain ❑n the large tract to accommodate
the largest available (up to 250 square feet) shopping
center identification sign. The proposed setback on
Elgin, 54th Street and most ❑f Gary is the standard 43'
commercial setback. Staff supported the Planning and
Zoning Commission recommendation.
Motion was made by Councilman Maloy, seconded by Mayor
Pro Tem Baker to pass on first reading Ordinance #9408
with revision t❑ the Site Plan and conditions
recommended by P&Z and City Staff. Motion carried: 1
Yeas; 0 Hays.
January 10, 1991
Page 26
91-50A-26-24
(12.)
ORDINANCE #9409--zone Case #2661 (south of 62nd Street,
east of University Avenue, and north of 66th Street) --
Hold a_Publ_ic Hearing to consider request of David
ORDINANCE #9409
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661; A ZONING
CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH AND CHURCH RELATED USES,
ON A 34.6 ACRE TRACT OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO
CONDITIDNS;; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Bernie Gradel, Jr., of Hugo Reed & Associates, spoke in
favor of this request (on behalf of Dakwood Baptist
Church) to re -zone the Golden Horseshoe property for
church and church -related uses.
Bobby Cannon spoke in opposition to the request for
zone change.
Mayor McMinn closed the hearing at 10:47 a.m.
Assistant City Manager Jim Bertram gave the adjacent
land use relationships as follows:
North - duplex residential
South - city park and commercial
East - R-1 residential
West - commercial and R-1 residential
The area is noted as commercial on the Comprehensive
Land Use Plan because of the prior use. The zoning is
R-1 and the prior drive-in movie was legal non-
conforming. The property will be subject to a Cut and
Fill Plan approval by the Planning and zoning
Commission at a later date, which was the only concern
voiced by adjacent residents. It is Staff's opinion
that the proposed use will create less traffic and
other land use pressures than any commercial proposal.
The site meets the Comprehensive Land Use Plan guide-
line for churches, which recommends a thoroughfare
location on the perimeter of established neighborhoods.
The Planning and zoning Commission recommended change
from R-1 to A-2 subject to the following conditions:
1. Limited to church and church related uses.
2. Site Plan review by the Planning and
Zoning Commission prior to the issuance
of a Building Permit indicating curb
cuts, screening and setback.
Staff supported the recommendation of the Planning and
Zoning Commission.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Phillips to pass on first reading Ordinance
#9409 with Conditions recommended by P&z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
91-50A-27-25
(13.)
ORDINANCE 09410
January 10, 1991
Page 27
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE
CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1448-F; A
ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT TO ALLOW C-2 USES AND
AMEND THE SITE PLAN TO ENLARGE A BANKING FACILITY AND TO CONSTRUCT A NEW
DRIVE-IN FACILITY SOUTH OF THE EXISTING BUILDING ON THE NORTHWEST PORTION
OF LOT A, ROTHWEBB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
91-50A-.27-26
( 8•)
Bill Cox appeared on behalf of American Bank of
Commerce to present this request for zone change.
No one appeared in opposition and Mayor McMinn closed
the hearing at 10:53 a.m.
Assistant City Manager Jim Bertram stated that the
shopping center at 50th and Memphis is tied to a Site
Plan, and this zone change request to amend the Site
Plan is written as Specific Use to provide a reduced
setback from Memphis for a drive -through canopy.
Mr. Bertram gave the adjacent land use relationships as
follows:
North - commercial
South - commercial
East - commercial
West - commercial and residential
According to Mr. Bertram, Staff agrees with the
proponent that the upgraded motor bank facility will
reduce congestion caused on both 50th and Memphis by
the current arrangement; the parking ratio for the
center will remain adequate.
Staff supported recommendation of the Planning and
Zoning Commission.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to pass on first reading Ordinance
#9410 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Jim Shearer, Executive Director of Lubbock CenterCorp,
recognized the Board of Directors and presented
recommendations for the "Broadway Corridor Plan",
completed by Joe McKay, Architect, under a $9,500
Contract with the City of Lubbock,
Joe McKay presented final recommendation and gave a
slide presentation. Recommendations are as follow:
January 10, 1991
Page 28
1. CenterCorp recommended the use of Tax
Increment Funds from the Tax Increment
District to purchase and begin
development of the Gateway Park/Plaza
at Broadway and Avenue Q in 1991.
2. Subject to the availability of funds,
CenterCorp also recommended that the
following demonstration projects he
accomplished in 1991:
a. Landscape medians at the Broadway
and Avenue Q gateway;
b. Streetscape one full block of
each Segment I and 2;
C. Conduct a "Design Contest" for
the proposed gateway structure to
span Broadway.
