HomeMy WebLinkAboutMinutes - City Council - Regular - 9/10/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 10, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 10th day ❑f September, 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 Tem 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.
( l.j The Invocation was given by Councilman T.J.
Patterson.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
92-51B-725-497
[ 5.) Penny Morin, Chairperson for the 1992 Fiestas Del
Llano Celebration, will appear to discuss planned
activities for the event.
92-51B-725-498
( 4.)
Penny Morin, Fiestas Del Llano Chairperson,
discussed the 1992 Fiestas Del Llano 16 de
Septiembre celebration activities and presented an
overview of the significance of this celebration.
Mayor Pro Tem Trejo was also recognized.
citizens of Lubbock.
Chris Lovelace, President of the Texas Tech Student
Association, made a presentation regarding working
more closely with the community of Lubbock. Mr.
Lovelace urged community support and funding for
Texas Tech University by the State Legislature in
the next session. He announced new community
projects which will start in November and commented
on current campus activities.
In closing, Mr. Lovelace requested consideration of
including a representative from Texas Tech on the
Multi -Purpose Special Events Center Task Force.
September 10, 1992
Page 726
92-51B-726-499
6.) A representative of the Lubbock Emergency_
Communications District will appear to present the
1992-93 Budget.
A. Consider Resolution #3951 accepting
the proposed 1992-93 _Lubbock
Emergency Communications District
Budget.
RESOLUTION #3951
WHEREAS, under the authority of V.T.C.A., Health & Safety Code,
Chapter 772, Subchapter D, Lubbock County voters approved in a Lubbock
County election, April 5, 1986, the creation of the Lubbock Emergency
Communication District; and
WHEREAS, the Lubbock Emergency Communication District Board of
Managers approved the L.E.C.D. proposed budget for FY 1992/93, and set
the service fee at 4.5% of the telephone base rate, acting under the
authority of V.T.C.A., Health & Safety Code, Section 772.314; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock City Council hereby approves the Lubbock
Emergency Communication District Budget for Fiscal Year 1992/93 and the
L.E.C.D. action in setting the service fee at 4.5% of the telephone base
rate as defined by V.T.C.A., Health & Safety Code, Section 772.314.
Passed by the City Council this loth day of September, 1992.
IsI David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Bill Payne
Bill Payne, Director of
Communication Services
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Lubbock Emergency Communication District was
created by election in 1986. Voters approved
establishing the enhanced 9-1-1 system as the
primary emergency telephone communication system for
all units of local government within the district's
boundaries.
Bob Nash, Executive Director of Lubbock Emergency
Communications District, presented the annual Budget
for Council approval. Councilman Neugebauer
inquired about the 911-E base rate and Mr. Nash
advised that Lubbock's base rate of 4.5% is just
under the median rate for the State and will provide
adequate revenues to fund equipment replacement and
other necessary expenditures. Mr. Nash advised that
costs of maintenance formerly borne by the City of
Lubbock will now be paid by the District.
September 10, 1992
Page 727
The amounts proposed by LECD for their 1992-93
Fiscal Year are:
Personnel $204,500
Supplies 10,650
Maintenance 1,850
Expenses 83,000
Capital 11,500
Contingency 32,000
9-1-1 Telephone Circuit Costs 466,500
Total Budget $810,000
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to authorize Resolution
#3951 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51B-7'27-500
{ 7.) Greg Jones Chairman of the Electric Utility Board
will appear to present a resolution regarding
proposed amendments to rates charged by Lubbock
Power and Light _for _senior citizens.
Mayor Langston read a letter from Greg Jones,
Chairman of the Electric Utility Board, requesting
that this item be deleted from the Agenda, to give
opportunity for orientation of their new board
members regarding this issue.
At the request of Councilman Patterson, Item #13 was removed from the
consent agenda to allow a separate motion and comment on the overtime
policy issue.
92-518--7'27-501
[ 8.} Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to approve the Minutes of the
August 27, 1992 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
92-51B-727-502
{ 9.) ORDINANCE #9544--Zone Case #1123-B (5110 29th
Drive) --Request of Putt -Putt Golf Courses of
America Inc. for a zoning change from C-3 and C-4
to C-4 Specific Use (for a six station batting _cage)_
on Lot 306-A, Midway Park Addition.
ORDINANCE #9544
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1123-B; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A SIX STATION
BATTING CAGE ON LOT 306-A, MIDWAY PARK ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9544 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 728
92-SIB-728-503
(10.) ORDINANCE #9546--Zone Case #2537-A (7322 19th
Drive) --Re uest of Johnnie Berry for Caravan RV and
M.
ORDINANCE #9546
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2537-A; A ZONING CHANGE FROM R-1 AND C-4 TO C-4 SPECIFIC USE FOR RV
SHELTER STORAGE AND MINI -WAREHOUSE ON TWO TRACTS OF LAND OUT OF SECTION
1, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9546 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-728-504
(i1.) ORDINANCE #9547--Amending the penalty section
29-31 of the City of Lubbock Code of Ordinances to
provide a penalty in conformance with Article 4.14
of the Code of Criminal Procedure.
ORDINANCE #9547
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, WITH REGARD TO ZONING BY AMENDING SECTION 29-31
WITH REGARD TO PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9547 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-728-5015
(12.) ORDINANCE #9548--Authorizing an Access Easement to
the Canyon Lakes Residential Treatment Center
Gifford -Hill Replat Addition 2402 Canyon Lakes
Drivel.
ORDINANCE #9548
AN ORDINANCE AUTHORIZING RATIFICATION AND CONFIRMATION OF ACCESS
EASEMENT IN GIFFORD-HILL ADDITION REPLAT BY CITY OF LUBBOCK IN EXCHANGE
FOR CONVEYANCE TO CITY OF LUBBOCK OF CERTAIN PROPERTY.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9548 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 729
92-51B-729-506
(14.) ORDINANCE #9550--Setting the tax rate. for 1992-93.
