HomeMy WebLinkAboutMinutes - City Council - Regular - 7/11/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JULY 11, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 11th day of July, 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 T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Absent: Councilman M. J. Aderton.
Mayor McMinn called the meeting to order at 10:00 A.M.
( 1.} The Invocation was given by Assistant City Manager
Robert Massengale.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Phillips to approve the Minutes of the
June 27, 1991 Regular City Council meeting as
written. Motion carried: 6 Yeas; 0 Nays.
91-50B-451-3s6
4.) A representative of Civic Lubbock, Inc., will appear
to present the 1991-92 Budget.
The Agreement between the City of Lubbock and Civic
Lubbock, Inc. provides that Civic Lubbock, Inc.
present their budget for the upcoming year to the
City Council in July of each year.
Mavis Miller, Chairman of Civic Lubbock, Inc.,
stated that the 1991-92 Civic Lubbock, Inc. budget
shows combined revenues of $1,295,410 and direct
expenses of $897,480. General operating expenses
are estimated to be $76,648 for a total expense of
$974,128. Direct expenses are those required to
produce gross revenues and net profits from
concessions and ticket sales; General Operating
expenses reflect administrative expenses for all
Civic Lubbock, Inc. operations.
The combined revenues reflect an estimated 11%
increase over the current year generally due to the
addition of the Meadowbrook food and beverage
operation for a full fiscal year and an anticipated
increase in Select -a -Seat revenues. Direct expenses
reflect a 19% increase and an increase of 15% in
general operating expense is anticipated, primarily
due to increased expense for Meadowbrook and Select -
a -Seat personnel.
July 11, 1991
Page 452
91-50B--452-397
(16.)
The amount to be paid to the City is $164,606, an
increase of 3.5%. An additional amount of $11,139
will be paid to the Parks and Recreation Department.
These figures include the Civic Center,
Auditorium/Coliseum, and Meadowbrook Golf Course
concession operations. The Meadowbrook budget
includes a capital expenditure of $9,570 for
purchase of equipment.
The booking budget provides for $78,746 for specific
allocation for 18 events and an additional $25,000
in Booking Reserve for a total of $103,746. This
amount includes allocation for five events not
previously funded by Civic Lubbock, Inc., and such
major events as Holiday Happening, Community
Christmas Party, Arts Festival, Fiestas, Lubbock
Symphony and Ballet Lubbock. The new events are:
TTU/NIRA Rodeo, Girl Scout Fair, TTU/College Theater
Festival, Lubbock Civic Chorale Christmas Concert
and Bernstein/Copeland Concert.
Allocations for art and beautification total $8,125
with an additional $7,500 reserve for a total of
$15,625.
entertainment) on the south 145 feet of Lot 4,
Plan -Ex Addition, and consider Ordinance.
Mike Carper appeared on behalf of Sonny's Borrowed
Money Saloon, Inc. to present this request for zone
change. Mr. Carper pointed out that this site is
separated from the adjacent area by an earthen dam
and screening fence on the west side, a highway on
the north side, a lake and chain link fence on the
east side, and Loop 289 Access Road on the south
side. He stated further the area requested to be
permitted is only a small portion of the complex and
is located at the corner farthest away from Brown
McKee Construction.
According to Mr. Carper, this request meets all
requirements of the ordinance and if not granted
then the proponent is concerned about where inside
the City limits such an establishment might be
permitted. He then questioned the two adult
entertainment establishments currently permitted as
previously existing condition.
E. Jack Brown, Brown McKee, Inc. spoke in opposition
to this request.
Mayor McMinn closed the hearing at 10:50 a.m.
David Jones, Director of Planning, stated that in
Zone Case 2635-A, the area within the old Carriage
House Motel requested for adult entertainment was
the floor area housing the former club and
restaurant facing the Slaton Highway. The portion
requested within this case is approximately the east
one-half of the south most building of the old motel
facing Loop 289.
July 11, 1991
Page 453
Mr. Jones gave the adjacent land use relationships
as follows:
North
South
East
West
- the club associated
of the old motel
- Loop 289
- playa lake
with the north part
- Brown McKee Engineering
According to Staff memo, since the area is zoned
M-1, the only Comprehensive Land Use Plan issue is
that of entry corridors to the City of Lubbock.
Mr. Jones reported that at the P&2 Hearing several
adjacent landowners presented the same objections
concerning adult entertainment as expressed last
year.
The Planning and Zoning Commission discussion
regarded the following three Zoning Policy issues:
1. The Site Plan shows the current club
(Borrowed Money), the two east
buildings as future commercial,
approximately one-half (6300 square
feet) of the south building as the
adult entertainment club and the
other half as a future game room.
P&Z Commission members indicated an
interest in the type of businesses
planned for the "future commercial",
as well as the compatibility of a
game room in the same building.
Within the current M-1 zoning all of
the other current or proposed
activities are permitted uses so
long as the required parking is
provided. The proponent has a plat
prepared on their adjacent unplatted
property that would provide a
parking area for many combinations
of uses.
2. The Specific Use District in Section
29-24(c)(26) speaks to an adult
entertainment establishment with
three guidelines:
a. 750' from any church or
school-- No such uses within
that distance.
b. 600' from another adult
entertainment establishment --
None within 600'.
C. 200' from residentially zoned
property --The closest
residential zoning is
approximately 630' southwest
across Loop 289.
July 11, 1991
Page 454
3. Not included as a discussion of
adult entertainment, but as a zoning
requirement for bars, is the 500'
separation. The proponent stated
that the Texas Alcoholic Beverage
Commission indicated that the adult
entertainment area could operate
under the Borrowed Money alcoholic
beverage permit. Mr. Carper
indicated that the entire property
would be declared as the premises
and that several areas on the
property could have either bars or
restaurants under the umbrella of
one permit. Staff noted that if
separate permits are required, then
approval of the adult entertainment
Specific Use Permit would waive the
500' spacing rule.
According to Staff memo, the zone change request
submitted by the proponent included only the south
building location. The adjacent property owners and
several P&Z Commission members questioned whether
the smaller parcel was intentional to reduce the
notice area and to diminish the possibility of 20%
opposition. Staff response was that the smaller
definition of property has recently been used
several times and further, even if the entire lot an
which the south building is located were requested
for change, the increased notice area and property
owners would not have triggered the 5/7th City
Council vote by reason of 20% opposition.
Although there is little doubt that increased
activity on this parcel would increase traffic, this
should not significantly impact overall traffic
since the property fronts an both the Slaton Highway
and Loop 289.
Final Staff comments verified that adult
entertainment is included in the Specific Use
section of the Code because the use is a sensitive
social issue that is accommodated through zoning.
The Planning and Zoning Commission based their
denial on the fact that conditions presented with
the first request had not changed.
Staff recommended that Council uphold the P&Z denial
of the request.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to uphold the Planning and Zoning
Commission recommendation for denial of Zone Case
#2535-B request as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
91-50B-454-398
(17.) Hold a Public Hearing an Council redistricting
options.
July 11, 1991
Page 455
91-50B-455-399
(18.) Consider Ordinance #9458 approving Council election
districts.
AN ORDINANCE AMENDING SECTION 8-4, SUBSECTIONS (b) AND (c) OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ESTABLISHMENT OF DISTRICTS FOR CITY COUNCIL MEMBERS BASED UPON THE 1990
FEDERAL CENSUS; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Assistant City Manager Jim Bertram explained the
three options to more closely equalize City Council
districts according to population and to maintain
the requirements of the Federal Courts regarding
minority representation/population areas. According
to Staff memo, any of the following three options
will comply with the Court requirements, Voting
Rights Act, and provide equal numbers per district:
Option #1
Precinct Precinct Total
Council District Gains Deductions Deviation
1 17 & 71 0.79%
2 18 & 25 -3.40%
3 22, 23, 28 17, 18, 25 -0.40%
& 67 & 49
4 21 & 30 23, 28, 61 1.32%
& 67
5 61 23, 22, 30 -2.33%
& 57
6 49 & 57 71 4.02%
Top to bottom deviation for Option #1 is 7.42%.
Option #2
Precinct Precinct Total
Council District Gains Deductions Deviation
1 17 & 18 2.35%
2 25 & 29 3.21%
3 21, 22, 23 17, 18, 25 3.58%
& 28 & 29
4 30 23 & 28 0.49%
5 21, 22 & 30 -5.41%
6 No change in precincts -4.21%
Top to bottom deviation 8.99%.
