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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 .