HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JULY 25, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 25th day of July, 1991 in the City Council Chambers, first floor,
City Hail, 1625 13th Street, Lubbock, Texas at 10:00 R.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo,
Councilman M. J. Aderton, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Absent: Councilman Gary Phillips.
Mayor McMinn called the meeting to order at 10:00 A.M.
1.} The Invocation was given by City Secretary Ranette
Boyd.
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 Maloy to approve the Minutes of the
July 11, 1991 Regular City Council Meeting and the
July 12, 1991 Special City Council Meeting as
written. Motion carried: 6 Yeas; 0 Nays.
4.) Board Appointments
91-50B-497-442
[ 5.] ConsiderResolution #3662 commending the 4th on
Broadway Celebration Committee for extraordinary
contributions to the Independence Day Celebration
held on -July 4, 1991
RESOLUTION #3662
WHEREAS, the City of Lubbock, Texas, a patriotic City of 186,000
fun -loving citizens, has experienced an Independence Day Celebration
unsurpassed in Lubbock's history, and;
WHEREAS, the 4th on Broadway activities attracted an estimated
70,000 residents of all ages to the core of the City to enjoy food,
music, entertainment and nostalgic rides on trolley cars, and;
WHEREAS, the climax of a memorable day was an exciting blend of
fireworks and music provided by the local talent of the Lubbock Symphony
Orchestra, the Maines Brothers, and Conjunt❑ Internacional, and;
WHEREAS, all of the above activities were direct results of the
extraordinary efforts of a volunteer committee of citizens, comprising
the 4th on Broadway Committee consisting of the following individuals:
Mr.
David R. Langston, Chairman
Mr.
Gary
Schwantz
Ms.
Dena Matthews
Mr.
Mike
Middleton
Dr.
Shaun H. Callison
Mr.
Jacky
Pierce
Mr.
Don Caldwell
Ms.
Marty
Redman
Dr.
David Murrah
Ms.
Julie
McClure
July 25, 1991
Page 498
WHEREAS, the City Council of the City of Lubbock wishes to command
the patriotic spirit, organizational ability and citizenship of the
above named individuals; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTIO14 1. THAT the 4th on Broadway Committee is hereby commended
for their patriotism and extradordinary citizenship as demonstrated in
the planning and implementation of the greatest Independence Day
Celebration in the history ❑f the City of Lubbock.
SECTION 2. THAT the City Council hereby directs that the City
Secretary certify a copy of this Resolution and deliver t❑ each member
of the above named Committee a copy ❑f same and further recognize their
extradordinary contributions t❑ the celebration held July 4, 1991.
SECTION 3. THAT members ❑f the 4th ❑n Broadway Celebration
Committee are encouraged to proceed with vigor t❑ make this an annual
summer event for the enjoyment of this community and the surrounding
area.
Passed by the City Council this 25th day ❑f July, 1991.
/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson t❑ authorize Resolution
#3662 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
The Mayor presented members of the 4th on Broadway
Executive Committee with a Resolution commending
their contributions to the July 4th Celebration.
91-50B-•498-443
[ 6.) A representative of the Lubbock Citizens, Traffic
Commission will appear to present recommendations
regarding changing 10th Street to a two_ -way street_
between Avenues R and S.
A. Consider Ordinance #9466 authorizing
two-way traffic on lath Street
between Avenues R and S.
ORDINANCE #9466
AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON IaTH STREET FROM ITS
INTERSECTION WITH AVENUE S TO ITS INTERSECTION WITH AVENUE R;
PRESCRIBING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND EFFECTIVE
DATE OF THIS ORDINANCE.
Dennis Dillon, representing the Lubbock Citizens
Traffic Commission, presented recommendation to
change 10th Street t❑ two-way between Avenues R and
S.
July 25, 1991
Page 499
91-50B--499-444
( 7.)
According to Staff memo, Carolyn McDougal appeared
before the Citizens Traffic Commission in 1988 and
requested that the City change 10th Street from
one-way to two-way between Avenue Q and Avenue T.
Staff advised that traffic volumes in the area were
within the range that could be handled under two-way
operation but that modifications made to the traffic
signal at the intersection of 10th Street and Avenue
Q at an estimated cost of $10,000 would be
necessary. In addition, the secondary green traffic
signals along Avenue Q would be affected and could
increase congestion during peak traffic periods.
The CTC recommended that loth Street and Main Street
be converted for two-way traffic all the way t❑
Avenue Q. This precipitated several protests of the
change, and resulted in a compromise to convert only
loth Street between Avenue S and Avenue T. This
change was approved by the City Council in June,
1988. The change required installation of a
barricade at the intersection of 10th Street and
Avenue S t❑ divert eastbound 10th Street traffic to
northbound Avenue S, als❑ a ❑ne-way street.
On July 9, 1991, Mrs. McDougal again appeared before
the Citizens' Traffic Commission requesting removal
of the barricade and two-way designation of loth
Street between Avenues Q and S. She stated that
since Avenue S is a one-way northbound, it is
cumbersome for residents of Country pillage
Apartments (where she resides) to access sorthbound
Avenue Q. Staff advised that the request is
practical, but the change could cost as much as
$15,000, and congestion adjacent to the intersection
of loth Street and Avenue Q may increase during peak
traffic periods.
The CTC recommended Council approval to convert 10th
Street to a two-way operation only between Avenue R
and Avenue S. Mrs. McDougal accepted this
compromise with some reservations. Other area
citizen opposed the change between only Avenues R
and S and requested the two-way extension to Avenue
Q as originally requested by Mrs. McDougal.
Staff concern was about the cost of the signal
changes and the possibility of increasing congestion
during peak traffic periods. As a result, the CTC
recommended that 10th Street be converted to two-way
operation only between Avenue R and Avenue S.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to pass on first reading
Ordinance #9466 as recommended by the Citizens
Traffic Commission and City Staff. Motion carried:
6 Yeas; 0 Nays.
tent revival.
July 25, 1991
Page 500
Pete Paez, Pastor of Templo Monte Carmela, appeared
to request a Loudspeaker Permit for a tent revival
to be held from 7:30 p.m. to 10:00 p.m., from July
8, 1991 through August 4, 1991.
