HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/1992CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
APRIL 10, 1992
8:15 A.M.
The City Council of the City of Lubbock, Texas met in special session on
the 10th day of April, 1992 in the City Council Chambers, first floor,
City Halll, 1625 13th Street, Lubbock, Texas at 8:15 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T.J. Patterson, Councilman
Bill Malay, 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.
Mayor McMinn called the meeting to order at 8:15 A.M.
1.� The Invocation was given by Mayor Pro Tem T.J.
Patterson.
i 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
92-51A-303-216
( 3.)
ORDINANCE #9514
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992"; SPECIFYING THE TERMS
AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID
BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR
AGREEMENT, A PURCHASE CONTRACT, AND A SPECIAL ESCROW AGREEMENT, CALLING
CERTAIN BONDS FOR REDEMPTION AND AUTHORIZING A NOTICE OF REDEMPTION, AND
THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to pass on second and final
reading Ordinance #9516 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
April 10, 1992
Page 304
There being no further business to come before Council, motion was made
by Mayor Pr❑ Tem Patterson, seconded by Councilwoman Trejo to adjourn
the meeting at 8:16 a.m. Motion carried: 6 Yeas; 0 Mays.
Isl B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 23rd day ❑f April, 1992.
/s/ B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 23, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session ❑n
the 23rd day of April, 1992 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pr❑ 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.
Mayor McMinn called the meeting t❑ ❑rder at 10:00 A.M.
{ 1.} The Invocation was given by Rita P. Harmon,
Assistant City Manager for Public Safety & Services.
{ 2.} The Pledge ❑f Allegiance was given in unison by
those in the Council Chambers.
[ 3.) Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to approve the Minutes ❑f
the April 9, 1992 Regular City Council meeting and
the April 10, 1992 Special City Council meeting as
written. Motion carried: 6 Yeas; 0 Nays.
92-51A-307-217
{ 4.} Board Appointments
92-51A-307-2I8
( 5.)
92-51A-307-219
( 6.)
This item was deleted.
Amy Lerner appeared on behalf of the Wesley
Foundation, 2420 15th Street, to request a
Loudspeaker Permit for a block party and street
dance to be held Friday, April 24 from 9:00 p.m.
until 1:00 a.m.
The Wesley Foundation has held this street dance
twice a year for several years without problems ❑r
complaints. Fifteenth Street is blocked off only in
front of their building and ❑ther residents and
businesses have access. In view of this
organization's past record, Staff recommended
approval.
April 23, 1992
Page 308
92-51A-308-220
( 7.)
92-51A-308-221
( 8.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to approve the request of the
Wesley Foundation for a Loudspeaker Permit for April
24, 1992 from 9:00 p.m. until 1:00 a.m. Motion
carried: 6 Yeas; 0 Nays.
A representative of the Park and Recreation Board
will appear to present recommendations for the names
of Kingsgate and Carlisle Park.
(a) Consider a Resolution selecting a
name for Kingsgate Park.
(b) Consider a Resolution selecting_a
name for Carlisle Park.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to hold this item. Motion
carried: 6 Yeas; 0 Hays.
ORDINANCE #9515--Abandoning and closing a
Transformer Pad Easement located in Lot 6-A, Block
29, Rushland Park Addition (4618 5th).
ORDINANCE #9515
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT IN
RUSHLAND PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS
MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This Ordinance was passed on first reading on April
9, 1992. A new easement has been received which
replaces the ❑ne being closed. Staff recommended
approval on second reading.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trej❑ to pass on second and final
reading Ordinance #9515 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
April 23, 1992
Page 309
92-51A-309-222
(11.) Consider Resolution #3864 authorizing the Right-Of-
1, Hillcrest Addition (4403 34th).
RESOLUTION #3864
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the operation, improvement, expansion, extension,
construction, reconstruction, repair and maintenance of underground
electrical transmission and distribution lines, and necessary apparatus
and appliances in connection therewith necessary to the proper operation
of the public electrical utility system owned and operated by the City
of Lubbock, 'Texas, all of which requires the acquisition of title by
said City to an easement for such public purposes and municipal purposes
together with the rights of ingress, egress and regress in said City to
accomplish such purposes; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTIOIN 1. THAT title to an underground electric power line
easement: in, upon, over, along and across the hereinafter described real
estate located in the City of Lubbock, Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
The East Five (5) feet of Lot 2, Block 1, Hillcrest Addition
to the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of the above described tracts of land
being DALE EPPLER and wife, DORIS EPPLER, and leaseholder, GALARDI
GROUP, INC., BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $1,630.71, which is the amount appraised as the
value and total damages for the acquisition of title to said easement
for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said
City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire title to said
easement, for public purposes and municipal purposes.
Passed by the City Council this 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rane�tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed E',ucy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
April 23, 1992
Page 310
92-51A-310-223
(12.)
Lubbock Power and Light (LP&L) contacted the
Right -Of -way Department previously about obtaining a
5' Underground Utility Easement to run from the
alley south of 34th Street and west of Utica Avenue
northward across private property to serve Coronado
High School. They requested that this Easement be
obtained from the west 5' of Lot 1, Block 1,
Hillcrest Addition or the east 5' of Lot 2, Block 1,
Hillcrest Addition. Through his realtor, Staff
first contacted the property owner of Lot 1, who
lives in California and a $5,000 Easement was given
to the City.
Staff then contacted Galardi Group, Inc., the Lessee
of Lot 2, which is Galardi Group, Inc. The fee
simple owners are Dale and Doris Eppler of
California. Staff made a tentative offer of $700
which was countered with $3,639.47, the amount
needed to pay delinquent taxes on the property.
Staff countered at $1,630.71 which would cover some
of the penalty and interest of taxes due. This
Easement was appraised at $1,572 based on the
Appraisal District's valuation of $3.32 per square
foot at 75% of fee simple ownership (5' x 126.25' =
631.25 square feet; 631.25 square feet x $3.32 =
$2,095.75 x 75% = $1,572). This property is
commercially zoned and is a Weinerschnitzel
Drive -In.
The owners agreed to the City's offer of $1,630.71,
only $58.71 more than the appraisal amount of the
Easement. It is also inexpensive as compared to
property to the east priced at $5,000. Staff
recommended a $1,630.71 offer to the Epplers and
Galardi Group for this Easement.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3864 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
This is a routine sale of property by the Urban
Renewal Agency to R. Weldon Sessums for $300. This
property is to be redeveloped as a single-family
residence and is properly zoned. This proposed sale
was submitted according to the Marketing Plan for
the Guadalupe Area adopted by the Urban Renewal
Board of Commissioners on October 17, 1989.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to accept the price and
conditions of sale of Parcel Number 33500-15-130 at
122 Avenue K in the Guadalupe Urban Renewal Area.
April 23, 1992
Page 311
92-5IA-311-224
(13.) Consider Ordinance #9515 repealing Section 16-128 of
the Code of Ordinances with regard to one-way
streets.
ORDINANCE #9516
AN ORDINANCE REPEALING SECTION 15-I28 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ONE-WAY STREETS; AND
REPEALING SUCH OTHER ORDINANCES NAMING ONE-WAY STREETS AS MAY BE OF
RECORD; PROVIDING THAT ONE-WAY STREETS SHALL BE DESIGNATED HEREAFTER BY
ADMINISTRATIVE ORDER OF THE CITY MANAGER; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
A recent citizen request to change a portion of a
one-way street brought to light the fact that the
City has been inconsistent in the manner in which
one-way streets have been established. Some one-way
streets have been established by ordinance and
published in the Code of Ordinances, while other
one-way streets established by ordinance are not
published in the Code. In addition, Section 15-4 of
the Code authorizes one-way streets to be
established by Administrative Order. As a result,
there is no comprehensive list of one-way streets.
Therefore, in order to simplify record keeping, the
Legal Department, the City Secretary, and the
Traffic Engineering Department recommended that
Section 15-I28 of the Code and all other ordinances
designating one-way streets be repealed, and that
all one-way streets be established by Administrative
Order as provided in Section 16-4. The
Administrative Orders for all existing one-way
streets have been Written and approved. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to pass on first reading
Ordinance #9515 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
92-51A-311-225
(14.) Consider Ordinance #9517 authorizing a new traffic
signal at the intersection of the east leg of 74th
Street and University Avenue.
ORDINANCE #9517
AN I ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT INTERSECTION OF
EAST LEG OF 74TH STREET AND UNIVERSITY AVENUE; AND PROVIDING FOR
PUBLICATION.
At their April 9, 1992 Council meeting, the City
Council authorized the Mayor to sign the cover sheet
of plans prepared by the Texas Department of
Transportation to construct a traffic signal on
University Avenue at the east leg of 74th Street
(between Midnight Rodeo and the Sundance Car Wash).
The State is in the process of bidding this project
and plans on construction sometime this Summer;
therefore, it is necessary to authorize the
installation of a traffic signal at this location.