3. CenterCorp recommended that Segments 1,
2, and 3 of the 5treetscape Plan be
included in the planning process for
the 1992-1994 Capital Improvements
Program.
4. CenterCorp recommended the development
of a Transit Transfer Station in the
Center Business area, and the opening
of the 13th Street access from
Interstate 27. Both these projects are
vital to the Redevelopment Plan,
although they are not included
specifically in this study.
The report recommends that "Immediate Demonstration
Projects" be funded from tax increment funds and other
resources in 1991. Other projects shown as "Phase I
and Phase II Projects" are being prepared as Capital
Improvement Program projects to be submitted to the CAC
this January.
Since the detailed report recommends that "maintenance
should he provided by the City Parks and Recreation
Department to ensure consistent and continuing care",
the Parks Department has developed the following
options for accomplishing this:
The Broadway Plan recommends that the Parks and
Recreation Department be responsible for the
maintenance of the development which would include:
lighting, irrigation equipment, park -like
structures, and plant material.
This development is being designed to impart a
highly visible and positive image for the City of
Lubbock to the downtown district and will require a
level of maintenance which exceeds current
standards. The ongoing cost of maintenance needs
to be considered.
With information provided by the Broadway Plan, it
is estimated that 24,500 square feet of maintenance
will he required for the initial proposed phases.
The types of maintenance services that will be
required are as follows:
91-50A-29-27
(31.)
January 10, 1991
Page 29
a. Pruning of trees and shrubs
b. Bed cultivation - weed removal
c. Leaf removal
d. Fertilization
e. Litter pickup and receptacle service
f. Propagation, planting, and care of annual
color beds
g. Irrigation maintenance
h. Hard surface maintenance - sweeping,
cleaning
i. Lighting maintenance - seasonal, special
events
Proposed costs for this maintenance proposal:
Personnel services - 1 man year $16,914
Supplies 2,530
Maintenance 1,270
Other Charges 846
Capital - Pickup and Radio 16,825
Total first year cost $38,385
Funding Options --Several cities were contacted to
determine the funding arrangements for maintenance
of streetscapes. It appears that assessments for
maintenance are more prevalent in some California
cities with the General Fund picking up the tab in
many cities.
Selection of Plant Material --Should the Parks and
Recreation Department be assigned the responsibil-
ity for ongoing maintenance, Staff would
recommended that they review all final plans as to
specifications and plant material prior to the
bidding process.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to endorse proposal of Lubbock
CenterCorp for.the "Broadway Corridor Plan" and at the
next Council meeting, to consider funding of the
gateway project. Motion carried: 7 Yeas; 0 Nays.
to:
Permit and License Appeal Board
West Texas Municipal Power Agency Board
Board of Managers of the Lubbock Emergency
Communications District
Mayor Pro Tem
January 10, 1991
Page.30
91-50A-30-28
(32.)
91-50A-30-29
(33.)
0A-30-30 91-5
(34.)
21._1992.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to hold appointment to the Permit
and License Appeal Board. Motion carried: 1 Yeas; 0
Nays.
Consider .one appointment to the West Texas Municipal
Power Agency Board of Directors.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to appoint Carroll McDonald to the
West Texas Municipal Power Agency Board of Directors.
Motion carried: 1 Yeas; 0 Nays.
Consider one apgointment to the Board of Managers of
the Lubbock Emergency Communications District. The
term of Bill Payne will expire January 9 1991.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to reappoint Bill Payne to the
Board of Managers of the Lubbock Emergency
Communications District. Motion carried: 1 Yeas;
0 Nays.
91-50A-30-31
(35.) Consider Resolution #3526 designating Mayor Pro Tem.
RESOLUTION #3526
WHEREAS, heretofore on June 28, 1990, the City Council of the City of
Lubbock elected Councilmember Joan Baker to serve as mayor pro tem of the
Lubbock City Council to serve until a successor is elected and qualified;
and
WHEREAS, the City Council of the City of Lubbock is required to elect
a mayor pro tem from among its membership by the judgment in Janes v. City
of Lubbock, CA-5-15-34 (Federal District Court --Northern District of Texas,
1983); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
January 10, 1991
Page 31
THAT Counciimember T. J. Patterson is elected mayor pro tem of the
Lubbock City Council until such time as a successor may be elected and
qualified.
Passed by the City Council this loth day of January, 1991
Ise B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
LsLOonald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Mayor Pro Tem Baker announced her resignation as Mayor
Pro Tem and made a motion to authorize Resolution
#3526, designating Councilman T. J. Patterson Mayor Pro
Tem until May, 1992. Motion was seconded by
Councilwoman Trejo and carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, motion was made by
Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to adjourn the
meeting at 12:31 p.m. Motion carried: 7 Yeas; 0 Nays.