July 11, 1991
Page 456
Option #3
Precinct Precinct Total
Council District Gains Deductions Deviation
1 17 & 18 5 -3.06%
2 5 & 29 -4.13%
3 22, 23 & 28 17, 18 & 29 2.63%
4 30 23 & 28 0.49%
5 22, 30 & 57 2.59%
6 57 1.48%
Top to bottom deviation 6.67%
Those speaking in opposition were:
Clyde Myres, 2606 Ridge Road --apposes creation
and maintenance of minority districts.
Harold Chatman--Supports Option #3:
74% minority make-up with 4.13 deviation.
Joan Ervin --Supports Option #2.
Cecil Puryear--apposed all options.
Mayor McMinn closed the hearing at 11:30 a.m.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to pass on first reading
Ordinance #9458 and choosing Option #2. Motion
carried: 6 Yeas; 0 Nays.
91-508-456-400
5.) A representative of the Lubbock Cultural Affairs
Council wi,l,l.appear to present recommendations for
the first part of 1991.
On January 10, 1991, the City Council approved an
Agreement between the City of Lubbock and the
Cultural Affairs Council for $106,411.72 for the
encouragement, promotion, and improvement of all
forms of art in the community. These funds
represent that amount collected from one-half cent
of the hotel/motel tax during the fiscal year that
ended on September 30, 1990. The Agreement provides
that the review committee of the Cultural Affairs
Council receive and evaluate applications for grants
and then makes recommendations to the City Council
for awarding of these grants.
Russell Hughes presented recommendations of the
Lubbock Cultural Affairs Council for funding of
grants the first part of 1991.
According to Mr. Hughes, the Cultural Affairs Grants
Review Committee met and reviewed 22 applications
with requests totalling $112,288 June 27, 1991. 17
grants were recommended for full or partial funding
at a total of $61,646, $150 above the total dollars
available for funding.
July 11, 1991
Page 457
The applications recommended for funding were as
follows;
Total
Funded
Texas Tech University Department of Art $ 3,500
West Texas Regional Scholastic Art
Competition
Lubbock Symphony Orchestra 8,500
Lubbock Symphony Orchestra Youth Concerts
Texas Tech University KTXT-TV 3,604
West Tejano Lifestyles Series
Texas Tech University Theatre 4,000
Region VI American College Theatre Festival
Texas Tech University School of Music 3,578
Thouvenel String Quartet/Mozart Festival
Texas Tech University Bilingual- 2,440
Multicultural Resource Center
Viva La Musica
Fiestas del Llano, Inc. 6,000
16 de Septiembre-Fiestas Patrias
Celebration
Lubbock Community Theatre 2,522
Dick Whittington
Acteen/Lubbock Community Theatre 7,500
Acteen
City of Lubbock Fine Arts Center 3,000
Rejoice
City of Lubbock Fine Arts Center 400
National Drawing Exhibition
Ballet Lubbock 7,500
The Nutcracker 1991
University -Civic Chorale 3,200
Family Christmas Concert
Texas Tech University Museum 1,037
Lubbock Lake Artifact Boxes
Texas Tech University Center Programs 500
Arun Gandhi
Texas Tech University Center Programs 1,365
The Long String Instrument
4th U.S. Cavalry Regiment (Memorial) 3,000
Association
Second Annual National Horse Cavalry
Olympics and Exposition
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to approve recommendation of the
Lubbock Cultural Affairs Council for arts grants
funding as set forth above. Motion carried: 6
Yeas; 0 Nays.
July 11, 1991
Page 458
91-50B-458-401
( 6.)
No one spoke either for or against this request.
According to Staff memo, Eustacio Montalvo applied
for a Loudspeaker Permit for July 13, 1991 from 7:30
p.m. until 11:30 p.m. at 102 North Uvalde, and Mr.
Montalvo has met the requirements of the Loudspeaker
Ordinance. Due to the location and time of this
event, City Council approval is necessary.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to approve request of Eustacio
Montalvo for a Loudspeaker Permit for July 13, 1991
from 7:30 p.m. until 11:30 p.m. Motion carried: 6
Yeas; 0 Nays.
91-508--458-402
( 7.)
No one spoke either for or against this request.
According to Staff memo, Ed Ainsworth applied for a
Loudspeaker Permit on behalf of Agape Christian
Center for July 19 through July 31, 1991 from 7:30
p.m. until 10:00 p.m. at 6508 Avenue P, and Mr.
Ainsworth has met the requirements of the
Loudspeaker Ordinance. Due to the location and time
of this event, City Council approval is necessary.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to approve request of Agape
Christian Center for a Loudspeaker Permit for July
19 through July 31, 1991 from 7:30 p.m. until 10:00
p.m. Motion carried: 6 Yeas; 0 Nays.
91-50B-.458-403
( 8.) Chuck Kershner has applied for a Loudspeaker Permit
on behalf of Dr. Sam Hill for July 13 1991 from
7:00 p.m. until 11:00 g.m. in conjunction with a
barbecue and dance.
No one spoke either for or against this request.
According to Staff memo, Chuck Kershner applied for
a Loudspeaker Permit on behalf of Dr. Sam Hill for
July 13, 1991 from 7:00 p.m. until 11:00 p.m., and
Mr. Kershner has met the requirements of the
Loudspeaker Ordinance. Due to the location and time
of this event, City Council approval is necessary.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to approve request of Dr.
Sam Hill for a Loudspeaker Permit for July 13, 1991
from 7:00 p.m. until 11:00 p.m. Motion carried: 6
Yeas; 0 Nays.
July 11, 1991
Page 459
91-50B-459-404
( 9.)
ORDINANCE #9454
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2572; A 20NIING CHANGE FROM A-1 TO C-2 AND C-4 TO C-2 ZONING ON LOTS 14,
15, 16, 17 AND A PORTION OF 18, BLOCK 2, HANKINS ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
91-50B-459-405
(10.)
Motion was made by Mayor
by Councilwoman Trejo to
reading Ordinance #9454
Motion carried: 5 Yeas;
Block A-K.
ORDINANCE #9455
Pro Tem Patterson, seconded
pass on second and final
as recommended by Staff.
0 Nays.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2437-D; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO A-2 ZONING LIMITED TO
CHURCH USES ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
91-50B--459-406
(11.)
Motion was made by Mayor
by Councilwoman Trejo to
reading Ordinance #9455
Motion carried: 5 Yeas;
ORDINANCE #9456
Pro Tem Patterson, seconded
pass on second and final
as recommended by Staff.
0 Nays.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2437-D;; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO A-2 ZONING LIMITED TO
CHURCH USES ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9456 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 460
91-508-460-407
(12.) ORDINANCE #9457--Amending Zoning Ordinance to
include personal care facility.
ORQLNANCE #9457
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY
OF LUBBOCK, ENTITLED "ZONING", BY ADDING DEFINITIONS OF PERSONAL CARE
FACILITIES AND PERSONAL CARE SERVICES TO SECTION 29-3, 8Y AMENDING
SECTIONS 29-10(c)(5), 29-10(1)(1)(h), 29-13(c)(3), 29-13(1)(1)(d),
29-16(c)(4), and 29-16(1)(1)(d), TO ADD "PERSONAL CARE FACILITIES";
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9457 as recommended by Staff.
Motion carried: 6 Yeas; D Nays.
91-50B-460-4O8
(13.) ORDINANCE #9451--Rescinding Ordinance #9444 calling
the August 10, 1991 Special Election.
ORDINANCE #9451
AN ORDNANCE REPEALING ORDINANCE NO. 9444 CALLING A SPECIAL CITY
ELECTION FOR AUGUST 10, 1991, AND PROVIDING FOR PUBLICATION.
91-50B-460-409
(14.)
Motion was made by Mayor
by Councilwoman Trejo to
reading Ordinance #9451
Motion carried: 6 Yeas;
ORDINANCE #9452
Pro Tem Patterson, seconded
pass on second and final
as recommended by Staff.
O Nays.
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND
CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS
AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER,
THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS,
SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE
CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY AND THE PERFORMANCE
OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE;
SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER
PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR
PUBLIC NOTICE OF THIS ORDINANCE; PROVIDING FOR WRITTEN ACCEPTANCE OF
THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN
EFFECTIVE DATE.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9452 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 451
91-50B-451-410
(15.)