ORDINANCE #9550
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE
YEAR 1992, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR
WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE
PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9550 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-729-507
(15.) ORDINANCE #9551 amending Chapter 28 of the Code of
Ordinance with regard to water rate changes.
ORDINANCE #9551
AN ORDINANCE AMENDING SECTIONS 28-52, 28-53, 28-54, 28-55, 28-56
AND 28-59(d) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY
REVISING WATER RATES AS CONTAINED IN SECTIONS 28-52 AND 28-53 OF SAID
CODE; ADJUSTING THE WATER RATES CHARGED UNDER SECTION 28-54 APPLICABLE
TO TEXAS TECH UNIVERSITY TO CONFORM WITH NEW SCHOOL RATES APPLICABLE TO
ALL SCHOOLS; AND BY REVISING THE RATES SET FORTH IN SECTION 28-59(d) BY
ESTABLISHING THE COMMERCIAL RATE AS THE RATE TO BE USED IN SAID SECTION
IN COMPUTING THE WHOLESALE WATER RATE (81.17%) TO BE CHARGED TO THE TOWN
OF RANSOM CANYON AND TO LUBBOCK COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT' NO. 1; REQUIRING PUBLICATION AND PROVIDING FOR A SAVINGS
CLAUSE.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trej❑ to pass on second and final
reading Ordinance #9551 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-729-508
(16.) ORDINANCE #9552--Amending Chapter 23 of the Code of
Ordinances with regard to solid waste rates.
ORDINANCE #9552
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND
DUMPING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trej❑ to pass on second and final
reading Ordinance #9552 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-729-509
(17.) BID #12066--Remote terminal units (Water Utilities).
Aquatrol Corporation, Arden Hills, MN--25 ea. Remote
terminal units at lot price.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trej❑ to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 730
92-518-730-510
(18.) BID #12119--Guadalupe Park Lighting, and authorize
same (Community Development).
RESOLUTION #3952
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 Larcon Enterprises to
furnish and install various park lights at Guadalupe Park, 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 10th day of September, 1992.
ATTEST:
js/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Gene Eads
Gene Eadls, Purchasing Manager
APPROVED AS TO FORM:
s Haro1 d Wi 11 and
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Is/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 10th day of September,
1992 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through David R. Langston, Mayor, thereunt❑
authorized to do so, hereinafter referred to as OWNER, and Larcon
Enterprises 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. 12119--Guadalupe Park Lighting (Community Development) in the
amount of $
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.
September 10, 1992
Page 731
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice t❑ do s❑ 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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette B❑yd /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Larcon Enterprises
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Larcon Enterprises
2306 A 120
Lubbock, Texas 79423
Motion was made by Councilman Patterson, seconded by
Mayor Pr❑ Tem Trejo t❑ authorize Resolution #3952 as
recommended by Staff. Motion carried: 7 Yeas; O
Nays.
92-51B-731-511
(19.) BID #11973--Air compressing and welding equipment
(various departments).
Prime Equipment Company, Amarillo--2 ea. Air
compressor, 1OHP, Spec. 764.
Lubbock Welding Supply, Inc.--2 ea. welding power
source, 200 AMP AC/DC ARC, Spec. 997.
Brandon & Clark Electric --I ea. Air compressor, 5HP
Spec. 765.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo t❑ authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-731-512
(20.) BID_#1212.4--Water Treatment Equipment (Water
Utilities).
EIMCO Process Equipment Co., Salt Lake City, UT
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 732
92-51B-732-513
(21.) BID #12109--Boiler and Machinery Insurance
(Finance).
The Sanford Agency
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-732-514
(22.) Consider Ordinance #9553 altering the prima facie
speed limits on East 4th Street, in the vicinity of
Idalou Road.
ORDINANCE #9553
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PDRTIONS OF EAST 4TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH
CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance establishes the following speed
limits on East 4th Street:
A 40 mph speed limit on East 4th Street
(FM 40) from Idalou Road (U.S. 62) to a
point 0.2 mile east of Idalou Road.
A 50 mph speed limit on East 4th Street
(FM 40) from 0.2 mile east of Idalou Road
(U.S. 62) to the east City Limits.
This portion of East 4th Street, designated as FM
40, is under the control of the Texas Department of
Transportation. Earlier this summer, a resident of
the area requested that the speed limits be
re-evaluated and the State conducted the studies
required by State Law and are now requesting City
concurrence with the proposed speed limits.
The existing speed limits vary from 40 mph to 55
mph; therefore, this ordinance reduces the speed
limit in some areas.
Staff recommended City concurrence with the
recommendations of the Texas Department of
Transportation.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on first reading
Ordinance #9553 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 733
92-51B-733-515
(23.) Consider Ordinance #9554 repealing Ordinance No.
8190-B, concerning traffic signals at I-27 and North
Loop 289.
ORDINANCE #9554
AN ORDINANCE REPEALING ORDINANCE NO. 8190-B OF THE CITY OF LUBBOCK
SO AS TO CANCEL AUTHORIZATION AND APPRDVAL FOR TWO TRAFFIC SIGNALS
LOCATED AT NORTH LDOP 289 AND ITS INTERSECTION WITH U.S. HIGHWAY 87 AND
U.S. HIGHWAY 87 AND ITS INTERSECTION WITH HARVARD STREET; AND PROVIDING
FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE.
According to Staff memo, in 1983, the State
Department of Highways and Public Transportation
requested that the City Council pass an ordinance
authorizing the installation of traffic signals at
the following locations:
North Loop 289 at its intersection with
U.S. Highway 87
U.S. Highway 87 at its intersection with
Harvard Street
The signals at North Loop 289 and U.S. Highway 87
were intended as a permanent installation. The
signals at U.S. Highway 87 and Harvard Street were
intended as a temporary installation during
construction of the north portion of Interstate 27,
and were removed when they were no longer needed.