The City is paying 10% of the construction cost and
will operate and maintain the signal after
construction is complete. Staff recommended
approval.
April 23, 1992
Page 312
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9517 as recommended by Staff. Motion
carried: 6 Yeas; 0 bays.
92-51A-312-226
(15.) Consider Resolution #3865 authorizing the Mayor to
acc.gpt the Airport Master Plan for.gublication.
RESOLUTION #3865
WHEREAS, on March 25, 1992, the Airport Board of the City of
Lubbock, Texas, voted to accept and to recommend that the Lubbock City
Council accept a Master Plan Update for the Lubbock International
Airport; and
WHEREAS, the City Council has determined that acceptance of the
Master Flan Update would be in the best interest of the citizens of this
City; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Master Plan Update for the Lubbock International Airport,
as presented to the City Council, is hereby accepted, and the Director
of Aviation for the City of Lubbock is hereby authorized and directed to
submit the Master Plan Update hereby accepted to the Federal Aviation
Administration for approval.
Passed by the City Council this 23rd day of April, 1992.
IsZ_B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED, AS 'TO CONTENT:
/sJ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
The Lubbock International Airport Master Plan was
reviewed by a 15-member Citizens Advisory Committee
composed of representatives from the airlines (ATA),
Fixed Base Operators, the FAA, Chamber of Commerce,
Reese Air Force Base, Airport Advisory Board, City
Planning Department, Lubbock County, City Business
Liaison Office, South Plains Association of
Governments, Texas Department of Transportation, and
the Department of Aviation staff.
The process included inventory of the current
airport facilities; forecasting future airport use
by using standard forecasting procedures; projection
of future demand/capability requirements; and
projected future development alternatives in an
effort to come up with the best plans for LIA.
April 23, 1992
Page 313
92-51A-313-227
(16.)
In addition, an environmental evaluation and
coordination with all ❑f those affected with
environmental regulatory authority was done. The
airport layout plans with alternatives and
contingency for the planning period was updated; the
financial and developmental program was formulated
using Federal Funding, Passenger Facility Charges,
and private sources.
The Airport Advisory Board approved and recommended
the Master Plan in their March 25, 1992 meeting, and
after approval by the City Council, the Plan will be
forwarded t❑ FAA. The Plan will make LIA eligible
for FAA funding for capital improvements to the
Airport. Staff recommended approval of the proposed
Master Plan.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson t❑ authorize Resolution
#3865 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
RESOLUTION #3866
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: with Parkhill, Smith & Cooper for professional engineering
services_; for the design, preparation of specifications, bid documents,
and supervision of improvements at Lubbock International Airport,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of April, 1992.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City Attorney
The Contract between the City of Lubbock and Parkhill Smith and Cooper,
Inc. is filed with Resolution No. 3866.
April 23, 1992
Page 314
In their April 9, 1992 work session, the City
Council charged the Selection Committee with
dividing the proposed Airport Capital Projects work
under consideration between the firms of Parkhill,
Smith and Cooper and 011er Engineering, Inc.
To make an equitable division, additional projects
listed for 1994 were also divided although not
included in specific fees set forth in this
Contract.
The projects were divided as follows:
PS&C
ARFF Training Area $ 829,900
Runway Shoulders Paving 7,336,900
Taxiway Signs 200,000
Air Cargo Apron & Taxiway 3,469,400
Air Cargo Hangar 1,005,500
Air Cargo Auto Parking 387,500
Total $13,229,200
OEI
Emergency Access Roads $ 3,245,300
Terminal Apron Access Road 276,700
Total
$ 3,522,000
1994 projects if funded within acceptable timeframe
for the City and the FAA:
PS&C
Strengthen Taxiway H
Construct New Taxiway H-1
Install Lights & Signs H-1
Enlarge Taxiway F
Aircraft Deicing Area
Resurface Runway 17L/35R
The term of the Contract is three years with
projects begun in the three-year period may be
completed beyond the three-year term. These
projects are to be funded 90% by FAA Airport
Improvement Plan and Discretionary Funds; 10% local
share from Passenger Facility Charge (PFC) Funds.
Initially, the local share will come from City
funds, and be repaid from PFC funds of about $1.7
million a year, beginning near the end of this year.
The estimated Contract amount with PSC for 1992-1993
projects is $714,705.
Fees for 1994 projects will be negotiated later.
The firm will be used during the construction phase
to inspect and supervise the project, and no project
will begin without written notice from the
Department of Aviation.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Aderton to authorize Resolution #3866 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
April 23, 1992
Page 315
92-51A-315-228
(17.) Consider Resolution #3857 authorizing the Mayor to
execute a Contract with 011er Engineering
Incorporated for engineering design services at
Lubbock International Airport.
RESOLUTION #3857
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 with 011er Engineering, Inc. for professional engineering
services for the design, preparation of specifications, bid documents,
and supervision of improvements at Lubbock International Airport,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Berri E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City Attorney
The Contract between the City of Lubbock and 011er Engineering is filed,
with Resolution No. 3857.
The term of the Contract is for three years, and
projects begun in the three-year period may be
completed beyond the three-year term. These
projects are to be funded 90% by FAA Airport
Improvement Plan and Discretionary Funds; and the
10% local share is intended to come from Passenger
Facility Charge (PFC) Funds, as explained in Item
#15 above.
The estimated Contract amount with 011er for
1992-1993 projects is $213,571.
Fees for 1994 projects will be negotiated later.
The firm will be used during the construction phase
to inspect and supervise the project, and no project
will begin without written notice from the
Department of Aviation.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3857 as recommended by Staff. Motion carried: 5
Yeas; 1 Nay --Councilwoman Baker.
April 23, 1992
Page 316
92-51A-316-229
( 9•)
OROINANCE #9518
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2685; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOUSE/GARDEN
HOME ON A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS;
PROVIDIN13 A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
No one appeared either for or against this request.
Mayor McMinn closed the hearing at 10:33 a.m.
David Jones, Director of Planning, stated that the
Planning and Zoning Commission considered a request
for rezoning from R-1 to R-1 Specific Use for Garden
Homes. Other than the short description by the
proponent, there was no public discussion.
Mr. Jones gave the adjacent land use relationships
as follows:
North - church
South - single-family
East - Wayland Baptist University
West - single-family
In the P&Z hearing, the proponent noted that the
zero lot line homes will provide a good buffer for
the single-family t❑ the south from the church use
on the north. N❑ other zoning issues exist.
Staff supported the Planning and Zoning Commission
recommendation for approval of the request.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9518 as recommended by P&Z and City
Staff. Motion carried: 6 Yeas; 0 Nays.
92-51A-316-230
(10.) ORDINANCE #9519--lane Case #2683 (2702 Avenue Q)--
ORDINANCE #9519
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF TI4E CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2683; A ;CONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO USED CAR SALES
AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON LOTS I AND 2, BLOCK 13,
O'NEALL TERRACE ANNEX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDINGa A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
April 23, 1992
Page 317
Charles Bolton submitted a zone change request to
provide for sales of used vehicles as the only
permitted C-4 use and to include the existing C-3
uses for property located at 27th and Avenue Q. In
response to opposition at the P&Z meeting, Mr.
Bolton assured Council that there are no
contamination problems regarding leakage from
underground storage tanks and that his plans are
only for gasoline and cigarette sales.
Marion Sybil Leftwich and Greg Ingles spoke in
opposition to the request.
Mayor McMinn closed the hearing at 10:40 a.m.
David Jones, Director of Planning, stated that this
request represents another of the recent "changing
conditions" discussions about various C-4 land uses
the P&Z Commission and Council have had. Other
recent C-4 requests in previously non-C-4 locations
have been drive-in and drive through restaurants,
automobile upholstery shops and pawn shops.
Mr. Jones gave the adjacent land use relationships
as follows:
North - zoned C-3
South - commercial
East - high rise apartments
West - residential, except that the lot behind
(west) was approved by the ZBA for
parking at Spears Furniture.
The property is noted in the Comprehensive Land Use
Plan as commercial. Avenue Q also has a U.S.
highway designation which is one of the recommended
guidelines of the Plan for consideration of a C-4
request. According to Staff memo, several ❑f the
neighborhood returns indicate the inevitable clash
that occurs between commercial and residential when
the commercial is not buffered. Although the
neighbors are in opposition to the zone change, one
neighborhood comment about "working on cars" does
not coincide with the fact that a service station
exists ❑n the lot now. This portion of Avenue Q was
zoned strip commercial a number of years ago.
The Planning and Zoning Commission concentrated on
the central issue ❑f any zone change request -- is
the proposed use both appropriate and, in a relative
manner, a compatible land use in this location?
Two adjacent landowners were adamant in their
objection to the request at the P&Z hearing. Dwayne
Askins represented Park Tower in opposition and Mrs.
Leftwich represented the residential area to the
west. Mr. Askins presented testimony alleging
leaking storage tanks on the property and this was
denied by Mr. Bolton.