B. C. McMinn, Mayor
ATTEST:
Ranette Boyd, City Secretary
Read and approved this 24th day of January, 1991.
/ow c�
B. C. McMinn, Mayor
ATTEST:
Ranet a Boyd, City Secret y
NOTICE OF
PUBLIC HEAR iPIG
NOTICE Is harehn given that "W
City Councli will hold a Public
Hearing an Thursday. January 10.
1991 at 10.3D A.M., in the City Coun-
cil Chambers, 1625 13th Woo.
Lubbock, To as, fa oonsI fha
recommend. by the Planning
and zoning mission not low
Ing be changed On certain proper.
ties in Lubb . Texas. All inler-
esled
CA, Councpersona may speak, then the
il will act on such ree-
Orni'mm None. The Wowino inns
[aces will be heard.
IONE CASE NO. 2mi. Request bI
David Govatla (tor Oakwood Boo`
list Church) for zoning change
tram Fri Ea A-2 (limited to ckurck
add church related uses) on a Sf:i
acre tract out Of Section L Block E
(south of 62M Street, east Of Uni-
versity Avenue, and north of a6)h
Street).
TONE CAS* NO. UWA: Request
Of Richard Henderson (for Cam -
cede Development) for zoning
change from C-3 to C-3 to delete all
Prior condition$Of Ordinances 2161
2215, 2US, and S217 10 allow for devetOOMem of the properly orre a
Portion of Tract A. Monterey Ceo-
ter Addifloo (west of Elgin Avenue,
south of 501h Street, and east OI
Gary Avenue).
ZONE CASE NO. 148-F.- Request
of Bill Cox-Archifect (for American
Bank of Commerce) for zoning
change from C•210 C-2 Specific use
(to enlarge banking facility and
construct a new drive -In fac(lihy
south Of the existing building) an
the northwest portion of LOT A,
Rothwebb Addition (southeast cot.
net of 5Wh Street and Memphis
Avenue).
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FORNT 58-10
TEXAS
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R-655
a Notary Public in an(] for Lubbock Count'. Texas on this day
red — I elf ; of the Southwestern Newspa-
puhlishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday. who
sworn dill depose and say that said newspaper has been published continuousiV for more
eeks Prior to the first insertion of this —
YO?9?984 at Luhhock C'ounlVL Texas and the attached print
is Betrue (11g)v of1Udriginal and was printed in the Lubbock
al on the fallowing dates:
241 wa .50 = 126.5❑
. C C
ft manager
I,,1,VC'Fll: JOURNAL
ewspapers Corporation
NOTARY PUBLIC if1 Ind for the State of
My Commissiol,< xpires,"$
sworn to before me this 17 day of December ly 9D
TONYA RENRY
Noi�,ry Pdtlir
STATt- OF i'XAS
My Comm EAD Nov 19 1994
ORDINANCE NO-;z
AN 6RDINANCE PROVID-
ING FOR THE ESTABLISHMENT R - b b b
,AND ADMINISTRATION OF A
RECORDS MANAGEMENT PRO-
GRAM FOR THE CITY OF Lull -
TEXAS
SOCK, TEXAS; PROVIDING FOR OWNERSHIP OF MUNICIPAL BBOCK
RECORDS AND THE RESPONSI-
BILITIES Of OFFICERS AND n Y Henry a Notary Public in and for Lubbock County, Texas on this day
EMPLOYEES WITH RESPECT
THERETO; P ROV I DING FOR red T J. A u f i I I Account Manager of the Southwestern Newspa-
THE 1y{LROGRAPHIC PRESER-
VATICSIC.OF MUNICIPAL REC- publishers of the Lubbock Avalanche -Journal - Morning and Sunday who being by me duly
7NI IN ITS
OTHER OR
FLICT HER
A SAVINGS
VIDINGAN
FOR THE
,RIGINAL and say that said newspaper has been published continuously for more than fifty-two weeks pri-
]S AFTER
;PROOUC• ?rtion of this I
FOR THE
THER N-
IAL REC-I
L _ 11T0. at Lubbock County, Texas and the attached print -
FUR THE 1 e g a I notice is a true copy of the original and was printed in the Lubbock
AHCE NO.
AND ALL 61 on the followin dates. —'an- —1.2_,7 9 + 1 49 1
RZDIIN HO .• 00 = 92.0
AND
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Account Mana er
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me this ciao
FORN1 i8.10