ORDINANCE #9453
AN ORDINANCE AMENDING SECTION 2-155 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO APPEALS TO THE PERMIT AND
LICE14SE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9453 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
91-513B-451-411
(19.) Consider Resolution #3552 authorizing the Right -Of -
RESOLUTION #3552
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 acquisition of additional land for public
purposes and municipal purposes, to -wit: for the widening of Avenue H,
and this 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:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the 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:
BEGINNING at a 1/2" iron rod, set in the North line of 2nd
Place for the Southwest and beginning corner of this tract,
whence a 3/8" iron rod, found at the Southwest corner of Lot
3, Alicia Addition to the City of Lubbock, Lubbock County,
Texas, bears North 87"43'14" West, a distance of 97.75 feet;
THENCE N. 02*15145" E. a distance of 100.00 feet to a 3/8"
iron rod, found for the Northwest corner of this tract;
THENCE S. 87043'14" E. a distance
iron rod, set in the West line of
Northeast corner of this tract;
THENCE S. 02°15'45" W., along the
distance of 100.00 feet to a 1/2"
Southeast corner of this tract;
of 35.25 feet to a 1/2"
Avenue H, for the
West line of Avenue H, a
iron rod, set for the
THENCE N. 87"43'14" West, along the North line of 2nd Place,
a distance of 35.25 feet to the POINT OF BEGINNING.
CONTAINING: 3525.00 square feet (0.08 acres)
July 11, 1991
Page 462
SECTION 2. THAT the owners of said tract, being JOE F. OWENS and
his wife, BETTIE J. OWENS, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $49,100.00, which is the
amount appraised as the value and total damages for the 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.
Passed by the City Council this llth day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed Buc
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This tract of land is being acquired for the
widening of Avenue H northward from Third Street to
the new I-27 right-of-way to the north of Second
Place. The Highway Department widened Avenue H from
Third Street to Fourth Street with the construction
of the Texas Avenue underpass some years ago. Plans
to widen Avenue H began in 1969 and acquisition
started in 1970; this is the final tract to be
acquired. The owners are Joe and Bettie Owens.
This property has been used as a car and truck
repair facility since the early 1970's.
Area to be acquired is a strip of frontage along
Avenue H which is 100' north -to -south and 35.25'
east -to -west for a total taking size of 3,525 square
feet. Because of its complex nature, this taking
was appraised by Ralph Mabry, M.A.I., and reviewed
by Tommy Cantrell, M.A.I.
The part taken was appraised at $1.75 per square
foot. ($1.75 X 3,525 sq. ft.) for a total of
$6,204, and the payment for asphalt paving was
$2,820 for a total due of $9,024.
Damage due the landowner was the biggest concern as
this taking removes more than half of the existing
setback and front parking area from this business.
Mr. Owens works on all sizes and lengths of vehicles
at this business, and his clients include electrical
and motor work on tractor -trailer rigs which must
remain connected. When this taking is completed,
the setback from the business will be 22' to the new
right-of-way line at the business office and 34'
from the garage door to the new right-of-way line
for Avenue H. Previously, the setback was fig' which
will legally accommodate a a 65' tractor -trailer
rig.
July 11, 1991
Page 463
91-50B--463-412
(20.)
Long motor homes will be traffic hazards as they
will overhang the new right-of-way. Since the
business will n❑ longer be able to effectively
service large trucks, the highest and best use ❑f
the property will have changed. Market sales in
this area indicate from 75t to $1 per square foot
difference in vehicle repair type facilities which
have a large setback for trucks and those which have
a small setback for car repair.
To compensate for this, payment is made to the
owners for a large truck service bay to be added at
the northwest corner of the existing building (22'
by 341), and enlarging the existing parking area to
the north to facilitate entry by trucks to this new
service bay, and also t❑ handle the parking ❑f cars.
(Mr. Owens owns Lots 1 and 2, Alicia Addition, plus
an unplatted lot to the north of these two.)
The damages are calculated as follows:
1. Construction of additional bay
in back to service large trucks $21,692
2. Cost t❑ move existing fences and
gate to increase size of parking area 3,168
3. Payment for loss of parking spaces
due to moving gate 1,115
4. Payment for paving of new parking
area for truck and car use 11,132
5. Payment for installation of
minimum landscaping to conform
t❑ code on new parking lot area 3,002
Total 40,109
Plus Value of Part Taken 9,024
Total Compensation Due Owner $49,133
Staff recommended an offer to Mr. and Mrs. Owens of
$49,100, based ❑n the appraisal and review
appraisal.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3652 as
recommended by Staff. Motion carried: 6 Yeas; O
Nays.
ORDINANCE #9459
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED
IN SECTION 15, BLOCK A, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
(HARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
July 11, 1991
Page 464
This alley is located in an unplatted area south of
North Loop 289 and west of North Avenue J. It was
dedicated by A.L. King across an unplatted tract of
land to service future businesses along North Avenue
J. Mr. King recently sold this large tract of land
to O'Hair Shutters, proponent of the closure. Area
being closed is 20,420 square feet and a new alley.
A street dedication for North Avenue N will more
than offset this alley area being closed. The $150
application fee has been paid. Staff recommended
approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Malay to pass on first reading
Ordinance 49459 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
91-50B-464-413
(21.) Consider -Ordinance #9460 abandoning and closing a
portion of Huron Avenue in Section 29, Block A-K
(8101 Huron).
ORDINANCE #9460
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF HURON AVENUE
LOCATED IN SECTION 29, BLOCK A-K, 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 TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
91-50B-464-414
(22.)
This Ordinance closes a 2,156.22' (.0495 acre)
portion of Huron Avenue in the Pheasant Run
Addition. Originally, Huron was dedicated with a
street stub for future dedication southward to 82nd
Street and westward to Iola Avenue when Tracts A, B,
and D were platted. However, in this new plat,
Huron does not go through to 82nd Street and this
street stub area is no longer needed. The proponent
of this closure is the Cornerstone Bible Church
which is also dedicating a portion of Iola Avenue
and a portion of 82nd Street which more than offset
the area being closed. The $150 application fee has
been paid and all utilities are in agreement. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance 49460 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
ORDINANCE 49461
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 20TH STREET IN
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 TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
July 11, 1991
Page 465
This Ordinance abandons and closes two small tracts
of land which will close 20th Street, approximately
900' west of Toledo Avenue in the Cain Terrace
Addition and Four Acres Addition. Twentieth street
dead ends at the Dunn Estate property and at one
time was planned to continue on westward to 19th
Street.
The Dunn Estate is now platting the property west of
the planned area of closure and due to P&2 platting
requirements, the main entrance into this new
development will be from 19th Street; access will
not be allowed from 20th Street.
Area being closed in Tract 1 is 78.12 square feet
and in Tract 2, 159.92 square feet, for a total
closure of 238.04 square feet. The Appraisal
District has valued the abutting property at 70� per
square foot: 70� X 238.04 sq. ft. _ $167 due the
City.
Tract 1 is owned by J.R. Blumrosen; Tract 2 is owned
by .lames Burkeholder; Michael Seger, who lives east
of Mr. Blumrosen, is the proponent of this closure.
All utilities are resolved and the $150 application
fee has been paid. Staff recommended approval.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9461 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
91-50B-465-415
(23.) Consider Ordinance #9462 abandoning and closing a
portion of right-of-way adjacent to Chicago Avenue
located in Section 28, Block E-2 (6302 Chicago
Avenue
ORDINANCE #9462
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PUBLIC RIGHT-OF-
WAY ADJACENT TO CHICAGO AVENUE IN 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 TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIOING FOR PUBLICATION.
This Ordinance closes a previously dedicated 936.6
square feet portion of a street stub for 63rd Street
located along the west side of Chicago. This street
stub was dedicated along with a portion of Chicago
Avenue when Tract A, Farrar Park Addition, was
platted and is now being closed. Proponent of this
closure is Henry Huneke for H.A. Sessions, the
original dedicator of this street. The $150
application fee has been paid and all utilities are
in agreement. Staff recommended approval.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9462 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 466
91-50B-466-416
(24.)
ORDINANCE #9463
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY LOCATED IN SECTION
28, BLOCK E-2, 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 SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
91-50B-466-417
(25.)
This Ordinance abandons and closes a 20' north -south
alley located along the west side of Lot 1, Farrar
Park Addition. Area being closed is 20' by 275' for
a total closure area of 5,500 square feet.
Proponent of this closure is Hugo Reed for Henry
Huneke who was the original dedicator of this alley.
This alley closure will revert to an Underground
Utility Easement on Lot 1, and the property to the
west is being replatted. No problems were
anticipated with this closure. Staff recommended
approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9463 as recommended by Staff. Motion
carried: 6 Yeas; 0 Hays.