Templo Monte Carmela is located on the southwest
corner of East Rice and North Oak. The only other
structures on this block are four houses located
across the alley on East Queens. The petition shows
that three of the four residents approve; the fourth
resident is reported to be out of town for two
weeks. The block immediately east of the church is
vacant except for one house, and this resident
should not be affected. North of this block are
eight houses located in the 1500 block of East Rice.
The petition indicates that all eight of these
residents favor the Loudspeaker Permit.
The church proposes to erect the tent on church
owned property just west of the building and to face
the speakers west.
15 residents of the area approved the loudspeaker
petition, one was opposed, one was out of town,
proponent was unable to locate the remaining three
residents, and one house was vacant. Since the area
is sparsely populated and residents of 15 of the 20
houses located in close proximity were in favor of
the petition, Staff recommended approval.
Unfortunately, the three houses where residents
could not be contacted by the proponent are all just
across the street from the revival site.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to approve issuance of a
Loudspeaker Permit to Pete Paez for July 28 through
August 4, 1991 from 7:30 p.m. until 10:00 p.m. as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
91-50B--500-445
8.) ORDINANCE #9458--Approving Council election
districts.
ORDINANCE #9458
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.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9458 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
July 25, 1991
Page 501
91-50B-501-446
9.) ORDINANCE #9464--Adoptinq_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 $200.00 PER DAY FOR EACH DAY OF NON-COMPLIANCE WITH THE
PROVISIONS THEREOF; DECLARING A PUBLIC NEED OF AN EMERGENCY NATURE FOR
THE ADOPTION HEREOF ON ONE READING; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
91-50B-501-447
(11.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9464 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
RESOLUTION #3663
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Community Development Funding Agreement/Contract for playground
renovations between the City of Lubbock and Early Learning Centers of
Lubbock, Inc., attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 25th day of July, 1991.
/s/ B. C. Mcliinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Raiiette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Sandy Ogletree
Sandy Olgetree, Community Development
Administrator
APPROVED AS TO FORM:
5 Dennis W. McGill
Dennis W. McGill, Trial Attorney
A copy of the Funding Agreement between the City of Lubbock and Early
Learning Centers of Lubbock, Inc., along with a copy of the Terms and
Conditions of the Community Development Block Grant Program are filed
with Resolution #3663.
July 25, 1991
Page 502
91-50B.-502-44$
(12.)
On February 28, 1991, the City Council approved
allocation of $37,500 from the 1991 Community
Development Block Grant for playground renovations
at Early Learning Centers located at Erskine 2714
Erskine and 1301 Vanda. The CDBG allocation of
$37,500 is for 75% of the total project cost of
$50,000. The cost of playground equipment for each
Center is $15,000 and installation for each Center
is $10,000. According to Staff memo, matching funds
will come from Early Learning Centers' Operating
Budget, United Way approved fund raising, and Parent
Committee fund raising.
The Funding Agreement (which includes the project
budget, timetable, and Community Development
Guidelines) was approved by the Early Learning
Centers of Lubbock Board of Directors July 10, 1991.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Aderton to authorize Resolution #3663 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
RESOLUTION #3664
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract for on-line computer services by and between the City of
Lubbock and the Texas Department of Health, Bureau of Vital Statistics,
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 25th day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Doig Goodman
Doug Goodman, Public Health
Administrator
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
July 25, 1991
Page 503
STATE OF TEXAS §
TDH DOCUMENT NUMBER: C5000036-01
COUNTY OF TRAVIS
This CONTRACT and AGREEMENT by and between the Texas Department of
Health, Bureau of Vital Statistics, hereinafter referred to as
PERFORMING AGENCY, acting through its Chief, Bureau of Financial
Services, and the Vital Statistics Lubbock City Health Department
Program, hereinafter referred to as RECEIVING AGENCY, is as follows:
I. SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support
of RECEIVING AGENCY.
RECEIVING AGENCY will search PERFORMING AGENCY data bases, located data,
print data, and issue a Certificate of Birth Facts to individuals
requesting such data. The certificate will be in a format formally
approved by PERFORMING AGENCY. No limit will be established on the
number of searches per month not resulting in issuance of a certificate,
provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment,
communication lines, and purchase "bank note" paper, as specified by the
PERFORMING AGENCY will be responsible for providing the monthly birth
and death data thirty (30) days after receipt of data entry program from
PERFORMING AGENCY. Data will be provided monthly on some magnetic medium
in a file layout agreed to by both parties.
RECEIVING AGENCY acknowledges that data may not be located in the
searching process instituted by RECEIVING AGENCY due to:
A. normal key -entry errors in spellings;
B. accidental failure on the part of the PERFORMING AGENCY to
update a file for an amendment or paternity determination;
and
C. the birth year does not exist on the system (current data on
system is limited to years 1926, 1927, 1928, and 1942-1989).
RECE:VING AGENCY will notify PERFORMING AGENCY in writing, on a monthly
basis, of errors or suspected errors that exist on the data base
information.
RECEIVING AGENCY is to maintain an inventory control and account for
each document produced on "bank note" paper, including voided documents.
RECEIVING AGENCY is responsible for maintaining a system of birth record
keeping that is in accordance with Chapter 193 of the Health and Safety
Code.,
II. TERM
The germ of this contract will begin upon its execution by both parties
and will continue in force and effect until either party gives sixty
(60) days written notice of termination to the other party.
III. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar
and 83/100) for each search resulting in the printing and issuance of a
Certificate of Birth Facts.
A monthly itemized billing showing the number of transactions by date
will be submitted to RECEIVING AGENCY and payment will be made no later
than thirty (30) days following the billing date. Payment will be
considered made on the date postmarked.
July 25, 1991
Page 504
IV. CONFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release
or disclosure of any information obtained hereunder to anyone other than
RECEIVING AGENCY employee(s) or those who have an official need for the
information and are authorized to receive such records. RECEIVING AGENCY
further agrees data obtained and issued, as specified under this
contract, will be used for purposes as herein set out and the use of
this date for other purposes must be agreed to in writing by both
parties.
V. TERMINATION
This contract may be terminated either by mutual agreement of the
parties or by either party upon the giving of sixty (60) days written
notice to the other party. RECEIVING AGENCY agrees to pay PERFORMING
AGENCY for all services completed prior to the effective date of such
termination.