Last summer it came to the attention of the Traffic
Engineering Department and the State that there had
been numerous accidents and serious injuries at
North Loop 289 and U.S. Highway 87 (now I-27) and it
was agreed that the City would put the traffic
signals ❑n "flash" 24 hours a day at this
interchange.
For the past year, the State monitoring of this
location showed a reduction in the number of
accidents and significant reduction in the type and
number of injuries. Last month the State removed
the traffic signals and installed stop signs and
flashing beacons.
Since traffic signals authorized by Ordinance No.
8190-B have been removed by the Texas Department of
Transportation, Staff recommended that the ordinance
be repealed.
Motion was made by Councilman Patterson, seconded by
Mayor Pr❑ Tem Trej❑ to pass on first reading
Ordinance #9554 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 734
92-51B-734-516
(24.) Consider Resolution #3953 accepting paving
improvements constructed by Ronnie Zahn Paving in
Kin 's Park Addition Tracts A-E and Lots 1-38.
RESOLUTION #3953
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Tracts A, A-1, B, C, D, D-1, D-2, E and Lots 1-38, King's Park Addition,
made arrangements with Ronnie Zahn Paving, for the construction of
paving improvements on certain streets dedicated in said subdivision
under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition including the following
streets:
76th Street from the East lip line of Quaker Avenue to a
distance of 229.83 feet East of the East lip line of Quaker
Avenue, known and designated as New Subdivision Sub -Unit 79
of Unit Number 2034.
75th Street from the cul-de-sac West of Norwood Avenue to
the East end of radius of the alley return East of Norwood
Avenue, known as designated as New Subdivision Sub -Unit 86
of Unit Number 2034.
75th Place and Norfolk Avenue from the cul-de-sac West of
Norwood Avenue to the cul-de-sac East of Norwood Avenue,
kniown and designated as New Subdivision Sub -Unit 87 of Unit
Nuimber 2034.
76th Street and Norwood Avenue from a distance of 229.83
East of the East lip line of Quaker Avenue to the South lip
line of 75th Street, known and designated as New Subdivision
Sub -Unit 88 of Unit Number 2034.
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of Chapter 25 of
the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
September la, 1992
Page 735
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this lath day of September, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Isj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS 'TO FORM:
Is/ J. brth Full ingim
J. Worth Fullingim, Assistant City
Attorney
According to Staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street and alley paving and
curb and gutter on:
75th Street from Quaker Avenue to 229.83
feet east of Quaker Avenue.
75th Street from the cul-de-sac west of
Norwood Avenue to the alley east of
Norwood Avenue.
75th Place and Norfolk Avenue from the
cul-de-sac west of Norwood Avenue to the
cul-de-sac east of Norwood Avenue.
75th Street and Norwood Avenue from 229.83
feet east of Quaker Avenue to 75th Street.
There is no City cost due upon this acceptance.
These improvements have been inspected and Staff
recommended approval.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to authorize Resolution #3953 as
recommended by Staff. Motion carried: 7 Yeas; a
Nays.
September 10, 1992
Page 736
92-51B-736-517
(25.) Consider Resolution #3954 authorizing the Mayor to
sign Contract No. 513-XXF-6019 with the Texas.
Department of Trans ortation TxDOT for ❑ eratin
assistance for Citibus.
RESOLUTION #3954
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
Transportation Contract (being numbered Contract 513-XXF-6019) to be
entered into by and between the City of Lubbock and the Texas Department
of Transportation, 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 10th day of September, 1992.
js/ David R. Langston
David R. Langston, Mayor
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Zsl J. Worth Fullin im
J. Worth Full ingim, Assistant
City Attorney
A copy of the Contract is filed with Resolution No. 3954.
State Public Transportation Funds in the amount of
$418,769 were allocated to the City of Lubbock for
FY 1991-92 and FY 1992-93. Of that amount, only
$149,914 remains to be placed under contract. These
funds will be used for operating assistance and
there will be an additional $65,005 in carry-over
funds that will be part of next year's budget. This
carry-over is necessary since this is the amount
budgeted for FY 1992-93. (An amendment to this
Contract to account for the carry-over must be
executed later.)
The Contract becomes effective on the date of
execution by the State's Public Transportation
Director and will terminate on August 31, 1993.
Citibus plans to begin using the money October 1,
1992.
Since these funds are budgeted for FY 1992-93, Staff
recommended approval.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trej❑ to authorize Resolution #3954 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
September 14, 1992
Page 737
92-51B-737-518
(13.) Ordinance #9549--Ado tin the Proposed 1992-93
Budget.
ORDINANCE #9549
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1992-93; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1991-1992;
PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 1991-92 FISCAL
YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE
CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE.
92-51B-1'37-519
(26.)
Councilman Patterson requested that City Staff
investigate the possibility ❑f relaxing the overtime
policy to accommodate requests made by some City
employees during the budget hearing. His request
was that Staff look at making changes effective in
April of 1993.
It was consensus to instruct Staff to report to
Council during Work Session at the first meeting in
January, 1993 regarding costs and long-range
implications ❑f changes to the Overtime Policy.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on second and final
reading Ordinance #9549, stipulating that Staff
report to Council during Work Session at the first
meeting in January, 1993 regarding costs and
long-range implications of changes to the Overtime
Policy. Motion carried: 7 Yeas; 4 Nays.
RESOLUTION #3955
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG
THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT public necessity exists that the following
portions of streets, highways, avenues and/or alleys in the City of
Lubbock and along the boundaries thereof, be improved as herein
providedl, to -wit:
Name
North Avenue N
Streets
From
North Loop 289
To
Wabash Street
SECTION 2. THAT said portions of streets, highways and avenues
shall be improved by raising, grading, and filling same, by installing
concrete curb and gutters, by installing a compacted base and by
surfacing with 1 1/2" asphaltic concrete surface.
