HomeMy WebLinkAboutMinutes - City Council - Regular - 10/6/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 6, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 6th day of October, 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,
Councilmember T. J. Patterson, Councilmember M. J. Aderton,
Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember
Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross,
Jr., and City Secretary Ranette Boyd.
Mayor Langston called the meeting to order at 10:00 A.M.
( 1.) The Invocation was given by Dan Hawkins, Director of
Water Utilities.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Presentation of Employee Blood Drive awards.
In response to a request from Councilmember Ince, it was consensus to
remove Item #13 from the Consent Agenda.
( 4.) Motion was made Councilmember Patterson, seconded by
Councilmember Neugebauer to approve the Minutes of
the September 24, 1992 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
92-51B-819-566
( 5.) ORDINANCE #9556--Zone Case #2691 (northeast Parkway
Drive and Guava Avenue) --Request of Kenneth Burns
(for Divine Love Baptist Church) for a zoning change
from R-1 to A-2 (limited to church and church
related uses) on a tract out of Section 3, Block A.
ORDINANCE #9556
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2691; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH AND
CHURCH RELATED USES, ON A TRACT OUT OF SECTION 3, BLOCK A, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to pass on second and
final reading Ordinance #9556 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
October 6, 1992
Page 820
92-51B-820-567
( 6.)
ORDINANCE #9557
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2692; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A BUILDING SUPPLY
CENTER ON A TRACT OUT OF SECTION 2, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to pass on second and
final reading Ordinance #9557 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
92-51B-820-568
( 7.) ORDINANCE #9555--Abandoning and closing a
Transformer Pad Easement located in Lot 786,
Lakeridge Country Club Estates Addition (5003 96th
Street).
ORDINANCE #9555
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT
LOCATED IN LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to pass on second and
final reading Ordinance #9555 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
92-51B-820-569
( 8.) Consider Resolution #3982 authorizing the sale of a
parcel of land by the City Council and authorizing
the Mayor to execute a Quit Claim Deed in favor of
the Panhandle -South Plains Fair Association (808
Avenue A).
RESOLUTION #3982
WHEREAS, a 780 square foot tract of land out of Lot Seventeen
(17), Block Seventy -Nine (79), Original Town Addition to the City of
Lubbock, Lubbock County, Texas, is hereby determined to be surplus to
the needs of the City of Lubbock and can be sold, due to its size and
shape, without bid procedures or publication, to an abutting owner for
its fair market value pursuant to Section 272.001 of Vernon's Texas
Codes Annotated Local Government Code; and
WHEREAS, said land has an appraised fair market value of $234.00,
and an abutting owner, PANHANDLE -SOUTH PLAINS FAIR ASSOCIATION, has
offered to purchase said land, and this City Council has hereby
determined that it would be in the public interest to sell said land to
said abutting owner at fair market value; NOW THEREFORE:
October 6, 1992
Page 821
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the sale of surplus land as hereinabove set forth
in the preamble hereof is hereby approved.
SECTION 2. THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute a Quitclaim Deed from the City of
Lubbock unto PANHANDLE -SOUTH PLAINS FAIR ASSOCIATION, as Grantee, for a
consideration of $234.00 in cash paid to the City of Lubbock by Grantee,
a copy of which Deed 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 6th day of October, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County
of Lubbock, State of Texas, hereinafter called "GRANTOR," 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 PANHANDLE -SOUTH
PLAINS FAIR ASSOCIATION, 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
GRANTOR'S 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:
A 780 square foot tract of land recorded in Volume 169, Page
219 of the Deed Records of Lubbock County, Texas, being
located in Lot Seventeen (17), Block Seventy -Nine (79),
Original Town Addition to the City of Lubbock, Lubbock
County, Texas;
All of the West Thirty feet (W 30') of Lot Seventeen (17),
Block Seventy -Nine (79), Original Town Addition of Lubbock,
Lubbock County, Texas;
All of the easement and right-of-way rights upon, under,
along and across the East Ninety feet (E 90') of Lot
Seventeen (17), Block Seventy -Nine (79), Original Town
Addition of Lubbock, Lubbock County, Texas.
October 6, 1992
Page 822
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, its successors and assigns forever, so
that neither the GRANTOR, its successors or assigns, nor any persons
claiming under GRANTOR 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 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold 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.
1992.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of October,
/s/ Sherri Hogan
Notary Public in and for
the State of Texas
My Commission Expires: 6/13/95
This Resolution allows the sale of a tract of land
just west of Avenue A and south of 8th Street to the
Panhandle -South Plains Fair Association and
authorizes the Mayor to sign a Quit Claim Deed from
the City of Lubbock to the Fair Association. The
legal description for this tract is "the west 30.00
feet of Lot 17, Block 79, Original Town Addition to
the City of Lubbock" and the proponent is Steve
Lewis for the Fair Association. This 30' by 26'
(780 sq. ft.) tract of land was purchased in 1931
for a water well site and has been abandoned.
October 6, 1992
Page 823
92-51B-823-570
( 9•)
The Public Lands Article 5421 C-12, Section 2A,
states that small portions of land may be sold to
the adjoining property owner. This piece of
property is being sold to the Fair Association for
30¢ per square foot, which is the Appraisal
District's value and also the price for which the
Fair Association purchased the surrounding land.
The recommended sales price to the Fair Association
for this tract of land was $234 (780 sq.ft. X 30¢).
