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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