April 23, 1992
Page 318
The Planning and Zoning Commission requested a
review of percentage opposition. The return sheets
mailed to Spears Furniture went to both Harrel and
David Spears for different pieces of property.
David Spears returned one letter in opposition.
Staff made an assumption during the meeting that all
Spears property would be in opposition, the area of
which is 18.6% of the notice area. In addition
13.1% of the other property in the notice area was
in opposition. Total opposition was 31.7%. Staff
contacted Harrel Spears to question their intent,
and Mr. Spears confirmed their objection for all of
their property.
Regardless of the outcome of the neighborhood
returns, the denial by the Planning and Zoning
Commission requires a 5/6 vote of the City Council
to override the Planning and Zoning Commission
recommendation. In view of both the public
opposition and P&Z Commission denial, Staff supports
the P&Z recommendation.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to uphold P&Z Commission
recommendation to deny Zone Case #2683 request.
Motion carried: 5 Yeas; 1 Nay --Councilman Malay.
April 23, 1992
Page 319
92-51A-319-231
�18.} Consider Resolution #3868 authorizing the Mayor to
sign a Lease Agreement with the Lubbock Memorial
Arboretum Foundation for development_at_Glapp Park
and -McAlister _Park._
RESOLUTION #3868
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement with Lubbock Memorial Arboretum Foundation, Inc. for the
development and maintenance of an Arboretum and Botanical Garden in K.
N. Clapp Park and Bill McAlister Park, which includes a Lease and
Concessionaire Agreement for the development of an Interpretive Center
for the Arboretum and Botanical Garden at K. N. Clapp Park. Said
Agreement is 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 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lee Osborn
Lee Osborn, Director of Parks and
Recreation
APPROVED AS TO FORM:
s Lin la L. Chamales
Linda L. Channiales, Assistant City
Attorney,
April 23, 1992
Page 320
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
WHEREAS, the CITY OF LUBBOCK, TEXAS, ("City"), a home rule
municipality located in Lubbock County, Texas, desires to provide a
unique educational park experience in cooperation with the LUBBOCK
MEMORIAL ARBORETUM FOUNDATION, INC. ("Foundation") in the form of an
ARBORETUM AND BOTANICAL GARDEN ["Arboretum"] for the citizens of
Lubbock; and
WHEREAS, the Lubbock Memorial Arboretum Foundation, Inc., a Texas
nonprofit corporation, was organized in the public interest for the
purpose of establishing, maintaining, promoting and operating an
Arboretum for the benefit of the public and its members; and
WHEREAS, the Foundation has the ability and expertise to cooperate
with the City in developing the Arboretum and to provide programs and
services for the benefit and enjoyment of all the citizens of the City
of Lubbock, as well as the citizens of the State of Texas; and
WHIEREAS, City has designated a portion of K. N. Clapp Park and a
portion of Bill McAlister Park to be developed as an Arboretum and
Botanical Garden under the general control and supervision of City; and
WHIEREAS, the City has experienced difficulties in maintaining the
area which has been designated as an arboretum in the past, so that a
need exists tv clearly delineate and fence a portion of the area in K.
N. Clapp Park and all the area in McAlister Park to be further developed
as an arboretum; and
WHEREAS, Foundation has worked with City for several years in the
continuing development and educational promotion of this site as an
Arboretum, and City wishes to commend Foundation's efforts to date; and
WHEREAS, both parties deem it to be in their best interests to
enter into a new agreement; and
WHEREAS, Foundation has indicated to City a desire to develop, in
cooperation with City, programs and activities in a City -owned facility
to be known as an Interpretive Center, which would be designated to give
the citizens of Lubbock and other visitors greater access to and
enjoyment of the Arboretum;
NOW THEREFORE, this Agreement is made between the CITY OF LUBBOCK
and LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. to further the
continuing development of an ARBORETUM AND BOTANICAL GARDEN on a portion
of K. N. Clapp Park, Lubbock, Texas, described in Exhibit A, and to
initiate development of an arboretum and botanical garden on a portion
of Bill McAlister Park, Lubbock, Texas, described in Exhibit B, attached
and incorporated herein as if fully set forth.
April 23, 1992
Page 321
ARTICLE I
PURPOSE: This Agreement establishes a framework in which the
City in cooperation with the Foundation may promote the public interest
and enjoyment of horticulture, plant sciences and landscaping;
conservation of natural resources, beautification of the City with
horticultural improvement and the research and development of semi -arid
landscape plantings. The basic purposes of the Arboretum include, but
are not necessarily limited to, the following:
(a) To provide a unique park area of plant and landscape
displays for the benefit and enjoyment of the public.
(b) To collect and maintain woody plant materials for scientific
study and public exhibition.
(c:) 'To provide an educational experience at all levels for all
interested citizens.
(d) To provide a focal point for the activities of all citizens
engaged in like enterprises.
ARTICLE II
MANAGEMENT AND OPERATION: In recognition of the complexities of
managing and operating an Arboretum and the resultant need for
specialized, professional expertise, the responsibilities of the
Foundation and the City are provided below:
A. Responsibilities of the Foundation: The Foundation agrees to:
1. Continue the development of the Arboretum as outlined in the
goals and objectives document specified in Exhibit C.
2. Within one year from the date of the Agreement, undertake
the revision of the Rucker master plan for the Arboretum at
K. N. Clapp Park, said revision will be completed within two
(2) years and submitted to the Parks and Recreation Board
for review and to the City Council for approval. Within one
,year from the date of the Agreement, undertake the
preparation of a preliminary master plan for the Arboretum
at McAlister Park, said plan will be completed within five
(5) years and submitted t❑ the Parks and Recreation Board
for review and to the City Council for approval. In the
event the Foundation should fail to revise the Rucker master
plan and develop a preliminary master plan for McAlister
Park, the City, at its option, may terminate this Agreement
as described in Article X, Terms and Termination, of this
Agreement.
3. Include in its master plans, the development of the
Arboretum so that such facilities, located upon the
Arboretum, can be used by physically impaired persons
together with other fixtures and improvements necessary to
make the common areas at the Arboretum reasonably accessible
to and safe for use by physically impaired persons.
4. Amend or update the plans, if necessary, to show future
additional improvements on the Arboretum sites and furnish a
copy of such amendment to the City ❑f Lubbock for approval.
5. Submit plans and specifications for development projects
included within the approved master plans to the City of
Lubbock for review prior to construction.
5. Cooperate with the Parks and Recreation Department in
reviewing and revising guidelines for the operation,
development, management and maintenance of the Arboretum
sites.
April 23, 1992
Page 322
7. Submit proposed admission and reservation fee schedules to
the Parks and Recreation Board for review and to the City
Council for approval.
8. Expend for operations, development and maintenance ❑f the
Arboretum, monies received from memorials, honorariums,
concessions, grants, membership dues, gifts -in -kind and any
❑ther sources exclusive ❑f endowment provisions.
9. Provide the City with a copy of its Charter, Articles of
Incorporation, current By -Laws and any amendment to these
documents that may be adopted during the course of this
Agreement.
101. Provide funding for development of improvement projects as
plans for such work are approved and as funds are available.
B. Responsibilities of the City: City agrees to provide:
1. Utilities for the Arboretum sites and Interpretive Center to
include only water, sewer, garbage, gas and electrical
service.
2. Maintenance of the existing irrigation system, completion ❑f
the separation of the current system along fence lines to be
completed by July 1, 1994 with additions and updates to the
system as needed within budgeted funds.
3. Planting and maintenance responsibilities as developed in
the planting and maintenance guidelines in Exhibit D.
4. Administrative assistance in the preparation of grant
applications.
5. Consideration of financial support request for Arboretum
development projects. Requests for such support shall be
submitted in writing t❑ the Director of Parks and Recreation
no later than March 1st of each year.
6. Overall operation, supervision and maintenance of park
property.
ARTICLE III
ACCESS OF THE ARBORETUM: Entrances t❑ the K. N. Clapp and
McAlister Arboretum sites shall be open to the general public within
reasonable hours designated by the City with input from the Foundation.
The Foundation agrees that there shall be no discrimination and that no
citizen shall be prevented from participating in any portion ❑f any
public program at the Arboretum because of race, color, sex, religion,
national origin, physical handicap or disability. The City may
establish and enforce, after consultation and in cooperation with the
Foundation, any reasonable rules and regulations regarding behavior of
visitors to assure the well-being ❑f the plants and gardens, as well as
the safety, comfort and quality of experience for visitors to the
premises. To the extent permitted by law, the City, on consultation
with Foundation, or on its own, may exclude objectionable uses, or
abusive or offensive person(s) from all property subject to this
Agreement. City and its authorized officers, employees, agents and
contractors shall have the right t❑ enter the Arboretum and Botanical
Garden for any reasonable purpose during normal working hours, and,
where necessary, at other times. In exercising this right, City will
make every effort to coordinate and cooperate with Foundation.