SECTION 3. THAT the City Engineer is hereby directed t❑ prepare
plans and specifications for such improvements.
SECTION 4. THAT such improvements in each unit shall be paid for
in the following manner:
September 10, 1992
Page 738
STREET IMPROVEMENTS
(a) The abutting property and owners thereof shall pay and shall
be assessed for all the cost of constructing curbs in front
of such respective property and a part of the remaining cost
of such improvements, provided, that such part of the cost
assessed to the abutting property or owners thereof will not
exceed 90% of the cost of the improvements plus the cost of
the curb, and further provided that if it shall appear at
the hearing, to be had before final assessment is made, that
the special benefits to such property by way of enhancement
value thereof by means of such improvements will not
aggregate such proportion of the cost as specified above,
then there shall be assessed and be paid by such abutting
property and the owners thereof, a lesser amount not to
exceed the benefits.
(b) The remaining cost of said improvements after deducting the
sums finally assessed against abutting property and the
owners thereof under subparagraph (a) above, shall be paid
by the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by
the abutting property and the owners thereof shall be payable in five
(5) equal installations, the first of which shall become due on or
before twenty (20) days after completion and acceptance of the
improvements in the unit an which the property abuts by the City
Council; the second, third, fourth and fifth installments shall become
due one, two, three, and four years respectively after completion and
acceptance of the improvements in the unit upon which the property
abuts, by the City Council and shall bear interest from the date ❑f
completion and acceptance until paid, at the rate of eight percent per
annum on street improvements and eight percent per annum an alley
improvements,, payable annually, with provisions that if default be made
in the payment of any installment promptly as the same matures; then at
the option ❑f the holder of such assessment of certificate issued in
evidence thereof, such default shall mature the entire assessment upon
which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall
be a first and prior lien and personal liability for principal,
interest, reasonable attorney's fees and costs of collection, if
incurred, all under and in accordance with the Charter and amendments
thereto, now in force in this City, and in accordance with the
provisions of Article 1105B, Revised Civil Statutes of Texas as amended
by Chapter 281 ❑f the 52nd Legislature, and most recent amended by
Chapter 176 Acts of the 60th Legislature.
September 10, 1992
Page 739
SECTION 7. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 10th day ❑f September, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s R. Keith Smith for Larry Hertel
Larry Hertel, City Engineer
APPROVED AS 'TO FORM:
IsZ J. Wort.h Ful l i nqi m
J. Worth Fullingim, Assistant
City Attorney
According t❑ Staff memo, this is the first of five
resolutions to initiate an Assessment Paving Program
in response to a petition by a property owner
requesting the construction of paving improvements
on North Avenue N from North Loop 289 to Wabash
Street. The petitioner land represents 7% of the
abutting footage and 13% of the abutting property
owners.
Two of the five -resolution series have previously
been approved by the City Council for paving
assessment on two blocks of alley and consideration
of the third resolution will be delayed so that the
two initial resolutions can be approved for North
Avenue N. The street assessment will then be
combined with the alley assessment to become one
project for the remaining resolutions. The
petitioners for the alleys have been notified and
are agreeable to this.
The petitioner, who owns Lot 8 on the east side of
North Avenue N, has requested that the City pave
only the east one-half of North Avenue N from Loop
289 to his north property line. Current City policy
on assessment paving is to pave streets in full
width in increments of one complete block for the
following reasons:
1. Costs associated with the assessment
procedure are about the same
regardless of the size of the
project, and costs become
unreasonable for a small project.
2. Construction of pavement on only
part ❑f a block generally creates
street maintenance and drainage
problems and incur future costs to
the City.
The petitioner has been informed of the possibility
of paving only his portion of the street by Street
Use Permit; but he is unable to pay for the paving
all at once and is therefore requesting the
assessment in installments over a five-year period.
September 10, 1992
Page 740
On assessment paving, the City is required by State
Law to participate in a minimum of 10% of the paving
costs. Staff recommended approval of this
resolution, only on the basis that the entire block
full width be paved.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Trejo to authorize Resolution 43955 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-740-52.0
(27.) Consider Resolution 43956 authorizing the Mayor to
execute a Quit Claim Deed in favor of Floy Williams
(2800 E. 15th Street).
RESOLUTION #3956
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
Quitclaim Deed in favor of FLOY WILLIAMS, 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 10th day of September, 1992.
Is1 David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Isl Ranette RoYd
Ranette Boyd, City Secretary
APPRDVED AS TO CONTENT:
Isj Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS 'TO FDRM:
s Harold Willard
Harold Willard, Assistant City
Attorney
September 10, 1992
Page 741
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the City of Lubbock, a Home Rule Municipality in the County
of Lubbock, State of Texas, for and in consideration of the sum of Ten
and no/100 Dollars ($10.00) and other good and valuable consideration to
Grantor paid by Floy Williams, hereinafter called "Grantee," the receipt
of which is hereby acknowledged, does hereby by these presents Abandon,
Disclaim, Release and Forever Quitclaim unto the said Grantee," all of
its rights, title and interest in and to that certain tract or parcel of
land lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
Lot 750, Subdivision Puckett Suburban Homes, City of
Lubbock, Lubbock County, Texas, otherwise known as
2BOO block of E. 15th Street, Lubbock, Texas.
TO HAVE: AND TO HOLD the same premises together with all and
singular the rights, privileges and appurtenances thereto in any manner
belonging unto the said Grantee, his heirs and assigns forever, so that
neither the City of Lubbock, its successors or assigns, nor any persons
claiming under it shall at any time hereafter have, claim or demand any
right to the title to the aforesaid premises or appurtenances or any
part thereof.
