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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