April 23, 1992
Page 323
ARTICLE IV
SOLICITATION OF FUNDS BY THE FOUNDATION: It is agreed that the
Foundation shall solicit funds from various sources, including
memorials, honorariums, grants, membership dues, concessions and
gifts -in -kind or any other like sources. It is further agreed, provided
funds are available from the solicitation for such proposes, said funds
will be used to undertake certain structural improvements within the
Interpretative Center and Arboretum as approved by the City so that the
area described in Exhibit A will be improved, developed and operated in
such a manner as to be enjoyable for the members of the general public.
The Foundation understands and agrees that all improvements, which are
permanently attached and considered fixtures, provided by the Foundation
become the property of the City of Lubbock. The Foundation acknowledges
without reservation that the City holds title to all land and buildings
on the Arboretum.
ARTICLE_ Y
LIAISON COMMITTEE: A liaison committee shall be established and
shall meet at a minimum on a biannual basis. The committee will consist
of the Assistant City Manager for Public Safety and Services, the
Director, of Parks and Recreation, the Superintendent of Park
Maintenance, the Foundation President and three members of the
Foundation.
Responsibilities of the committee are as follows:
a. Review achievement of goals and objectives of development
plans.
b. Review admission and reservation fees.
C. Review and recommend new goals and proposed projects.
d. Review guidelines for plantings and standards of
maintenance.
e. Recommend updates of the Foundation and City
'responsibilities.
f. Discuss interpretive Center operations and programs.
g. Discuss Arboretum usage by the public.
h. Consider funding requests.
i. Develop presentations for Parks and Recreation Board and/or
City Council as needed.
j. Review and evaluate this Agreement to insure its
applicability to both City and Foundation.
k. Resolve conflicts regarding operational procedure or
scheduling of events.
April 23, 1992
Page 324
ARTICLE VI
ADMISSION AND RESERVATION FEES: It is contemplated by City and
Foundation that upon substantial completion of the goals identified in
Exhibit C scheduled for the first two years, it may be necessary for the
City to establish admission fees in order to provide revenue for
development and maintenance of the Arboretum. Said admission fees,
whether collected by the City or by the Foundation, as well as all
reservation fees charged at the Arboretum, shall be placed in a special
trust fund maintained and administered by the City of Lubbock Parks and
Recreation Department in cooperation with the Foundation. Funds from
this trust fund, known as the Arboretum and Botanical Garden Special
Account, shall be used solely for operation, expansion or improvement of
the Arboretum. Admission fee schedules and reservation fee schedules
shall be determined by City in cooperation with Foundation and approved
by City Council. In the event that volunteers from the Foundation are
allowed to collect admission fees or reservation fees as established by
the City, then such volunteers shall account on a daily basis for all
such funds collected to the Director of Parks and Recreation or his
designee.
ARTICLE VII
INTERPRETIVE CENTER: City and Foundation contemplate the
development of an Arboretum Interpretive Center in the building located
at 4111 University, Lubbock, Texas, which is the subject of a lease
between the parties which is attached hereto as Exhibit E and
incorporated herein.
A. Foundation Responsibilities and Privileges:
Thie Interpretive Center will provide a variety of informative
programs, activities and literature that will be available for all
levels of education and interest. The Foundation and City will be
afforded credit on all publicly disseminated printed materials.
Volunteers will be recruited from the community and trained by the
Foundation, to operate the center and administer programs sponsored or
promoted) by the Foundation. The Foundation will provide assistance to
the public on plant culture and provide tours and information, including
but not limited to, public schools, interested citizens and tourist and,
convention delegates. An attractive and well managed Arboretum and
Interpretive Center will be beneficial to the Foundation and public in
providing a greater appreciation and understanding of park related
services in the City of Lubbock.
The Foundation will pay or cause to be paid all charges for
telephones used or to be used in connection with the leased premises
throughout the term of this Agreement or any extension of the Agreement.
The Foundation will keep and maintain or cause to be kept and
maintained, the facility in a good state of appearance and repair,
limited to reasonable wear and tear, at the Foundation's expense.
The Foundation agrees that all costs incurred to operate the
business affairs of the Interpretive Center are, and shall be, the sole
responsibility of the Foundation commencing at the effective date of
this Agreement.
It is further agreed that Foundation shall have no authority to
bind the City in any way or to incur any indebtedness or liability on
behalf of the City, or to place or permit the placing of liens on City
property.
April 23, 1992
Page 325
ARTICLE VIII
INDEMNITY: Both parties agree to be responsible for the actions
of their own members, agents, volunteers and employees and to hold the
other party harmless from any damages, claims or liability of any nature
whatsoever stemming from their own activities undertaken pursuant to
this Agreement.
ARTICLE IX
INSURANCE: Foundation agrees to carry and maintain Commercial
General Liability Insurance in amount not less than $500,000 per
occurrence for bodily injury and property damage for premises operations
or products/completed operations with a company licensed to do business
in the .'Mate of Texas and to name the City of Lubbock as an additional
insured on said policy. Foundation agrees to furnish evidence to City
of continuation of said policies on each yearly anniversary of this
Agreement and further agrees to notify City thirty (30) days prior to
cancellation or modification of said policy.
ARTICLE X
TERMS AND TERMINATION: The initial term of this Agreement shall
be for fifty (50) years beginning upon the date of adoption hereof and
may be extended for additional ten (10) year increments by mutual
agreement of both parties. The parties hereby understand and agree that
such terms may be modified by consent of both parties hereto. This
Agreement may be terminated by mutual consent of the parties hereto or
by twelve (12) months prior written notice from either party to the
other.
Should either party fail to meet the conditions of this Agreement,
then in such event, the concerned party shall specify the deficiencies
in writing, correction shall commence within ninety (90) days by the
appropriate party from the date of receipt of such notice. If such
deficiency is not corrected or is not commenced to correct within ninety
(90) days, this Agreement may be terminated. Upon termination of this
Agreement, only plantings and improvements permanently attached or
affixed to the Arboretum and those donated pursuant to the Lease
Agreement in Exhibit E shall become the property of the City of Lubbock.
ARTICLE XI
REVIEW: Foundation and City recognize that their roles, functions
and responsibilities may develop, grow and/or change during the time
period of this Agreement. For this reason, Foundation and City shall
continuously review and evaluate this Agreement to insure its
appropriateness and applicability. Each year on or about the
anniversary date, a formal review and evaluation of this Agreement shall
be conducted and a report of findings and recommendations submitted for
City Council action, if appropriate.
ARTICLE XII
Thais Agreement was made and shall be construed in accordance with
the laws of the State of Texas.
April 23, 1992
Page 326
ARTICLE XIII
SEVERABILITY: If any provision contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any
respect, the invalidity shall not affect any of the other provisions of
the Agreement.
ARTICLE XIV
In addition, Foundation understands and agrees that this Agreement
is subject to the City's right of control over its parks, and this
Agreement shall always be interpreted accordingly.
ACCEPTED AND AGREED TO this 23rd day of April, 1992.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lee Osborn
Lee Osborn, Director of Parks and
Recreation
/sl Linda Chamales
Linda Chamales, Assistant City
Attorney
CITY OF LUBBOCK, TEXAS
BY:ZsZ B. C. McMinn
B. C. McMINN, MAYOR
LUBBOCK MEMORIAL ARBORETUM
FOUNOATION, INC.
BY:Is/ George Tereshkovich
PRESIDENT
Approximately eight months ago, the Foundation began
evaluating the possibility of relocating the
Arboretum to another site to develop an Arboretum
and Botanical Gardens. That initiated Foundation
and City staff discussions concerning maintenance,
operations, and future development. As a result, a
Cooperative Agreement between the City of Lubbock
and the Foundation was prepared and presented to the
City Council for approval on December 19, 1991. The
City Council requested the Foundation re-examine the
proposal and return with alternatives. The
Foundation Board conducted several meetings in order
to re-examine the proposal and have revised the
request which is being presented to the City Council
for consideration.
April 23, 1992
Page 327
PUBLIC INPUT
On February 24, 1992, a public meeting was conducted
at Brawn Elementary School to better inform the
citizens regarding the proposal. Over 1100 notices
were distributed to residents surrounding K. N.
Clapp Park inviting them to attend the public
briefing and provide input and suggestions regarding
the proposal. In addition, a news conference was
held on February 17 t❑ inform and invite those who
do not live in the immediate vicinity ❑f the park to
the meeting. Approximately 100 people attended the
public briefing with 17 individuals speaking
regarding the proposal. Approximately 50% of the
comments were in favor of the proposal and 50% in
opposition.
The questions ❑f those opposed to the proposal
concerned the proposed fence, access, entrance fees,
and maintenance of litter around the proposed fence.
One of the speakers presented a petition in
opposition to the proposed fence with 132
signatures. Other input was in the form of letters
and responses t❑ the notices which were distributed.