This Quit Claim Deed also releases the Underground
Utility Easement across the east 90' of the lot
which served the well site.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize Resolution
#3982 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider Resolution #3983 authorizing the Mayor to
RESOLUTION #3983
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 as Permittee therein a License for a 9-inch
sewage pipeline across railway property by and between the City of
Lubbock and Atchison, Topeka and Santa Fe Railway Company for one
pipeline facility to be constructed, owned, operated and maintained by
said City of Lubbock across said Railroad's right-of-way at mile post
679 + 5018.1, Lubbock Subdivision, 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 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Pipe Line License with the Atchison, Topkea and Santa Fe
Railway Company is filed with Resolution No. 3983.
October 6, 1992
Page 824
This Resolution authorizes a Standard Underground
Pipeline Crossing License with Santa Fe to allow the
City to cross the tracks during construction of a
new sewer line across Southeast Drive and south to
Peach Avenue. This sewer line is needed to serve
the new prison hospital and Santa Fe will charge
$750 for the License.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize Resolution
#3983 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51B-824-571
(10.) Consider Resolution #3984 declaring the "intent to
pave" for those streets and alleys included in the
1992 assessment paving program.
RESOLUTION #3984
1992 ASSESSMENT PAVING PROGRAM
WHEREAS, the City Council of the City of Lubbock by Resolution No.
3924 and 3955 passed on July 9, 1992 and September 10, 1992, in regular
session of said City Council declared a necessity for and ordered the
improvement of those certain streets, highways, and alleys or portions
thereof in the City of Lubbock, Lubbock County, Texas, as more
particularly described hereafter, by excavating, grading and paving the
same, and by the construction of drainage facilities therein and by the
construction of curbs and gutters wherein curbs and gutters are not now
in place, and directing the City Engineer to prepare plans and
specifications for said improvements; and
WHEREAS, the plans and specifications for the improvements of said
highways, streets and alleys have now been duly approved by the City
Council of the City of Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock,
Lubbock County, Texas, to be necessary in the public interest to make
the improvements herein designated on those certain highways, public
streets and alleys or portions thereof; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT improving the hereinafter described highways,
streets and alleys or portions thereof, located within the City of
Lubbock by excavating, grading and paving the surface thereof and the
construction of drainage facilities therein, as well as the necessary
curbs and gutters, which are not now in place, be and are hereby found
to be a necessity.
SECTION 2. THAT the cost of making such improvements be partly
paid for by the City of Lubbock and partly by the owners of property
abutting upon the hereinafter described highway, street or streets and
alleys or portions thereof which are hereby ordered to be improved, and
the owners of such property as a personal liability after public
hearing, all in accordance with and as required by Article 1105b, of the
Revised Civil Statutes of Texas as currently amended.
October 6, 1992
Page 825
SECTION 3. THAT the portions of streets and alleys which
improvements are proposed to be constructed and the abutting property
proposed to be assessed for said improvements designated and defined by
Unit and Sub -Unit are as follows:
UNIT AND SUB -UNIT ALLEYS (10' WIDE)
A-461-21 The East-West alley between 73rd Street
and 74th Street from Slide Road to Zoar
Avenue
A-461-22 The East-West alley between 23rd Street
and 24th Street from Canton Avenue to 100
feet East of Elgin Avenue
UNIT AND SUB -UNIT STREET (36' WIDE)
2035-05 North Avenue "N" from N. Loop 289 to
Wabash Street
SECTION 4. THAT the City Secretary be and is hereby authorized
and directed to prepare a certified copy of this Resolution and to
record or cause same to be recorded in the Real Property Records of
Lubbock County, Texas.
SECTION 5. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This is the third of five resolutions required in
the assessment paving process and it states the
intent to pave for two alleys and one street. The
Resolution will be recorded at the County Courthouse
to notify owners of adjacent properties that paving
improvements are being considered.
Council previously approved resolutions stating
public necessity for these improvements and
approving plans and specifications. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize Resolution
#3984 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
October 6, 1992
Page 826
92-51B-826-572
(11.) Consider Resolution #3985 authorizing acceptance of
water and sewer improvements for Lots 3, 4, 5 and
Tract "C", West Chase Addition.
RESOLUTION #3985
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
3, 4, 5 AND TRACT 'C', WEST CHASE ADDITION.
WHEREAS, the developer of Lots 3, 4, 5 and Tract 'C', West Chase
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 $25,367.46
with the improvements constructed by Western Builders, having a value of
$10,318.78 as determined by the unit prices established by said Chapter
28, and $15,048.68 cash paid to the City, with Wal-Mart Stores, Inc.,
the developer to receive a refund of $3,389.88 in accordance with
Chapter 28 of the Code of the City of Lubbock and a refund of deposit in
the amount of $0; 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 $3,389.88 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 6th day of October, 1992.
/s/ 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:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
October 6, 1992
Page 827
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $25,367.46 including value of
construction costs ($10,318.78) and cash paid to the
City of Lubbock ($15,048.68). The developer,
Wal-Mart Stores, Inc., will receive a refund of
$3,389.88 in accordance with Chapter 28 of the Code
of the City of Lubbock and there is no refund of
deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize Resolution
#3985 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51B-827-573
(12.) BID #12202--Annual pricing for asphalt (Streets
Elf Asphalt--150,000 gl. 561010201 Asphalt MS-1,3%
Latex; 150,000 gl. 561010202 Asphalt MS-2,3% Latex;
75,000 gl. 561010203 Asphalt RS-2,3% Latex; 25,000
gl. 561010204 Asphalt MS-1; 25,000 gl. 561010205
Asphalt MS-2; 25,000 gl. 561010206 Asphalt RS-2.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
92-51B-827-574
(14.) BID #12175--C900 PVC pipe (Central Warehouse).