WITNESS MY HAND this 10th day of September, 1992.
s David R. Langston
David R. Langston, Mayor
ATTEST:
/sl Ranette Boyd
Ranette Boyd., City Secretary
APPROVED AS TO CONTENT:
/sj Ed Bu�c
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/sl Harail d Willard
Harold Willard, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared David R. Langston,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the City of Lubbock and as its Mayor, for the purposes and
consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this llth day of September,
1992.
Isj Olivia R. Solis
Notary Public in and for
the State of Texas
September 10, 1992
Page 742
92-51B-742-521
(28.)
The Right -Of -Way Department has discovered property
which has been deeded to the City without the City's
acceptance or knowledge. Property offered to the
City must be needed and acceptance must be by
resolution of the City Council.
On May 19, 1977, Floy Williams deeded 2800 E. 16th
Street (Lot 75D, Puckett Suburban Homes
Subdivision). This Resolution authorizes the Mayor
to sign a Quit Claim Deed returning the property to
Floy Williams since the City has no use for it and
it is a liability. Staff supported the passage of
the Resolution.
Motion was made by Councilman Patterson, seconded by
Councilman Ince to authorize Resolution #3956 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3957
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 Lease
Agreement with The Hertz Corporation, 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 loth day of September, 1992.
Isj David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Lease Agreement with Hertz Corporation is filed with
Resolution No. 3957.
The annual revenue to the Airport from all
on -airport rent car operations is approximately
$475,000. Agreements for all on -airport
concessionaires are identical.
September 10, 1992
Page 743
Avis and Advantage Rental Car Companies' Agreements
were approved by the City Council in the August 13,
1992 Council meeting. Hertz Rent Car Company has
agreed to execute a new concession agreement with
the City which is basically a renewal of their
existing agreement. This agreement is for three
years and will expire on April 30, 1995 and the
concession rate is 10% of gross revenue derived from
Airport patrons using their services.
The only changes to the previous agreement were in
the area of auditing procedures and records storage
requirements; and an additional option of allowing
an irrevocable letter of credit in lieu of a
performance bond.
The Legal Staff and the Airport Board recommended
passage of the Resolution.
Motion was made by Councilman Ince, seconded by
Councilman Cooke to authorize Resolution #3957 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-743-522
(29.) Consider Resolution #3958 authorizing the Mayor to
execute Grant Agreement 3-48-0138-11 with the
Federal Aviation Administration for Airport
improvements.
RESOLUTION #3958
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City a Grant Agreement with
the United States of America, Federal Aviation Administration, for
Project No. 3-48-0138-11, which Agreement is attached hereto and 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 10th day of September, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Grant Agreement with the FAA is filed with Resolution No.
3958.
September 10, 1992
Page 744
According to Jim Newsome, Deputy Director of
Aviation, the FAA is offering a grant in the amount
of $1,917,000 for the 90% federal share of the
design, engineering, management, acquisition and
construction of paved shoulders along the primary
north -south air carrier runway, the installation of
new airfield directional signage, and the
acquisition of airport firefighter protective
clothing and crash truck communication equipment.
These projects are safety enhancements for airport
and rescue personnel.
The airfield construction work and signage projects
are identified in the Airport Master Plan for
implementation during 1992, and the ARFF equipment
was identified during FAA certification inspections,
as needed acquisitions. The Airport share of this
project ($191,700) is funded in the current Airport
Capital Project Budget and will be eligible for
recovery from anticipated Passenger Facility Charge
(PFC) program revenues.
Paved runway shoulders will extend the surface
approximately 25' outward from the runway edge and
will stabilize the area from erosion and support the
weight of an aircraft in the event that it veers to
the edge. Paved shoulders will also facilitate
maintenance efforts in the runway safety area and
will provide a fiat, clear surface for the runway
lights, unobstructed by vegetation. This phase,
along with the sign project, consumes the available
FAA funding for FY 1991-92 for the airport, leaving
the other paved shoulder work for future years.
The FAA has mandated uniform airfield signage for
air carrier airports to facilitate avoidance of
ground intrusions and collisions with aircraft.
Signs will be increased in size and number at runway
and taxiway intersections and will be added along
the length of the taxiways to help pilots confirm
the aircraft location to the ground.
The FAA has mandated implementation of the new sign
standards by December 31, 1993 and development and
approval of a sign plan by November, 1992. The plan
for the Lubbock Airport was developed earlier this
year and has been approved by the FAA and this
project makes Lubbock one of the first air carrier
airports in the nation to implement the new
standards.
Acquisition of airport firefighter protective
clothing (proximity suits) will replace suits that
need replacement due to cracking of the outer
reflective heat shield.
The radio communication equipment will improve
capability for communication inside the trucks
through the use of headsets and an intercom system.
These fire rescue items will be purchased by the
City Radio Shop under current open bids.
Acceptance of this grant was preliminary t❑ the
award of Bid #12159 for the construction portion of
this project.
September 10, 1992
Page 745
Several deductive alternates to the base bid were
listed in order that the project could be matched
with the final grant amount. With FAA concurrence,
Staff recommended the award of the low bid to
Gilbert Texas Construction Company of Hurst, Texas,
with the acceptance ❑f deductive alternates B and C.
The total amount of the contract for paved shoulders
and sign construction is $1,815,798 which, along
with costs for the other items in the grant, will
match the project with the grant. The Airport Board
reviewed this item in their August 19, 1992 board
meeting and unanimously recommended acceptance of
the grant and awarding of the bid.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3958
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-745-523
(30.) Consider Resolution #3959 creating 11-member
Multi -Purpose Special Events Center Task Force.