After the public meeting, Staff and the Arboretum
met again to reconsider the second alternative and
as a result, a third alternative was outlined and
submitted. Staff and several members ❑f the
Arboretum organized several meetings with small
groups ❑f residents and property owners in the
immediate vicinity of K. N. Clapp Park. A meeting
was scheduled with residents from 46th Street to the
south on April 1, 1992, and residents from 40th
Street to the north, as well as apartment owners and
managers on April 3, 1992, to insure understanding
of the proposal and obtain feedback from surrounding
neighbors.
BACKGROUND
When the Garden and Arts Center was planned in the
1950's, it was the consensus of the Park and
Recreation Board and staff that K. N. Clapp park
would be designated as an Arboretum. In June, 1954,
an agreement between the Park Department and the
Foundation defined the duties, responsibilities, and
obligations of the respective entities. That
agreement was an informal agreement and was not
presented to the Park and Recreation Board or the
City Council for approval.
A formal Agreement was approved by the City Council
on January 22, 1981 for the development of an
Arboretum and Botanical Garden on K. N. Clapp Park.
The Agreement was for a 10-year period, with an
option for an additional 10-year term. The
Foundation has invested significant funds for
development and improvement of the site; however,
plantings, labels, and trail markers have been
repeatedly damaged. The Foundation has specific
concerns regarding plant destruction, uncontrolled
access, the care and maintenance procedures used,
and the need for an interpretive center on the
Arboretum grounds.
April 23, 1992
Page 328
PROPOSED AGREEMENT:
The Agreement -- The AGREEMENT includes the
following: the Agreement for operations of the
Arboretum; the five-year goals and objectives for
the Arboretum (Exhibit C); maintenance standards for
the Arboretum (Exhibit D); and the lease agreement
for the Interpretive Center at 4111 University
(Exhibit E).
Purpose -- The purpose is for the continuation,
development and improvement ❑f the Arboretum and
Botanical Gardens on a portion of K. N. Clapp Park
and the initiation, development, and establishment
of an Arboretum and Botanical Gardens on a portion
of Bill McAlister Park.
Terms -- The term is for 50-year extensions of 10-
year increments by mutual agreement ❑f both parties.
Responsibilities of the Foundation
A. The Foundation will develop the
Arboretum as outlined in the goals
and ❑bjectives specified in Exhibit
C.
B. The Foundation will complete the
revision of the K. N. Clapp Park
Arboretum master plan and develop a
preliminary master plan for Bill
McAlister Park Arboretum and
Botanical Garden within five years
and submit the plan to the Parks And
Recreation Board and the City
Council for approval.
C. The Foundation will submit plans and
specifications for development
projects included in the master plan
to the City for review prior to
construction.
D. Any proposed admission or
reservation fees will be submitted
to the Parks And Recreation Board
and the City Council for approval.
E. The Foundation is authorized to
solicit donations for the
maintenance and operations of the
Arboretum and are charged with
expending those funds in accordance
with the goals and objectives of the
master plan.
April 23, 1992
Page 329
Responsibilities of the City --
A. The City would provide the utilities
for both Arboretum sites to include
water, gas, solid waste, and
electrical services.
B. The City will maintain the existing
irrigation system and will maintain
the park property and Arboretum
grounds according to the guidelines
in Exhibit D.
C. The City will provide administrative
assistance in the preparation of
grant applications and will review
any considerations for financial
support.
Access --
A. Access to the Arboretum will be open
to the public within reasonable
hours designated by the City with
input from the Foundation. Although
the hours of operation have not been
determined, both the Foundation and
the City realize that the Arboretum
needs to be open not only during the
daytime hours, but also those hours
when peak leisure time activities
occur, i.e., early evenings to dusk.
One of the Foundation's goals is to enclose a
portion of the grounds on the K. N. Clapp Park site
within a year, which will be paid for by the
Foundation. Approximately 14 acres of the 95-acre
Park is proposed to be enclosed. It is also one of
the Foundation's goals to enclose approximately 103
acres of the 273-acre Bill McAlister Park. The
proposed development of the Arboretum sites and
Botanical Gardens include extensive development and
intensive plantings, which are easily damaged
through uncontrolled pedestrian or vehicle traffic.
The purpose of fencing is to channel access through
selected entrances to lessen the potential damage to
delicate plants, Gardens, etc.
Liaison Committee:
A Committee consisting of City Manager's staff,
Parks staff, and Foundation members will be
established and will meet, at a minimum, on a
semi-annual basis to review operations, activities,
etc. to ensure compliance with the agreement,
recommended any updates, and resolve any potential
conflicts that might arise.
April 23, 1992
Page 330
Lease of Interpretive Center
The Arboretum will develop an interpretive center in
the building located at 4111 University. The terms
of the Lease Agreement for the building are
specified in Exhibit D.
A. The Arboretum will be responsible
for all of the staffing, operations,
and maintenance associated with the
operation of the interpretive
center.
B. The Foundation will provide a
variety of information programs,
activities, and literature.
Volunteers will be recruited by the
Foundation to operate the center,
present programs, serve as docents
on tours to public schools,
citizens, tourists, and convention
delegates.
C. The Foundation must provide adequate
insurance on the interpretive center
and for the activities of their
volunteers.
Indemnity:
Both the City of Lubbock and the Foundation agree to
be responsible for the action of their own members,
volunteers, and employees and hold the other party
harmless from any damage or claims.
Insurance:
The Foundation will maintain General Liability
Insurance in the amount of not less than $500,000
per occurrence for bodily injury and property
damage.
Termination:
Should either the City or the Foundation fail to
meet the conditions of the Agreement, then either
party has the option of specifying their
deficiencies in writing. If correction is not
initiated within 90 days, then the Agreement can be
terminated.
April 23, 1992
Page 331
RECOMMENDATION:
The Lubbock Memorial Arboretum Foundation, Inc. has
a vested interest in the development of K. N. Clapp
Park for over 27 years and have expressed the desire
to continue their operation at that site, but also
provide considerable enhancements over the next five
years. The Foundation has also expressed the desire
to develop and establish an Arboretum and Botanical
Gardens at Bill McAlister Park which will provide an
attractive entryway into Lubbock from the West. All
of the improvements and programs by the Foundation
are through volunteer activities and donations, and
the Foundation desires to ensure that those efforts
are secure for the enjoyment of all citizens of
Lubbock. The proposed Agreement includes specific
methods to address problems that have been
experienced in the past, outlines significant number
of goals and objectives to develop the Arboretum
that will provide the community with a significant
recreation and leisure opportunity.
The Arboretum Board, the Park And Recreation Board,
and City Staff recommended approval of the
Agreement.
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to authorize Resolution #3868 as
recommended by the Park and Recreation Board and
City Staff. Motion carried: 6 Yeas; D Nays.
April 23, 1992
Page 332
92-51A-332-232
(19.) Consider Resolution #3869 concerning use ❑f
hotel/motel tax funds for_GivicCenter improvements.
RESOLUTION #3869
WHEREAS, the present debt service payments for Civic Center
improvements will be completed in fiscal year 1993-94; and
WHEREAS, the Civic Centers Board of the City of Lubbock has
recommended that the excess portion of the hotel/motel tax revenue
allocated for debt service, which is not necessary to retire the debt
service, be reallocated for Civic Center improvements; and
WHEREAS, the Civic Center continues to provide for the
entertainment: needs of the citizens of Lubbock through events and
activities which promote culture and improve the qualify of life; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the hotel/motel tax revenue currently devoted to debt service
which exceeds the amount necessary to retire such debt service shall
hereby be reallocated for Civic Center improvements.
Passed by the City Council this 23rd day of April, 1992.
Is/ 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
for Public Safety and Services
APPROVED AS TO FORM:
s Linda L. Chamal es
Linda L. Chamales, Assistant City
Attorney
Currently, the City Council allocates 2 1/4 cents of
the 7 cents of the hotel/motel tax for debt
retirement for the construction of the Civic Center.
This yields $475,000 per year; however, the debt
payment for the 91-92 fiscal year is $526,752.
Beginning in the 1992-93 Fiscal Year, Staff will be
entering the last two years of the debt payment on
the Civic Center, which will leave a reserve balance
from the current allocation. The debt payment in
1992-93 is $188,135, which will leave a balance of
$286,875. In the 1993-94 fiscal year, that balance
will be $295,625 and beginning in the 94-95 fiscal
year, the debt will be completely retired.
In examining the utilization of the current Civic
Center, and the demands for more space, the Civic
Center Board is recommending that the allocation of
the 2 1/4 cents be continued and placed in a reserve
for Civic Center improvements.
April 23, 1992
Page 333
92-51A-333-233
(20.)
The details on the potential uses of those funds
will he provided to Council during the Work Session.
The intent is that future improvements for the Civic
Center should come from the Hotel/Motel Tax to the
extent possible, but that requires continuing the
allocation once the debt is retired.
The Civic Center Board and Staff recommended
approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3859 as recommended by the Civic Center Board and
City Staff. Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9520
AN ORDINANCE AMENDING THE EDUCATIONAL INCENTIVE PAY ORDINANCE NO.