Western Industrial Supply--11,000' 8" C900 PVC pipe.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
92-51B-827-575
(15.) BID #12110--Aerial lift bodies (Fleet Services).
Altec Industries, St. Joseph, MO--1 ea. 50' Aerial
bucket insulated Spec 737; 1 ea. aerial lift w/58'
working height Spec 738; 2 ea. hydraulic lifting
derrick & bed Spec 739.
Drake Scruggs Utility, Broken Arrow, OK--3 ea. 41'
Aerial bucket with bed/body Spec 714; 1 ea. 33"
aerial lift unit & service body Spec 742.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize low bids
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
October 6, 1992
Page 828
92-51B-828-576
(16.)
92-51B-828-577
(17.)
BID #12090--Bus shelters (Citibus).
Midwest American Shelters Systems, Akron, OH--15 ea.
bus shelters.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
BID #12113--Annual pricing for fuses (Central
Warehouse).
Temple, Inc.--320 ea. 100 amp 7.8 KV open fused
cutout; 6 ea. 600 amp underarm solid blade
disconnect switch; 25 ea. 2 amp Type T fuse link;
1,000 ea. 6 amp Type T fuse link; 75 ea. 10 amp Type
T fuse link; 100 ea. 15 amp Type T fuse link; 150
ea. 25 amp Type T fuse link; 400 ea. 40 amp Type T
fuse link; 150 ea. 65 amp Type T fuse link; 50 ea.
80 amp Type T fuse link; 25 ea. 140 amp fuse link;
100 ea. 50 amp fuse link.
Westinghouse Electric Supply--10 ea. 200 amp 15 KV
open fused cutout; 15 ea. 200 amp loadbreak 15KV
cutout; 12 ea. 300 amp dead blade 15KV cutout; 1,000
ea. 125V T30 plug fuse; 120 ea. 30 amp 250V fuse; 15
ea. 100 amp 250V fuse; 10 ea. FRS 90 600V fuse; 80
ea. 60 amp 600V fuse; 20 ea. 100 amp 600V fuse; 30
ea. FRN 90 250V; 30 ea. FRN 45 dual element fuse;
130 ea. FRN 60 dual element fuse; 30 ea. FRS 40 600V
fuse; 40 ea. FRS 10 600V fuse; 15 ea. FRS 125 600V
fuse; 70 ea. FRS 30 fuse; 40 ea. BB2 dual element
600V fuse.
Cummins Supply, Amarillo--70 ea. FRS 15 dual element
600V fuse; 50 ea. FRS 20 600V fuse; 100 ea. FRS 30
dual element 600V fuse.
Nunn Electric Supply--60 ea. 60 amp 250V fuse.
B&B Industrial Electric Supply, Amarillo--35 ea. FRS
100 dual element 600V fuse.
Motion was made by Councilmember Patterson, seconded
by Councilmember Neugebauer to authorize low bids
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
October 6, 1992
Page 829
92-51B-829-578
(13.) BID #12181--LPD renovations at Municipal Square
Building, and authorize same (Building Services,.
RESOLUTION #3986
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 Wardroup & Associates
for renovations of the Lubbock Police Department at the Municipal Square
Building, 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 6th day of October, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 6th day of October,
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 Wardroup &
Associates 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. 12181--LPD Renovations Municipal Square (Building Services) in
the amount of $125,928.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
October 6, 1992
Page 830
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ David Ziegler /s/ Don Vandiver
ATTEST:
Secretary
Wardroup & Associates
CONTRACTOR
By: /s/ W. C. Wardroup
TITLE: Owner
COMPLETE ADDRESS: Wardroup & Associates
4408 Brownfield Drive
Lubbock, Texas 79410-1799
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #3986
as recommended by Staff. Motion carried: 6 Yeas;
0 Nays--Councilmember Ince recused.
92-51B-830-579
(19.) Consider Resolution #3987 authorizing the Mayor to
execute an Agreement with the State for the repairs
of underground wiring systems for existing traffic
signals.
RESOLUTION #3987
WHEREAS, during the reconstruction and repair project conducted by
the Texas Department of Transportation (herein called "State") on Loop
289 of the State's highway system in the City of Lubbock (herein called
"City") certain damages have occurred, as a result of said project, to
underground wiring systems of traffic signals maintained by the City at
interchanges of Loop 289 at University Avenue, Indiana Avenue, and
Quaker Avenue; and
WHEREAS the State has indicated its desire and willingness to
reimburse the City for actual expenses incurred by the City in repairing
such damage; and
WHEREAS, the State and City desire to execute an agreement to
effect such a reimbursement arrangement for the purposes as hereinabove
set forth; NOW THEREFORE:
October 6, 1992
Page 831
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City an agreement to be
entered into by and between the City and the State entitled "AGREEMENT
FOR THE REPAIRS OF UNDERGROUND WIRING SYSTEMS FOR EXISTING TRAFFIC
SIGNALS," 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 on this the 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ David E. Woosley
David E. Woosley, City Traffic
Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
Agreement No.
I` Lubbock County
L..
Project: F1107 (29) Etc.
Control: 0783-01-057, Etc.
Highway: Loop 289
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR THE REPAIRS
OF UNDERGROUND WIRING SYSTEMS
FOR EXISTING TRAFFIC SIGNALS
THIS AGREEMENT, is made by and between the State of Texas, acting by and
throuh the Texas Department of Transportation, hereinafter called the
"State", and the City of Lubbock, Texas, a municipal corporation, acting
by and throu its duly authorized officials, hereinafter called the
"city".