VI. APPLICABLE LAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it
is not ineligible for participation in federal or state assistance
programs under Executive Order 12549, Debarment and Suspension.
RECEIVING AGENCY specifically asserts that it does not owe a single
substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECEIVING AGENCY's status will be
treated as a material breach of this contract and may be grounds for
termination at the option of PERFORMING AGENCY.
VII. ,SEVERABILITY
If any provision of this contract will be construed to be illegal or
invalid, this will not affect the legality or validity of any of the
other provisions hereof. The illegal or invalid provision will be deemed
stricken and deleted herefrom to the same extent and effect as if never
incorporated herein, but all other provisions will continue.
VIII. HOLD HARMLESS
RECEIVING AGENCY, which is not a state agency, assures that it is an
independent contractor and not an agent, servant, or employee of the
state. Except to the extent that Chapter 104 of the Texas Civil Practice
and Remedies Code is applicable to this contract, RECEIVING AGENCY
agrees to hold PERFORMING AGENCY and/or federal government harmless and
to indemnify there from and against any and all claims, demands, and
causes of action of every kind and character which may be asserted by
any third party occurring in any way incident to, arising out of, or in
connection with the performance of services by RECEIVING AGENCY under
this contract to the extent allowed by law, excluding, however,
occurrences arising under subparagraph 1B of this contract.
July 25, 1991
Page 505
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
LUBBOCK CITY HEALTH DEPARTMENT
BY: s B. C. McMinn
B. C. McMinn
Mayor
Date: July 25, 1991
Recommended by:
BY:Ls2 Anthony B. Way, M.D.
APPROVED AS TO FORM:
BY:Ls�' Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
APPROVED AS TO CONTENT:
BY:ZsZ' Doug Goodman
Doug Goodman
Public, Health Administrator
PERFORMING AGENCY
TEXAS DEPARTMENT OF HEALTH
BY:LsZ Roy L. Hogan
Roy L. Hogan, Assistant Deputy
Commissioner for Management
Date: March 27, 1991
VID # 350150150150000
APPROVED AS TO FORM:
BY:/s/ Hal Nelson
Hal Nelson
Office of General Counsel
This Contract will provide on-line computer access
between the City of Lubbock Vital Statistics
Section, and the Texas Department of Health Bureau
of Vital Statistics. The long-term plans of the
Texas Department of Health Bureau of Vital
Statistics include:
1. Hospitals sending birth records to
the Austin Bureau of Vital
Statistics electronically, leading
to elimination of indexing and
storing of birth certificates at the
City of Lubbock Health Department.
2. Death records being sent
electronically to the Bureau of
Vital Statistics by hospitals and/or
funeral homes.
3. Birth and death certificates being
sold by registrars at the local
Health Department using computers
linked to the Austin office.
With the approval of this Contract, the Texas
Department of Health will provide computer software
for access to birth records stored in the State
computer. The Health Department will then be able
to provide a certified birth record regardless of
where in Texas an individual was born.
July 25, 1991
Page 506
91-50B-506-449
(13.)
This Contract is effective once the documents have
been signed by both parties and may be terminated
with 60 days' written notice by either party. The
Texas Department of Health will assess a charge of
$1.83 per certificate printed and 25t per record for
bank note paper, for a total of $2.08 per
certificate. Once the system is operational, the
City Health Department will raise the charge for
birth certificates from $8 to $10 to cover the
printing cost assessment.
The Board of Health recommended Council approval of
this Contract to the City Council.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3664 as
recommended by Staff. motion carried: 6 Yeas; 0
Nays.
RESOLUTION #3665
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
231 THROUGH 256, PHEASANT RUN ADDITION.
WHEREAS, the developer of Lots 231 through 256, Pheasant Run
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 156 of said Chapter 28,
and
WHEREAS, the total utility cost to the developer is $36,958.50
with the improvements constructed by Craft Construction Corporation
having a value of $27,430.11 as determined by the unit prices
established by said Chapter 28, and $9,528.44 cash paid to the City,
including adjacent line costs of $8,432.30, with W. R. Hutson, the
developer to receive a refund of $9,989.34 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
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $9,989.34 be
made in accordance with said Chapter 28.
July 25, 1991
Page 507
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 25th day of July, 1991.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
s J. Worth Fuilingim
J. Worth Fullingim
Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $36,958.50, including construction
costs of $27,430.11 and $9,538.39 cash paid to the
City (including adjacent line costs of $8,432.30).
The developer, W.R. Hutson, will receive a refund of
$9,989.34 in accordance with Chapter 28 of the Code
of the City of Lubbock. There is no refund of
deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3665 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
91-50B-507-450
(14.) Consider Resolution #3666 authorizing acceotance of
water and sewer improvements for Lots I through 29,
Prairie Point East Addition.
RESOLUTION_#3656
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
1 THROUGH 29, PRAIRIE POINT EAST ADDITION.
WHEREAS, the developer of Lots 1 through 29, Prairie Point East
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 156 of said Chapter 28,
and
July 25, 1991
Page 508
WHEREAS, the total utility cost to the developer is $30,172.22
with the improvements constructed by Craft Construction Corporation
having a value ❑f $23,106.26 as determined by the unit prices
established by said Chapter 28, and $7,065.96 cash paid to the City,
including adjacent line costs ❑f $6,280.52, with R. W. Sessums, the
developer to receive a refund of $11,846.39 in accordance with Chapter
28 of the Code of the City ❑f Lubbock and a refund of deposit in the
amount of $00.00; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL DF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $11,846.39
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund ❑f deposit be made in the amount ❑f
$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 25th 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 Willford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
IsZ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $30,172.22 including value of
construction costs of $23,456.26 and $6,715.96 cash
paid t❑ the City (including $6,280.52 for adjacent
line costs). The developer, R.W. Sessums, will
receive a refund of $11,846.39 in accordance with
Chapter 28 of the Code ❑f the City of Lubbock.
There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3666 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
July 25, 1991
Page 509
9I-50B-509-45I
(15.) Consider Resolution #3557 authorizing the Mayor to
execute a Lease Agreement with Ronnie Zahn Pavers,
Inc.