9385 OF THE CITY OF LUBBOCK, TEXAS; DEFINING TERMS IN RELATION TO
EDUCATIONAL INCENTIVE PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE AND
POLICE DEPARTMENTS OF THE CITY OF LUBBOCK; PROVIDING FOR SUCH INCENTIVE
PAY AND THE REQUIREMENTS ANO BASIS THEREFOR; PROVIDING FOR THE REPEAL OF
ARTICLE III, CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
On September 27, 1990, the City Council approved
Ordinance #9385 which implemented major changes in
provisions for Educational Incentive Pay for Civil
Service Members of the Fire and Police Departments.
One of the intents of the revised provisions was to
deny Educational Incentive Pay for course credits
based on "experiential learning" or courses
sponsored and paid for by the City of Lubbock. The
program has been administered according to that
intent since approval of Ordinance #9385; however,
the wording needs to clearly reflect that intent in
all cases.
The proposed revision is included in Section 5.
Option.?Acceptability of Course Credits, as
follows:
Course Credits granted by colleges or universities
for "prior learning assessment", "experiential
learning", prior military experience, prior work
experience, or courses sponsored and paid for by the
City of Lubbock will not be acceptable as a part of:
I. The 50 semester hours required for
Educational Incentive Pay.
2. The 120 semester hours required for
Additional Educational Incentive
Pay.
3. The 150 semester hours required for
Masters Educational Incentive Pay.
4. The 30 semester hours in specified
course areas required for
Educational Incentive Pay or
Additional Educational Incentive
Pay.
April 23, 1992
Page 334
92-51A-334-234
(21.)
Previously, only Item 1 (i.e.), the 60 hours for
Educational Incentive Pay, and Item 4, 30 semester
hours in specific course area (core courses) were
included which would have allowed someone who
received a degree based on "experiential learning"
to receive the incentive pay.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9520 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
RESOLUTION #3870
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
30 THROUGH 58, PRAIRIE POINT EAST ADDITION.
WHEREAS, the developer of Lots 30 through 58, Prairie Point East
Addition has complied with the provisions of the City of Lubbock Code of
Ordinances, 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 costs to the developer are $19,087.50,
with the improvements constructed by Utility Contractors of America,
Inc. having a value of $8,607.55, as determined by the unit prices
established by said Chapter 28, and $10,629.95 cash paid to the City,
which includes $1,642.74 cash and $8,987.21 as transferred funds for
adjacent lines, with R.W. Sessums, the developer, to receive a refund of
$3,299.42 in accordance with Chapter 28 of the Code of Ordinances of the
City of Lubbock and a refund of deposit in the amount of $00.00; and
WHEREAS, the construction of the said water and sewer improvement$
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 $3,299.42 be
made in accordance with said Chapter 28.
April 23, 1992
Page 335
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 the date of its passage.
Passed by the City Council this 23rd day of April, 1992.
js/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/sZ Harold Willard
Harold Willard, 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 $19,087.50, including value of
construction costs of $8,607.55; $10,629.95
transferred for adjacent line costs; and $1,642.74
cash paid to the City of Lubbock. The Developer,
R.W. Sessums, will receive a refund of $3,299.42 in
accordance with Chapter 28 of the Code of the City
of Lubbock and based on original estimates there
will be no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to authorize Resolution #3870
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 23, 1992
Page 336
92-51A-336-235
(22.) Consider Resolution #3871 authorizing the Mayor to
RESOLUTION #3871
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Amendment to the December 5, 1990, Agreement for Engineering Services
for renovation of the City of Lubbock Water Treatment Plant by and
between the City of Lubbock and HDR Engineering, Inc., which Amendment
is attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Dan A. Hawkins
Dan A. Hawkins, P.E.,
Director of Water Utilities
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
April 23, 1992
Page 337
AMENDMENT
WHEREAS, the City of Lubbock, Texas, and HDR Engineering, Inc.,
have heretofore entered into an Agreement for Engineering Services upon
December 6, 1990; and
WHEREAS, the parties to said Agreement now desire to amend said
Agreement to include additional services and compensation as provided by
Attachments A-2, B-2 and C-2 attached hereto; HOW THEREFORE:
WITNESSETH:
THAT the parties hereto agree that the Agreement for Engineering
Services executed by and between the City of Lubbock HDR Engineering,
Inc., upon December 6, 1990, shall be amended to include this Amendment
and the Attachments hereto; and
THAT all references in the original Agreement for Engineering
Services to "Attachment A", "Attachment B", and "Attachment C" shall be
read as including "Attachment A, A-1, and A-2" and "Attachment B, B-1,
and B-2" and "Attachment C, C-1, and C-2".
IN WITNESS WHEREOF, the parties have executed this Amendment upon
this 23rd day of April, 1992.
CITY OF LUBBOCK
s B. C:. McMinn
B. C. McMinn, Mayor
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Dan A. Hawkins
Dan A. Hawkins, P.E.
Director, of 'Water Utilities
APPROVED AS TO FORM:
s Do aild G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
HDR ENGINEERING, INC.
sI William B. Haaood
William B. Hagood
Senior Vice President
ATTEST:
Is/ David F. Besinaer
David F. Besinger, P.E.
Assistant Project Manager
Attachments are filed with Resolution No. 3871.
The Water Treatment Plant Terminal Storage Reservoir
was constructed to store untreated Lake Meredith
water for peaking supply during the City's maximum
water consumption months (summer irrigation). The
reservoir's capacity is 400 million gallons and
enables the City to accept water deliveries from the
Canadian River Municipal Water Authority during the
winter months for use in the summer.
April 23, 1992
Page 338
When this facility was constructed in 1982,
consulting engineers recommended using an approach
somewhat different than that employed in the
construction of the CRMWA's reservoir located on the
west side of the CRMWA line. The new approach
involved the use of a substantially thicker liner
and the use of compacted fill for embankments. Over
the years, a variety of factors including wave
action have caused some shifting in the embankments.
This has resulted in some tears to the liner (which
have been repaired) which has allowed water to
further erode the embankments in certain areas.
Staff is now recommending that the liner be "peeled
back" during the winter (off peak) months and that
soil stabilizer be applied to the embankments in
order to eliminate further erosion problems.
Preliminary estimates indicate a cost of
approximately $1,750,000, to be paid out of Water
Department reserves. The proposed amendment will
allow HDR, already on site for work at the Water
Treatment Plant, to provide the preparatory
engineering work for this project. The total for
fees and reimbursables is not to exceed $75,000.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Aderton to authorize Resolution 43871 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
April 23, 1992
Page 339
92-51A-339-236
(23.)
maps.
RESOLUTION #3872
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement entered into by and between Manatron, Inc. and the City of
Lubbock, 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 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s J. F;obert Massengale
J. Robert Massengale, Assistant
City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
April 23, 1992
Page 340
AGREEMENT
This agreement is entered into by and between:
and
MANATRON, INC.
2970 S. 9th Street
Kalamazoo, Michigan 49009
CITY OF LUBBOCK
Lead Programmer Analyst
City of Lubbock
915 Texas Avenue
Lubbock, Texas 79459
The terms and conditions of which are as follows:
GENERAL TERMS AND CONDITIONS
1. PAYMENT
Customer agrees to pay Manatron within forty-five (45) days
of receipt of an invoice for any hardware, software and
training, and for all other charges listed herein. Customer
agrees to pay a late payment charge at the rate of one and
one-half (1 1/2) percent per month, or at the maximum late
payment charge permitted by applicable law, whichever is
less, on any unpaid amount for each calendar month, or
fraction thereof, that such payment is in default.
II. TAXES
Customer shall pay Manatron any tax (except tax based on net
income) on this Agreement, on or measured by the prices,
other charges, the equipment, program products, or services
furnished, or their use, however designated levied or based
whenever Manatron must pay/or collect the tax from customer
according to applicable law, as interpreted by the
departmental authorities of the taxing unit. It shall be the
customer's sole obligation after payment to Manatron to
challenge the applicability of any tax. Any personal
property taxes assessable on the equipment after shipment
shall be borne by customer.
III. LIMITATION OF LIABILITY
In no event shall Manatron be liable to customer for loss of
revenue, indirect, special or consequential damages arising
out of any breach of this agreement or of obligations under
this agreement or the license granted or for any claim made
against customer by any other party, even if Manatron has
been advised of the possibility of such claim.
Manatron shall not be liable for any damages caused by delay
in delivery, installation or furnishing of the hardware,
program products or services under this agreement.
If a charge is payable with respect to any hardware, program
product(s) or related materials or service hereunder, or if
a change has been established in the regular course of
business by Manatron for the same or similar, then
Manatron's liability, if any, for loss or damages relating
to or arising out of this agreement shall not exceed the
charges attributable to such hardware, software and services
under this agreement.
April 23, 1992
Page 341
SCHEDULE A
Digitizing Services for:
CITY OF LUBBOCK, TEXAS
A. Services to be provided by Manatron:
I. Convert 900 digital map files from Manatron LIS format
to Autocad DXF format.