RESOLUTION #3959
WHEREAS, the City Council has had under discussion the feasibility
of the construction of a new multipurpose special events center for the
City of Lubbock; and
WHEREAS, the City Council has determined that additional study and
review oaf the location, associated costs of land acquisition, actual
capacity and size of such center, and financial alternatives available
to construct such center must be undertaken; and
WHEREAS, the City Council has determined that all of the above
issues may best be reviewed by a local citizen group; and
WHEREAS, such citizen group may find it helpful to solicit
additionial help from volunteer citizens who possess special expertise to
act as ad hoc subcommittee members; and
WHEREAS, such citizen groups should be made up of a cross section
of business and community leaders; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT there is hereby created and established an
Advisory task force consisting of eleven (11) members who shall be
appointed by the City Council in the following manner:
(a) One member shall be appointed from the City of Lubbock Civic
Center Board;
(b) One member shall be appointed from the Lubbock Visitor's and
Convention Bureau;
(c) One member shall be appointed from the Texas Tech University
administrative or athletic staff;
(d) One member shall be appointed from CenterCorp.;
(e) One member shall be appointed from the Lubbock Chamber of
Commerce;
(f) One member shall be appointed from C.O.M.A.;
September 10, 1992
Page 746
(g) One member shall be appointed from the Lubbock Black Chamber
of Entrepreneurs;
(h) One member shall be appointed from any of the Lubbock
Financial Institutions; and
(i) Three members to be appointed from the general public, such
as the Hotel/Motel Association, the Hospitality Industry,
the Neighborhood Association or at large.
SECTION 2. THAT each member of the multipurpose special events
center task force shall serve no greater than two (2) years or until a
final recommendation is made to the Council, whichever is less time.
SECTION 3. In the event that a vacancy occurs on the task force
for any reason, then in such event the City Council shall appoint a
person to fill such vacancy for the unexpired term of such appointee.
SECTION 4. The task force shall appoint one of its members as
chairperson and one of its members as vice chairperson. It shall be the
duty of the chairperson to preside at all meetings of the task force and
the vice chairperson shall preside in the absence of the chairperson.
The City ,MTI
anager or his designated representative shall act as secretary
to the task force, keep records and provide assistance to the task force
as required to enable them to perform their duties.
SECTION 5. Any and all recommendations made by the task force to
the City Council shall be made by the concurring vote of at least six
(6) members of the task force. A majority of the total membership of
the task force shall constitute a quorum for the transaction of all
matters to be considered by the task force. This task force is further
authorized to establish ad hoc citizen subcommittees made up of citizen
volunteers appointed by the task force when such action is deemed
advisable by the task force to assist it in the discharge of its duties.
The ad hoc citizen subcommittees shall have no right to vote on any
matter before the task force and shall only make recommendations to the
task force as a whole.
SECTION 6. The task force may adopt rules for its internal
operation not inconsistent with the terms and conditions of this
Resolution.
SECTION 7. The task force shall meet as often as said task force
deems necessary to discharge their duties hereinafter set forth.
September 10, 1992
Page 745
Several deductive alternates to the base bid were
listed in order that the project could be matched
with the final grant amount. with FAA concurrence,
Staff recommended the award of the low bid to
Gilbert Texas Construction Company of Hurst, Texas,
with the acceptance ❑f deductive alternates B and C.
The total amount of the contract for paved shoulders
and sign construction is $1,815,798 which, along
with costs for the other items in the grant, will
match the project with the grant. The Airport Board
reviewed this item in their August 19, 1992 board
meeting and unanimously recommended acceptance of
the grant and awarding of the bid.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3958
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-745-523
(30.) Consider Resolution #3959 creating 11-member
Multi -Purpose Special Events Center Task Force.
RESOLUTION #3959
WHEREAS, the City Council has had under discussion the feasibility
of the construction of a new multipurpose special events center for the
City of Lubbock; and
WHEREAS, the City Council has determined that additional study and
review oaf the location, associated costs of land acquisition, actual
capacity and size of such center, and financial alternatives available
to construct such center must be undertaken; and
WHEREAS, the City Council has determined that all of the above
issues may best be reviewed by a local citizen group; and
WHEREAS, such citizen group may find it helpful to solicit
additionial help from volunteer citizens who possess special expertise to
act as ad hoic subcommittee members; and
WHEREAS, such citizen groups should be made up of a cross section
of business and community leaders; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT there is hereby created and established an
Advisory task force consisting of eleven (11) members who shall be
appointed by the City Council in the following manner:
(a) One member shall be appointed from the City of Lubbock Civic
Center Board;
(b)
One member
shall
be
appointed
from
the Lubbock Visitor's and
Convention
Bureau;
(c)
One member
shall
be
appointed
from
the Texas Tech University
administrative or
athletic staff;
(d)
One member
shall
be
appointed
from
CenterCorp.;
(e)
One member
shall
be
appointed
from
the Lubbock Chamber of
Commerce;
(f)
One member
shall
be
appointed
from
C.O.M.A.;
September 10, 1992
Page 747
SECTION 8. The task force shall undertake the following duties:
(a) Recommend criteria to be used in determining site selection
of a multipurpose special events center. In this respect,
the task force shall consider the following:
(1) Location/Demographics
What are the alternative locations?
What is or should be the adjacent land use?
Should it be adjacent to Texas Tech, Civic Center,
South Plains Fair, or separate remote facility?
What are the pros and cons of the different
locations?
What are the acquisition costs of the land?
Is there going to be demolition of homes?
If so, what are the relocation costs and issues?
How many residents will be affected and
how do we deal with their relocation?
Is there going to be any relocation of businesses?
What is the access? Is public transportation
available or needed?
Will adjacent streets handle the traffic patterns?
Will there be changes in traffic patterns?
What will the requirements be for utilities?
Are utilities readily available?
Are there any unique drainage/flood plain issues
associated with location?
. Will location generate additional adjacent hotels,
restaurants, retail stores?
. What zoning problems will be involved?
(2) Number of Acres
Is there sufficient land available for the center?
Is there enough land for required parking?
(b) Recommendations concerning facility characteristics. In
this respect the task force shall consider the following:
(1) Size of Facility
What seating capacity is required for Lubbock's
market?