RESOLUTION_#3653
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine the public needs, safety and welfare demand and create a
public necessity for the acquisition of the fee simple title and
easement title to additional land for municipal public uses and
purposes, to -wit: for fee simple title to land for any lawful purpose in
connection with the extension of the water works system of the City of
Lubbock, and for easement title to land for flood and restrictive
easement purposes from elevation 2220 feet above mean sea level to
elevation 2245 feet above mean sea level, which easement grants City (a)
the right to intermittently overflow, flood or cover such land, at any
time wiith flood, slack or backwater created by construction, maintenance
and operation by City of its proposed Lake Alan Henry Reservoir, also
known as the Justiceburg Dam and the Reservoir and for the storage of
water created by the construction of the Dam; (b) the right to enter
upon said land, with due notice and without loitering, to clear, destroy
or dispose of any timber, brush, obstruction, accumulation, trash, filth
or any other thing which would in any way interfere with the
construction, maintenance and operation of such dam and reservoir or
tend to render the same unsafe or unsanitary and to prevent the drainage
or dumping of refuse, sewage or other material into such reservoir and
to carry out an adequate program of pollution control; and (c) the right
to prevent the construction of, or the removal, with due notice, of any
structure or facility located or to be located on said land, in
connection with the extension of the water works system of the City of
Lubbock:, 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 land as needed for such purposes as aforesaid; NOW
THEREFORE:
July 11, 1991
Page 457
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described
tracts of land being located in Garza County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble
hereof, to -wit:
(1) Tract I described in Exhibit "A" designated as "Reservoir
Area A" in legal description thereof attached hereto and
made a part hereof consisting of three pages.
(2) Tract II described in Exhibit "B" designated as "Unusable
Land" in legal description thereof attached hereto and made
a part hereof consisting of one page.
;SECTION 2. THAT easement title for flood and restrictive
easements to the tracts of land hereinafter described being located in
Garza County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
(1) Tract III described in Exhibit "C" designated as "Flood and
Restrictive Easement A" in legal description hereto attached
and made a part hereof consisting of six pages.
(2) Tract IV described in Exhibit "D" designated as "Flood and
Restrictive Easement C" in legal description hereto attached
and made a part hereof consisting of one page.
�(3) Tract V described in Exhibit "E" designated as "Flood and
Restrictive Easement FR2" in legal description hereto
attached hereto and made a part hereof consisting of three
pages.
(4) Tract VI described in Exhibit "F" designated as "Flood and
Restrictive Easement FR3" in legal description attached
hereto and made a part hereof consisting of three pages.
(5) Tract VII described in Exhibit "G" designated as "Flood and
Restrictive Easement FR4" in legal description attached
hereto and made a part hereof consisting of three pages.
July 11, 1991
Page 468
SECTION 3. THAT the owners of said tract, being Appleton Doyle
Jusice, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $18,256.00, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said
real estate hereinabove described, and the amount of $28,770.00 for the
easement title to the real estate hereinabove described for the value
and damages therefor, being a total offer to said owner of $47,026.00
for such fee simple and easement title acquisition, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney and said City of
Lubbock is riereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title and
easement title to said land as hereinabove described for public purposes
and municipal purposes.
Passed by the City Council this 11th day of July, 1991.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:;
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is/ J. 'Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Exhibits A, B, C, D, E, F and G are filed with Resolution No. 3653.
These two Fee Simple and five Flood and Restrictive
Easement areas are located in Sections 3 and 13
approximately three miles southeast of Justiceburg,
Texas. The fee simple tracts of land are 22.20
acres (reservoir) and .62 acres (unusable land) for
a total of 22.82 acres.
The Flood and Restrictive Easement tracts of land
are 103.26 acres, .99 acre, 4.62 acres, 74.57 acres,
and 104.30 acres. Acquisition cost for the fee
simple parcels is $18,256 at $800 per acre; and cost
for the five easements is $28,770 at $100 per acre.
After this acquisition, there remains 194.18 acres
of fee simple land and 984.19 acres of easement land
to acquire for Lake Alan Henry. The last issue
Staff has to deal with in the final acquisition of
the remaining acreage is a title problem which
involves approximately 137.177 acres of the
remaining fee simple and 119.79 acres of the
easement land. In 1925, Jeff D. Justice and wife,
Mattie Justice, were divorced and the property
divided; however, Mr. Justice retained ownership of
the river beds of Big Sand Creek and the Brazos
River in Sections 11, 12, 13, 19 and 20. This was
retained through a metes and bounds description in
the Deed Records.
July 11, 1991
Page 469
91-50B-469-418
(26.)
Eight parties of heirs share ownership of these sand
gravel rights. Most parties can be found, but title
work will be required to clear defects, probates,
and heirship questions. Doyle Justice, one of the
owners, and Stan Weaver, the Title Examining
Attorney for the Justiceburg Project, have agreed to
assist Staff.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3653 as
recommended by Staff. Motion carried: 6 Yeas; O
Nays.
Consider_ Resolution_#3654__ authorizing the -Right -Of-
RESOLUTION #3654
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 and welfare demand and create a public
necessity for the acquisition of additional land for public purposes and
municipal purposes, to -wit: a sanitary sewer line easement, and this
City Council of said City finds it in the public interest and for public
purposes and municipal purposes to proceed with the acquisition of an
easement in, upon, over, under, along and across land as needed for such
purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an an easement in, upon, along, over, under,
along and across 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:
BEGINNING at the Southeast corner of the Southwest 1/4 of
Section 6, Block A, Lubbock, Lubbock County, Texas;
THENCE S. 89°38'43" W. a distance of 10.00 feet to a point;
THENCE North a distance of 2642.00 feet to a point;
THENCE N. 89°38'43" E. a distance of 10.00 feet to a point;
THENCE South a distance of 2642.00 feet to the POINT OF
BEGINNING.
July 11, 1991
Page 470
SECTION 2. THAT the owners of said tract, being VANETTA NEWTON
MILLER and JANETTA FRANCIS BARKLEY, as coexecutrixes of the estate of
Hugh Newton, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $1,700.00, which is the amount appraised as the
value and total damages for the acquisition of an easement in, upon,
over, under, along and across 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 an easement in,
upon, over, under, along and across said land as hereinabove described
for public purposes and municipal purposes.
Passed by the City Council this 11th day of July, 1991.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This Sewer Line Easement is needed for the Lubbock
County Correction Center to be constructed north of
Municipal Drive and east of Guava Avenue. This line
will run north -south along the east 10' of the
Newton Estate property for one-half mile, and an
additional 15' will be needed for a Working Easement
during construction. Area needed for the Permanent
Easement is 10' by 2,642', or 26,420 square feet
(.61 acre), and the area needed for the Working
Easement is 15' by 2,642', or 39,630 square feet
(.91 acre).
The owners have agreed to $1,700 for this Easement
(Staff's offer to them) and of this amount, $610 is
for the Permanent Easement and $1,090 is for land
and crop damages in the Working and Permanent
Easement area over a three-year period.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3654 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
July 11, 1991
Page 471
91-50B-411-419
(21.) Consider Resolution #3655 authorizing the Mayor to
RESOLUTION #3655
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,
subject to Federal Aviation Administration approval, a contract with E G
and G Aviation Security Services for professional engineering services
for the design, preparation of specifications and supervision of
security improvements at Lubbock International Airport, attached
herewith, which small be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS, TO CONTENT:
s Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City Attorney
Contract with EG&G Aviation Security Services is filed with Resolution
No. 3655.
At the June 21, 1991 Work Session, Council
authorized Staff to negotiate a Contract with EG&G
Aviation Security Services for engineering services
for the design, specification, and supervision of
security system improvements at the Airport.
This is a one year Contract, and EG&G will have the
required system operational by June 1, 1992. The
scope of the Contract includes design, engineering,
and monitoring of the system during early operation
to assure that it will meet the FAA requirements for
security access of all aviation personnel. The
proposed dollar amount of this Contract is $357,000.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3555
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
July 11, 1991
Page 472
91-50B-472-420
(28.)
RESOLUTION #3555
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
77 THROUGH :94, PRESTON HILLS ADDITION.
WHEREAS, the developer of Lots 77 through 94, Preston Hills
Addition has complied with the provision of the City of Lubbock Code,
Chapter 28, Article IV, by providing the water and sewer improvements
for said addition in accordance with paragraph 155 of said Chapter 28,
and
WHEREAS, the total utility cost to the developer is $21,299.29
with the improvements constructed by Utility Contractors of America
having a value of $14,960.93 as determined by the unit prices
established by said Chapter 28, a transfer of $5,345.36 for adjacent
line costs and $993.00 cash paid to the City, with Lubbock Land Co., the
developer to receive a refund of $5,935.94 in accordance with Chapter 28
of the Code of the City of Lubbock and a refund of deposit in the amount
of $00.00; and
i4NEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 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 cast in the amount of $5,935.94 he
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$00.00.
_SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 11th day of July, 1991.
Isl- B. C._McMinn_
B. C. McMINN, MAYOR
ATTEST:
s Raniette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
s J. Worth Fullingim
Assistant City Attorney
July 11, 1991
Page 473
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $21,299.29, including $14,960.93 for
construction costs, a transfer of $5,345.36 for
adjacent line costs, and $993 cash paid to the City.
The developer Lubbock Land Co. will receive a refund
of $5,935.94. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to authorize Resolution #3656 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
91-50B-473-d21
(29.) Consider Resolution #3657 authorizing the Mayor to
execute an Agreement with HDR Engineering, Inc. for
engineering _services associated with the
construction phase of the Water Treatment Plant.
RESOLUTION #3657
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
Amendment to the December 6, 1990, Agreement for Engineering Services
for renovation of the City of Lubbock Water Treatment Plant by and
between the City of Lubbock and HDR Engineering, Inc., which Amendment
is attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Dan A. Hawkins
Dan A. Hawkins, P.E.
Director of Water Utilities
APPROVED AS TO FORM:
/s/_Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
July 11, 1991
Page 474
AMENDMENT
WHEREAS, the City of Lubbock, Texas, and HDR Engineering, Inc.,
have heretofore entered into an Agreement for Engineering Services upon
December 6, 1990; and
WHEREAS, the parties to said Agreement now desire to amend said
Agreement to include additional services and compensation as provided by
Attachments A-1, B-1 and C-1 attached hereto; NOW THEREFORE:
WITNESSETH:
'THAT the parties hereto agree that the Agreement for Engineering
Services executed by and between the City of Lubbock and HDR
Engineering, Inc., upon December 6, 1990, shall be amended to include
this Amendment and the Attachments hereto; and
THAT all references in the original Agreement for Engineering
Services to "Attachment A" and "Attachment B" shall be read as including
"Attachment A and A-1", "Attachment B and B-1" and "Attachment C and C-
1 . 11
IN WITNESS WHEREOF, the parties have executed this Amendment upon
this 11th day of July, 1991.
CITY OF LUBBOCK:
s B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s/ Rariette Boyd
Ranette Boyd, City Secretary
APPROV17-D AS TO CONTENT:
s Dari A. Hawkins
Dan A. Hawkins, P.E.
Director of Water Utilities
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
HDR ENGINEERING, INC.:
/s/ William Hindman
William B. Hagood, P.E.
Senior Vice President
ATTEST:
/s/ Henry Ben_ies, Jr.
Secretary
Attachment A-1, Attachment B-1, and Attachment C-1 are filed with
Resolution No. 3657.
July 11, 1991
Page 475
The long-range improvements to the City of Lubbock's
water treatment plant facilities are presently being
designed by HDR Engineering, Inc. For construction
and fund scheduling purposes, the total project has
been broken down into five subcontracts as follows:
Contract 1: Improvements required by Safe
Drinking Water Act (SDWA) Amendments
Contract 2: Improvements to ammonia and
chlorine feed systems
Contract 3: General facility improvements
Contract 4: Construction of a new
6,000,000 gallon clearwell
Contract 5: Additions to existing
administration and laboratory building
As required by the 1986 Amendments to the SDWA,
construction will begin on Contract 91 in the Fall
of 1991 and will be completed by the July 1, 1993
compliance deadline; the remaining two contracts
will begin construction in the Spring of 1992.
The City's existing Contract with HDR Engineers
provides engineering services through the bid phases
of the total project, and this agreement is
necessary to secure engineering services for the
construction phase of the total project.
Construction phase services will include project
administration, resident project representatives,
and start-up services including operation and
maintenance initiation. Compensation for these
construction phase services has been negotiated with
the engineer and is proposed as follows:
For project management meetings, coordination and
basic services for the administration of the
construction of improvements for the Lubbock Water
Treatment Plant, at an hourly billing fee for
Engineers' personnel services has been established.
The maximum for Engineers' personnel services shall
not exceed $406,348.44 without written
authorization.
Subcontract personnel services
subcontractor's non -labor costs
expenses billed at cost and are
$450,440. This amendment will
services through the completion
project.
Staff recommended approval.
and Engineers' and
will be reimbursable
estimated to be
cover engineering
of the total
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize Resolution
93657 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
July 11, 1991
Page 476
91-50B-476-422
(30.) Consider Ordinance #9464 adoRting a City of Lubbock
Water Conservation and Drought Contingency Plan.
ORDINANCE #9464
AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN; AUTHORIZING THE DIRECTOR OF WATER UTILITIES TO
ADMINISTER THE PLAN; PROVIDING A PENALTY OF NOT LESS THAN $10.00 PER DAY
NOR MORE THAN $200.00 PER DAY FOR EACH DAY OF NON-COMPLIANCE WITH THE
PROVISIONS THEREOF; DECLARING A PUBLIC NEED OF AN EMERGENCY NATURE FOR
THE ADOPTION HEREOF ON ONE READING; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
The City of Lubbock will construct advanced
wastewater treatment facilities utilizing low -
interest loan funds through the Texas Water
Development Board's State Revolving Fund Program.
Development of a Water Conservation and Drought
Contingency Plan is a program requirement mandated
by use of these state funds and is a legal Statement
of Intent by the City to use water wisely, to plan
for the future, and to be prepared in case of an
emergency condition.
Each aspect of the Plan has been part of the goals
and objectives of the City of Lubbock, and passage
of the Plan will have little negative impact on City
operations or its water customers. The educational
programs, which will be focused on the public
schools, will provide a significant long-term public
benefit.
During periods of drought some water users will be
impacted and the objective of the Plan is to lessen
this impact by evaluating conditions, determining if
an emergency exists, and declaring one of three
response levels: Mild, moderate, or severe. Under
the Plan, a mild condition will be declared if water
demand approaches the system's maximum safe
operational capacity, and if there is a possibility
that the supply could be threatened if the drought
continued. If a mild condition is declared, the
public will be informed, and a voluntary reduction
of normal water use will be requested, including
watering of lawns only between 6:00 p.m. and 10:00
a.m.
Moderate conditions will be declared when water
supply levels are still adequate, but are declining
at such a rate that immediate conservation measures
are necessary, or if imminent or actual failure of a
major component of the public water system threatens
health, safety, or economic activity. If a moderate
condition is declared, the public will be informed,
and lawn watering will be restricted, under penalty
of violation, between 6:00 p.m. and 10:00 a.m., with
even numbered addresses watering on even days, and
odd numbered addresses watering on odd days. Also,
washing cars, operating ornamental fountains (except
recirculating type), and wasting of water (such as
washdown of driveways, sidewalks, parking areas, and
streets) would be prohibited.
July 11, 1991
Page 477
Severe conditions will be declared if imminent or
actual failure of a major component of the public
water system could cause an immediate health or
safety hazard, adequate fire protection is
threatened, and/or water demand exceeds the system's
maximum safe supply on a regular basis. The public
will be kept informed and advised as conditions are
reclassified or terminated.
The Plan will be implemented following
authorization, by Ordinance of the City Council.
The Director of Water Utilities will be authorized
to enact the Plan, including declaring emergency
conditions, if necessary and will consult with the
Police Department in the event of moderate or severe
conditions. Penalty clauses in the Ordinance will
be enforced and fines assessed.
The overall goal of this Plan is reduction of the
current rate of water consumption by 5% or 9.5
gallons per capita per day. The short-term loss of
revenue should be balanced by long-term availability
of water to support population growth and new
industry.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9464 as recommended by Staff. Motion
carried: 6 Yeas; D Nays.
91-51)B-477-423
(31.) Consider Resolution #3658 authorizing the Mayor to
sign a_Contract and related documents with the Texas
Department of Community -Affairs for weatherization
assistance program.
July 11, 1991
Page 478
RESOLUTION #3558
WHEREAS, the City ❑f Lubbock has been ❑ffered a contract from the
Texas Department ❑f Community Affairs to administer a program to
weatherize the home ❑f low income families in Lubbock County; and
WHEREAS, the City Council of the City ❑f Lubbock believes it to be
in the best interest of the health, safety and welfare of the citizens
of the County of Lubbock t❑ make it possible for low income families to
conserve energy and to reduce energy costs; NOW THEREFORE:
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 a contract and related documents with the Texas
Department of Community Affairs in the anticipated amount of $87,307 for
the period of April 1, 1991 through March 31, 1992. A copy of said
contract is attached hereto t❑ be spread upon the minutes of the Council
and shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this llth day of July, 1991.