W I T N E S S E T H
WHEREAS, the State owns and operates a system of higways for public use
and benefit, including State Loop 289 in Lubbock County; and
WHEREAS, during the construction of Loop 289, damages to the City's
underground wiring systems for the existing traffic signals occurred at
the interchanges of Loop 289 at University Avenue, Indiana Avenue and
Quaker Avenue, as shown in "EXHIBIT A", attached hereto; and
WHEREAS, the State desires to reimburse the City for the costs to repair
said underground wiring systems; and
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and the agreements of the parties hereto, it is agreed as
follows:
October 6, 1992
Page 832
AGREEMENT
1. AGREEMENT COSTS
The estimated costs for the repair of the underground wiring systems at
the locations acknowledged herein is $31,305.87. This amount is based on
the cost estimates, attached hereto and identified as "EXHIBIT B". Said
costs shall be for the replacement of the damaged wiring systems and
will not be used for the upgrading of the systems.
2. PAYMENTS
A. The State will reimburse the City for actual costs incurred for
the repair of the underground wiring systems. The City shall submit four
(4) copies of the TxDOT Form 132, or any other invoice form acceptable
to the State, and accompanying documentation to the following address:
Texas Department of Transportation
P.O. Box 771
Lubbock, Texas 79408-0771
Attention: District Engineer
B. The State shall make payment to the City within thirty (30) days
from receipt of the City's request for payment, provided the request is
properly prepared, executed and documented.
C. Payment to the City for the costs incurred under this agreement
will be made in accordance with the principles outlined in 48 CFR, Ch.
1, Part 31, Federal Acquisition Regulations (FAR).
3. EQUIPMENT AND PERSONNEL
The City shall furnish all equipment, materials and supplies required to
perform the work defined under this agreement. All employees of the City
shall have such knowledge and experience as will enable them to perform
the required repairs in a efficient and satisfactory manner.
4. PROCUREMENT STANDARDS
The City shall adhere to the procurement standards established in Title
48 CFR Part 18.26.
5. INSPECTION OF WORK
The State and its duly authorized representatives will be afforded the
opportunity to inspect the work being performed by the City. The
inspections will be done in such a manner as not to disrupt or interfere
with the work performed by the City and its contractors.
6. INSPECTION OF BOOKS AND RECORDS
The City shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this agreement
and shall make such materials available to the State and its duly
authorized representatives for review and audit purposes during the
contract period and for three (3) years from the date of final payment
or until any impending audits or litigation has been fully resolved.
7. REMEDIES
Violation or breach of agreement terms by the City shall be ground for
termination of the agreement and any increased costs arising from the
City's default, breach of agreement or violation of agreement terms
shall be paid by the City. This agreement shall not be considered as
specifying the exclusive remedy for any default but all remedies at law
and in equity may be available by either party and shall be cumulative.
October 6, 1992
Page 833
8. DEBARMENT REQUIREMENTS
The City is prohibited from making any award or permitting any award to
any tier to any party which is debarred or suspended or otherwise
exclused from or ineligible for participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension". The
City shall require any party to a subcontract or purchase order awarded
under this agreement, as specified in Title 49 CFR Part 29, to certify
its eligibility to receive federal funds, and when requested by the
State, to furnish a copy of the certification.
9. EQUAL EMPLOYMENT OPPORTUNITY
The City shall comply with the regulations of the U. S. Department of
Transportation as they relate to equal employment opportunity, as set
forth in Title 41 CFR Part 60.
10. LEGAL CONSTRUCTION
In case one or more provisions contained in this agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provision and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
11. ENTIRE AGREEMENT/AMENDMENTS
This agreement contains the entire agreement between the parties and no
modifications of this agreement shall be held valid until the
modifications have been agreed upon through the issuance of an amendment
executed by the parties hereto.
12. COMPLIANCE WITH LAWS
f The City shall comply with all federal, state and local laws, statutes,
LW ordinances, rules and regulations, and the orders and decrees of any
court or administrative body or tribunals in any matter affecting the
performance of this agreement.
October 6, 1992
Page 834
13. AGREEMENT PERIOD
This agreement becomes effective upon the date of final execution and
shall terminate upon the State's payment of the final billing defined
herein.
IN WITNESS HEREOF, the parties to this agreement have executed duplicate
counterparts.
THE CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
David R. Langston, Mayor
Date: October 6, 1992
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ David E. Woosley
David E. Woosley, P.E.
City Traffic Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
THE STATE OF TEXAS
Executed for the Executive Diredctor and approved for the Texas
Department of Transportation under the authority of Minute Order 100002
and TxDOT Directive 1-91, for the purposes and effect of carrying out
the orders, established policies and work programs hereto approved and
authorized by the Texas Transportation Commission.
By:
B. F. Templeton, P.E.
Director of Construction and
Contract Administration
Date:
Several years ago, the City and the State signed
agreements requiring the City to perform routine
maintenance on traffic signals installed at South
Loop 289 at University Avenue, Indiana Avenue and
Quaker Avenue and in addition, to keep the traffic
signals operational. During recent construction of
the South Loop, damage occurred to underground
conduit and wiring and in order to keep the traffic
signals operating, repairs were necessary.
Similarly, uncompleted work that remains may cause
additional underground damage.
October 6, 1992
Page 835
According to Staff memo, this type of repair is
beyond routine maintenance and the City should be
reimbursed by the Texas Department of Transportation
for $4,305 in repair funds expended by the City, as
well as future expenses due to the construction.