How much floor space is required for the
anticipated events?
(2) Type of Facility
What are the alternative uses available for an
all-purpose center?
What type of events should the Lubbock events
center accommodate (basketball, concerts, trade
shows, etc.)?
What amenities will be included in the center (box
seats, theater, concessions, acoustics, meeting
rooms, dining facilities, etc.)?
September 10, 1992
Page 748
(c) Recommendations concerning financial alternatives. In this
respect, the task force shall consider the following:
(1) Funding Sources
Need to determine source of funding for
construction of a center?
Need to determine source of funding for operation
and maintenance (O&M) costs of center once
completed?.
What are the various funding sources? (bond
election, sales tax, etc.)
When should the committee present these financing
options to the public? How?
(2) Proposed Budget
Design
Engineering
Demolition of existing areana, if applicable
Relocation Costs
Land Acquisition
Utilities
Construction
Personnel
Operations
Maintenance
SECTION 9. In addition to the duties set forth in Section 8 of
this Resolution, the task force shall undertake the following
activities:
(a) Review the existing Price Waterhouse Feasibility Study
concerning a multipurpose special events center for Lubbock,
Texas.
(b) Upon completion of the above review, make a determination as
to whether or not updates to the above study are needed.
(c) In the event the task force determines that updates to the
study described in subparagraph (a) above are needed, it
shall develop recommendations as to the specific areas to be
updated and deliver said recommendations to the City
Council.
(d) Based upon the criteria developed as required in Section 8,
subparagraph (a) of this Resolution, recommend a minimum of
three (3) locations where a multipurpose special events
center could be constructed.
(e) Recommend to the City Council the best financial
alternatives available for the construction of the
multipurpose special events center.
(f) Make recommendations to the City Council as to how best to
manage a multipurpose special events center in the event
said center is constructed. In this regard the task force
shall give close consideration to public vs. private
management of such a center.
(g) The task force shall investigate and make recommendations to
the City Council concerning the size of such proposed
center, the estimated cost to construct such a center and
the estimated cost to operate and maintain such a center.
September 10, 1992
Page 749
(h) The task force shall establish timelines to accomplish the
duties and tasks herein set forth.
(i) The task force shall determine if the acquisition of a
multipurpose special events center could be accomplished in
phases and if so, determine which phase or phases should be
given priority.
SECTION 10. The task force shall make its final recommendations
to the City Council within thirty (30) days of the expiration of the
terms of the members ❑f the task force. Upon receipt of the final
report and recommendations by the City Council the task force as herein
created shall cease to exist and be of no further force or effect.
Passed by the City Council this 10th day of September, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED, AS TO CONTENT:
s Rita P. Harmon
Rita P. Harmon, Assistant City
Manager/Public Safety & Services
APPROVED AS TO FORM:
s Johni C. Ross, Jr.
John C. Ross, Jr., City Attorney
At the August 27 Council meeting, Councilman Cooke
suggested establishing a task force to review the
possibility of a Multi -Purpose Special Events Center
and Council consensus was to establish a
Multi -Purpose Special events Center Task Force with,
the specific charges of site selection, facility
characteristics, and funding alternatives.
Rita Harmon, Assistant City Manager for Public
Safety and Services, gave an overview of the
proposed charge to this task force and stated that
the work of this group will not duplicate that of
the Phase I Study. She indicated that even though
the Resolution does not contemplate a representative
member from Texas Tech, this could be accommodated
if Council instructs.
Discussion ensued regarding representation from all
local universities and colleges and Ms. Harmon
suggested that rather than appoint these
representatives to the Task Force, that they be
invited to attend and give input during the Task
Force meetings.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3959
as recommended by Staff. Motion carried: 7 Yeas; 0
Hays.
September 10, 1992
Page 750
92-51B-750-524
(31.) Consider Resolution #3960 authorizing acceptance of
water and sewer improvements for Lots 203-233,
Preston Hills Addition.
RESOLUTION #3960
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
203 THRU 233, PRESTON HILLS ADDITION.
WHEREAS, the developer of Lots 203 thru 233, Preston Hills
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 $40,447.66
with the improvements constructed by United Contractors of America
having a value of $26,291.75 as determined by the unit prices
established by said Chapter 28, and $14,155.91 cash paid to the City
which includes $11,749.44 transferred funds for adjacent lines, with
Lubbock Land Company, the developer to receive a refund of $12,917.55 in
accordanice with Chapter 28 of the Code of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $12,917.55
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$0.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 10th day of September, 1992.
Is1 David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Michael E. Murphy
Michael E. Murphy, Senior Utilities
Engineer
APPROVED AS TO FORM:
Zsl J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
September 10, 1992
Page 751
92-51B-751-525
(34.)
According to Staff memo, this is a routine
acceptance of water and sewer improvements
constructed in accordance with the subdivision
regulations. The total cost ❑f the improvements is
$40,447.66 including: Value of construction
costs--$26,291.75; and cash paid t❑ the City of
Lubbock--$14,155.91 (includes $11,749.44 transferred
funds for adjacent lines). The Developer, Lubbock
Land Co., will receive a refund of $12,917.55 in
accordance with Chapter 28 of the Code of the City
of Lubbock. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Councilman Neugebauer requested to recuse himself
from discussion and vote on this item citing a
conflict of interest. City Secretary Ranette Boyd
noted that the appropriate affidavit has been filed
with her office.
Motion was made by Councilman Cooke, seconded by
Mayor Pr❑ Tem Trejo to authorize Resolution #3960 as
recommended by Staff. Motion carried: 6 Yeas;
0 Nays --Councilman Neugebauer recused.
RESOLUTION #3961
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 Gilbert Texas
Construction for construction of runway 17R-35L shoulders and airfield
signage 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
❑f this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of September, 1992.