/ Z B. C. McMinn
B. C. McMINN, MAYOR
ATTEST::
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVE=D AS TO CONTENT:
/s/ Sylvia A. Martinez
Sylvia A. Martinez, Community
Services Supervisor
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Texas Department of Community Affairs Contract No. 552048 for
Weatherization Assistance is filed with Resolution No. 3558.
This Resolution authorizes the Mayor to sign a
Contract with the Texas Department of Community
Affairs for the annual Weatherization Assistance
Program administered by the Community Services
Department and targeted at primarily elderly and
handicapped, low income individuals.
Under this program, contractors will install
insulation, weather stripping, storm windows and
caulking to make homes more energy efficient.
During the last Contract, 60 homes were provided
with "basic" services and an additional 53 were
provided with "enhanced" services involving
additional roof work, etc. Staff anticipates the
same level of assistance as last year for the
Contract amount of $87,307.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize Resolution #3658 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
July 11, 1991
Page 479
91-50B-479-424
(32.)
RESOLUTION #3659
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 Junior League of
Lubbock, Inc., for the construction and operation of Safety City,
attached hierewith, 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 llth day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lee Osborn
Lee Osborn, Director of Parks
and Recreation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold ;Millard, Assistant City
Attorney
July 11, 1991
Page 480
THE STATE OF TEXAS §
COLLABORATIVE CONTRACT
COUNTY OF LUBBOCK §
This Agreement and Contract is made and entered into by and
between THE JUNIOR LEAGUE OF LUBBOCK, INC., a Texas Non -Profit
Corporation, hereinafter referred to as "THE LEAGUE", and THE CITY OF
LUBBOCK, TEXAS, a home rule municipality, hereinafter referred to as
"THE RECIPIENT", each of whom is herein acting by and through its duly
authorized officers and officials, with terms and conditions as follows:
14HEREAS, it has been estimated that approximately 8,000 youths
nationwide are seriously injured or killed in accidents each year, often
during routine activities such as walking across streets or bicycling to
and from schools, public parks and playgrounds; and
WHEREAS, many of these recurring tragedies might be preventable if
children were better educated to recognize potentially dangerous
situations and to be more vigilant at such times; and
WHEREAS, concerned citizens of some communities in Texas and other
states have responded to this need for accident prevention education in
their locales by establishing child -sized "mini cities" complete with
buildings, paved streets and sidewalks, traffic signals and even
battery -powered "mini -cars," all of which provide an ideal environment
for teaching youngsters important safety habits through upbeat and
informal classroom instruction and fun -filled practical experiences; and
WHEREAS, both the RECIPIENT and THE LEAGUE deem it to be in the
best interest of the citizens of the City of Lubbock to establish and
operate a comparable facility and program known as "Safety City" to
educate: local school children in pedestrian, bicycle and automobile
safety„ subject to the provisions of this contract; and
WHEREAS, THE LEAGUE proposes to provide volunteer and financial
assistance for the endeavor in the amounts and upon the terms and
conditions hereinafter set forth;
Now, THEREFORE, the parties hereby mutually agree that such
volunteer and financial assistance shall be provided and accepted upon
the following terms and conditions, to -wit:
July 11, 1991
Page 481
WITNE55ETH:
1. Contribution. THE LEAGUE, subject to the contingencies
contained herein, shall contribute a total sum of not more than
$60,000.00 to THE RECIPIENT to fund the start-up costs associated with
Safety City. This sum will be paid to the City of Lubbock for deposit
into a specific account set up for the sole purpose of receiving funds
and paying expenses attributable solely to the construction, operation
and maintenance of Safety City. This sum represents a portion of the
estimated start-up costs of Safety City, being a portion of the costs of
construction of Safety City and materials and equipment in connection
with the operation, maintenance and educational aspects of Safety City.
The payment of such sum, however, is contingent upon and subject to the
remaining conditions contained in this agreement. Neither THE LEAGUE
nor THE RECIPIENT shall have any responsibility or obligation for the
remaining costs of construction of Safety City. The City shall in no
way be obligated for any of such construction costs and THE LEAGUE shall
only be obligated to pay the amount indicated herein, regardless of the
actual amount of the start-up costs or construction costs of Safety City
and regardless of whether or not Safety City is actually constructed or
not. Both THE LEAGUE and THE RECIPIENT herein agree to use their
respective best efforts to raise sufficient funds through donations and
contributions in kind to pay for the construction and maintenance costs
of Safety City that exceed THE LEAGUE's contribution, but neither party
shall have any obligations other than as set forth herein. For purposes
of this; contract, both THE LEAGUE and THE RECIPIENT shall be deemed to
have used their "best efforts" by allowing either their members or their
employees to serve on a steering committee which solicits donations and
contributions in kind for the construction and maintenance of Safety
City.
The funds to be paid by THE LEAGUE shall be paid to THE RECIPIENT
upon presentation of an invoice or statement by THE RECIPIENT requesting
a distribution of funds. After the first such payment, subsequent
requests shall include an accounting by THE RECIPIENT of the expenditure
of the previously requested funds and an estimate, if possible, of the
projected expenditure of the newly requested funds. The parties
contemplate that such requests for funds will probably be made in three
(3) equal installments between the period of June 1, 1991, through May
31, 1992. If all such funds are not requested during that time, THE
LEAGUE shall have no obligation to pay any portion of the $60,000
contribution after May 31, 1992, even if all such funds were not
requested prior to that time. If for any reason any portion of the
$60,000 contribution paid by THE LEAGUE to THE RECIPIENT is not used or
needed for start-up construction or initial maintenance of Safety City,
such unused or excess funds will be repaid to THE LEAGUE.
2. Conditions for Contribution. It is specifically agreed and
understood by and between the parties that THE LEAGUE has agreed to make
such contribution of funds and provide volunteer personnel, as herein
contemplated, strictly upon the following terms and conditions:
A. That during the entire three (3) year period, beginning June
1, 1991, and ending May 31, 1994, both THE LEAGUE and THE
RECIPIENT use their best efforts (as defined above) to raise
sufficient funds or materials from sources other than THE
RECIPIENT's General Fund to pay all bills incurred by them
iincluding, but not limited to, payment of any excess expense not
covered by THE LEAGUE's monetary contribution, in order to
construct, operate and maintain Safety City. Neither party shall
be obligated for these complementary funds or materials other than
as set forth herein.
B. That books of record be maintained by THE RECIPIENT under
generally acceptable accounting procedures (GAAP), and THE LEAGUE
shall have the right to inspect the same at any and all reasonable
times, within normal business hours, during the term of this
agreement.
July 11, 1991
Page 482
C. That any use of either party's name for publicity in
connection with Safety City must be approved in advance by that
party's responsible official, who shall be the President for THE
LEAGUE and the Director of Parks and Recreation for THE RECIPIENT.
But it is understood that either party may make known its own
contributions to the project in whatever public manner it deems
appropriate.
D. That the activity or activities of THE RECIPIENT and THE
LEAGUE and their employees and members, in connection with and
'limited to the construction, operation and maintenance of Safety
City, be performed and conducted in a professional and business-
like manner and shall be in keeping with Federal and State laws
and regulations and any ordinances of the City of Lubbock, and/or
any other governmental entities which may have jurisdiction over
THE RECIPIENT's construction, operation and maintenance of Safety
City.
E. That the Community Vice President of THE LEAGUE will be
permitted to serve as the liaison between THE LEAGUE and THE
RECIPIENT.
IF. That the Project Appraisal Committee of THE LEAGUE be
permitted to appraise the Safety City project according to fiscal
accountability, volunteer accountability and program
accountability. If, in the opinion of the Appraisal Committee,
the project does not comply with any of these methods of
accountability, THE LEAGUE may terminate this contract and
discontinue any further contributions and volunteer personnel
called for herein upon thirty (30) days written notice to THE
RECIPIENT and an opportunity to correct the defect. In the event
'that this agreement should terminate before completion, THE
RECIPIENT agrees to return all unexpended funds contributed by THE
LEAGUE to THE LEAGUE.
G. That at least one (1) member of THE LEAGUE and at least one
(1) representative of THE RECIPIENT shall be members of the
:steering committee referred to in numbered paragraph 1 of this
contract.