2. Provide converted GIS data on a media and format to be
mutually agreed upon by Manatron and the City of
Lubbock.
B. Lubbock County Responsibilities:
1. Provide 900 LIS map files on 1/4" magnetic tape to
Manatron in BTDS format.
2. Provide LIS graphic specifications file on 5.25"
floppy diskette to Manatron in BTDS format.
3. Provide printout listing each map number and its scale
to Manatron.
C. City of Lubbock Responsibilities:
1. Provide list of graphic specifications from City's
Intergraph System so that Manatron "class" graphic
structure may be properly associated with the
Intergraph "levels" graphics structure during the
conversion.
2. Designate a liaison person whom Manatron can report to
during the duration of the project.
D. Cost:
9n0 files at $15 per file = $13,500.00
,A 20% downpayment ($2,700) will be invoiced on receipt of
signed contract and will be due prior to the onset of this
project. Billings will then continue as portions of the
project are completed, in a prorated manner, taking into
consideration the downpayment that has been made.
E. Project Length:
Manatron agrees to commence work on the above described
project within ten (10) days of contract executed or receipt
of data from the County and the City whichever is later. The
final completion date shall be four (4) months from
commencement.
April 23, 1992
Page 342
GENERAL TERMS AND CONDITIONS
ACCEPTANCE
MANATRON, INC. and customer,
CITY OF LUBBOCK, TX
by signature below, acknowledge that they have read this Agreement,
including the schedules detailed below, understand it and agree to all
its terms and conditions. This Agreement constitutes the entire
Agreement, between the parties and supersedes all prior communications,
proposals, or agreements relative to the hardware, software or services
outlined herein.
Schedules that are a part of this Agreement, include:
Schedule A - Equipment Sale
Acceptedl:
MANATRONI, INC.
By /s/ Paul Sylvester
Title Vice President - Finance
Witness
Date
Accepted:
CITY OF LUBBOCK, TX
By /s/ B. C. McMinn
Title Mayor
Witness /s/ Ranette.-Boyd
Date April 23, 1992
The Lubbock Central Appraisal District has digitized
maps of Lubbock County. The computer version of
these maps is not presently usable by the City and
in order to make these maps usable by the Electric
and Water Departments on their GIS computer (mapping
system), these maps must be converted into a usable
format. Manatron, Inc. is the only group in the
United States which has the expertise and facilities
to convert these maps. This Contract provides for
the conversion of the existing 900 maps at a cost of
$15 each.
When these maps are installed in the City's GIS
system, efforts will be focused onto the placing of
the various utility facilities on these maps. Staff
estimate this conversion will save from three to
five man-years of manual conversion to digitize our
existing maps.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize Resolution #3872 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 23, 1992
Page 343
92-51A-343-237
(24.) Consider Ordinance #9521 authorizing City of
ORDINANCE #9521
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1992 LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SEWER
SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND
DETAILS Our SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFIC:ATES;; AND PROVIDING AN EFFECTIVE DATE.
This is first reading of an Ordinance issuing
$34,520,000 in Certificates of Obligation to the
Texas Water Development Board. This is the second
segment of a total of three of the SRF loans from
the Water Development Board. The first segment was
for $1,655,000.
This loan is actually consummated in the form of
Certificates of Obligation which are issued directly
to the Water Development Board for a predetermined
rate of 5.5%.
The second reading of the Ordinance will be at the
May 14, 1992 City Council meeting.
This action is the second step in the $50,600,000
SRF loan that the Council approved previously to (1)
construct the improvements and extensions to the
City's Wastewater Treatment System, including a new
activated sludge treatment plant; headworks
facilities, solids handling facilities digester
rehabilitation; administration maintenance building,
and (2) professional services rendered in connection
therewith.
The rate is much lower than Staff had anticipated on
the open market and is consistent with the direction
of the City Council and therefore, Staff recommended
approval of the Ordinance.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9521 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
April 23, 1992
Page 344
92-51A-344-238
(25.) Consider Resolution #3873 declaring intent to
reimburse expenditures with proceeds from future
debt
RESOLUTION #3873
A RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH
PROCEEDS OF FUTURE DEBT.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas (the "Issuer") intends to make
capital expenditures for the installation of a soil liner in the City of
Lubbock Landfill Cell III that at a minimum is at least equivalent to,
but in no case less than, three feet of soil having a maximum
coefficient of permeability of 1.0 x 10-7 cm per sec. installation (the
"Expenditures") and currently desires and expects to reimburse the
Expenditures with proceeds of debt to be incurred hereafter for such
purpose;
WHEREAS, under Treas. Reg. §1.103-18 (the "Regulation"), to fund
such reimbursement with proceeds of tax-exempt obligations the Issuer
must declare its expectation ultimately to make such reimbursement
before making the Expenditures; and
WHIEREAS, the Issuer desires to preserve its ability to reimburse
the Expenditures with proceeds of tax-exempt obligations; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Issuer reasonably expects to reimburse the Expenditures
with proceeds of debt hereafter to be incurred by the Issuer in a
principal amount which the Issuer expects will not exceed $910,000 and
that this Resolution shall constitute a declaration of official intent
under the Regulation.
Passed by the City Council this 23rd day of April, 1992.
/s/ B.C.McMinn
B. C. McMINN, MAYOR
ATTEST:
sJ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s J. Robert Massengale
J. Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
Zsl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
April 23, 1992
Page 345
Last month, Staff received a letter from the Texas
Water Commission prohibiting further disposal of
waste at the landfill until a non -permeable liner to
prevent leachate leaking to the water table is
installed. The TWC investigators found a sand Tense
in the disposal area of the landfill and subsequent
soil testing revealed that the soil has a texture
with a low permeability and leachate could percolate
to the water table. Since the water table at the
landfill site is less than 100', the TWC the City of
the requirement to install a clay liner.
After an on -site conference with TWC on March 6,
1992, it was agreed to allow temporary disposal in
an area which has approximately 60 days of life;
therefore, it is imperative to install a
non -permeable liner consisting of 3' of clay and
soil, and a leachate collection system for further
protection of the water table. The Leachate
Collection System is a series of pipes placed along
the bottom of the cell to absorb liquids seeping
toward the water table. This liquid is then pumped
back to the surface and re -applied on the landfill.
The cost of this project is $910,000. The City had
already planned to line our cells because of
proposed and final EPA regulations beginning in
1993-94 and this accelerates that schedule by 18
months.
The emergency bid documents and contracts are being
prepared to complete this project within the needed
timeframe and contracts will be awarded in May and
sufficient lining completed by July to accept waste
in the main disposal area.
During the April 9, 1992 Council Work Session, Staff
briefed Council on the directives from the Texas
Water Commission which instructed the City to
install a liner in the active disposal areas of the
City of Lubbock Landfill. During the same Work
Session, Council was advised that project
expenditures would be paid for initially from the
Solid Waste Reserve Fund and reimbursed later in the
Summer from proceeds of the sale of bonds.
To reimburse the reserve fund, the law requires the
City Council to pass a resolution stating the City's
intent to complete the project before the bonds are
sold and to reimburse the City for any expenses
incurred after the resolution has been passed.
The law firm of Fulbright and Jaworski will assist
in accomplishing this reimbursing procedure.
Work on the Landfill Liner Project to date has
included selecting an engineer, HDR Engineering,
Inc., Dallas, Texas, and conducting a pre -bid
meeting with contractors interested in submitting
bids on the installation of the clay liner.
Because of the directives issued by the Texas Water
Commission instructing the City to perform this
work, and because of the necessity to fund this
project and maintain adequate reserve funds, Staff
recommended approval of the Reimbursement
Resolution.
April 23, 1992
Page 345
92-51A-346-239
(25.)
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to authorize Resolution #3873 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
accepting contracts for projector screen and
electronic controller.
RESOLUTION #3874
RESOLUTION ACCEPTING A BID FOR THE CONSTRUCTION OF THE OMNIMAX
THEATER (EXHIBITION HALL/AUDITORIUM); AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR CONSTRUCTION; AND ACCEPTING ASSIGNMENT OF CONTRACTS FOR THE
PROJECTOR SCREEN AND ELECTRONIC CONTROLLER.