TxDOT concurred that these repairs are beyond
routine maintenance and has agreed to set up an
account for all expenses to repair damages by the
contractors and to do this, an agreement with the
City must be approved. Total estimated damages
which may be as high as $31,000, will not be known
until all underground conduit is tested.
Staff recommended approval in order to recoup
expenses.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Aderton to authorize
Resolution #3987 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
92-51B-835-580
(20.) Consider Resolution #3988 authorizing the Mayor to
sign an Agreement with HDR Engineering for landfill
siting/permitting services.
RESOLUTION #3988
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 HDR Engineering, Inc.,
for the selection of a site for a Type I Municipal Waste Sanitary
landfill, which Contract is attached herewith, which shall be spread
r... 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 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Lee Ramirez, Solid Waste Superintendent
APPROVED AS TO FORM:
/s/ Anthony Williams
Anthony Williams, Assistant City
Attorney
A copy of the Contract with HDR Engineering, Inc., and Attachments, A,
B, and C are filed with Resolution No. 3988.
October 6, 1992
Page 836
At the September 10, 1992 City Council Work Session,
Staff was directed to negotiate a Contract with HDR
Engineering, Inc. to initiate site selection and
permitting activities for a new Lubbock Landfill.
Staff has completed the negotiations and presented
the agreement as follows:
Phase I of the agreement is Site Selection and
consists of two work elements: Landfill Site
Selection and Project Management. HDR will assist
with the Landfill Site Selection through the
Landfill Siting Advisory Task Force, and this
element will consist of four primary tasks:
1. Task 1100 - Facility Definition and
Institutional Issues
2. Task 1200 - Prior to the
identification of any candidates'
sites, assist the City Staff and the
Landfill Siting Advisory Task Force
in developing and approving site
selection criteria.
3. Task 1300 - Coordinate with the
Landfill Siting Advisory Task Force,
local Realtors and City Staff in
identify and evaluating specific
candidate sites.
4. Task 1400 - City Council approval of
recommended site.
The second work element in Phase I of this contract
is Project Management in which HDR will assist the
City in performing the task in a timely and
efficient manner. Additionally, HDR will coordinate
tasks with the City and maintain constant
communication regarding project status and changing
conditions. Specifically, the Project Management
work element will consist of three primary tasks:
1. Task 2100 - Project Guide - In this
task HDR will compile a project task
for the entire project, which guide
shall contain a summary of the
project, project contract, a
description of the scope of
services, schedules, list of
deliverable, and administrative
procedures.
2. Task 2200 - Status Reports - In this
task HDR will provide the City with
a monthly status report describing
tasks completed during the previous
month and tasks anticipated to be
completed in the following month.
3. Task 2300 - Meetings - In this task
HDR will participate in Landfill
Siting Advisory Task Force meetings.
October 6, 1992
Page 837
The estimated cost for Phase I work is $115,000 and
includes a maximum for HDR personnel services and
subcontractor services of $85,000 and an estimated
$30,000 of HDR and subcontractor reimbursable
expenses.
Phase II of the Scope of Work is Permitting and
consists of one major work element: Proposed
Sanitary Landfill, Permit Application. In this
Phase, HDR will assist the City in obtaining a Type
I Municipal Solid Waste Facility Permit from the
Texas Water Commission (TWC) once a Landfill Site
has been secured. The Phase II portion of the
contract consists of the following major tasks:
1. Task 3100 - Review Existing Data
2. Task 3200 - Field and Laboratory
Investigations
3. Task 3300 - Permit Application and
Landfill Design
4. Task 3400 - Public Hearing
Participation
The cost for Phase II is presently unknown since the
site has not been selected and cost estimates cannot
be developed; however, Staff estimated that
engineering costs for this project could approximate
$400,000. When a site is approved by Council, Staff
will prepare a proposed Cost Schedule for Phase II
Work. Because of the multi -year nature of this
f project, these expenses are estimated to be incurred
over a three to five year period. Funds for this
1... project are included in the Solid Waste Management
FY 92/93 Capital Budget, Project No. 2143-9855,
Landfill Permit.
Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#3988 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
October 6, 1992
Page 838
92-51B-838-581
(21.)
C.A.R.E. Center.
RESOLUTION #3989
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Amendment to an Agreement For Services in Investigations of Child Abuse
by and between the City of Lubbock and the Texas Tech University Health
Sciences Center, 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 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT TO AGREEMENT FOR SERVICES
IN INVESTIGATIONS FOR CHILD ABUSE
WHEREAS, the City of Lubbock and the Texas Tech University Health
Sciences Center School of Medicine Department of Pediatrics have
heretofore on the 22nd day of October, 1991, entered into an Agreement
for the Department of Pediatrics to provide the City of Lubbock Police
Department with the specialized service of forensic evaluation in
suspected child abuse investigations; and
WHEREAS, the City of Lubbock and Texas Tech University Health
Sciences Center desire to extend said Agreement for one year; NOW
THEREFORE:
October 6, 1992
Page 839
WITNESSETH:
The Agreement for Services in Investigations of Child Abuse
heretofore executed by the City of Lubbock and the Texas Tech University
Health Sciences Center upon the 22nd day of October, 1991, is hereby
extended through September 30, 1993, under the same terms and conditions
as are set forth therein.
EXECUTED this 6th day of October, 1992.