RESOLUTION #3557
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
Asphalt Hot. Mix Plant Land Use Permit Agreement to be entered into by
and between said City (as Landowner) and Ronnie Zahn Paving, Inc. (as
Permittee), 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 25th day of July, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL-Dan A. Hawkins
Dan A. Hawkins, Director of Water
Utilities
APPROVED AS TO FORM:
LsLjohn C. Ross, Jr.
John C. Ross, Jr., City Attorney
ASPHALT HOT MIX PLANT
LAND USE PERMIT AGREEMENT
STATE OF TEAS §
COUNTY OF LUBBOCK §
This instrument is entered into by and between the City of
Lubbock, a home rule municipality located in Lubbock County, Texas
(herein referred to as called "City") and Ronnie Zahn Paving, Inc., a
corporation acting through its duly elected President, Ronnie Zahn
(herein referred to as "Permittee") as of the 25th day of July, 1991,
and said parties hereby contract and agree as follows:
City is the owner of certain land upon which is located an asphalt
hot mix plant which is owned and operated by Permittee. Permittee
desires to continue such operation upon said land (as hereinafter
described by metes and bounds) and City is agreeable to permitting such
operation by Permittee to continue under the terms and conditions as
hereinafter set forth, to -wit:
July 25, 1991
Page 510
I.
The term for this permit shall be for ten (10) years from the
first day of July, 1991 until the last day of June, 2001. The
compensation due to be paid by Permittee to City shall be FIVE HUNDRED
AND NO/100 DOLLARS ($500.00) per month payable on or before the
fifteenth day of each month during the life of this Permit. The first
payment shall be due and payable on or before the fifteenth (15th) day
of July, 1991. if the rent, which is due on the fifteenth (15th) day of
each month during the life of this Permit, is not paid within thirty
(30) days after the fifteenth (15th) of said month, the City may, at its
sole discretion, terminate this Permit upon written notice to Permittee
in the manner set forth in Section VIII hereof. Any waiver or
indulgence granted by City shall not be construed as a waiver or
indulgence in a later transaction hereunder in insisting upon its rights
under this Permit Agreement.
II.
Permittee will conduct all its operations, terming, storage of
chemicals, handling of asphalt, and any other activity necessary to its
hot mix plant operations in such a manner as to comply with all Federal
and State regulations governing health, safety, and environmental and
pollution and contamination control of earth, air, and water of
whatsoever kind or nature, and Permittee shall hold City harmless from
any and all claims, suits, demands, costs, and judgments brought or
obtained against the City arising out of any violations of any such
Federal or State regulations by Permittee.
III.
An asphalt hot mix plant operation use is (except as otherwise
herein provided) the only activity by Permittee permitted by City under
the terms of this Permit. Any other use shall be construed as
unauthorized under the terms of this permit.
IV.
The gate for access to the asphalt hot mix plant area shall be
locked for security reasons at all times when the hot mix plant is not
in active operation.
V.
Permittee shall have access (ingress and egress) to its hot mix
plant over the paved access road to it, which crosses over land owned by
City (hut not involved in the actual permitted hot mix plant area).
VI.
The actual hot mix plant permit area is described by metes and
bounds as follows:
13EGINNING at a point a distance of 550.00 feet East of the
Southeast corner of Lot 83, Yellowhouse Canyon Addition to
the City of Lubbock, Lubbock County, Texas;
THENCE North a distance of 500.00 feet to a point;
THENCE East a distance of 400.00 feet to a point;
THENCE South a distance of 500.00 feet to a point;
THENCE West a distance of 400.00 feet to the POINT OF
BEGINNING.
VII.
Permittee shall not do any dumping of refuse, solid waste, trash,
garbage, and/or debris in the asphalt hot mix plant permit area or the
area adjacent thereto, which is owned by the City.
July 25, 1991
Page 511
YIII.
This Permit Agreement may be terminated by either City or
Permittee by sixty (60) days written notice to the other party served by
ceritifed United States mail, addressed to the City Manager, City of
Lubbock, P. 0. Box 2000, Lubbock, Texas 79457 or to Ronnie Zahn Paving,
Inc., Route 10, Box 820, Lubbock, Texas 79404 or the last known address
of Permittee. Any termination by Permittee of this Agreement shall not
relieve the! Permittee of its obligations under Sections II, IX and X
hereof,.
IX.
As part of the consideration for being permitted to use land owned
by the City, as above set forth, Permittee agrees to level and dress up
the caiiche area to the North of the permit area, and further agrees to
remove surface trash and debris to the South and East of the permit
area, from the area of land in the vicinity owned by the City, all of
this to be done at the expense of Permittee within six (6) months after
the beginning date of the term of this Permit. Said removal and
disposal shall be in accordance with all applicable Federal and State
regulations.
X.
A water well existing in the permit area shall be either properly
completed, to prevent surface water intrusion and other ground water
contamination, in accordance with Texas Department of Health and Texas
Water Commission Standards and regulations within thirty (30) days after
execution of this Permit Agreement or properly capped and made safe
against danger to pedestrians in the vicinity and to prevent ground
water contamination (all at the expense of Permittee).
XI.
This Agreement is not assignable or transferable by Permittee, in
whole or in part, without the written consent of the City Manager of the
City of Lubbock.
XII.
Any improvements and/or personal property owned by Permittee in
the permit area shall be removed as property of the Permittee within
ninety (90) days after the termination or expiration of this Agreement.
If such improvements and/or personal property is not so timely removed,
same shall ipso facto become the property of the City, and if City so
elects„ it may have same removed from the premises at Permittee's
expense.
July 25, 1991
Page 512
XIII.
This Contract is performable in Lubbock County, Texas and said
County shall have venue and jurisdiction to determine all disputes which
may arise under this Agreement.
EXECUTED this the 25th day of July, 1991.
CITY OF: LUBBOCK
BY /sZ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO CONTENT:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Dari A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROV17D AS TO FORM:
s John C. Rosser Jr.
John C., Ross, Jr., City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
RONNIE ZAHN PAVING, INC.
BY: Zs/ Ronnie Zahn
RONNIE ZAHN, PRESIDENT
BEFORE ME, the undersigned authority, a Notary Public in and for
said County and State, on this day personally appeared B. C. McMINN,
Mayor of the City of Lubbock, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the CITY OF LUBBOCK and as
MAYOR, for the purposes and consideration therein expressed and in the
capacity therein stated.