3. Volunteer Personnel. For the time period beginning dune 1,
1991, through May 31, 1992, at least two (2) members of THE LEAGUE shall
serve as volunteer personnel at Safety City. Upon a favorable annual
appraisal review of the status of Safety City by THE LEAGUE, THE LEAGUE
may provide at least two (2) volunteer personnel for each of the one (1)
year periods beginning dune 1, 1992, through May 31, 1993, and dune 1,
1993, through May 31, 1994. This obligation for volunteer personnel in
subsequent years is subject to the favorable annual review described
above and the request by at least two (2) members of THE LEAGUE to serve
as volunteer personnel at Safety City during these subsequent periods.
4. Sponsors for Staff Positions. THE LEAGUE herein agrees to
use its best efforts, as defined herein, (but shall not otherwise be
obligated) to procure a sponsor or sponsors to fund one or more staff
positions at Safety City on an ongoing basis once construction of the
facility has been completed. If the above funding is obtained, then in
such event, the City shall employ one or more full-time or part-time
individuals to perform the duties necessary for the operation of Safety
City.
5. Assignment. This contract shall not be assignable, either
in whole or in part, by THE RECIPIENT without the express written
consent; of THE LEAGUE. In the event of an assignment of this contract
by THE RECIPIENT, THE LEAGUE shall have the option of either terminating
or affirming this contract. THE LEAGUE shall give THE RECIPIENT thirty
(30) days written notice of the choice made by THE LEAGUE under this
provision and if THE LEAGUE decides to terminate this contract, it shall
be terminated thirty (30) days after such written notice.
July 11, 1991
Page 483
6. Indemnification. Both parties agree to be responsible for
the actions of their own members, agents and employees and to hold the
other party harmless from any damages, claims or liability of any nature
whatsoever stemming from their own activities undertaken pursuant to
this agreement.
7. operations and Maintenance of Safety City. THE RECIPIENT
shall be solely in control of the operation and maintenance of Safety
City and Safety City shall be owned by and belong to THE RECIPIENT. THE
LEAGUE shall have no ownership interest in or responsibility for any of
Safety City's operations or maintenance.
13. Operations. THE LEAGUE shall have no right to control the
details of the construction, operation and maintenance of Safety City.
The right to control such details of the operations of Safety City shall
at all times remain with THE RECIPIENT.
9. Termination. This agreement shall terminate, at the option
of either party hereto, or if any of the conditions set out herein shall
not be met, upon thirty (30) days written notice to the other party.
Unless this agreement is sooner terminated as authorized herein, this
agreement shall terminate on May 31, 1994.
.10. No Privity of Endeavor. It is specifically agreed that
there shall be no privity of endeavor whatsoever between THE LEAGUE and
THE RECIPIENT and that the sole connection between them is the
contribution of money and volunteer personnel by THE LEAGUE to THE
RECIPIIENT under the restricted conditions herein set forth and that such
contribution and volunteer personnel are to be utilized for the sole
purposes as, set forth herein, and shall in no way be construed as a
continuing basis of financial or volunteer support by THE LEAGUE to THE
RECIPIIENT beyond that which is specifically stated in this agreement.
.11. Entire Agreement. This instrument constitutes the entire
agreement between the parties hereto, and this agreement cannot be
altered, changed, or amended in any respect except by an instrument in
writing duly executed by both parties.
July 11, 1991
Page 484
EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original,
this 11th day of July, 1991.
THE JUNIOR LEAGUE OF LUBBOCK, INC.
By Is/ Dana_Craiq
Dana Craig, President
EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original,
this llfth day of July, 1991.
THE CITY OF LUBBOCK
By js/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:;
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
This Agreement with the Junior League of Lubbock
covers the construction, operations, staffing, and
maintenance of the Safety City and is based on the
criteria that no tax -supported funds will be used
for staffing.
A presentation made to the City Council on November
15, 1990 by City Staff and Junior League
representatives concerning the proposed Safety City
Project included an overview of the project; the
Junior League's interest in funding the project, and
their intent to locate a Lifetime Sponsor to fund
capital improvements and major maintenance.
Key Provisions-
Key provisions of the proposed agreement include:
1. The Junior League will donate
$60,000 to a special project account
for start-up cost, payable in three
payments, during the first year of
the Safety City Project.
2. The Junior League and the City ❑f
Lubbock are to have no
responsibility or obligation for the
remaining costs of start-up
construction or maintenance of the
Safety City Project other than a
pledge of efforts to procure
donations and in -kind contributions
sufficient for the construction of
the project.
July 11, 1991
Page 485
3. The Junior League will commit a
minimum of two members for Safety
City during the first year
contributions are made and upon a
favorable annual appraisal review of
the Safety City Project, the Junior
League may provide at least two
volunteers for the second and third
years of the Project. The
volunteers would be used for
training.
4. The City of Lubbock will own and
control the operation and
maintenance of Safety City.
5. A steering committee composed of
Junior League members, citizens and
City staff members has pledged to
raise donations and contributions
from civic organizations to staff
Safety City. No tax -supported funds
will be used for staffing the Safety
City.
5. The Junior League will have no
ownership interest in, or
responsibility for, any of Safety
City's operations or maintenance of
Safety City.
The Junior League will appear before the L.I.S.D.
School Board to formalize a contractual agreement
reflecting the support for preparing the curriculum
for Safety City, as well as providing the
transportation to bring the children to Safety City.
(The school administration has also proposed
appointing a staff member to oversee the
construction of Safety City project.)
Granite Construction has committed to the Safety
City Steering Committee for the earth grading,
concrete and asphalt paving, and some street
lighting for this project.
No funds have been allocated in the current or
proposed 1991-92 Budget for staffing or ongoing
maintenance of Safety City. Beginning in the 1992-
93 Fiscal Year Staff will become responsible for
maintenance of the grounds and cleaning ❑f the
facilities, and the City will pay $3,000 per year
for associated utility costs.
Staff recommended approval.
Motion was made by Councilwoman 8aker, seconded by
Councilwoman Trejo to authorize Resolution #3559 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
91-50B-.485-425
(33.) Consider an ordinance calling a General Obligation
Bond Election to be held either October 12 or 19
1991.
No action was taken on this item.
July 11, 1991
Page 486
91-50B-486-426
(34.)
ORDINANCE #9465
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,424,975.75 "CITY OF
LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS,
SERIES 1991A" AND $4,999,988.80 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT
AND POWER SYSTEM REVENUE REFUNDING BDNOS, SERIES 1991B11; PRESCRIBING THE
FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF
THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT
AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF
SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT PERTAINING THERETO, THE APPROVAL OF A PAYING AGENT/REGISTRAR
AGREEMENT, THE APPROVAL OF A PURCHASE CONTRACT, THE APPROVAL OF A
SPECIAL. ESCROW AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY
REDEEM ITS OUTSTANDING SERIES 1983 AND SERIES 1984 ELECTRIC LIGHT AND
POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE DATE.
At the June 13, 1991 Work Session, City Council
instructed Staff to proceed with an advanced
refunding of the callable portion ❑f the 1983 and
the 1984 Electric Revenue Bonds.
The mechanics ❑f the refunding procedure eliminate
the bid process and require that the new issue be
negotiated, and the transaction was negotiated and
interest rates established prior to the Council
meeting.
Joe Smith, Financial Advisor with First Southwest
Company, announced the purchase by Prudential
Securities which was negotiated at a net savings of
$907,964.18 or $628,223.93 effective net present
value savings, 6.666%.
Second reading of the Bond Ordinance will be July
12, 1991 at 8:00 a.m.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9465 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
91-508-486-427
(34A.) Consider re nest from Lubbock Lakesite Foundation
Inc. for exhibits.
The primary purpose of the Lubbock Lakesite
Foundation, Inc. is fundraising and and construction
of exhibits which are authentic replicas of the
historic animals evidence of which has been found at
the Lakesite, i.e., the short -faced bear, the
mammoth, the bison, and the giant armadillo.
Ultimately, this will include four exhibits, at
least two of which would be life-size replicas
located outside the Visitor's Center.
July 11, 1991
Page 487
The Foundation has requested that the City of
Lubbock contribute $100,000 and they will solicit
additional funds from the Texas Parks and Wildlife
Department and several private companies to raise
$500,000 to begin the project. The Foundation will
be responsible for the design, selection of the
artist and the foundry, and for overseeing the
project. (The Foundation hopes to have an artist
under contract by October.) Gary Edson and Dr.
Eileen Johnson will serve as technical advisors to
the project to ensure the authenticity.
According to the State Statute, Hotel/Motel Funds
can be used for this purpose and as of September 30,
1991, it is estimated that the Hotel/Motel Capital
Reserve balance will be $179,000 plus $85,500 should
the Rodeo Final Reserve be de -obligated, for a total
of $266,426.