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER
/s/ Elma Cavin
for President
/s/ Elma Cavin
Vice President for Fiscal
Affairs
APPROVED AS TO FORM:
/s/ Name Not Legible
Associate General Counsel
CITY OF LUBBOCK
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald Bridgers
Police Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
According to Anna Mosqueda, Assistant to the City
Manager, the City of Lubbock Police Department (LPD)
has contracted with Texas Tech University Health
Sciences Center School of Medicine, Department of
Pediatrics Child Advocacy Research and Education
Center (C.A.R.E. Center) for specialized forensic
evaluation including medical evaluation, case
review, consultation, professional training and
other needed services for the investigation of child
abuse cases referred to C.A.R.E. by L.P.D. All
suspected cases are referred for evaluation and many
of the individuals referred do not show up for the
exam or go to a family doctor for evaluation.
The terms of the agreement are as follows:
Compensation•
1. A minimum of $34,800 per year to be
paid in monthly installments of
$2,900, based on a projected 55
referred cases per year, at an
estimated 4 hours each. $2,900 will
be the minimum monthly amount paid.
2. Additional services requested by
Police Department over and above
those outlined in agreement will be
billed at $100 per hour.
3. In no event shall the total number
of hours for which C.A.R.E. is
compensated exceed 800 hours for the
term of the agreement.
October 6, 1992
Page 840
Services Provided:
1. C.A.R.E. Center will provide
forensic evaluation, for both
outpatients and hospital inpatients,
which includes medical examination,
consultation with L.P.D. personnel
and a written report on referred
cases.
2. Weekly discussion as needed of
current referred child abuse cases.
3. Eight hours of formal training of
L.P.D. personnel in recognizing
child abuse and in handling of child
abuse investigations plus 4 hours of
preparation time to be billed at
$100 per hour.
4. Other consultative services as
needed in investigation of child
abuse cases, including expert
information to support arrests.
Other Provisions:
1. Subject to minimum amount City shall
compensate C.A.R.E. Center only for
referred cases and only for services
enumerated in "Services Provided"
clause.
2. If services provided in any one
month exceed $2,900, C.A.R.E. Center
shall submit itemized statement
justifying increased amount of
payment based on hourly rate of
$100/hour.
3. C.A.R.E. Center will submit a
detailed quarterly report.
4. Agreement may be renewed annually.
5. The agreement includes liability and
confidentiality clauses.
For this contract year through August (with one
report month remaining), 128 cases were referred
with 41 of these resulting in exams. This included
four consultations, two MCRT meetings, one training
session, and 10 other services (such as speaking
engagements, providing of expert witness and
courtroom testimony, and preparation for courtroom
testimony) at a total cost of $33,000. Last year, a
total of 107 cases were referred, with 41 of these
resulting in exams.
The actual cost per case is $400; however, a minimum
of $2,900 per month is paid to C.A.R.E. for services
available to the Police Juvenile Division in the
investigation, counselling and possible prosecution
of child abuse cases.
October 6, 1992
Page 841
Dr. Garcia, of the C.A.R.E. Center, spoke in favor
of the contract renewal.
Staff recommended renewal of this contract.
Motion was made by Councilmember Aderton, seconded
by Mayor Pro Tem Trejo to authorize Resolution #3989
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-841-582
(18.) Hold a public hearing to determine public
convenience and necessity for Limousine Permit on
behalf of Royal Transportation Corporation, Inc.,
and take appropriate action.
Mayor Langston opened the hearing at 10:30 a.m.
Shane Sears of Royal Transportation Corporation
appeared to request a Limousine Permit. Mr. Sears'
request is for 10 vehicles; however, he will
initially operate 3 Lincoln Town Car limousines and
add the remaining 7 at a later date.
Ken Phillips and Tracy Druce, Attorney, spoke in
favor of this request.
Those speaking in opposition to this request were:
Brock Anderson, partner in White Knights Limousine
Service; Jim Sexton, Sexton Enterprises and Tammy
Carroll.
Mayor Langston closed the hearing at 11:01 a.m.
Anna Mosqueda, Assistant to the City Manager, stated
that according to Section 27-103 of Ordinance 8167,
the City Council is required to hold a public
hearing on applications to consider whether the
public convenience and necessity will be served by
the issuance of the permit and in determining this,,
the City Council should take into consideration the
following:
(a) the financial responsibility of the
applicant;
(b) number, kind and type of equipment
and the color scheme to be used by
the applicant;
(c) the probable effect of increased
service on the local traffic
conditions;
(d) whether the safe use of the streets
of and by the public, both vehicle
and pedestrian, will be endangered
unduly by the granting of the
proposed additional service;
(e) the character, experience and
responsibility of the applicant;
(f) whether the applicant is fit, able
and willing to perform the service
on a regular and continual basis.
Octobt.r 6, 1992
Page 842
Although there are some basic requirements to obtain
a permit, such as performance bond ($3,000 for 6-10
limos), evidence of liability insurance, and number,
kind, type of equipment and color scheme, the
ordinance is more general regarding the parameters
that need to be considered in requests for approval.
Thus, the Council has more latitude in evaluating
and determining those factors pertaining to
financial responsibility, character, experience and
responsibility of applicant, and whether the
applicant is fit, able and willing to perform the
service on a regular and continuous basis.
A. Financial Responsibility
la.) Since this appears to be the
applicant's first business venture,
in order to provide Council some
insight into the applicant's
financial responsibility, Mr. Sears'
personal credit history was
reviewed. The results of Mr. Sears'
personal credit history revealed no
serious debts or late charges.
Although Mr. Sears' personal
financial statement would not
indicate financial capacity, two
financial backers have submitted
unaudited personal financial
statements that demonstrate
financial capacity. (Attachment 1).
lb.) Pending approval of the application
by the City Council, Mr. Sears will
provide required insurance coverage
and a performance bond before being
issued the limousine permit. Mr.