WHEREAS, the City of Lubbock, pursuant to the authority granted to
it in Art. 1269j 4-1, V.A.T.S., intends to construct an exhibition hall/
auditorium within the City to be known as the Omnimax Theater; and
WHEREAS, the City of Lubbock finds that such project is a public
purpose and will benefit the City and its citizens; and
WHIEREAS, the City did enter into a "Land Acquisition and
Management Agreement" with Science Spectrum, Inc., a nonprofit Texas
Corporation, on the 28th day of February, 1991; and
WHIEREAS, the above contract authorized Science Spectrum, subject
to the approval of the City and in compliance with procurement laws
applicable to the City, to solicit sealed bids for the construction of
the Omnimax Theater; and
WHEREAS, the Science Spectrum did solicit such seal bids and now
presents same to the City Council for acceptance or rejection; and
WHEREAS, the City Council of the City of Lubbock believes it is in
the best interest of the City and its citizens to accept the low bid for
the construction of the Omnimax Theater; and
WHEREAS, the Science Spectrum did present all bids received for
the construction of said theater to the City Council on the 23rd day of
April, 1992, in open session; and
WHEREAS, Science Spectrum, pursuant to the terms of the agreement
with the City of Lubbock and acting as its agent, did enter into two
contracts for the procurement of the dome screen and media
control/theater automation system; and
WHEREAS, both contracts referred to in the proceeding paragraph
were and are single source items necessary for the construction of the
theater; and
WHEREAS, said contracts are exempt from the provisions of Sec.
252.021 of the Local Government Code of the State of Texas being single
source items, (Sec. 252.022, Sec. (a) 7A, Local Government Code); and
April 23, 1992
Rage 347
WHEREAS, said contracts must be assigned at this time to the City
of Lubbock so that all construction and procurement on this project will
be coordinated;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the bid of Lee Lewis Construction, Inc. is the low bid for
the construction of the Omnimax Theater and such bid so submitted is
hereby accepted and the Mayor is authorized to execute a construction
contract for the amount of the bid price submitted with Lee Lewis
Construction„ Inc. for the construction of the Omnimax Theater complex.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is authorized to execute all necessary documents
accepting the assignment by Science Spectrum, Inc, of the contracts for
the procurement of the dome screen and the procurement of the media
control/theater automation system heretofore executed on behalf of the
City by its agents under the contract of February 28, 1991, between the
City of Lubbock and Science Spectrum, Inc.
Passed by the City Council this 23rd day of April, 1992.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s RanE?tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s J. Robert Massengale
J. Robert Massengale, Assistant
City Manager for Financial Services
APPROVED AS TO FORM:
s JohrF C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of Contract for Construction of the Omnimax Theater is filed with
Resolution No. 3874.
There are three elements to this Resolution. The
first element is the approval of the bid by Lee
Lewis for $2,280,000 for construction. These bids
are for only the City project. The Science Spectrum
also bid a project which will be under separate
contract. The approval of this Resolution will
authorize the Science Spectrum to enter into a
Contract with Lee Lewis subject to all bonds and
assurances are being completed.
The second element of the Resolution is to approve a
Contract for the purchase of a Media Control/Theater
Automation System. This System is an only source
item and the Science Spectrum has entered into a
contract for the purchase of this system at an
amount of $113,000.
The third element of the Resolution is to approve
Contract for the dome structure projection screen.
This item is also an only source item and the
Science Spectrum has entered into a Contract with
Spitz, Inc. of Chadsford, Pennsylvania. This
Resolution will approve that Contract for the dome
structure in the amount of $190,000.
April 23, 1992
Page 348
92-51A-348-240
(27.)
92-51A-348-241
(28.)
92-51A-348-242
(29.)
The overall project will be within the original $5
million budgeted, with subsequent purchases of
equipment and furnishings such as the theater
seating, etc. which will be presented for Council
approval in the future.
Staff advised that these actions are consistent with
the contractual arrangement with the Science
Spectrum for the construction and operation of the
OmniMax Theater and recommended approval of the
Resolution.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3874 as recommended by Staff. Motion carried: 6
Yeas; 0 Hays.
BID #11886--HPS Luminaire (Central Warehouse
Cummins Supply, Amarillo--100 ea. 400W high pressure
sodium vapor luminaire.
Nunn Electric--150 ea. 100W 120V high pressure
sodium vapor luminaire.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Hays.
BID #11888--Library furniture (Library).
Vance Hunt & Associates, Dodson
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Hays.
BID #11598--Trucks and equipment (Fleet Services].
Harmon Tank Co.--1 ea. 12-yard dump body Spec 722.
South Plains Int'l Trucks--1 ea. cab and chassis
28000 GVWR Spec 606-WU; 1 ea. cab & chassis 28000
GVWR Spec 607.
Summit -White GMC, Dallas--2 ea. cab & chassis 28000
GVWR Spec 606; 1 ea. cab & chassis 50000 GVWR Spec
609; 2 ea. cab & chassis 640000 GVWR Spec 610.
Gene Messer Ford-4 ea. cab & chassis 56000 GVWR
Spec 608.
Custom Truck Equipment, Bethany, OK--2 ea. 14" dump
bed Spec 731; 1 ea. 12' dump bed & winch Spec 732.
Davis Truck and Equipment, San Antonio-4 ea. 33 cy.
sideloading packer body Spec 801.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Hays.
April 23, 1992
Page 349
92-51A-349-243
(30.) BID #11838--Photocira2hic film and development
(Various departments).
Rapid Color--1 lt. photographic film, annual
pricing; 1 lt. photofinishing services, annual
pricing.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-349-244
(31.) BID #11924--Turf equipment [Fleet Services].
Goldthwaites, Ft. Worth--1 ea. soil top dresser Spec
1056.
Western Implement--1 ea. self-propelled reel mower,
Spec 1001; 1 ea. soil processor Spec 1054.
Howards Bicycle Shop--1 ea. trim mower, outfront
gas. powered Spec 1042.
Yeager-Twose Equipment, Inc., Hillsboro, OR--1 ea.
turf condition, multipurpose, Spec 1055.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-349-245
(32.) BID #11925--Communications radios (Communication
Services].
General Electric Mobile Communication: Lot Price
Items 1-8.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
April 23, 1992
Page 350
92-51A-350-246
(33.) BID #11874--HVAC Maintenance, and authorize same
[Civic Center].
RESOLUTION #3875
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Anthony Mechanical
Services, Inc. for H.V.A.C. maintenance for the City of Lubbock
Auditorium & Coliseum, 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 23rd day of April, 1992.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED~ AS TO CONTENT:
Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/sL B.C. McMinn
B. C. MCMINN, MAYOR
THIS AGREEMENT, made and entered into this 23rd day of April, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to do so,
hereinafter referred to as OWNER, and Anthony Mechanical Services, Inc.
of the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11874--HVAC Maintenance Contract - Lubbock Auditorium/Coliseum
Project in the amount of $130,416.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
April 23, 1992
Page 351
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s Jerr-y. Smith
ATTEST:
/s/ W. It. Anthony, Jr.
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Anthony Mechanical Services, Inc.
CONTRACTOR
By: /s/ John Anthony
TITLE: President
COMPLETE ADDRESS: Anthony Mechanical Services, Inc.
P.O. Box 3460
Lubbock, Texas 79452
4 Year HVAC Maintenance for Auditorium Coliseum.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3875.
Motion carried: 6 Yeas; 0 Nays.
April 23, 1992
Page 352
92-51A-352-247
(34.) BID #11892--Tree planting, various City parks, and
authorize same Parks and Recreation .
RESOLUTION #3876
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Sal Esparza, Inc. for
tree planting at various City of Lubbock parks, 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 23rd day of April, 1992.
ATTEST:
s Rane�tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads
Gene Eads, Purchasing Manager
APPROVED, AS TO FORM:
s Donald G. Mandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Is/ B. C. McMinn
B. C. MCMINN, MAYOR
THIS AGREEMENT, made and entered into this 23rd day of April, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Sal Esparza, Inc. of the City of
Houston, County of Harris, and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11892--Tree Planting Various City Parks (Parks and Recreation)
in the amount of $10,270.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
April 23, 1992
Page 353
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
LsL-Carlos Vigil
ATTEST:
s SabeA a Esparza
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/_B._C._McMinn
Mayor
APPROVED AS TO FORM:
Is1 Don Vandiver
Sal Esparza, Inc.
CONTRACTOR
By: Is/ Sal Esparza
TITLE: President
COMPLETE ADDRESS: Sal Esparza, Inc.
303 Wells Fargo, Suite 4
Houston, Texas 77090
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3876.
Motion carried: 6 Yeas; D Nays.
92-51A-353-248
(35.) Hold an Executive Session to discuss personnel
matters regarding duties —responsibilities and/or
appointments to:
Parks and Recreation Board
April 23, 1992
Page 354
92-51A-354-249
(36.) Consider three appointments to the Parks and
Recreation Board. The terms of Joe _Ray —Alice
Moreno Kerr, and Ann Jenkins expire on March 31,
1992.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to reappoint Joe May, Alice
Moreno Kerr, and Ann Jenkins to the Parks and
Recreation Board. Motion carried: 5 Yeas; 0 Hays --
Councilman Aderton absent from the Chambers.
Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem
Patterson to adjourn the meeting at 11:03 a.m. Motion carried: 5 Yeas;
0 Nays --Councilman Aderton absent from the Chambers.
-�sl B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Ranette Boyd, City Secretary
Read and approved this the 14th day of May, 1992.
Js! B.C. McMi3jn
B. C. McMinn, Mayor
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary