HomeMy WebLinkAboutMinutes - City Council - Regular - 7/23/1992C ITV OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JULY 23, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 23rd day of July, 1992 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston, Mayor Pro Tern Maggie Trejo, Councilman
T. J. Patterson, Councilman M. J. Aderton, Councilman Randy Neugebauer,
Councilman Max Ince, Councilman Alex Cooke, City Manager Larry J.
Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette
Boyd.
Mayor Langston called the meeting to order at 10:00 A.M.
( 1.}
( 2.}
92-51B-601-388
( 3.)
The Invocation was given by Larry J. Cunningham,
City Manager.
The Pledge of Allegiance was given in unison by
those in the Council Chambers.
Charles Saunders will appear to discuss
discriminatory law enforcement practices of the
Lubbock Police Department and the conspiratorial
cover-up by police command and administrative
personnel in addressing citizen complaints of police
misconduct.
According to Staff memo, this request was
precipitated by an automobile accident which Mr.
Saunders had leaving a church function a few weeks
ago. He was parked on the wrong side of the street
and when leaving his parking space, a church bus
made a turn and hit his vehicle. The people at the
church were willing to settle the damages, but Mr.
Saunders chose to call the police so that his
insurance carrier would pay for the damages.
Officer Gonzales initially ticketed both Mr.
Saunders and the driver of the bus and when Mr.
Saunders objected to this, the officer rescinded the
decision to issue tickets to either party. However,
the Police report states that both parties were
contributing factors to the accident.
Mr. Saunders received a letter from Municipal Court
a few days later concerning the ticket and upon
checking, found that the letter was sent in error.
Mr. Saunders believes this was a conspiracy to
discriminate against him because of his race. He
also requested that the officer's report be changed
to show that he had absolutely no fault, and the
officer slightly modified the report.
Mr. Saunders filed a complaint through Police
Internal Affairs which is in the process of being
reviewed and evaluated and Chief Bridgers is
expected to rule on this next week; however, Mr.
Saunders is unwilling to wait for a decision and is
demanding that the police officer be reprimanded and
that the incident report be changed to state that he
had no fault.
Ju1y 23, 1992
Page 602
92-51B-602-389
( 4.)
In discussing Mr. Saunders' request to be on the
agenda, Staff explained to him that the specific
incident and complaint against the police officer
should not be discussed at a Council meeting because
of the case pending before Chief Bridgers.
Staff recommended that Mr. Saunders' testimony and
comments be confined to complaints about the
department and the subject matter on which he has
requested to speak and not about Officer Gonzales.
Charles Saunders appeared to discuss alleged
discriminatory practices and conspiracy to cover up
information within the Police Department.
Mr. Saunders closed by asking that his grievance be
addressed no later than August 1. Mayor Langston
assured Mr. Saunders that the matter is under
review.
A representative of the Lubbock Cultural Affairs
Council will appear to present the following
recommendation;
A. Consider recommendations for
awarding of Arts Grants for the
second and final grant period of
1991.
Kay Brown appeared on behalf of the Lubbock Cultural
Affairs Council to present recommendations for
awarding of arts grants for the second and final
grant period of 1991.
According to Staff memo, on January 23, 1992, the
City Council approved an agreement to pay the
Cultural Affairs Council $136,772 for the
encouragement, promotion, and improvement of all
forms of art in the community. These monies
represent $106,411 from the 1/2¢ hotel/motel tax
collected during FY 90-91, plus $30,361 from unspent
monies from previous years. The agreement provides
that a review committee of the Cultural Affairs
Council will receive and evaluate applications for
grants and make recommendations to the City Council
for awarding of these grants.
On January 23, 1992, the Council approved
recommendations for the Cultural Affairs Council for
the awarding of $75,126 for the second half of 1991.
The Council is now asked to consider the approval of
$62,513 in grant awards for the first of two grant
periods in 1992.
The $62,513 in grant awards now recommended, plus
the $75,126 in grants approved this past June, comes
to a total of $137,639, $867 more than the $136,772
provided by the 1992 Agreement. However, the
balance from previous years totals $30,663.13 and
this amount plus the $136,772 awarded in the 1992
Agreement leaves a balance of $29,796.13.
July 23, 1992
Page 603
Following is a listing of the recommendations of the
Cultural Affairs Council Review Committee:
Texas Tech University Cultural Events
"The Mysteries" and "Whats So Funny" $1,000
Texas Tech University
West Texas Regional Art Competition 5,200
Lubbock Christian University
Fall Music Program 2,000
Texas Tech UC Programs
Paul Rodriguez Comedy Concert 1,000
Texas Tech University
"Frida: The Last Portrait" 592
Lubbock Fine Arts Center
"Visual Vanguards" 5,000
Lubbock Symphony Orchestra
Symphony for the Schools 5,000
4th US Cavalry Regiment
3rd Annual Nat'l Horse Cavalry Olympics 3,000
Lubbock Community Theatre
"Big River" 5,000
West Texas Scottish Heritage Society
Texas Highland Scottish Fair 600
Texas Tech University Activities
Dance Theatre of Harlem 2,500
TTU Department of Art
"Relativity: An Artist's Invitational" 3,500
Lubbock Community Theatre
Acteen 5,000
Texas Tech University Theatre
American College Theatre Festival
Region VI 3,000
Ballet Lubbock
Nutcracker Ballet 7,000
University Civic Chorale
Family Christmas Concert 3,000
TTU College of Architecture
Fall Speaker & Exhibition Series 2,821
Bilingual/Multicultural Resource Center
Viva La Musica 2,300
Fiestas del Llano, Inc.
16 de Septiembre Fiestas Patrias 5,000
TOTAL $62,513
This past year, the Cultural Affairs Council
provided workshops to those interested in submitting
grant applications and as a result of increased
outreach efforts, the grants received and approved
represent greater ethnic diversity.
July 23, 1992
Page 604
92-51B-604-39O
( 5.)
The Cultural Affairs Council recommended this
proposal be approved so that this program continues
throughout 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Aderton to accept recommendations of
the Lubbock Cultural Affairs Council for awarding of
Arts Grants Program for the first of two grant
periods in 1992. Motion carried: 7 Yeas; O Nays.
A representative of Civic Lubbock, Inc. will appear
to present the Civic Lubbock, Inc. 1992-1993 Budget.
Mavis Miller, President of Civic Lubbock, Inc.,
appeared on behalf of the Civic Lubbock, Inc. Board
to present the 1992-1993 Budget.
According to Staff memo, the Agreement between the
City of Lubbock and Civic Lubbock, Inc. provides
that Civic Lubbock, Inc. prepare and present to the
City Council during the month of July of each year a
budget for the upcoming year. This budget is
presented for the information, input and direction
from the City Council.
The 1992-93 Civic Lubbock, Inc. budget shows
combined revenues of $1,216,497 and direct expenses
of $808,703. General operating expenses are
estimated at $68,274 for a total expense of
$876,977. Gross revenues are produced from ticket
sales and concessions, and direct expenses include
expenditures for concession operations, {i.e.
employee pay, cost of goods, etc.) and for ticket
sales/Select-A-Seat operations, (i.e. ticket seller
pay, office space, telephone, etc.). General
operating expenses include salary for one {l)
accountant, liability insurance, office supplies,
and other board expenses necessary for Civic
Lubbock, Inc. operations. Combined revenues reflect
an estimated 1% increase over the current year.
Staff anticipated that the 6% increase in
concessions revenues at Meadowbrook and the 3%
increase at the Civic Center will be offset by
decreases at both the Auditorium/Coliseum and
Select-a-Seat. The decreases are attributed to the
reduced seating capacity for concerts as a result of
the recently approved reserved seating policy.
Direct expenses reflect an 8% increase; an increase
of 9% is anticipated in general operating expenses,
and these increases are primarily due to overall
personnel expenses.
The amount estimated to be paid to the City is
$160,340, an increase of 1.5%, and an additional
amount of $8,928 will be paid to the Parks and
Recreation Department. These figures include the
Civic Center, Auditorium-Coliseum, and Meadowbrook
Golf Course concessions operations and also $14,000
in capital expenditures.
92-51B-605-391
( 6.)
July 23, 1992
Page 605
The Booking budget provides for $80,989 for specific
allocation for 19 events and an additional $25,000
in Booking Reserves for a total of $105,989 and
includes allocations for two events not previously
funded by Civic Lubbock, Inc. Some of the events
include Walk of Fame, Holiday Happening, Community
Christmas Party, Arts Festival, Fiestas, Lubbock
Symphony, and Ballet Lubbock. The new events are:
NCAA Volleyball/USA and Texas Tech Women's
Basketball Run & Gun Club.
Allocation for Art and Beautification is $7,125 and
with an additional $7,500 Reserve comes to a total
of $14,625. For the most part, expenditures in this
budget are for maintenance of the plant tree and
various planters located around and in the plaza of
the Civic Center.
Civic Lubbock, Inc. fulfills its chartered purpose
by returning all profits to the community through
the sponsorships or co-sponsorships of educational
and cultural programs, attractions and entertainment
events. During the past three years alone the
Booking budget has expended over $698,000 for the
fostering and promotion of the presentation of
events and activities for Lubbock and surrounding
areas. Staff memo also noted that by combining all
expenditures, including money paid to the City,
local vendors and labor, Civic Lubbock, Inc. will
have a direct impact of $1,292,576 on the local
economy.
A representative of the ADA Task Force will present
the ADA Transition Plan.
Mary Andrews, ADA Task Force Chair, stated that the
Americans with Disabilities Act was enacted on July
26, 1990 and when the final regulations were printed
in the Federal Register, the City organized a Task
Force made up of 20 City employees from various
departments to determine the impact on the City of
Lubbock.
According to Ms. Andrews, a requirement of the Act
is to develop a Transition Plan by July 26, 1992
which has two purposes. The first is to determine
the accessibility of City facilities for citizens
with disabilities and to outline what changes are
needed to bring the facilities into compliance. The
second purpose is to determine a process which
ensures compliance with curb ramp requirements for
City intersections.
Task Force members determined that 54 City
facilities are frequented by the public and surveyed
these buildings for compliance with ADA
Accessibility Guidelines (ADAAG). It was decided
that involvement in this process from persons with
disabilities was needed to have a valid plan and to
comply with the law and as a result, the Disability
Advisory Board (DAB) was assembled. This group
surveyed the eight most publicly used facilities and
prioritized the renovations needed and this method
will be used for the remaining facilities.
July 23, 1992
Page 606
{ 7.)
92-51B-606-392
{ 8.)
The DAB then surveyed curb ramps to determine the
type to be used for construction and then
prioritized the locations where these ramps should
be installed.
1. The Transition Plan was submitted to
the Council for information as to
the impact of complying with the
Americans With Disabilities Act and
for implementation approval when
funding sources become available.
2. A $35,000 capital project for
installing curb ramps in the FY
92/93 Streets Department budget was
proposed to Council. The Council
will also review a $100,000 General
Permanent Capital Maintenance Fund
for facility renovations.
3. In order to comply with the Act, the
Task Force is recommending that the
City seek long-term financing
through the issuance of General
Obligation bonds of possibly
$1 million to finance curb ramps
throughout the City. This will need
to be reviewed by the Citizens
Advisory Board that examines the
Capital Improvement Program.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to accept the ADA Transition
Plan as recommended by Staff. Motion carried: 7
Yeas; O Nays.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to approve the Minutes of the
July 9, 1992 Regular City Council meeting as
written. Motion carried: 7 Yeas; O Nays.
Consider Ordinance #9539 abandoning and closing a
30' Public Roadway Easement located in Section 1,
Block D-6 (7311 4th Street).
ORDINANCE #9539
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A PUBLIC ROAD
LOCATED IN SECTION I, BLOCK D-6, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This 30' wide Public Roadway Easement is located
south of 4th Street, 330' west of Upland Avenue, and
runs southward from 4th Street 1,320'. This
Easement which was dedicated in 1960 (Volume 828,
Page 57, Lubbock County Deed Records) has never
opened for public travel and Staff does not
anticipate that it will. The proponent of this
closure for platting purposes is Town and Country
Mobile Estates.
92-518-607-393
( 9.)
July 23, 1992
Page 607
According to Staff memo, the $150 application fee
has been paid and all utilities are in agreement.
There is no money due the City on this closure since
the proponent was the original grantor of the
Easement.
Staff recommended approval of this closure.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading
Ordinance #9539 as recommended by Staff. Motion
carried: 7 Yeas; O Nays.
Consider Resolution #3929 accepting 17th Year
Community Development sidewalk improvements in the
Arnett Benson area constructed by Hub City Pavers
(Project #3113-591607-000I).
RESOLUTION #3929
A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, the City of Lubbock heretofore entered into a contract
with Hub City Pavers, for the making of sidewalk improvements in said
City, including among others the following:
Arnett Benson Sidewalk Improvements --17th year.
WHEREAS, the construction of the above sidewalk improvements was
performed under the supervision of the Community Development
Administrator, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
terms of said Contract, Project No. 3113-591607-0001; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the sidewalk improvements BE and the same are
hereby accepted and the Community Development Administrator BE and is
hereby authorized to direct the final payment to the Contractor in the
amount of $1,783.79.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 23rd day of July, 1992.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
July 23, 1992
Page 608
92-51B-608-394
(10.)
This is a routine acceptance of sidewalk
improvements consisting of concrete sidewalk, curb
and gutter, and driveway approaches.
According to Staff memo, the total contract amount
is $34,795 and the final construction cost was
$35,675. This project overran the contract amount
based on estimated quantities by $880 and no
additional work was authorized. The final as-built
quantities exceeded the estimated quantities causing
the $880 overrun. Final payment of $1,783.79 is due
the contractor with this acceptance.
Staff recommended approval of this Resolution.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize Resolution #3929 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Consider Resolution #3930 authorizing acceptance of
water and sewer improvements for Lots 1-38, King's
Park Addition.
RESOLUTION #3930
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
1 THROUGH 38, KING'S PARK ADDITION.
WHEREAS, the developer of Lots 1 through 38, King's Park 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 $96,595.13
with the improvements constructed by Craft Construction Company, having
a value of $83,833.82 as determined by the unit prices established by
said Chapter 28, and $12,761.31 cash paid to the City which includes
$2,533.80 transferred funds for adjacent lines, with King's Row-Lubbock
Development, Inc., the developer to receive a refund of $40,518.35 in
accordance with Chapter 28 of the Code of the City of Lubbock and a
refund of deposit in the amount of $0, and
July 23, 1992
Page 609
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $40,518.35
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 23rd day of July, 1992.
ATTEST:
/s/ Ranette Boyd
Isl David R. Langston
DAVID R. LANGSTON, MAYOR
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Michael E. Murphy
Michael E. Murphy, Senior
Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
Assistant City Attorney
According to Staff memo, this is a routine
acceptance of water and sewer improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$96,595.13 including value of construction costs of
$83,833.82 and $12,671.31 cash paid to the City of
Lubbock {includes $2,533.80 transferred funds for
adjacent lines). The developer Lubbock Development
Inc., will receive a refund of $40,518.35 in
accordance with Chapter 28 of the Code of the City
of Lubbock; however, based on the original estimates
there is no refund of the deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize Resolution #3930 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
July 23, 1992
Page 610
92-51B-610-395
(11.)
92-51B-610-396
(12.)
92-51B-610-397
(13.)
92-51B-610-398
(14.)
BID #12075--High voltage cable (Central Warehouse}.
Temple, Inc.--10,000' cable, 15KV, 1/0.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
BID #12101--Mosguito control insecticide (Health
Department).
Estes, lnc.--900 gl. ULV concentrate insecticide for
mosquito control.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; O Nays.
BIO #11991--Fire hose (Fire Department).
Machine Tool Components, Inc.--4,000' 5" supply line
fire hose; 5,000' 1-3/4" attack line fire hose.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; O Nays.
BID #12057--4-0 Multibar-cable (Central Warehouse).
Cummins Supply, Amarillo--550 ea. 4/0 Multibar URO
connector; 12,000' cable, two 350 MCM phase
conductor and one 4/0 neutral conductor in 2-1/2"
plastic pipe.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
July 23, 1992
Page 611
92-51B-611-399
(15.) BID #12084--Home Security Program (Community
Development).
RESOLUTION #3931
BE IT RESOLVED BV 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
Subcontractor Agreement for a Home Security Program Services, 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 July, 1992.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Svlvia A. Martinez
Sylvia A. Martinez-Flores
Community Services Supervisor
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Isl David R. Langston
DAVID R. LANGSTON, MAYOR
CITY OF LUBBOCK -COMMUNITY SERVICES DEPARTMENT
HOME SECURITY PROGRAM -SUBCONTRACTOR AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement made and entered into this 23rd day of July, 1992,
is by and between the CITY OF LUBBOCK-COMMUNITY SERVICES DEPARTMENT,
hereinafter referred to as CITY, and
of -=-==-=-==-----' Texas, her-e1.,-· n-a-=f,,...te_r_r-ef""""'e_r_r-ed..,......,t-o-as ___ _
SUBCONTRACTOR.
SECTION 1. CONTRACT PERFORMANCE.
A. SUBCONTRACTOR will, in a satisfactory manner as determined by the
CITY, provide turnkey installation of exterior doors and all items
required in such installation. Installation of these products
shall be in accordance with the manufacturer's instructions.
B. SUBCONTRACTOR agrees to install the approximate quantity of 100
residential units, although actual quantities may be more or less.
C. SUBCONTRACTOR agrees to furnish materials, labor, transportation,
and expenses necessary in the performance of this Agreement, and
is responsible for any damages or injuries that occur as a direct
result of services being performed.
July 23, 1992
Page 612
D. SUBCONTRACTOR and CITY agree that all work will be awarded and
performed by the issuance of a work order. Both parties will sign
the work order, thereby agreeing to what work will be required.
Such work orders shall be made part of this Agreement as if fully
set out herein.
E. SUBCONTRACTOR guarantees that all work will be completed in the
required time and in sequence as agreed upon between CITY and
SUBCONTRACTOR.
F. SUBCONTRACTOR guarantees all workmanship performed on completed
units will be to industry standards. Completed units will be
inspected by CITY before payment can be made. Any work that is
determined to be unsatisfactory by CITY must be reworked within
seven (7) days at the SUBCONTRACTOR'S expense. Payment will not
be made until the work performed has been completed to the
satisfaction of the CITY.
G. SUBCONTRACTOR hereby agrees to accept total responsibility for
payment to vendors, employees and/or subcontractors with whom he
has made arrangements. Such arrangements will not be the
responsibility of the CITY.
H. SUBCONTRACTOR shall maintain the confidentiality of all records
and information as required by the CITY.
SECTION II. CITY OBLIGATIONS.
A.
B.
Method of Payment.
The CITY agrees to make payment thirty {30) days after all
invoices are submitted and final inspection is performed. Such
final inspections shall be evidenced by written certification of
satisfactory completion by the CITY and certification of
workmanlike completion by SUBCONTRACTOR.
Amount of Payment.
Payment will be made in the amount stated on the work order
executed pursuant to the accepted bid submitted to the CITY.
SECTION Ill. TERMINATION.
A. This Agreement may be terminated by either party upon giving
thirty (30) days written notice to the other party.
July 23, 1992
Page 613
SECTION IV. CONTRACT PERIOD.
The period for performance of this Agreement shall commence on
, 19 and terminate on -------------, 19==.
IN WITNESS THEREOF, the parties to this Agreement have executed
this Agreement on _____________ , 19 __
CITY OF LUBBOCK, TEXAS: SUBCONTRACTOR:
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
BY: TIT..,....L=-E----------
ADDRESS --------
ATTEST: ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia A. Martinez-Flores
Sylvia A. Martinez-Flores
Community Services Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
NOTE: CIRCLE DRIVE CONTRACTOR DID NOT MEET INSURANCE REQUIREMENTS BID
WAS REJECTED AND AGREEMENT NEVER SIGNED.
92-518-613-400
(16.}
Circle Drive Contractor--50 ea. 32"X80"Xl-3/4"
pre-hung door unit with hardware and installation;
50 ea. 36 11 X80 11 Xl-3/4 11 pre-hung door unit w/hardware
and installation.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; O Nays.
ORDINANCE #9540--Zone Case #1893-P {west of
Frankford and south of 3rd Street)--Hold a Public
Hearing to consider request of David Goyette {for
Texas Commerce Bank) for zoning change from GO to
A-1 on Tract D, Shadow Hills Addition.
ORDINANCE #9540
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-P; A ZONING CHANGE FROM GO TO A-1 ZONING ON TRACT D, SHADOW HILLS
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette appeared on behalf of Texas Commerce
Bank to present this request for zone change.
Mayor Langston opened the public hearing at 11:10
a.m.
James Weimer and Ramiro C. Martinez spoke in
opposition to this request.
July 23, 1992
Page 614
Randy Henson, Senior Planner, stated that in 1975
the original zone case for Shadow Hills was
processed under the planned unit development concept
presently in the Specific Use Section of the Code.
The background of planned unit developments is based
on the theory that a single developer of a large
area of land, in this case one square mile, can be
allowed more flexibility in the location and density
of both residential and commercial development since
the actions affect only or primarily the land of the
owner and do not spill over into adjacent separately
owned projects. Shadow Hills was developed with a
golf course as common open space. The land consumed
by the common open space is usually recouped on a
net basis by having higher density apartments and
smaller individual residential lots.
According to Staff memo, in 1979, the 1975 Master
Plan for Shadow Hills was revised slightly by a zone
change; the bulk of the subdivision remains zoned as
the 1979 Amendment, noting two important points:
The first was that the land north of 3rd Street,
west of Frankford, east of the alley behind the club
house and south of the alley parallel to 2nd Street
is zoned A-1 (Apartment District) with a density
requirement of one unit per 1,800 square feet of
land. The enclave of residential that has been
platted and developed as free standing single-family
residences is an R-1 use in an A-1 zone. The A-1
District allows all permitted uses in the R-1 and
R-2 Districts.
In 1984, rather than amend the A-1 zoning, the
developer requested a variance for the area noted
above through the Zoning Board of Adjustment that
allowed the current style of development, described
in that case as smaller houses on smaller lots and
the details were: 1) A minimum lot of 4,000 square
feet (versus 5,000 square feet normally); 2) A
minimum lot width of 40' (versus none now); 3) A
minimum front 15' setback (garage at 20') (versus
25' standard setback in R-1). This action did not
change the A-1 zoning in the area.
The second point was that in 1985, the area was
re-zoned from A-1 to Garden Office (GO) in the
original surge of zone cases to the then new zoning
district. Briefly stated, the proponent is asking
to return to the 1975-86 zoning status of A-1.
The adjacent land use to the north is residential,
to the south is commercial, to the east is single
family, and to the west is commercial and
residential. The request conforms to the current
Comprehensive Land Use Plan which was modeled in
conformance to the original zoning. The response
forms indicate a normal response from single-family
owners when apartment zoning is requested.
Staff recommended consideration of a condition for
site plan review prior to issuance of a building
permit with special attention to the development
along 3rd Street for the benefit of land owners
north of 3rd Street and to consider sending notice
of the site plan review to those along 3rd Street.
The agent for the proponent indicated that the
developer would agree to the site plan requirement
only if considered necessary by the Planning and
Zoning Commission.
92-51B-615-401
(17.)
July 23, 1992
Page 615
Frankford is a designated thoroughfare and the
proposal should have no long-term serious effects on
traffic in the vicinity. Current residents are used
to a low traffic count because of a lack of
development in the area.
The Planning and Zoning Commission recommended
approval of this request subject to the following
condition:
1. That a site plan, including building
elevations showing materials, color,
and texture be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a building permit. Notice will be
sent to the residents north of 3rd
Street that are in the 200' notice
area.
With the recommended condition of site plan review,
the Staff supported the recommendation of the
Planning and Zoning Commission.
Mayor Langston closed the hearing at 11:26 a.m.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to pass on first reading
Ordinance #9540 with condition recommended by P&Z
and City Staff. Motion carried: 4 Yeas;
2 Nays--Mayor Langston and Councilman Ince;
1 Recused--Councilman Cooke.
ORDINANCE #9541--Zone Case #2689 (southeast corner
of 19th and Ouitsna Avenue or 9401 19th Street}--
Hold a Public Hearing to consider request of Melvin
L. Hover (for Errol E. McRill) for zoning change
from R-1 to C-4 on a tract out of the west one-half
of the northwest quarter of Section 6, Block 0-6.
ORDINANCE #9541
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 ANO THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2689; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF THE WEST
1/2 OF THE NORTHWEST QUARTER OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:29
a.m.
Steve Gillium appeared on behalf of Errol E. McRill
to present this request for zone change.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:30 a.m.
Ju1y 23, 1992
Page 616
Randy Henson, Senior Planner, stated that this case
is submitted consistent with a large number of cases
outside the Loop on 19th Street. The adjacent land
use to the north is vacant with assorted uses; to
the south trailer park, it is vacant with a trailer
park; to the east it is vacant with some
residential; and to the west it is commercial and
residential. The request is consistent with the
Comprehensive Land Use Plan and zoning policy, and
the property is subject to platting requirements
prior to building permits. The request should have
no substantial impact on traffic in the vicinity.
Subject to the two conditions the request was
recommended by the Planning and Zoning Commission.
The Planning and Zoning Commission recommended
approval of this request subject to the following
conditions:
1. That the C-4 uses be limited to:
a. Uses unconditionally permitted in
the C-4 zoning district except:
(1) Automobile Body Shops;
{2) Billboards;
{3) Commercial Private Clubs
and Teenage Clubs;
(4) Dancehall;
(5) Feed Store;
(6) Used Furniture Store;
(7) Gameroom (except as an
incidental use in a
restaurant), Pool
Billiard and/or Domino
Parlor;
(8} Motorcycle Shop;
(9} Public Kennel;
(10) Second-hand Goods Stores
or Pawn Shop;
(11) Used Car Lot; and
(12) Nightclubs.
2. That a Site Plan, including building
elevations showing materials, color,
and texture be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a building permit.
With the conditions recommended, Staff supported the
P&Z recommendation.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on first reading
Ordinance #9541 with conditions recommended by P&Z
and City Staff. Motion carried: 7 Yeas; 0 Nays.
July 23, 1992
Page 617
92-518-617-402
(17A.) Consider Resolution #3932 authorizing the Mayor to
sign the Contract with Farm Progress Company.
RESOLUTION #3932
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 between the City of Lubbock and Farm Progress Companies, Inc.,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of July, 1992.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
AGREEMENT
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT (the "Agreement"} made this 23rd day of July, 1992 .
between the CITY OF LUBBOCK, a municipal corporation organized under the
laws of Texas and having its principal offices at 1625 13th Street,
Lubbock, Texas 79401 (the "City") and FARM PROGRESS COMPANIES, INC., a
corporation organized under the laws of Illinois and having its
principal offices at 191 South Gary Avenue, Carol Stream, Illinois 60188
("Farm Progress").
WHEREAS, the City is the owner of approximately 800 acres of land
described in Exhibit A attached hereto (the 11 Site 11
); and
WHEREAS, Farm Progress is the owner of Texas Farmer-Stockman
magazine (the "Magazine"}; and
WHEREAS, Farm Progress desires to conduct on the Site an annual
farm and stock show sponsored by the Magazine (the 11 Show"); and
WHER.EAS, the City has agreed that Farm Progress may use the Site
for the Show, on the terms and conditions set forth herein.
July 23, 1992
Page 618
NOW, THEREFORE, the parties agree as follows:
1. Term. The term of this Agreement shall begin on August 1,
1992 and expire on December 31, 2002 {the 11 Term 11
), subject to prior
termination as provided in paragraph 11.
2. Use of the Site. The City hereby grants to Farm Progress a
license for the exclusive use of the Site for the Show during a three-
day period each year in mid-October beginning in 1993 {the 11 Show Oates 11
}
and otherwise as required by Farm Progress in connection with the
preparation for and activities relating to each Show. The City will
provide Farm Progress with ready access at all times to the Site for
such purposes.
3. Show Dates. The Show Oates for the first Show will be
October 12, 13 and 14, 1993. The
are as follows:
Show Oates for each subsequent Show
1994 -October 11, 12, 13 1999 -October 12, 13, 14
1995 -October 10, 11, 12 2000 -October 10, 11, 12
1996 -October 8, 9, 10 2001 -October 9, 10, 11
1997 -October 7, 8, 9 2002 -October 8, 9, 10
1998 -October 13, 14, 15
4. Fee. As full consideration for use of the Site, Farm
Progress will pay the City a fee of $1.00 per acre of land on the Site,
or $800.00 (the "Fee"} per Show. The Fee for the 1993 Show will be paid
at least 30 days prior to the Show Date and the Fee for any subsequent
Show will be paid at least 30 days prior to each Show Date.