1991.
GIVEN UNDER MY HANO AND SEAL OF OFFICE this 25th day of July,
Is/ Olivia R. Solis
Notary Public in and for
the State of Texas
My Commission Expires: 11/30/93
July 25, 1991
Page 513
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared RONNIE ZAHN,
President of Ronnie Zahn Paving, Inc., a Corporation, known to me to be
the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of said
Corporation, for the purposes and consideration therein expressed and in
the capacity therein stated.
1991.
I3IVENI UNDER MY HAND AND SEAL OF OFFICE this 15th day of July,
Is1 Dani Palmer
Notary Public in and for
the State of Texas
My Commission Expires: 07/12/93
Ronnie Zahn Paving, Incorporated, and predecessor
Commercial Concrete, Incorporated, for the past 10
years have occupied a portion of land located at the
southwest corner of the City Land Application Site.
The initial Lease Agreement for this site was with
Frank Gray. The verbal agreement was for caliche
mining operations and operation of a hot -mix asphalt
plant for $1,000 per month and City records indicate
timely receipt of the payments by the 15th of each
month.
Ronnie Zahn requested the City to reduce the size of
the leased property to a parcel 400' wide by 500'
deep, to be used solely for operation of the hot mix
plant and eliminate the caliche mining; and that the
lease payment be reduced from $1,000 to $500 per
month.
Staff recommended approval of this item.
Motion was made by Councilman Aderton, seconded by
Councilwoman Trejo to authorize Resolution #3667 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
July 25, 1991
Page 514
91-50B-514-452
(16.)
RESOLUTION #3668
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
Cooperative Agreement with the Lubbock Lakeside Foundation, Inc. for a
$100,000.00 contribution by the City to the Foundation toward the
creation of a sculpture exhibit at the Lubbock Lake Landmark. Said
Agreement its attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 25th day of July, 1991.
Zsf B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zsl Ra�n_ette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
s Linda L. Chamales
Linda L. Chamales, Assistant City
Attorney
THE STATE OF TEXAS §
COOPERATIVE AGREEMENT
COUNTY OF ]LUBBOCK §
This Agreement is made and entered into by and between the City of
Lubbock, hereinafter referred to as the "City," and The Lubbock Lakesite
Foundation, a Texas nonprofit corporation, hereinafter referred to as
the "Foundation," all acting herein by and through their duly authorized
officers and officials under the following terms and conditions:
WHEREAS, it is in the best interest of the citizens of the City of
Lubbock; to enhance visitor enjoyment and public awareness of the Lubbock
Lake Landmark; and
WHEREAS, visitor enjoyment, public awareness and educational
processes will be enhanced by the creation of life-size, technically
correct, bronze (or other suitable material) sculptures of four large
animals inhabiting this area at the end of the last Ice Age; and
WHEREAS, the City has heretofore agreed to participate in the
funding required to obtain said sculptures and the Foundation has
heretofore made a funding request, including acceptance of
responsibility for the design, selection of artist or artists, selection
of a foundry, and general overseeing of the project; and
WHEREAS, funding of such projects is authorized by Sections
351.101 and 351.103 of the Tax Code; NOW THEREFORE:
July 25, 1991
Page 515
WITHESSETH:
The parties hereto mutually agree that such financial assistance
shall be provided and accepted upon the following terms and conditions,
to -wit:
1. Contribution. The City shall contribute a total sum of not
more than $100,000.00 to the Foundation to be used in connection with
this project. This sum will be paid in increments to the foundation
upon receipt of invoices for expenditures necessary to complete the
exhibit(s) for which City funds are being expended. Such payments shall
be made within ten (10) days of receipt of an invoice. Payment of such
invoices shall be subject to the contingencies contained herein.
2. Duties of Foundation. The Foundation shall be responsible
for the following matters:
(A) Obtaining sufficient funding to complete that portion of
the project for which City funds are being expended within
three (3) years of the effective date of this Agreement.
(B) Research and development of specifications of the specific
anatomical features that would be used by the artist(s) for
the exhibits.
(C) Selection of the artist(s), including identification of
candidate artists with demonstrated skills in this type of
work, acceptance of models meeting specifications, and
contracting for the art work.
(D) Selection of the foundry and materials to be used for the
sculpture.
(E) Selection of the sites for the sculptures and integration of
the site with the overall master plan of the Texas Parks and
Wildlife Department.
(F) Overseeing installation with coordination between the
artist, the foundry and Texas Parks and Wildlife Department.
(G) Development and printing of promotional brochures on the
project.
3. Indemnification. The parties hereto agree to be responsible
for the actions of their own members, agents or employees and to hold
the other party harmless from any claims, damages or liability of any
nature whatsoever stemming from activities of its members, agents or
employees undertaken pursuant to this Agreement.
4. Termination. This Agreement may be terminated by the City
for violation of the terms of the Agreement. Written notice of each
violation shall be mailed to the Foundation by certified mail. In the
event Foundation fails to correct the listed violations within thirty
(30) days, City may give written notice that the Agreement has been
terminated. Following delivery of the Notice of Termination, City shall
have no further liability for payments to the Foundation.
5. Condition Precedent. No payments shall be made and this
Agreement shall not be effective prior to October 1, 1991.
6. No Privity of Endeavor. It is specifically agreed that
there shall be no privity of endeavor whatsoever between the City and
the Foundation and that the sole connection between them is the
contribution of money and the provision of services under the restricted
conditions stated herein set forth and that such contribution and
services are for the sole purpose set forth herein, and it shall in no
way be construed as a continuing basis for financial support.
July 25, 1991
Page 516
7. Entire Agreement. This instrument constitutes the entire
Agreement between the parties hereto, and this instrument may only be
altered, changed or amended by written agreement of the parties.
EXECUTED in multiple counterparts, each of which is an original,
this 25th day of ►7uly, 1991.
LUBBOCK LAKESITE FOUNDATION:
/s/ Gary Edson
GARY EDSON, PRESIDENT
ATTEST„
s Mo►^ri s E. Wilkes
Morris E. Wilkes, Secretary
CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon
Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
Earlier this month, the City Council approved a
request of the Lubbock Lake Site Foundation for
partial funding of four authentic replicas of the
prehistoric animals discovered at the Lubbock Lake
Site and directed Staff to develop an agreement with
the Foundation.