Is1 David R. Langston
DAVID R. LANGST0N, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene, Eads
Gene Eadls, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
September 10, 1992
Page 752
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 10th day of September,
1992 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through David R. Langston, Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and Gilbert Texas
Construction Corp. of the City of Round Rock, County of Travis, 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. 12159--Lubbock International Airport Runway Improvements
(Lubbock, International Airport) in the amount of (See Contract)
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.
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:
Zsl Bern E. Case
ATTEST:
s Allen R. Kearns
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/sZ Harold Willard
Gilbert Texas Construction Co U .
CONTRACTOR
By: /s/ Keith Sasich
TITLE: Vice President
COMPLETE ADDRESS: Gilbert Texas Construction Corp.
800 Paloma Drive, Suite 160
Round Rock, Texas 78664
Motion was made by Councilman Patterson, seconded by
Councilman Cooke to authorize Resolution #3961 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
September 10, 1992
Page 753
92-518-753-526
(32.)
92-518-753-527
(33.)
92-518-753-528
(35.)
92-518-1'53-529
(37.)
92-51B-7'53-530
(36.)
Hold an Executive Session under Article 6252-17(e)
regarding pending litigation [Codes Enforcement]_
Permit and License Appeal Board
Multi -Purpose Special Events Center Task Force
Consider 11 appointments to the Multi -Purpose
Special Events Center Task Force.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Treja to appoint Linda Greenstreet,
Don Cosby, Ray Moran, Gilbert Flores, David Seim,
Oscar Alvarado, Buford Wiley, John Elliott, Jack
Chapman, Nell Russell, and Barney Adams to the
Multi -Purpose Special Events Center Task Force.
Motion carried: 1 Yeas; 0 Nays.
Weston Pettey, who resigned. Dr. Pettey's term will
expire -April 27 1993.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to appoint Phyllis Clark to
the Permit and License Appeal Board. Motion
carried: 7 Yeas; 0 Nays.
Mayor Langston announced that during their Executive Session, the City
Council had analyzed written evaluations which addressed the performance
of the City Secretary, the City Attorney, and the City Manager and set
forth projects, objectives, and goals to be accomplished by each.
Mayor Langston stated the following objectives for the City Secretary:
(1) That she run orderly, well -staffed elections with trained
personnel; (2) that she reconfirm her commitment to her present
position; (3) that she improve direct communications with the Council,
including communications concerning City Secretary office procedures,
staffing, and general operations (i.e. time off and quarterly updates);
and (4) th-at she present the City Secretary's Office proposed budgets to
the City Council prior to proposing them to the City Manager.
Motion was made by Councilman Patterson, seconded by Councilman Cooke to
approve the evaluation of the City Secretary and to renew her contract
for one year at her present salary. Motion carried: 7 Yeas; 0 Nays.
September 10, 1992
Page 754
Mayor Langston stated that with regard to the evaluation of City
Attorney John Ross, the City Council had conducted written evaluations
and established projects, objectives, and goals to be accomplished as
follow: (1) That his answers to questions of Council should be clear
and concise, that he find a way to accomplish Council goals rather than
providing an analysis of legal obstacles; (2) that he present quarterly
oral reports to the Council during personal meetings on status of cases,
pending legal issues, etc.; (3) that he survey City departments as to
service needs that are perhaps needed and are not now being met, and to
find out how the City Attorney's office can better assist the
departments; 14) that he present the budget of the City Attorney's
office to the Council prior to submitting same to City Manager; and (5)
that he prepare an appropriate amendment or suggested language to the
Charter describing the roles and responsibilities of the City Attorney
and the City Secretary.
Motion was made by Councilman Neugebauer, seconded by Councilman Cooke
to accept the evaluation and to renew the employment of the City
Attorney for one year at his present salary. Motion carried: 7 Yeas; 0
Nays.
Mayor Langston stated that the City Council performed an evaluation of
City Manager Larry Cunningham and that during the evaluation process,
Council had received a letter from Mr. Cunningham. At this point, Mayor
Langston asked Mr. Cunningham to read the letter into the record and Mr.
Cunningham then made the following statement:
"Thank you, Mayor. It's been my privilege and pleasure to
have worked for the City of Lubbock for the past 25 years.
During this time I have had an opportunity to work for an
outstanding group of City Councils and citizens. I've also
hard the opportunity to have worked with the finest group of
City employees in the Country.
Many wonderful projects and accomplishments have been made,
and I am proud to have been a part of this great community.
With the newly elected group of City Council members, a new
da,y is here, and I believe it is in the best interest of
thiis community, my family, and me to turn the City
management of this City over to someone else and for me to
pursue other endeavors.
Therefore, after discussion with City Council, I am
resigning my position as City Manager, effective
imimed iately.
I wish the citizens of Lubbock the best and the City Council
the best. Most importantly, I thank the City employees who
have been so helpful and dedicated during the tenure that I
served as City Manager and prior to that, as a City
administrator in other capacities, and I wish our employees
the best. Thank you very much."
Mayor Langston thanked Mr. Cunningham and announced that after
adjournment there would be a press conference during which the Mayor
would make a statement.
Motion was made by Councilman Cooke, seconded by Councilman Neugebauer
to accept the resignation of City Manager Larry Cunningham, effective
September 10, 1992, subject to waiver of Paragraph 6 of the management
service agreement of March 22, 1984 and honoring Paragraphs 7, 8, 9, and
10 of that agreement.
Mayor Langston requested Council consent that upon passage of this he,
as Mayor, would submit a letter recognizing this to the former City
Manager.
Motion carried: 6 Yeas; 1 Nay --Councilman Aderton.
September 10, 1992
Page 755
There being no further business to co a before,
made by Councilman Patterson, seconde by Counc
adjourn the meeting at 8:30 p.m. Moti n c �J
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 24th da]
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
tion was
Neugeb "er to
Ye C; s .