5. Preparation of the Site. Farm Progress and the City will
make improvements to the Site prior to the 1993 Show as described in
this paragraph 5.
(a} Farm Progress will lay out the Site to provide for
visitor parking, exhibitor parking, an exhibit field, seed
demonstration plots and field demonstration areas, consisting of
approximately the following number of acres:
80 acres . . . . . Visitor Parking Area
20 -25 acres . . . . Exhibitor Parking Area
60 -70 acres . . . . Exhibit Field
15 -25 acres Seed Demonstration Plots
500 -600 acres Field Demonstration Areas
{b) Farm Progress will make the following improvements on
the Site: (i} seeding of the Exhibit Field with a perennial grass;
(ii} installation of a gravel, caliche or dirt road at Farm
Progress; election, leading from public roads to the Exhibit Field
as well as roads within the Exhibit Field; and (iii} installation
of telephones and an underground electrical system for use by
exhibitors on the Exhibit Field.
(c) The City will supply and make readily accessible to
Farm Progress and its contractors caliche required to construct
and/or install the Exhibit Field and roads described in
subparagraph (b) above. The City will also provide to Farm
Progress, through the Lubbock Power and light Company up to 32 KVA
transformers for installation as part of the underground
electrical system and any necessary replacements thereto.
(d} The City will provide for potable drinking water on the
Site sufficient for Show visitors.
July 23, 1992
Page 619
6. Farming of Field; Demonstration; Grass and Seed
Demonstration Plots.
(a) The City will be responsible for carrying out all farming
operations on the Field Demonstration Areas, including land preparation,
planting and cultivating crops such as cotton, corn, soybeans and grain
sorghum according to the acreage requirements designated by Farm
Progress, irrigation, and shall be responsible for the repair and
maintenance of such acreage. The City will provide the services of the
Farm Manager of the City of Lubbock (the "Farm Manager") to carry out
such responsibilities, and the City and Farm Manager will inform Farm
Progress of farm operations on the Field Demonstration Areas on a
regular basis. Since timing of the field work and maturity of the crops
is important in order for field demonstrations to be conducted at the
Show, the Farm Manager will give priority to those objectives. Farm
Progress will attempt to harvest as much of the crops as possible before
and during the Show, subject to crop maturity and weather. The City
will be responsible for any harvest not completed by the end of the Show
and will be entitled to retain the crops and all proceeds from the sale
of the crops.
(b) Farm Progress will plant and cultivate all seed variety and
herbicide plots for the Seed Demonstration Plots. The City will harvest
the plots after the Show and will be entitled to retain the crops and
any proceeds from their sales. Farm Progress may require a tractor and
planter or drill from the Farm Manager to seed the plot area.
(c) By March 1st of each year, Farm Progress will submit to the
City a proposed water plan for crop needs in the Field Demonstration
Areas and the Seed Demonstration Plots. Minimum and maximum amounts of
water for such acreage will be determined by mutual agreement.
7. The Show.
(a) Farm Progress will have the sole and exclusive right to
operate and manage the Show to determine the Show program, Show
activities and exhibitor qualifications and to charge and retain any
fees to visitors and other persons in connection with the Show.
(b) Farm Progress will have the sole and exclusive right to
promote the Show, including, to the extent desired by Farm Progress,
printing advertisements in the Magazine. The City may not give Show
exhibitors, suppliers of merchandise or structures for the Show or any
other person (including representatives of the City) any privileges of
display or demonstration, such as posting signs, handing out literature
or promoting products, prior to or during any Show without the approval
of Farm Progress.
{c) The name of the Show, any trademarks used in connection with
the Show and the Show itself shall be owned solely by Farm Progress.
8. Equipment, Improvements and Maintenance. Farm Progress
shall have the right to keep, use and store equipment on the Site, to
improve the Site in connection with the Show, and to change the layout
of the Site. Any permanent structure either party desires to be erected
on the Site shall be subject to the prior mutual approval of Farm
Progress and the City. All improvements installed or erected by the
City shall be maintained by the City. Without limiting the foregoing,
the City expressly agrees that it will maintain during the entire term
in good condition the center pivot irrigation systems present on the
Site on the date hereon as well as the drinking water system. Farm
Progress agrees to perform all maintenance on the Site that is not
otherwise the responsibility of the City. Upon the expiration or
termination of this Agreement, Farm Progress shall have the right at its
expense to remove any or all equipment, buildings and other improvements
which Farm Progress owns or has provided. Any equipment or improvements
not removed shall be deemed abandoned by Farm Progress.
July 23, 1992
Page 620
9. Insurance. Each party will maintain during the Term
comprehensive all-risk property insurance or self-insurance covering its
own personal property, fixtures, equipment and improvements on the Site.
Farm Progress will maintain during the Term general liability insurance,
with both parties as named insureds, in an amount not less than two
million dollars per occurrence for property damage, bodily injury and
product liability, covering all the activities of Farm Progress in
holding the Show. Each party will deliver certificates of insurance or
certificate of self-insurance to the other party evidencing the
insurance coverage obtained by such party.
10. Representatives and Warranties; Indemnification.
(a) The City hereby represents, warrants and covenants to Farm
Progress that:
(i} The City is a municipal corporation duly organized,
validly existing and in good standing under the laws of the State
of Texas, and the City shall do whatever is necessary to maintain
such status;
(ii) This Agreement is the legal, valid and binding
obligation of the City, enforceable in accordance with its terms;
(iii) The City is the sole and exclusive owner of the Site,
which Site is not subject to any condition or encumbrance which
conflicts with this Agreement or which would interfere with the
holding of the Show;
(iv) The City has full power and authority to enter into
and perform this Agreement and to grant the rights granted herein
and shall do whatever may be necessary to enable it to perform its
obligations hereunder and grant such rights during the entire
Term;
(v) The City has not entered into any agreement or
understanding with any third party or permitted any act or
occurrence which conflicts with this Agreement or which would
interfere with the holding of the Show;
(vi) Any right to use the Site granted by the City to any
third party will be subject and subordinate to the rights granted
to Farm Progress hereunder and will not interfere with the use of
the Site for the Show;
(vii) The use of the Site for the Show does not violate any
zoning or other laws and regulations;
(viii) The City will not sell or transfer the Site prior to
the expiration or termination of this Agreement without the prior
written consent of Farm Progress and, should Farm Progress consent
to any such sale, the deed to the purchaser shall recite the
existence of this Ag~eement and require the purchaser to take
title subject to the rights of Farm Progress granted herein; and
(ix) No action, suit, claim, investigation or proceeding is
pendingt or to the best of the City's knowledge, threatened
against the City which would prevent the City from performing its
obligations pursuant to this Agreement or which would interfere
with the holding of the Show.
July 23, 1992
Page 621
(b) Farm Progress hereby represents, warrants and covenants to
the City that:
(i) Farm Progress is a corporation duly organized, validly
existing and in good standing under the laws of the State of
Illinois, and it shall do whatever is necessary to maintain such
status;
(ii} This Agreement is the legal, valid and binding
obligation of Farm Progress, enforceable in accordance with its
terms; and
(iii) No action, suit, claim, investigation or proceeding
is pending, or to the best of Farm Progress' knowledge, threatened
against Farm Progress which would prevent Farm Progress from
performing its obligations pursuant to this Agreement or which
would interfere with the holding of the Show.