Staff was directed to prepare an agreement with the
Foundation and the Agreement has been reviewed and
approved by Gary Edson, President of the Foundation,
as well as by their legal counsel. A copy of the
agreement was sent to Senator Montford, Chairman of
the Foundation, on Wednesday, July 17.
The Agreement with the Lubbock Lake Site Foundation
includes the following provisions:
1. The term of the agreement is for
three years.
2. The Foundation will be responsible
for development of the
specifications of the anatomical
features t❑ be used by the artist,
selection of the artist, selection
of the foundry and the materials t❑
be used, selection of the sites for
the sculptures and integration of
those sites with the overall master
plan, with Texas Parks and Wildlife
Commission overseeing the
installation and coordination, and
developing of printing and
promotional brochures.
July 25, 1991
Page 517
3. The City of Lubbock will retain the
$1O0,000 in a designated reserve
account and the Foundation will
provide invoices to the City of
Lubbock as expenses are incurred and
pay these within ten days of
receipt.
4. The Agreement will take effect
October 1, 1991.
5. The Agreement may be terminated by
either party with full cause and
60-day written notice.
6. Both the City of Lubbock and the
Foundation agree to be responsible
for the actions of their own
employees and members and to hold
each other party harmless.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution 13668 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
91-50B-517-453
(17.) Consider a Minute Order recommendingprofessional
services for Omnimax Theatre.
On February 28, 1991, the City Council entered into
an Agreement with the Science Spectrum to construct
and operate an Omnimax Theatre.
Provisions in the Contract call for the City Council
to approve the architects, engineers, and other
consultants on the project as well as the
construction bids. There are requirements for
taking bids for the construction but no requirements
for taking proposals for professional services.
The Science Spectrum is requesting approval of their
recommendation for the following firms to provide
project professional services.
Michael Peters, Design Architect
Roberts and Thoma, Structural Engineers
Fanning, Fanning and Associates, Mechanical and
Electrical Engineers
Joe McKay, Architect
The fee for these services will be a maximum of 7%
of the construction cost, estimated at $4,O00,000;
equipment cost is estimated at $1,O00,000. One
percent of the 7% will be optional for special
consulting for the unique features of the Theatre
and projection equipment. This provision is on an
as -needed basis up to 1%; however, the total
professional services cost of the project will not
exceed 7%.
July 25, 1991
Page 518
Staff reviewed this Agreement and except for the
optional 1%, it is consistent with the City's policy
on professional services. Staff advised that due to
the specialized nature of the Theatre and its
projection equipment, it is reasonable to expect
that specialized assistance will be needed. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to approve Staff
recommendations regarding the Omnimax Theatre.
Motion carried: 6 Yeas; 0 Nays.
91-50B-51.8-454
(18.} Consider Resolution #3669 adopting the Plan for a
5 ecial Sales Tax Election to reduce proRerty
taxes and to agprove the Economic Development Sales
Tax Plan.
RESOLUTION #3669
A RESOLUTION DIRECTING THE CITY STAFF TO UNDERTAKE ALL NECESSARY
STEPS 'TO PREPARE FOR AN ELECTION TO BE HELD ON JANUARY 18, 1992, WHICH
ELECTION SHALL SUBMIT TO THE VOTERS A PROPOSITION TO INCREASE THE CITY
SALES TAX BY ONE -EIGHTH (1/8) CENT DEDICATED TO PROPERTY TAX REDUCTION;
A PROPOSITION TO INCREASE THE CITY SALES TAX BY THREE -EIGHTH (3/8) CENT
DEDICATED TO ECONOMIC DEVELOPMENT; A PROPOSITION TO AMEND THE CITY
CHARTER BY REPEALING CHAPTER 3, ARTICLE 1 OF SAID CHARTER, WHICH ARTICLE
ESTABLISHES THE BOARD OF CITY DEVELOPMENT; AND ADOPTING AN ECONOMIC
DEVELOPMENT PLAN, AS PROPOSED BY THE MAYOR AS A GUIDELINE FOR
EXPENDITURE OF SALES TAX REVENUES FOR ECONOMIC DEVELOPMENT AND PROVIDING
FOR PROPERTY TAX RELIEF.
WHEREAS, during City Council work session held on July 11, 1991,
the Mayor initiated discussion concerning the future economic
development and growth of the City of Lubbock; and
WHEREAS, the Mayor recognized Mr. Joe Newman, a local government
specialist employed by the Office of the Texas State Comptroller; and
WHEREAS, Mr. Joe Newman made a presentation to the City Council
outlining the benefits to be derived to a city by having a local
economic development corporation created in accordance with Art. 5190.6,
Section 4A and implementing a sales tax for the support of such
corporation; and
WHEREAS, the Mayor indicated to the City Council that if the
voters are requested to approve any additional sales tax as provided by
the above referenced statute, that it is incumbent upon the City to have
a detailed plan in place outlining the use of such funds for economic
development; and
WHEREAS, the Mayor did outline a comprehensive plan to the City
Council for the use of additional sales tax as authorized by the above
statute together with specific provisions to reduce property taxes and
to repeal Chapter 3, Article 1 of the Charter of the City of Lubbock,
which Chapter establishes the Board of City Development; and
WHEREAS, the Mayor emphasized that in order for Lubbock to grow,
to provide new jobs, to bolster the economy and to compete with other
Texas cities in the field of economic development, it was necessary to
consider new approaches to the City's economic development activities;
and
WHEREAS, the Mayor indicated to the City Council that the citizens
of the City of Lubbock were looking to the City Council for leadership
on this important issue; and
July 25, 1991
Page 519
WHEREAS, the Mayor stressed that such leadership required a
unified action by the City Council in adopting new approaches to local
economic development; and
WHEREAS, the Mayor asked for the support of the City Council for
his plan to expand local economic development; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the City staff take all necessary steps t❑
prepare for an election on January 18, 1992 with the following
proposition to be placed on the ballot for voter's consideration in
accordance with the Texas Election Code:
a) whether to increase the city sales tax by one -eighth (1/B)
cent with a mandatory reduction in property tax rate by four
cents per 100 assessed valuation;
b) whether t❑ increase the city sales tax by three -eighth (3/8)
cent with proceeds dedicated to economic development and an
associated reduction in the property tax of three cents per
100 assessed evaluation if this proposition gains citizen
approval (this is the amount currently being spent on
economic development); and
c) whether t❑ amend the City Charter to delete Chapter 3,
Article 1, specifically the Article creating the Board of
City Development, which has been in the City Charter since
1925.