Sears must also have the vehicles
inspected prior to his permit being
issued.
lc.) Mr. Sears has revised his original
request of both taxicab and limo
applications to only a limo
application, and has submitted a
modified financial plan to include
sales projections for limo services.
Staff provided a copy of the first
year projection prepared by Mason,
Warner and Company submitted by Mr.
Sears. (Attachment 2).
October 6, 1992
Page 843
B. Number, Kind, Age and Type of
Equipment
The application indicates that white
Lincoln Town Cars will be used
initially, and stretch limousines
will be added later. Both of these
meet the description of a late model
luxury car outlined in the Limousine
Section of the Vehicle for Hire
Ordinance. The age of the cars is
not indicated, but the ordinance
requires that the vehicle be no more
than 10 years old unless it meets
requirements for classification for
antique vehicle. Ten limousines
will be permitted for this
operation. Only three (3) vehicles
will be purchased originally and
others will be added in the future.
C.&D. Probable Effect on Traffic
Conditions and Safety of Streets
Staff does not anticipates
significant effect on City streets
or Airport traffic due to the
addition of this company.
E. Character, Experience and
Responsibility of Applicant
A routine criminal history and
driving record history revealed Mr.
Sears to have no warrant record or
criminal history, but his driving
record shows two speeding tickets in
1991, two traffic accidents in 1990
and two unsafe lane change
violations, one in 1987 and one in
1991. Regarding the experience of
the applicant, his work history
reflects 4 months experience as a
limo driver for White Knights
Limousine Service, and various other
summer jobs.
All of the character references
submitted by Mr. Sears were
contacted and Mr. Sears was found to
be of good character with a solid
work background. One reference
check from a former employer gives
an unfavorable response. Mr. Sears
will be in direct competition with
his former employer and his
unfavorable review was anticipated.
A summary of the personal and
employment reference check are
included in your back-up material.
(See Attachments 3 & 4).
October 6, 1992
Page 844
F. Is the applicant fit, able and
willing to perform service?
Submission of the application
indicates willingness to perform the
service.
Mr. Sears proposes a rate structure
according to the various zones set
out by the Lubbock Code. The fees
proposed by Mr. Sears are a flat
rate of $43.50 per hour. Other
providers of limo service are:
Sexton Enterprises - 1 limo
Fare structure - $50/hour
White Knights Limo - 2 limos
Fare structure - $45/hour
Mr. Sears is required to submit a performance bond,
proof of adequate liability insurance, specific
vehicle information, and confirmation of commercial
location before a permit will be issued. Staff
understands Mr. Sears' concern about entering into a
contract for vehicles before application is approved
by Council and therefore feels that it is
appropriate to require all items to be submitted in
a timely manner after Council approval of the
application.
According to Ms. Mosqueda, Mr. Sears has submitted
the necessary information for consideration of his
application and Staff has no particular reservations
about approval and subsequent issuance of permit to
operate a limousine service in Lubbock after all
necessary permit requirements have been met.
Councilmember Patterson expressed concern regarding
Mr. Sears' ability to demonstrate financial
responsibility.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilmember Aderton to approve issuance of a
limousine permit to Royal Transportation, Inc. as
recommended by Staff, contingent upon meeting all
permit requirements. Motion carried: 6 Yeas; 1
Nay--Councilmember Patterson.
October 6, 1992
Page 845
92-51B-845-583
(22.)
establishment of a Reinvestment Zone for Tract 6,
of other local taxing units.
RESOLUTION #3990
WHEREAS, the City Council of the City of Lubbock does hereby
declare its intent to hold a public hearing pursuant to V.T.C.A., Tax
Code Section 312.201 for the purposes of determining whether or not to
create a reinvestment zone; and
WHEREAS, the above cited section of the Tax Code requires that a
time, date and place be selected for such public hearing; and
WHEREAS, notice of such public hearing shall be given by
publication in a newspaper of general circulation within the City and to
all presiding officers of all governing bodies accessing taxes within
the proposed boundaries of the zone; and
WHEREAS, the City Council of the City of Lubbock is desirous that
notice be given of the public hearing to consider the establishment of a
reinvestment zone as required by law; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a public hearing be held before the City Council
of the City of Lubbock on the 22nd day of October at 11:30 o'clock a.m.
for the purpose of allowing all interested persons to speak and present
evidence for or against the establishment of a reinvestment zone within
and upon the following described property:
All of Tract 6, Planters Industrial Park Addition to the
City of Lubbock, Lubbock County, Texas.
The public hearing shall be held in the City Council Chambers at 1625
13th Street, Lubbock, Texas at the date and time above set forth.
SECTION 2. THAT the form Notice attached hereto as Exhibit A
shall be completed in accordance with the time, date and location of the
public hearing hereby ordered held in this matter and the City Secretary
shall cause a copy of said notice to be published in a newspaper of
general circulation in the City not later than the 7th day before the
date of the hearing herein set and shall also deliver within the same
time period before the date set for public hearing a copy of said notice
to each presiding office of every governing body of each taxing unit
within the proposed boundaries of said proposed reinvestment zone.
October 6, 1992
Page 846
SECTION 3. THAT the City Secretary shall cause the notice sent to
each presiding officer as referred to in paragraph 2 of this resolution
to be mailed certified mail return receipt requested.
Passed by the City Council this 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Beatriz M. Rodriguez
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business Relations
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
EXHIBIT "A"
NOTICE OF PUBLIC HEARING
TO CONSIDER AN ORDINANCE ESTABLISHING
A REINVESTMENT ZONE IN ACCORDANCE WITH THE
PROVISIONS OF V.T.C.A. TAX CODE SECTION 312.201
Notice is hereby given that the City Council of the City of Lubbock will
hold a public hearing to determine whether or not to establish a
reinvestment zone within and upon the following proposed real property:
All of Tract 6, Planters Industrial Park Addition to the
City of Lubbock, Lubbock County, Texas.
That a public hearing be held before the City Council of the City of
Lubbock on the 22nd day of October at 11:30 o'clock a.m. for the purpose
of allowing all interested persons to speak and present evidence for or
against the establishment of a reinvestment zone within and upon the
above described property.
The public hearing shall be held in the City Council Chambers, City
Hall, 1625 13th Street, Lubbock, Texas 79401, on the date and time above
set forth.
At the public hearing the City Council shall determine whether or not a
reinvestment zone for commercial and industrial use shall be established
within and upon the real property above described.
According to Rod Ellis, Business Liaison, staff
received a request from McLane Food Service for
ten-year tax abatement on substantial modernization
and expansion of their distribution facility located
at East 19th Street and Loop 289. State law and
local guidelines prohibit Council from approving a
tax abatement agreement until a reinvestment zone
has been created and a public hearing is required
prior to the establishment of a reinvestment zone.
This resolution sets forth the date, time, location
and publication requirements for a public hearing on
a reinvestment zone to accommodate the request by
McLane Food Service for tax abatement.
October 6, 1992
Page 847
The City Secretary will publish notice of the
hearing in the Avalanche Journal seven days before
the date of the hearing and forward a copy of the
notices to the presiding officer of each taxing
entity within the proposed boundaries of the
reinvestment zone.
Staff recommended that Council schedule the public
hearing on creation of a reinvestment zone to
accommodate the request of McLane Food Service for
tax abatement for the next regular Council meeting
on Thursday, October 22, 1992 at 11:30 a.m.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #3990
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-847-584
(23.) Consider Resolution #3991 amending Section 1.3 of
the Bylaws of Lubbock Health Facilities Development
Corporation relating to the limitation of purposes
of such corporation.
RESOLUTION #3991
A RESOLUTION APPROVING AN AMENDMENT TO SECTION 1.3 OF THE BY-LAWS
OF LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION.
WHEREAS, the Board of Directors of the Lubbock Health Facilities
Development Corporation has approved an amendment to Sec. 1.3 of its
By-laws; and
WHEREAS, Section 221.027 of the Texas Health & Safety Code
requires all amendments to the By-laws of Lubbock Health Facilities
Development Corporation be approved by the City Council of the City of
Lubbock; and
WHEREAS, the City Council has reviewed the amendment to the
By-laws heretofore set forth; and
WHEREAS, the City Council finds that it would be in the best
interest of the Lubbock Health Facilities Development Corporation and
the citizens of the City of Lubbock to approve said amendment; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the amendment to Sec. 1.3 of the By-laws of Lubbock Health
Facilities Development Corporation as set forth below be and is in all
things approved by the City Council of the City of Lubbock.
October 6, 1992
Page 848
"Limitation on Purposes. In the exercise of its powers and the
accomplishment of the purposes of the corporation, no real,
personal, or mixed property shall be acquired, constructed,
provided, improved, financed, or refinanced unless such property
constitutes a "health facility", as defined in the Health
Facilities Development Act, Chapter 221, Tex. Health & Safety
Code; and
(a) the "user" of such "health facility" is a "non-profit
corporation" and such user is an organization described in
Section 501(c)(3) of the Internal Revenue Code of 1954, as
amended, and is exempt from tax under Section 501(a) of such
Code; or
(b) the transaction involves the refinancing or refunding
of obligations previously issued by the corporation,
including costs associated with such refinancing or
refunding."
Passed by the City Council this 6th day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Since its inception the Lubbock Health Facilities
Development Corporation has been involved with three
institutions for financing purposes. (1) Charter
Plains Psychiatric Hospital; (2) St. Mary's
Hospital; and (3) Methodist Hospital. The law has
changed during the tenure of this corporation and
the bylaws will not allow new financing for Charter
Plains because it is a for -profit organization.
Charter Plains is requesting that Staff re -finance
the original bonds issued to construct Charter
Plains. The purpose of this change to the bylaws is
to allow the Lubbock Health Facilities Development
Corporation to handle the re -financing of those
bonds.
This action does not increase the power of the
Corporation to finance projects not previously
financed or projects not eligible under current law.
Staff recommended approval of the Resolution.
Motion was made by Councilmember Neugebauer,
seconded by Mayor Pro Tem Trejo to authorize
Resolution #3991 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
92-51B-848-585
(24.) Hold an Executive Session to discuss contemplated
litigation (Codes Enforcement) and land acquisition
(Right -Of -Way).
October 6, 1992
Page 849
92-51B-849-586
(25.) Hold an Executive Session to discuss personnel
matters regarding duties, responsibilities, and/or
appointments to:
Landfill Siting Advisory Task Force
92-51B-849-587
(26.) Consider 11 appointments to the Landfill Siting
Advisory Task Force.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to appoint Kevin
Brightwell, Bert Flores, Elizabeth Haley, Steve
Hurt, Greg Ingham, Nita Kiesling, Don McBeath, Eddie
Schulz, Bob Sweazy, Charles Taylor, and Brax Wright
to the Landfill Siting Advisory Task Force. Motion
carried: 7 Yeas; 0 Nays.
There being no further business to rrrried;,—
e bef
by Councilmember Cooke, seconded byuncil
the meeting at 12:34 p.m. Motion c
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 22nd day
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Council motion was made
er a erso to adjourn
eas; 0 Na �--�
11