(c) The representations and warranties set forth herein shall
survive the termination or expiration of this Agreement for any reason
and shall be true and correct as of the date of this Agreement and
thereafter with respect to each Show.
(d) Each party agrees to indemnify and hold harmless the other
party for any loss, damage, expense, claim or charge, including
attorney's fees, arising out of or relating to any breach or alleged
breach of the representations, warranties, covenants and agreements made
hereunder by such indemnifying party.
11. Termination. If at any time after the 1993 Show, Farm
Progress decides that the prospects for the Show are not favorable, it
may terminate this Agreement by giving written notice thereof to the
City, provided, however, that notice of termination of this Agreement
with respect to any Show must be given on or prior to the preceding
November 15th.
12. Non-Competition. Each party agrees that during the Term
thereof and for one year after the termination or expiration hereof for
any reason, it will not, without the prior written consent of the other
party, sponsor or participate in any manner in, or enter into any
agreement or lease (including with respect to the City a lease or
license of any part of the Site; with any third party for the purpose of
sponsoring or participating in any manner in an agricultural event or
farm or stock show in the City of Lubbock which is similar to the Show
or which would compete with or interfere with the Show. This provision
shall not be construed to apply to the South Plains Fair conducted
annually in Lubbock.
13. Relationship. Neither party is authorized to bind the other
party except as specifically permitted herein. Nothing herein shall be
construed to mean that the parties are joint venturers, partners or
employer-employee.
14. Governing Law. This Agreement shall be governed by and
construed solely in accordance with the laws of the State of Texas.
15. Assignment. Farm Progress shall have the right to assign
this Agreement to any parent, subsidiary or affiliate of Farm Progress
or to any purchaser or transferee of the Magazine or of a majority of
the stock or substantially all of the assets of Farm Progress. The City
may not assign this Agreement without the prior written consent of Farm
Progress. This Agreement shall be binding on the respective successors
and permitted assigns of the parties.
July 23, 1992
Page 622
16. Notices. Any notice required to be given hereunder shall be
in writing and sent by U.S. mail, courier service, facsimile or hand
delivered and shall be deemed given on the earlier of actual receipt or
five days after deposit in the U.S. mails. Any such notice shall be
addressed as follows {or as either party shall have previously notified
the other party in accordance with this paragraph):
If to the City, to:
David R. Langston, Mayor
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attention: ------------
with a copy to:
Carroll McDonald, Assistant City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attention:
If to Farm Progress, to:
Farm Progress Companies
191 South Gary Avenue
Carol Stream, IL 60188
Attention: Thomas Budd,
Vice President, Publisher
with a copy to:
Capital Cities/ABC, Inc.
77 West 66th Street
New York, NY 10023
Attention: Catherine A. Bostron, Esq.
Legal Department
17. Recording of Agreement. At the option of Farm Progress,
this Agreement, or a short form hereof, may be recorded in the office of
the County Clerk, Lubbock County, Texas.
July 23, 1992
Page 623
18. Miscellaneous. This Agreement and Exhibit A attached hereto
constitute the entire agreement and understanding of the parties and
supersede all prior agreements and understandings between them, whether
written or oral, with respect to the subject matter hereof. This
Agreement may not be amended except in writing signed by the party to be
charged. In the event any provision of this Agreement is held to be
illegal or unenforceable, it shall not affect any other provisions
hereof and, if possible, such illegal or unenforceable provision shall
be deemed re-written to the extent necessary to make it legal and
enforceable.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
as of the date and year first written above.
THE CITY OF LUBBOCK:
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald, Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
FARM PROGRESS COMPANIES, INC.
/s/ Allan R. Johnson
ALLAN R. JOHNSON, PRESIDENT
EXHIBIT A
DESCRIPTION OF SITE
Plot No. 9 -South Hall; Plot No. 15 -Delwin Jones; Plot No.
25 -North Anderson; Plot No. 17 -South Anderson; Plot No. 14 -5 Tower
(Boles); and Plot No. 35 -Boles Border Ground, as described on the map
dated See Below and recorded in Book __ , Page __ in the office of
the County Clerk, Lubbock County, Texas.
9
15
15
25 -
17
14 -
35
-Volume 2986 Page 272 Date 12/12/88
-Volume 2853 Page 43 Date 07/07/88
-Volume 2837 Page 129 Date 07/07/88
Volume 3378 Page 301 Date 06/29/90
Volume 2318 Page 73 Date 09/30/86
Motion was made by Councilman Cooke, seconded by
Councilman Ince to authorize Resolution #3932 as
recommended by Staff. Motion carried: 7 Yeas; O
Nays.
July 23, 1992
Page 624
92-518-624-403
(18.) Consider Resolution #3933 amending City Council
Order of Business. Rules and Procedures to address
conducting City Council Meetings at locations other
than the Municipal Building.
RESOLUTION #3933
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to amend the
City Council Order of Business, Rules and Procedures as set forth in
Volume 1, Policy and Procedures Manual, with regard to the time and
place of City Council meetings and work sessions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Subparagraph III(A)(l) of the City Council Order
of Business, Rules and Procedures contained in Volume l, Policy and
Procedures Manual, is hereby amended to read as follows:
I. Regular Council Meeting --The City Council shall meet twice
each month in the City Council Chamber, Municipal Building
on the second and fourth Thursdays at 10:00 a.m. or at such
other times and places as shall be selected by the City
Council by motion or consensus. City Council meetings are
open to the public in accordance with the Texas Open
Meetings Act, Vernon's Ann.Civ.St., Art. 6252-17, the Open
Meetings Act requires any deliberation between a quorum of
members of a governmental body to be conducted at a meeting
open to the public pursuant to a 72 hour previous posting of
the agenda of the meeting.
The only exception is for a gathering at social functions at
which no public business is discussed.
SECTION 2. THAT Subparagraph III(A)(l)(a) of the City Council
Order of Business, Rules and Procedures contained in Volume 1, Policy
and Procedures Manual, is hereby amended to read as follows:
(a) Work Sessions --Work session meetings of the City Council
shall commence at 8:30 a.m. twice each month immediately
preceding the regular meeting of the City Council except
that when the City Council has by motion or consensus
changed the time and place of a regular City Council
meeting, the work session shall begin one and a half hours
prior to the start of the regular meeting. Any agenda items
which Council members may have any concerns about are
discussed. Although no Council action may be taken, work
sessions afford Council members the opportunity to voice
concerns, obtain information, and question the propriety of
any agenda item. Work sessions are open to the public.
SECTION 3. THAT Paragraph 1, City Council Terms and Definitions,
City Council Order of Business, Rules and Procedures contained in Volume
1, Policy and Procedures Manual, is hereby amended to read as follows:
1. Regular Council Meeting --These are the regular twice
· monthly City Council meetings held on the second and fourth
Thursdays of each month.
SECTION 4. THAT Paragraph 2, City Council Terms and Definitions,
City Council Order of Business, Rules and Procedures contained in Volume
1, Policy and Procedures Manual, is hereby amended to read as follows:
2. Work Sessions --Work sessions are normally held prior to
regular City council meetings. No Council action may be
taken, but it does afford Council members the opportunity to
voice concerns, obtain information, and arrive at a
consensus on City business.