Staff recommended Council approval of an Agreement
with Lubbock Lakesite Foundation, Inc. designation
of $100,000 from the Capital Reserve Fund for this
purpose.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to direct Staff to draw up an
Agreement between the City of Lubbock and Lubbock
Lakesite Foundation, Inc. and additionally, to
designate $100,000 from the Capital Reserve Fund.
Motion carried: 6 Yeas; 0 Nays.
91�-508--487-428
(35.) BID #11430--Creosote wood poles (Central Warehouse
Mid South Wood Preservers, Inc., Logansport, LA--67
ea. 30' creosote treated wood poles, Class 5; 72 ea.
40' creosote treated wood poles, Class 4.
Thomasson Lumber Co., Philadelphia, MS--54 ea. 45'
creosote treated wood poles, Class 3.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize low bids
meeting specifications. Motion carried: 6 Yeas; 0
Nays.
91-50B--487-429
(36.) 6ID #11353--Steel transmission poles (Electric
Distribution).
FL Meyer Industries, Amarillo
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 488
91-50B-488-430
(37.) BID #11420--En-Chapel Hill Paving —East Baylor, and
authorize same (Community Development).
RESOLUTION #3660
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF 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 Williams & Peters
Construction Company for En -Chapel Hill paving - East Baylor, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of July, 1991.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
1111"ill;ikill.3:11I113
s B. C. McMinn
B. C. McMINN, MAYOR
"CHIS AGREEMENT, made and entered into this 29th day of July, 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 Williams & Peters Construction
Company 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 CONTRACTDR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11420 En -Chapel Hill Paving East Baylor (Community Development)
in the amount of $23,543.75.
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.
July 11, 1991
Page 489
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 WETNESS WHEREOF,
this agreement in Lubbock,
first above written.
ATTEST:
s Rangy! Boyd
Secretary
APPROVED AS TO CONTENT:
s Larry LI. Hertel
ATTEST:
the parties to these presents have executed
Lubbock County, Texas in the year and day
CITY OF LUBBOCK, TEXAS (OWNER)
Is/ B.TC. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
tsL-Dean_ Williams
s Betty L.. Williams CONTRACTOR
Secretary
By: Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction Co., Inc.
P.O. Box 5215
Lubbock, Texas 79417
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3660 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
91-50B.-489-431
(38.) BID #11414--Annual,pric,ing for asphalt (Streets)_
Elf Asphalt--30,000 gl. asphalt MS-1, 3% Latex;
150,000 gl. asphalt MS-2, 3% Latex; 10,000 gl.
asphalt RS-2, 3% Latex; 10,000 gl. asphalt MS-1.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50B-,489-432
(39.) BID #11376--Hazardous material vehicle (Central
Garage).
South Plains Intl Trucks, Inc. --Refurbished
beverage type roll -up truck, Spec. 650.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 490
91-50B-490-433
(40.) BID #11421--Perimeter Fence, and authorize same
(Land Application Sites;_
RESOLUTION #3661
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
Contrac:t by and between the City of Lubbock and Texas Builders, Inc.
for a security fence at the Land Application Site, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of July, 1991.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
:IIlp,trail MR3YiI1 1
Is1 B. C. McMinn
B. C. McMINN, MAYOR
THIS AIGREEMENT, made and entered into this 29th day of July, 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 All Texas Builders 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
fol 1 ows :
BID NO. 11421 Perimeter Fence at Land Application Site Project in the
amount of $81,976.99
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.
July 11, 1991
Page 491
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do s❑ shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OW141ER 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„
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s John Hindman
ATTEST:
/s/ Mitchell Britton
Secretary
COMPLETE ADDRESS:
91-50B-•491-434
(41.)
91-50B-.491-435
(42.)
All Texas
Box 3486
Lubbock,
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
/s/ Tony Ratliff
CONTRACTOR
By: Tony Ratliff
T1TLE: President
Builders, Inc.
Texas 79452
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3661 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
Hold. an Executive Session to discuss personnel
matters regarding appointments to:
Community Development Advisory Committee
Lubbock Public Transit Advisory Board
Private Industry Council
Lubbock Citizens Traffic Commission
Keep Lubbock Beautiful Advisory Committee
Board of City Development
Consider one appointment to the Community
Develoument Advisory Committee to fill the unexpired
tenm of Raymond Sosa. His term was due to expire
May 31., 1993.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to appoint Lalo Quirino to replace
Raymond Sosa on the Community Development Advisory
Committee. Motion carried: 6 Yeas; 0 Nays.
July 11, 1991
Page 492
91-50B-492-435
(43.)
91-50B-492-437
(44.)
91-50B-.492-438
(45.)
91-50B-.492-439
(45.)
91-50B-492-440
(47.)
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Joe Tarver and
Lori Wilkerson on the Lubbock Public Transit
Advisory Board. Motion carried: 5 Yeas; 0 Nays.
Luckenbach's term was due to expire June 30, _1992.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to appoint Elroy Carson to
replace Carl Luckenbach and to reappoint Barry
Ballinger, Sam Ellis, Doug Heard, Wendell Holder,
Billie McKinnon, Laurin Prather, Jerrell Snodgrass,
Dr. Virginia Sowell, and Wanda Stewart to the
Private Industry Council. Motion carried: 5 Yeas;
0 Nays.
Consider three appointments to the Lubbock Citizens
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to appoint Paul Scioli to replace
Van Sharpley and to reappoint Harold Chatman and
Alan Hatch to the Lubbock Citizens Traffic
Commission. Motion carried: 5 Yeas; 0 Nays.
Consider two appointments to the Keep Lubbock
Beautiful Advisory Committee to fill the unexpired
terms of Pieter Berastean and Albert Dunn. Their
terms expire April 12, 1992.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to appoint Martha Edwards and Matt
Malouf to replace Pieter Bergstean and Albert Dunn
on the Keep Lubbock Beautiful Advisory Committee.
Motion carried: 5 Yeas; 0 Nays.
Consider one appointment to the Board of City
Development to fill the unexpired term of Paul
Benos. His term was due to expire December 13,
1991.
It was consensus of Council to hold these
appointments until a future Council meeting.
July 11, 1991
Page 493
There being no further business to come before Council, motion was made
by Councilwoman Baker, seconded by Councilman Maloy to adjourn the
meeting at 1:43 p.m. Motion carried: 5 Yeas; a Nays.
e! _
4
6. C. McMin , M or
ATTEST:
4n,e Boyu, City 5ecre ry
Read and approved this 25th day of July, 1991.
C
. C. McMiTin, Mayor
ATTEST:
Ranetde Boyd, City Secretary
CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
JULY 12, 1991
8:00 A.M.
The City Council of the City of Lubbock, Texas met in a special session
on the 12th day of July, 1991 in the City Council Chambers, first floor,
City Hail, 1625 13th Street, Lubbock, Texas at 8:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Maggie Trejo, City
Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Absent: Councilman M. J. Aderton and Councilwoman Joan Baker.
Mayor McMinn called the meeting to order at 8:00 a.m. and announced that
due 'to their anticipated absence from this meeting, Councilman Aderton
and Councilwoman Baker had executed a Waiver of Notice and Consent to
Special Meeting.
( 1.) The Invocation was given by Mayor Pro Tem Patterson.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
91-50B-495-441
{ 3.) ORDINANCE #9455--Authorizing the issuance of City of
Lubbock, Texas Electric _Light_ and Power System
provisions incident and related to the issuance_
thereof.
ORDINANCE #9455
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,424,975.75 "CITY OF
LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS,
SERIES 1991A" AND $4,999,9B8.80 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT
AND POWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1991B11; PRESCRIBING THE
FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF
THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT
AND (RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF
SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT PERTAINING THERETO, THE APPROVAL OF A PAYING AGENT/REGISTRAR
AGREEMENT, THE APPROVAL OF A PURCHASE CONTRACT, THE APPROVAL OF A
SPECIAL ESCROW AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY
REDEEM ITS OUTSTANDING SERIES 1983 AND SERIES 1984 ELECTRIC LIGHT AND
POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to pass on second and final
reading Ordinance #9455. Motion carried: 5 Yeas; 0
Nays.
July 12, 1991
Page 496
There being no further business to come before Council, motion was made
by Councilman Phillips, seconded by Mayor Pro Tem Patterson to adjourn
the meeting at 8:02 a.m. Motion carried: 5 Yeas; B Nays.
e
B. C. McMi n, Mayor
ATTEST„
Ran tte Boyd, City Se retary
Read and approved this 25th day of July, 1991.
C
B. C. McM' n, Mayor
ATTEST„
Rane e Boyd, City Se reta y