`.SECTION 2. That the City Council hereby adopt the Mayor's plan
for economic development under the provisions of Art. 5190.6, Section
4A, v.T.C.S., which plan is as follows:
a) date for the Sales Tax Election - it is recommended that
City Council call the sales tax election for Saturday,
January 18, 1992. At the present time, it appears that the
January date is the best choice because there will be a
number ❑f constitutional amendments for Tuesday, November 5
and it has been Council's wishes to hold this election on a
date clear ❑f other issues. Based on the best available
information t❑ us at this time, the January date is open.
If the citizens approve, the tax on January 18, then
merchants would begin the new rate on July 1, 1992 and the
city would begin receiving money on September 10, 1992.
b) Amount of Sales Tax - It is recommended that Council call a
sales tax election for one -eighth (1/8) cent, which would be
dedicated to reduction in the current ad valorem rate.
One -eighth (1/8) cent would yield approximately $2 million
annually, which could be used to reduce the current ad
valorem rate by a minimum ❑f four cents. In addition, it is
recommended that the citizens be asked to approve
three -eighth (3/8) cent sales tax to be used for economic
development. This three -eighth (3/8) cent will yield
approximately $6 million annually.
July 25, 1991
Page 520
This overall plan calls for a reduction in the ad valorem
property tax rate of seven (7) cents. Under this plan,
voters can be assured of a four cent reduction in the ad
valorem rate, if the one -eighth (1/8) cent for property tax
reduction is approved and the City Council will be able to
reduce the ad valorem rate by an additional three (3) cents,
which is currently being used to fund economic development
programs in the City of Lubbock, if the voters approve the
three -eighth (3/8) cent for economic development purposes.
The total impact of implementing a one -eighth (1/8) cent
sales tax for property tax reduction and a three -eighth
(3/8) cent sales tax for economic development will be $6
million available to Lubbock for economic development and a
seven cent reduction in property taxes for Lubbock citizens.
c) The following are the recommended uses for the three -eighth
(3/8) cent economic development sales tax:
1. Target Relocation Ex ansion of State and Federal
Facilities - Lubbock has an opportunity to attract
additional regional and statewide governmental
facilities which offer growth and economic stability
for our community. Specifically, the plan allocates
$425,000 for attraction of large state facility for FY
1991-92 with an anticipated employment of 600 - 850.
Annual estimated cost of incentives: $425,000.
2. Establish a Technical Training „Program - It is
recommended that Lubbock establish a technical
training program to convey to existing and targeted
industries that Lubbock can provide a highly skilled
and productive labor force. Many groups in Lubbock
have urged Council to make technical training the top
priority if the sales tax election is successful.
When fully implemented, this important Council goal
can satisfy an urgent community need to strengthen and
expand the skills of Lubbock's labor force by
providing much needed financial support for technical
training. Council may desire to provide a long-term
commitment to South Plains College to carry out the
technical training programs.
Estimated annual cost: $800,000 to $900,000
3. Financial Incentives to Attract New Industry and Make
Lubbock Competitive - It is recommended that Lubbock
establish a variety of economic development incentives
and financing options which meet or exceed those
offered by our competitor cities. Well -planned and
properly managed financing programs must be put into
place for our community to remain competitive and
create new jobs. The plan includes:
A program for acquisition of land, buildings and
equipment for industrial projects.
$350,000 estimated annual investment
A small business revolving loan program, a basic
financing plan to encourage start-up of small
and minority owned businesses.
Estimated annual investment $300,000
A venture capital financing program
Estimated annual investment $300,000
July 25, 1991
Page 521
A capital financing program to assist
established local businesses expand and add new
employees.
Estimated annual investment $500,000
A loan guarantee program and payment of loan
points to encourage and stimulate growth.
Estimated annual investment $500,000
An aggressive industrial recruitment program.
Estimated annual cost $125,000
Estimated annual cost of economic development
financing incentive packages is $2.075 million
d) Marketing Lubbock's Strengths - The plan includes a
strong program to strengthen Lubbock's marketing and
improve Lubbock's image, thus enhancing our job
creation capabilities.
Estimated annual cost: $400,000
ej Industrial/Research Park Development - Our City needs
to evaluate the need and feasibility of a research
industrial park. It is recommended that we build this
industrial park if it is shown to be feasible.
Estimated cost: $450,000 annual debt service to
construct research park
f) Creation of Opportunity Fund - This plan includes
establishing reserve incentive funds for future
industrial projects that retain existing businesses or
create new jobs in our community. These funds to be
used for public improvements and infrastructure
incidental to industrial project development.
Estimated annual cost: $1 million to $1.4 million
annually
g) Operation Plan - It is proposed that a 10% cap on
costs for implementing and monitoring the
corporation's economic development activities which
include small business development, business retention
and expansion, technical training, acquisition of
land, buildings and equipments for industrial
projects, venture capital financing, business and
industrial recruitment, capital financing, research
park development and setting up reserves and managing
reserve funds for future opportunities.
Annual cost: $450,000 to $500,000
July 25, 1991
Page 523
91-50B-523-+55
(19.)
Motion was made by Councilwoman Baker, seconded by
Councilman Malay to authorize Resolution #3669 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
ORDINANCE #9467
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 20 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CHARITABLE
SOLICITATIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
According to Staff memo, the Charity Committee of
the Better Business Bureau has expressed concern
over current trends in charitable solicitations
campaign methods, and recently asked Staff to review
the current ordinance in an attempt to update it.
This review has been completed. Recommended changes
are as follows:
1. Change the term "permit" to
"registration".
The Ordinance currently refers to issuance
of a "permit", a term which implies to the
general public and to the permittee,
approval of and authority for charitable
campaign formats, tactics, activities,
personnel, etc., regardless of what that
might entail. Even though Staff is
required to accept and process a completed
application, this does not mean that the
City condones or supports any portion of
the campaign. The term "registration"
will be more descriptive of the process.