July 23, 1992
Page 625
SECTION 5. THAT all Resolutions heretofore passed by the City
Council that may be in conflict with the terms of this Resolution are
hereby rescinded as to the extent of any such conflict.
SECTION 6. THAT the City Manager, or his designee, shall
incorporate these amendments into the City Council Order of Business,
Rules and Procedures of Volume 1, Policy and Procedure Manual of the
City of Lubbock.
Passed by the City Council on this 23rd day of July, 1992.
ATTEST:
Isl Ranette Boyd
Isl David R. Langston
DAVID R. LANGSTON, MAYOR
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Anna Mosqueda
Anna Mosqueda, Assistant to the
City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
This Resolution is necessary to provide Council the
flexibility to set City Council meetings at
locations other than the Municipal Building Council
Chambers.
At the July 9, 1992 City Council meeting, this
resolution was entered into the record and approval
of the resolution at this meeting will authorize the
amendment to be incorporated into the Council Order .
of Business Rules and Procedures.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to authorize Resolution
#3933 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
July 23, 1992
Page 626
92-51B-626-404
(19.) Consider Resolution #3934 amending City Council
Order of Business. Rules and Procedures which
addresses changing Council vote on Boards and
Commissions appointed by vote of Council from
unanimous to a majority vote.
RESOLUTION #3934
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to amend the
City Council Order of Business, Rules and Procedures as set forth in
Volume 1 of the above referenced Rules and Procedures, to provide for a
majority vote of the City Council in appointing citizens to City Boards
and Commissions.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT paragraph 12 of "City Council Terms and
Definitions" adopted by Resolution No. 2529 of the City Council of the
City of Lubbock and located in Volume 1, page 1-23 of the "Order of
Business, Rules and Procedures Manual" of the City Council is hereby
amended to read as follows:
(12) Unanimous Vote - A unanimous vote occurs when all of
the Council in attendance vote in the affirmative or
negative on an issue.
SECTION 2. THAT subparagraph Ill(A)(6) of the City Council Order
of Business, Rules and Procedures contained in Volume 1 of said Rules
and Procedures, is hereby amended to read as follows:
(6) Unanimous Vote - A unanimous vote occurs when all of
the Council in attendance vote in the affirmative or
negative on an issue.
July 23, 1992
Page 627
SECTION 3. THAT subparagraph III(B)(ll)(a) of the City Council
Order of Business, Rules and Procedures contained in Volume 1 of said
Rules and Procedures is hereby amended to read as follows:
(a) Board Appointments -Councilmembers should be prepared
to set forth names of those individuals willing and
able to serve on a board, committee or commission.
These appointments require a majority vote of the
Council and nothing in these Rules and Procedures
shall ever be construed as requiring more than a
majority vote for such appointments unless required by
State law. It should be noted that some specific
boards and commissions are created by State law and
may have special requirements. The Council may create
other committees, boards and commissions to assist in
the conduct of the operation of the City government
with such duties as the Council may specify not
inconsistent with the Charter or Code of the City.
Any committees, boards, or commissions created shall
cease to exist upon the accomplishment of the special
purpose for which it was created, or when abolished by
a majority vote of the Council.
Passed by the City Council this 23rd day of July, 1992.
ATTEST:
/s/ Ranette Boyd
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Assistant to the
City Manager
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
At its June 25 Council meeting, the Council heard
recommendations by an ad hoc committee appointed by
the Mayor comprised of representatives from the
Committee for Women, Community Services Commission,
League of Women Voters, and community volunteers,
regarding the appointment process for advisory
boards and commissions.
This resolution will change the following sections
in Volume I of the City Council Order of Business,
Rules and Procedures to allow unanimous vote of
Council for advisory board appointments:
1. Paragraph 12, page 1-23 of City
Council terms and definitions.
2. Subparagraph III(A){6).
3. Subparagraph IIl(B)(ll)(a).
July 23, 1992
Page 628
92-518-628-405
{20.)
This resolution was entered into the record at the
July 9 Council meeting, and will now be approved to
authorize the amendment to be incorporated into the
Council Order of Business, Rules and Procedures.
Motion was made by Mayor Pro Tern Trejo, seconded by
Councilman Patterson to authorize Resolution #3934.
Motion was made by Councilman Ince, seconded by
Councilman Cooke to amend Resolution #3934 allowing
a consensus vote. Motion failed: 3 Yeas; 4 Nays--
Councilman Patterson, Councilman Aderton, Mayor
Langston and Mayor Pro Tern Trejo.
Mayor Langston stated that allowing a consensus vote
for board appointments is contrary to the results of
a survey of other cities.
RFP #11986--Computer Hardware Maintenance
(Information Services).
At the July 9, 1992 City Council meeting, Council
was presented with Staff recommendations for the
award of computer maintenance bids.
According to Staff memo, this particular bid was
handled through the "high technology purchases''
statute and is an evaluated bid rather than a
competitive sealed bid.
The committee charged with the responsibility of
evaluating these proposals found the responses from
IBM and DEC to be more responsive than that of RSI
on both the emergency services and municipal
business systems. Although the total costs bid by
RSI were lower on both systems than those of the
recommended vendors, an evaluation of other elements
of the proposals found the IBM and DEC responses to
be preferable.
With regard to the municipal business system
maintenance, the recommended vendor is able to
maintain all of the equipment (RSI is unable to do
so), is able to guarantee a more rapid response
time, demonstrated greater and more relevant
references, and demonstrated the ability of staff
members assigned to the project to appropriately
handle the Contract. While RSI did bid on all
pieces of equipment associated with the emergency
services system, the same general assessment holds
true for the relative position of the recommended
vendor and RSI with regard to all other aspects of
the emergency services system.
Staff recommended that Council uphold the review
committee's findings and that the contracts be
awarded to IBM and DEC.
Motion was made by Councilman Neugebauer, seconded
by Mayor Pro Tern Trejo to authorize bid meeting
specifications as recommended by the review
committee. Motion carried: 7 Yeas; 0 Nays.
92-51B-629-406
(21.)
92-51B-629-407
(22.)
92-51B-629-408
(23.)
July 23, 1992
Page 629
Hold an Executive Session to discuss personnel
matters regarding duties. responsibilities, and/or
appointments to:
Canadian River Municipal Water Authority
Lubbock Industrial Development Corporation
Airport Board
Lubbock Civic Centers Board
Community Services Commission
MHMR Board of Trustees
MHMR Public Responsibility Committee
Keep Lubbock Beautiful Advisory Board
Community Development Advisory Board
Human Relations Commission
Building Board of Appeals
Citizens Traffic Commission
Electric Utility Board
Permit and License Appeal Board
Public Transit Advisory Board
Municipal Garden and Arts Center Advisory Board
Stormwater Advisory Committee
Boards and Commission Advisory Board
Consider one appointment to the Canadian River
Municipal Water Authority. The term of George C.
Wilson will expire July 31, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Canadian River Municipal Water Authority. Motion
carried: 6 Yeas; O Nays.
Consider four appointments to the Lubbock Industrial
Development Corporation. The terms of Alan Henry.
Moises Perez, George Scott. Jr .• and David Seim will
expire July 24, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Lubbock Industrial Development Corporation. Motion
carried: 6 Yeas; 0 Nays.
July 23, 1992
Page 630
92-518-630-409
{24.)