Staff can legally require individuals/
organizations to complete the application
process and may not reject an application
except for the following reasons:
A. If the applicant or person in
charge has been convicted of
violating the terms of the
ordinance.
B. If the applicant has not
completed the application
process.
C. If the campaign, as described
in the application to the
director, does not comply with
applicable state and federal
laws and city ordinances.
July 25, 1991
Page 524
2. Add a provision to authorize
issuance of a temporary permit.
Current practice is to administratively
issue a temporary permit in instances
where completion of the application
process will take longer than usual, and
there is a need to begin the campaign.
This change will specifically provide for
issuance of a temporary registration which
will be in effect for 30 days.
Due to lack of knowledge of the ordinance
requirements, solicitations often begin
without a permit, and Staff has found that
in order to respond reasonably and in
certain circumstances it is necessary to
issue a temporary permit. Staff
recommended that this be specifically
provided for in the ordinance.
3. Deletion of references to denial of
a permit based on past convictions
and fraudulent statements of
applicant.
Because of a decision by the 5th Circuit
Court of Appeals, a charitable
solicitation application may not be
rejected based on the fact that a person
has been convicted of a crime in the past,
or based on the fact that a person is
presently or has in the past engaged in a
fraudulent transaction or enterprise.
Deletion of the current provision setting
forth rejection of an application based on
criminal conviction, will reflect the
court ruling.
These are non -substantive, housekeeping changes and
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9467 as recommended by Staff. Motion
carried: 5 Yeas; D Nays.
91-50B-524-455
(21.) BID #11425--Meter boxes_(Central__Warehouse)_.
Morrison Supply Co.--660 ea. Plastic meter box.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
July 25, 1991
Page 525
91-50B-525-457
(22.) BID #11424--Annual pricing for gloves (Central
Warehouse).
Service Distributors, Hale Center-400 pr. Pigskin
leather palm glove; 1,800 pr. Jersey cotton glove;
2,300 pr. Deerskin leather glove; 240 pr. Acid proof
rubber glove; 288 pr. Utility rubber glove.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50-525458
(23.) BID #11379--Bottom dump hopper trailer (Central
Garage).
Trailer Marketing --Spec. 957.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50B-525-459
(24.) BID #11432--15' rotary mower (Central Garage).
Jacobsen Turf & Commercial, Carrollton --I ea. Rotary
mower, 15', Spec. 1038.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50B-525-460
(25.) BID #11406--Floor scrubber (Central Garage).
Tennant Company, Norcross, GA --I ea. Floor scrubber,
Spec. 798.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50B-525-461
(26.) BID #11460--Microfilm processor (Microfilm
Department].
Micro Images--1 ea. Kodak Prostari Microfilm
Processor.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
91-50B-525-462
(27.) BID #11423--Annual pricing for chlorine (Central
Warehouse).
Big Three Industries--97 ea. Chlorine liquid 150 lb.
cylinder.
DPC Industries, Inc., Sweetwater--190 ea. HTH
Chemical Calcium Hypochlorite, 100 lb. containers.
Mayfield Paper Co.--45 cs. Chlorine shock treatment.
July 25, 1991
Page 526
91-50B-526-463
(10.)
Motion was made by Councilman Aderton, seconded by
Councilman Maloy t❑ authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9468
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
NO. 2674; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO CHURCH
RELATED USES AND A DAY CARE ON LOTS 17 & 19 THROUGH 22, BLOCK 3, COLLEGE
PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
No one appeared either for or against this request
for zone change.
Mayor McMinn closed the hearing at 10:33 a.m.
David .tones, Director of Planning, stated that the
existing church is legal non -conforming. The day
care group, Christian Preschool Centers, Inc.,
wishes to contract with the 25th Street Baptist
Church to operate a day care in the church building.
Staff requested the church to submit a zone case to
update the zoning and to provide the day care as a
"Permitted use".
Mr. Jones gave the adjacent land use relationships
as follows:
North - residential
South - residential
East - residential
West - residential and University Avenue
According to Staff memo, the Comprehensive Land Use
Plan recommends that churches be located on the
perimeter of neighborhoods adjacent to
thoroughfares, and this location meets that
definition. The parking lot is adequate and traffic
in the neighborhood should be negligible as most
parents will use University.
Staff recommended that the Planning and Zoning
Commission be upheld.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo t❑ pass on first reading
Ordinance #9468 as recommended by P&Z and City
Staff. Motion carried: 6 Yeas; 0 Nays.
91-508-526-464
(20.)
July 25, 1991
Page 527
91-508-527-465
(28.) Hold an Executive Session to discuss personnel
matters regarding duties, responsibilities and/or
aonointments to:
Canadian River Municipal Water Authority
Electric Utility Board
Community Development Advisory Committee
91-50B.-527-466
(29.) Consider one appointment to the Canadian —River
Municipal Water Authority. The term of Warlick Carr
expired July 31, 1991.
Motion was made by Councilman Maloy, seconded by
Councilman Aderton to reappoint Warlick Carr to the
Canadian River Municipal Water Authority. Motion
carried: 6 Yeas; Q Nays.
91-50Q,-527-467
(30.) Consider one agpnintment_to_the Electric Utility
Board. The term of Floyd Greer expired June 30,
1991.
Motion was made by Councilman Maloy, seconded by
Councilman Aderton to reappoint Floyd Greer to the
Electric Utility Board. Motion carried: 6 Yeas; 0
Nays,
91-50B-527-468
(31.) Consider one appointment to the Community
Development Advisory Committee. Lalo Quirino
declined his appointment. His term was due to
expire on May 31, 1993.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to appoint Jose Davila to the
Community Development Advisory Committee. Motion
carried: 6 Yeas; Q Nays.
July 25, 1991
Page 528
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to adjourn
the meeting at 11:03 a.m. Motion carried: 6 Yeas; 0 Nays.
B. C. McKinYi, ayor
ATTEST,:
Rane to Boyd, City Secr4tary
Read and approved this 8th day of August, 1991.
B. C. McMinn; Mayor
ATTEST:
Ranette Boyd, City Secre r