92-51B-630-410
(25.)
92-51B-630-411
{26.)
92-518-630-412
(27.}
92-518-630:.413
{28.)
Consider five appointments to the Airport Board.
The terms of O.V. Scott, Jr., James Schiermeyer, E.
Jack Brown, Joe R. Horkey. and Or. Hazel Taylor will
expire August 11, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint O.V. Scott, Jr.
and appoint Jeanne Knapp, Beverly McBeath, Randy
Andrews, and D.C. Fair, Jr. to the Airport Board.
Motion carried: 5 Yeas; O Nays--Councilman Cooke
and Councilman Aderton absent from the Chambers.
Consider five appointments to the Lubbock Civic
Centers Board. The terms of Rodney Cates~ Earlene
Garland, Ernest F. Barton. A. E. Gene Quest, and
Debbie Tubb will expire August 1, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint Rodney Cates,
Debbie Tubb, and Ernest Barton and to appoint
Dorothy Phea and Mike Davis to the Civic Centers
Board. Motion carried: 5 Yeas; 0 Nays--Councilman
Cooke and Councilman Aderton absent from the
Chambers.
Consider nine appointments to the Community Services
Commission. The terms of Brenda Gipson, Maggie
Trejo, Charles Planks, Eileen Tinney, Joe
Montelongo. Betty Mora, Doris Fletcher, Darrell
Vines, and Dorris W. Tilson will expire August 31,
1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint Doris Fletcher,
Brenda Gipson, Betty Mora, Dorris Tilson, and Eileen
Tinney and to appoint Yolanda Larez, Lee Manning,
David Sowell, and Bud Aderton to the Community
Services Commission. Motion carried: 6 Yeas; 0
Nays--Councilman Aderton absent from the Chambers.
Consider three appointments to the MHMR Board of
Trustees. The terms of Jan R. Rigsby, Jim Kimmel,
and Brian Shannon will expire August 31, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
MHMR Board of Trustees. Motion carried: 6 Yeas; O
Nays--Councilman Aderton absent from the Chambers.
Consider two appointments to the MHMR Public
Responsibility Committee. The terms of Louise
Cummins and Jim Bertram will expire August 31, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
MHMR Public Responsibility Committee. Motion
carried: 6 Yeas; 0 Nays--Councilman Aderton absent
from the Chambers.
92-518-631-414
(29.)
92-518-631-415
(30.)
92-SlB-631-416
(31.)
92-518-631-417
(32.)
I·
92-51B-631-418
(33.)
July 23, 1992
Page 631
Consider seven appointments to the Keep Lubbock
Beautiful Advisory Board. The terms of Denny
Graham, Nancy Badley, Art Hollingsworth, Melanie
Barnes, Matt Malouf. Martha Edwards, and Janet Atyia
expired April 12, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Keep Lubbock Beautiful Advisory Board. Motion
carried: 6 Yeas; 0 Nays--Councilman Aderton absent
from the Chambers.
Consider nine appointments to the Community
Development Advisory Committee. The terms of Paul
Nash, Jose Montelongo, Russ Wilkinson, Larry
Gardner, Vonda Sommerville, Roosevelt Carroll, Betty
Carr, Robert D. Snell, and Dorothy Dailey Furr
expired May 31, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint Dorothy Dailey
Furr and Paul Nash and to appoint Abraham Spires,
Rev. Larry Brooks, Jaime Garcia, Betsy Jones, Jayne
Field, Kathey Porter, and Jim Webb to the Community
Development Advisory Committee. Motion carried: 6
Yeas; O Nays--Councilman Aderton absent from the
Chambers.
Consider seven appointments to the Human Relations
Commission. The terms of John Cervantez, Nellie
Gomez, Beatrice Narvaiz, Betty Wheeler, and Earl
Elliott expired May 25. 1992. Dale Bradley and Lalo
Quirino resigned.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Human Relations Commission. Motion carried: 6
Yeas; O Nays--Councilman Aderton absent from the
Chambers.
Consider four appointments to the Building Board of
Appeals. The terms of Roger Thornley, Edward Lampe,
Tom Ferguson, and Victor Hernandez expired June 1.
1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to appoint Stan Angelley,
Zelda Cuevas, Larry Moore, and Tom Renfroe to the
Building Board of Appeals. Motion carried: 6 Yeas;
O Nays--Councilman Aderton absent from the Chambers.
Consider three appointments to the Citizens Traffic
Commission. The terms of Dennis Dillon, Mark
McDougal, and Mike Johnson will expired July 13,
1992.
July 23, 1992
Page 632
92-51B-632-419
(34.)
92-51B-632-420
(35.)
92-51B-632-421
(36.}
92-51B-632-422
(37.)
92-51B-632-423
{38.)
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint Dennis Dillon
and Mark McDougal and to appoint Frances Ansley to
the Citizens Traffic Commission. Motion carried: 6
Yeas; O Nays--Councilman Aderton absent from the
Chambers.
Consider four appointments to the Electric Utilities
Board. The terms of Greg C. Jones. R.J. Givens,
Jr., Adam Lara, and O.P. Harlan, Jr. expired June
30. 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to reappoint Adam Lara and
Greg C. Jones and to appoint Dr. Heenan Johnson, Jr.
and Marta Rosas to the Electric Utilities Board.
Motion carried: 6 Yeas; O Nays--Councilman Aderton
absent from the Chambers.
Consider two appointments to the Permit and License
Appeal Board. The terms of Dorothy Phea and Chuck
Key expired April 27, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Permit and License Appeal Board. Motion carried: 6
Yeas; 0 Nays--Councilman Aderton absent from the
Chambers.
Consider two appointments to the Public Transit
Advisory Board. The terms of Trudy Putteet and Gary
Bellair expired June 24, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Public Transit Advisory Board. Motion carried: 6
Yeas; 0 Nays--Councilman Aderton absent from the
Chambers.
Consider nine appointments to the Municipal Garden
and Arts Center Advisory Board. The terms of Louise
Cummins. Vivian Cooke, Amy Rodriguez, Danny Mclarty.
Nan O'Conner, Alice Gomez, Roxie Eppler, Eric
Strong, and Eileen Gibbs expired May 24, 1992.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Municipal Garden and Arts Center Advisory Board.
Motion carried: 6 Yeas; O Nays--Councilman Aderton
absent from the Chambers.
Consider fifteen appointments to the Stormwater
Advisory Committee.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson hold appointments to the
Stormwater Advisory Committee. Motion carried: 6
Yeas; 0 Nays--Councilman Aderton absent from the
Chambers.
92-SlB-633-424
(39.)
July 23, 1992
Page 633
Consider fifteen appointments to the Boards and
Commissions Advisory Board.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to appoint David Baccum,
Celia Davis, Ginalu Hamilton, Ann Hutchison, Dr.
Damon Hill, Marci Johnston, Regina Johnston, Jewel
Love, Steve McIntyre, Owen Mcwhorter, Jr., David
Nelson, Robin Adams Parks, Raymond Peppers, Julie
Ramonez, Ruth Schiermeyer to the Boards and
Commissions Advisory Board. Motion carried: 6
Yeas; 0 Nays--Councilman Aderton absent from the
Chambers.
There being no further business to co
by Councilman Patterson, seconded by
meeting at 1:32 p.m. Motion carried:
Aderton absent from the Chambers.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 13th day
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary