HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 22, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 22nd 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, First Assistant City Attorney
Donald G. Vandiver, and Acting City Secretary Sally Abbe.
Mayor Langston called the meeting to order at 10:15 A.M.
( 1.) The Invocation was given by Vaughn Hendrie, Director
of Community Relations.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
92-51B-851-588
( 4.) Don McCullough will appear to present the Private
Industry Council Disallowed Cost Plan.
RESOLUTION #3992
DISALLOWED COSTS PLAN
INTRODUCTION
The Private Industry Council, Inc. (PIC) and the chief elected officials
for the Lubbock/Garza Co. Service Delivery Area have agreed to carry out
their duties relative to the Job Training Partnership Act (JTPA) in a
cooperative manner and in accordance with the terms of the Act and
regulations issued pursuant thereto. Based on principles of good
management and the application of a system designed with multiple checks
and safeguards, no disallowed costs should ever occur. This plan is
designed and intended for use only if minor infractions, errors or
omissions should ever occur.
PURPOSE
The purpose of this plan is to establish a policy and priority for
actions, should they become necessary, if disallowed costs ever occur in
the administration of the JTPA funds for the City of Lubbock, Lubbock
County, and Garza County Service Delivery Area. These disallowed costs
are defined as those costs that are questioned as a direct result of a
State or local monitoring review, local or state investigation, and/or
audit questions/exceptions identified in the annual CPA audit required
of all JTPA Contractors with the State of Texas.
October 22, 1992
Page 852
POLICY
It is the expressed policy of the City of Lubbock, Lubbock County and
Garza County Private Industry Council, Inc. that should any disallowed
costs occur in conducting the activities required relative to the JTPA
funds provided by the State of Texas for this Service Delivery Area,
that these costs will be borne and paid by the responsible party if they
occurred as a result of a deliberate act that violated any terms of the
Act or regulations used pursuant thereto. For subcontractors of the PIC,
they will be held accountable in the provisions of their contracts
regardless of the intent, deliberate or accidental. For employees of the
PIC and/or PIC members, if the disallowed cost was not deliberate, the
following priority of actions will be followed:
A. Management efforts will be directed toward correcting the error or
omission in such manner as to avoid or reverse the disallowed
cost.
B. If the above actions are not successful, management efforts will
then be directed toward cooperative actions with State of Texas
officials to provide other services in lieu of cash repayment or
the provision of allowable in -kind services in lieu of cash
repayment.
C. If all the above actions are not successful, the undersigned
elected officials, representing the City of Lubbock, Lubbock
County, and Garza County, do affirm that those entities will
provide cash repayment up to the maximum amounts reflected below,
or applicable portions thereof, should the disallowed costs be
less than the maximums specified.
City of Lubbock $2,000
Lubbock County $ 500
Garza County $ 500
TERMINATION
All parties agreeing to this plan retain the right to terminate all
performances and obligations under this plan by notifying the other
parties in writing of such termination at least thirty (30) days prior
to the effective date of termination.
/s/ David R. Langston
David R. Langston, Mayor
City of Lubbock
Date: October 22, 1992
Judge, Lubbock County
Date:
Judge, Garza County
Date:
Chairman, Lubbock/Garza Co.
Private Industry Council
Date:
Don McCullough appeared to present the Private
Industry Council Disallowed Cost Plan.
According to Staff memo, the Private Industry
Council has operated for several years with a
"Disallowed Cost Plan" that had no funds committed
for it. The Texas Department of Commerce has
recently made it mandatory that each Service
Delivery Area has a plan with a minimum of $3000
cash committed as collateral.
October 22, 1992
Page 853
Since the citizens of the City of Lubbock, Lubbock
County, and Garza County benefit from almost $3
million annually, the commitment of these entities
is small should problems ever arise. Problem areas
would have to arise from state audits, various
monitoring reviews, investigations, or audit
questions/exceptions identified in the annual CPA
audits. None of these have ever occurred where the
PIC was required to pay disallowed costs.
Lubbock County Commissioners have authorized $500 of
the $3000, and Garza County has authorized $500 as
well.
Staff recommended that the City Council authorize
the Mayor to sign the PIC Disallowed Cost Plan
guaranteeing $2000 should the need ever occur.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #3992
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
( 5.) Motion was made by Councilmember Cooke to approve
the minutes of the October 6, 1992 Regular City
Council meeting, noting the correct meeting date and
also that Larry Cunningham was not present at that
meeting. Seconded by Councilmember Aderton. Motion
carried: 7 Yeas; 0 Nays.
92-51B-853-589
( 6.) Consider Resolution #3993 authorizing the Mayor to
sign the cover sheet of the plans for U.S. 62/82
L improvements (N.E. Loop 289 to Idalou) prepared by
the Texas Department of Transportation.
RESOLUTION #3993
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 the
title (cover) sheet of plans prepared by the Texas Department of
Transportation for asphaltic concrete pavement overlay and associated
tasks on U.S. 62/82 (Idalou Highway) from N.E. Loop 289 to Idalou.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting 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
October 22, 1992
Page 854
TxDOT routinely requests the Mayor to sign proposed
highway improvements plans located within the City
limits. This project consists of recycling the
existing surface and base in -place and constructing
a new hot mix overlay. The limits of this project
are on U.S. 62/82 (Idalou Highway) from Northeast
Loop 289 to Idalou.
This project is scheduled for bid in January, 1993
at an estimated cost of $2.4 million and it is being
funded by the National Highway System rehabilitation
program.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3993
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-854-590
( 7.) Consider Resolution #3994 accepting_ paving
improvements constructed by Western Builders in West
Chase Addition, Lots 3-5 and Tract "C".
RESOLUTION #3994
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW.
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
West Chase Addition, Lots 3-5 and Tract C, made arrangements with
Western Builders for the construction of paving improvements on certain
streets dedicated in said Ordinance prior to the recording of the
subdivision plat of the above -mentioned addition, including the
following streets:
72nd Street from its intersection with the East lip line of
Quaker Avenue to the West end of the curve at Peoria Avenue
known and designated as New Subdivision Sub -Unit Number 6 of
Unit Number 2035.
Peoria Avenue from the West end of the curve at 72nd Street
to its intersection with the South lip line of the Loop 289
Frontage Road known and designated as New Subdivision
Sub -Unit Number 7 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW
THEREFORE:
October 22, 1992
Page 855
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This is a routine acceptance of paving improvements
required at the time of platting this new
subdivision. There is no City cost associated with
these paving improvements.
Staff recommended approval of this acceptance
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3994
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-855-591
( 8.) Consider Resolution #3995 accepting strip paving
improvements constructed by Ronnie Zahn Paving,
Inc.. on North Avenue N. south of Loop 289.
RESOLUTION #3995
WHEREAS, the City of Lubbock heretofore entered into a Contract
with Ronnie Zahn Paving, Inc. for the making of paving improvements in
said city including, among others, the following:
North Avenue N strip paving from its intersection with the
South lip line of North Loop 289 to 400 feet North of
Marshall Street, known and designated as Sub -Unit 83 of Unit
Number 2240.
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
terms of said Contract, being a portion of Project No. 9682; NOW
THEREFORE:
October 22, 1992
Page 856
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said street BE and the same
are hereby accepted and the City Engineer is hereby authorized to direct
final payment to Ronnie Zahn Paving, Inc. in the amount of $2,181.82.
SECTION 2. THAT this Resolution shall take effect and be in force
from the date of its passage.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This is a routine acceptance of strip paving
improvements on North Avenue N from 400 feet north
of Marshall Street to North Loop 289. The contract
for these strip paving improvements was awarded by
the City Council on September 26, 1991. The
original contract amount was $46,561.25; the final
amount was $43,636.30, with a final payment of
$2,181.82 due the contractor upon this acceptance.
Staff recommended approval of this acceptance
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3995
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-856-592
( 9.) Consider Resolution #3996 accepting strip paving
improvements constructed by Ronnie Zahn Paving,
Inc., on portions of Niagara Street and North Avenue
K.
RESOLUTION #3996
WHEREAS, the City of Lubbock heretofore entered into a Contract
with Ronnie Zahn Paving, Inc. for the making of paving improvements in
said City including, among others, the following:
Niagra Street strip paving from the East lip line of North
Avenue "N" to its intersection with the West raw edge of
North Avenue "K", known and designated as Sub -unit Number 85
of Unit Number 2240.
North Avenue "K" strip paving from its intersection with
Niagra Street to its intersection with the South lip line of
North Loop 289, known and designated as Sub -unit Number 86
of Unit Number 2240.
October 22, 1992
Page 857
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
terms of said Contract, being a portion of No. 9681; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said streets BE and the same
are hereby accepted and the City Engineer is hereby authorized to direct
final payment to Ronnie Zahn Paving, Inc. in the amount of $2,272.54.
SECTION 2. THAT this Resolution shall take effect and be in force
from the date of its passage.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of strip paving
improvements constructed on Niagara Street, from
North Avenue N to North Avenue K, and North Avenue K
from Niagara Street, to North Loop 289. The
contract for these strip paving improvements was
awarded by the City Council on February 27, 1992.
The original contract amount was $47,853; the final
amount was $45,450.83, with a final payment of
$2,272.54 due the contractor upon this acceptance.
Staff recommended approval of this acceptance
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3996
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 22, 1992
Page 858
92-51B-858-593
(10.)
Streets.
RESOLUTION #3997
WHEREAS, the City of Lubbock heretofore entered into a Contract
with Williams and Peters Construction Company, Inc. for the making of
paving improvements in said City including, among others, the following:
21st Street from its
Upland Avenue to its
line of Urbana Place,
Unit 2240.
25th Street from its
Upland Avenue to its
line of Urbana Place,
Unit 2240.
intersection with the West raw edge of
intersection with the East right-of-way
known and designated as Sub -Unit 81 of
intersection with the West raw edge of
intersection with the East right-of-way
known and designated as Sub -Unit 82 of
Curb and gutter on Avenue G from the South end of radius of
3rd Street to the North end of radius of 3rd Place, known
and designated as Sub -Unit 87 of Unit 2240.
Curb and gutter on the East side of Avenue G from the South
end of radius of 2nd Place to the North end of radius of 3rd
Street, known and designated as Sub -Unit 88 of Unit 2240.
Curb and gutter on Avenue G from the South end of radius of
29th Street to the North end of radius of 30th Street, known
and designated as Sub -Unit 89 of Unit 2240.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
terms of said Contract, being Project No. 3113-591305-0001, Community
Development Block Grant funded project; NOW THEREFORE:
October 22, 1992
Page 859
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said streets BE and the same
are hereby accepted and the City Engineer is hereby authorized to direct
final payment to Williams and Peters Construction Company, Inc. in the
amount of $3,875.52.
SECTION 2. THAT this Resolution shall take effect and be in force
from the date of its passage.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
` This is a routine acceptance of paving improvements
L constructed on 21st Street, from Upland Avenue to
Urbana Place, and on 25th Street from Upland Avenue,
to Urbana Place. This contract was awarded by the
City Council on September 12, 1991. The original
contract amount was $63,687.50, and Change Order No.
1 approved on March 26, 1992 for $9,617.50 increased
the total contract amount to $73,305. The Change
Order added quantities to the contract enabling curb
and gutter construction on Avenue G from 2nd Place
to 3rd Street, Avenue G from 3rd Street to 3rd
Place, and Avenue G from 29th Street to 30th Street.
The County agreed to pave these streets where the
City is installing the curb and gutter.
The total amount of work was $74,200.06, which is
$895.06 more than the estimated contract total. The
overrun was due to work on drives behind the curb
and gutter on 21st Street necessary to satisfy those
abutting property owners. Final payment of
$3,875.52 is due the contractor upon this
acceptance.
Staff recommended approval of this acceptance
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3997
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 22, 1992
Page 860
92-51B-860-594
(11.) Consider Resolution #3998 directing the City
Engineer to prepare estimates and rolls for the 1992
Assessment Paving Program.
RESOLUTION #3998
RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATES,
ROLLS, ETC., IN CONNECTION WITH THE PROPOSED 1992 ASSESSMENT PAVING
IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES, AND/OR ALLEYS IN
AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the governing body of the City of Lubbock has heretofore
ordered and provided for the improvement of portions of sundry streets,
highways, avenues and/or alleys in and along the boundaries of the City
as designated below:
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 North
Loop 289 to Wabash Street
WHEREAS, it is proposed to make and levy assessments against
abutting property and the owners thereof and others for a portion of the
cost of such improvements; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Engineer of the City BE and he is hereby
directed to prepare and file with the City estimates showing cost of
improvements in each Unit, showing the description of the property
abutting upon each unit with the names of the owners of such property
and the amounts proposed to be assessed against each parcel of property
showing other matters and things, it being specially provided, however,
that any mistake in such estimates or in amounts and in the descriptions
of property or names of owners shall in no wise affect, invalidate or
impair any assessment which may be levied.
October 22, 1992
Page 861
SECTION 2. THAT such estimates, rolls and statements shall show
all information required to be shown thereon by the proceedings of the
City relating to such improvements and the law and charter with
amendments in force in the City, and by the provisions of Article 1105B
of the Revised Civil Statutes of Texas as currently amended.
SECTION 3. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
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 fourth of five resolutions in the
assessment paving process. This resolution directs
the City Engineer to prepare cost estimates and
assessment rolls for two alleys and one block of
Avenue N, north of North Loop 289. (The next
resolution will set the date of the public hearing.)
Staff recommended approval of this resolution.
Preparation of the assessment rolls will take
several weeks.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3998
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-861-595
(12.) Consider Ordinance #9558 abandoning and closing a
transformer pad easement located on Lot 285,
Pheasant Run Addition (7405 Huron Avenue).
ORDINANCE #9558
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT
LOCATED IN PHEASANT RUN 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.
October 22, 1992
Page 862
This ordinance abandons and closes a 4-foot by
6-foot transformer pad easement (T.P.E.) located at
the northeast corner of Lot 285, Pheasant Run
Addition. This easement is being closed for
building purposes and a new easement has been
dedicated by replat on Lot 284-A.
Staff recommended approval of this closure.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to pass on first reading
Ordinance #9558 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
�YA%I1:II-1.1PA
(13.) Consider Resolution #3999 authorizing the Mayor to
sign a contract and related documents with the Texas
Department of Housing and Community Affairs for a
1992-93 Energy Crisis Grant.
RESOLUTION #3999
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 and all related documents during the effective dates of the
Contract, by and between the City of Lubbock and the Texas Department of
Housing and Community Affairs for energy crisis intervention for low
income persons, 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 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia A. Martinez -Flores
Sylvia A. Martinez -Flores,
Community Services Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Contract with the Texas Department of Housing and
Community Affairs is filed with Resolution No. 3999.
The City of Lubbock has received the 1992-93
contract from the Texas Department of Housing and
Community Affairs for the Energy Crisis Intervention
Program. The term of the contract is from October
1, 1992 to September 30, 1993. This is the tenth
year the City has administered this grant.
October 22, 1992
Page 863
The anticipated funds total $23,680 and is a
decrease in funding by $22,996 or 45%. Of the total
amount, 94.74% will be used for direct assistance to
pay utility bills in emergency situations, and the
remaining 5.26% will cover administrative costs of
the program.
Funds will be used to assist the elderly, the
disabled, and families with pre-school age children.
To be eligible, the families must be experiencing
some extraordinary crisis which has depleted their
resources normally used to pay utility bills. Such
instances include accidents or illness resulting in
high medical bills, loss of employment, death or
funeral expenses, unusually high utility bills
resulting from severe weather, or termination of
unemployment compensation. Termination of utility
service alone does not pay reconnect fees or
deposits and if necessary, Project Help funds may be
used for these expenses.
Community Services determines eligibility and
arranges for payment of utility bills within 48
hours of application. State funds are to be spent
county -wide, and Project Help money is spent only
within the City limits. Last year, a total of 530
households were assisted, but due to the limited
funding this year, the number of families to be
assisted will decrease significantly.
Staff recommended approval for the Energy Crisis
Program for fiscal year 1992-93.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #3999
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 22, 1992
Page 864
92-51B-864-597
(14.) BID #12253--Detroit Avenue paving improvements, and
authorize same (Streets Engineering).
RESOLUTION #4000
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 Williams & Peters
Construction for paving improvements on Detroit Avenue, Lubbock, Texas,
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 22nd day of October, 1992.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
Ls/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, 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 22nd 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 Williams &
Peters Construction Co., Inc., 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. 12253--Detroit Avenue Paving Improvements (Streets Engineering)
in the amount of $527,095.50
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 22, 1992
Page 865
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
ATTEST:
/s/ Betty L. Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Williams & Peters Construction
CONTRACTOR
By: /s/ Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction
Box 5215
Lubbock, Texas 79417
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4000
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-865-598
(15.) BID #12184--Water Treatment laboratory equipment
(Water Treatment).
Hewlett Packard, Richardson --I ea. Gas
chromatograph/ mass spectrometer.
Varian Instrument Group, Sunnyvale, CA--1 ea. Atomic
apsorption spectrometer.
Fisons Instruments, Inc., Denvers, MA --I ea. Gas
Chromatograph w/short path thermal desorption
module.
Packard Instrument Co., Meridan, CT --I ea. Liquid
Scintillation counter.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
October 22, 1992
Page 866
92-51B-866-599
(16.) BID #12218--Roof renovation of 5th Street and Avenue
J building, and authorize same (Building Services).
RESOLUTION #4001
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 Lydick -Hooks Roofing for
re -roofing on a building located at 5th Street and Avenue J, Lubbock,
Texas, 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 22nd day of October, 1992.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, 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 22nd 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 Lydick -Hooks
Roofing 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. 12218--Roof Renovation of 5th Street and Avenue J Building
(Building Services) in the amount of $28,947.00
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 22, 1992
Page 867
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/ Sally Still Abbe /s/ David R. Langston
Acting City Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Lydick -Hooks Roofing
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Lydick -Hooks Roofing Company
1924 Clovis Road
Lubbock, Texas 79415
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4001
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-867-600
(17.) BID #12244--Home Security Program (Community
Services).
Heladio Torres--50 ea. 32"X80"X1-3/4" Pre -hung door
unit w/hardware and installation; 50 ea. 36"X80"X1-
3/4" Pre -hung door unit w/hardware and installation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
October 22, 1992
Page 868
92-51B-868-601
(18.) BID #12040--Water Treatment Plant improvements --
Contract 3. and authorize same (Water Utilities).
RESOLUTION #4002
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 Red River Construction
for improvements at the Water Treatment Plant located at 6100 N. Guava
Avenue, 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 22nd day of October, 1992.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, 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 22nd 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 Red River
Construction Co., Inc., of the City of Dallas, County of Dallas, 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. 12040--Water Treatment Plant Improvements Contract 3 (Water
Utilities) in the amount of $4,692,416.00
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 22, 1992
Page 869
The CONTRACTOR hereby agrees to
after the date written notice to do so
to substantially complete same within
documents.
commence work within ten days
shall have been given to him and
the time specified in the contract
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Dan Hawkins
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
ATTEST:
Red River Construction Co., Inc.
/s/ Name Not Legible CONTRACTOR
Secretary
By: /s/ C. Phillip Stegall
TITLE: President
COMPLETE ADDRESS: Red River Construction, Inc.
13725 Omega Road
Dallas, Texas 79414
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4002
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-869-602
(19.) BID #12183--Annual pricing for water meters (Water
Utilities).
Master Meter, Inc., Longview--5 ea. Cold -water meter
4" compound type; 10 ea. water meter 2" Class II,
tubine type; 40 ea. water meter 3" Class II turbine
type; 5 ea. water meter 4" Class II turbine type; 8
ea. water meter 6" Class II turbine type.
Hersey Products, Inc., Clevelland, NC--5 ea.
Cold -water meter 3" compound type; 3 ea. cold -water
meter 6" compound type; 1 ea. cold -water meter 8"
compound type; 1 ea. water meter 3" fire service
turbine type; 1 ea. water meter 4" fire service
turbine type; 1 ea. water meter 6" fire service
turbine type; 1 ea. water meter 8" fire service
turbine type; 1 ea. water meter 10" fire service
turbine type.
Precision Meter Co.--4,000 ea. water meter 5/8"X3/4"
multijet dry top; 300 ea. water meter 1" multijet
dry top; 50 ea. water meter 1-1/2" multijet dry top;
40 ea. water meter 2" multijet dry top.
Western Industrial Supply--2 ea. water meter 8"
Class II turbine type; 1 ea. water meter 10" Class
II turbine type.
October 22, 1992
Page 870
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-870-603
(20.) BID #12191--Playground equipment (Parks and
Recreation).
Iron Mountain Forge, Laredo--3 ea. playground
modular unit.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-870-604
(21.) BID #12190--Terminal Storage Reservoir
Rehabilitation, and authorize same (Water
Utilities).
RESOLUTION #4003
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 Red River Construction
for rehabilitation of terminal storage reservoir at the Water Treatment
Plant located at 6100 N. Guava Avenue, 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 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
October 22, 1992
Page 871
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd 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 Red River
Construction Co., Inc., of the City of Dallas, County of Dallas 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. 12190--Terminal Storage Reservoir Rehabilitation (Water
Utilities) in the amount of $1,247,750.00
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.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
Ls/ Dan Hawkins
ATTEST:
/s/ Name Not Legible
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Red River Construction Co., Inc.
CONTRACTOR
By: Ls/ C. Phillip Stegall
TITLE: President
COMPLETE ADDRESS: Red River Construction Company, Inc.
13725 Omega Road
Dallas, Texas 75244
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4003.
Motion carried: 7 Yeas; 0 Nays.
October 22, 1992
Page 872
92-51B-872-605
(22.) BID #12201--Annual pricing for sand, gravel and
caliche (Streets).
Butler Construction, Ransom Canyon--3,000 cy.
crushed caliche.
R.E. Janes Gravel Co., Slaton--2,500 tn. Grade 3/4"
base coarse gravel; 100 tn. Vealmore exposed
aggregate; 1,500 tn. screening or crush fines; 300
tn. Grade 3 gravel; 300 tn. Grade 4 gravel; 100 tn.
Grade 5 gravel; 200 tn. Grade 6 gravel; 500 tn. 1/2"
base coarse gravel; 2,500 tn. 1" base coarse gravel;
300 tn. 1" concrete rock; 6,500 tn. 00 Backfill
gravel; 100 tn. concrete sand; 200 tn. brick sand.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-872-606
(23.) BID #12200--Electrical surge arrestors (Central
Warehouse).
Cummins Supply, Amarillo--300 ea. HD Distribution
Class, metal oxide surge arrester; 250 ea. riser
pole metal oxide surge arrester.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51B-872-607
(24.) ORDINANCE #9559--Zone Case #2118-S (Southeast corner
of 94th Street and York) --Hold a Public Hearing_ to
consider request of J. B. Hoskins, Jr. for a zoning
change from R-1 to R-1 Specific Use (for garden
homes) on Lots 769-774, Lakeridge Country Club
Estates Addition.
ORDINANCE #9559
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2118-S; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON
LOTS 769-774, LAKERIDGE COUNTRY CLUB ESTATES ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing, offering
those in favor of the proposal and those opposed an
opportunity to speak.
Larry Teaver appeared on behalf of J.B. Hoskins, Jr.
to present this request for a zone change from R-1
to R-1 Specific Use on Lots 769-774, Lakeridge
Country Club Estates Addition. He asked the Council
to grant the request, which he stated was in keeping
with good planning for Lakeridge.
Councilmember Neugebauer asked Mr. Teaver if this
was essentially returning to the previous zoning.
Mr. Teaver replied that they should not have changed
the zoning, and wanted to return to to garden home
concept.
October 22, 1992
Page 873
92-51B-873-608
(25.)
No one appeared in opposition. Mayor Langston
closed the public hearing and asked for staff
comment.
David Jones, Director of Planning, stated that
within the last several years, the developer of
Lakeridge rezoned this area from Specific Use to
accommodate the proposed garden homes to standard
R-1 single family zoning. This request is to
reinstate the Specific Use Permit for a garden home
project.
Mr. Jones gave the adjacent land use relationships
as follow:
North - zoned under the original Specific Use
Permit - developed as detached homes on
94th and town homes on York
South - zoned R-1, vacant
East - R-1 Specific Use developed as townhomes
West - zoned R-1, vacant
According to Staff memo, this request is consistent
with both the Comprehensive Land Use Plan and zoning
policy and the project should have little effect on
traffic.
The Planning and Zoning Commission recommended
approval of this request and Staff supported the
recommendation.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on first reading
Ordinance #9559 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9560
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2378-A; A ZONING CHANGE FROM R-1 AND M-1 TO C-4 SPECIFIC USE FOR AN RV
STORAGE LOT ON TRACT A, FARM DISCOUNT STORE ADDITION AND A TRACT OUT OF
SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing, offering
those in favor of the proposal and those opposed an
opportunity to speak.
Carl Childers appeared on behalf of Edsel Young to
present this request for a zone change from R-1 and
M-1 to C-4 Specific Use on Tract A, Farm Discount
Store Addition and a tract out of Section 9, Block
A. Childers noted that the property is an old
lumberyard on the northern city limits and that Mr.
Young has alloted one-half acre of the property for
landscaping.
No one appeared in opposition. Mayor Langston
closed the public hearing and asked for staff
comment.
October 22, 1992
Page 874
David Jones, Director of Planning, stated that since
a portion of this property is zoned M-1 (light
industrial) and R-1 (single family) and is
non -conforming, the proponent submitted this request
as Specific Use to formalize his proposed use for RV
storage.
Mr. Jones gave the adjacent land use relationships
as follow:
North - vacant, city limit
South - non -conforming trailer park
East - I-27
West - mixed land uses, mostly residential
According to Staff memo, the request for C-4 zoning
is consistent with the Comprehensive Land Use Plan
policy for location of such zoning on a regional or
state/US highway. RV storage is not a listed use in
the zoning code, and since half of the storage
spaces will be open or not within a structure, Staff
recommended the Specific Use Permit. Auto and RV
sales are a permitted use in both the C-4 and IHC
Districts, and the Planning and Zoning Commission
saw little difference in a storage lot and a dealer
lot. The proposed use should have little effect on
traffic on the service road.
The site plan notes a chain link perimeter fence,
and existing and proposed buildings should screen
the open storage proposed on the rear of the lot.
The Planning and Zoning Commission stated in the
motion for approval that the standard 5% landscaping
will be provided.
The proponent is providing a service which this City
will need when the RV ordinance goes into effect
January 1, 1993.
The Planning and Zoning Commission recommended
approval of this request subject to the following
condition:
1. The required 5% landscaping shall be
met on this development.
Staff supported the recommendation of the Planning
and Zoning Commission and recommended approval with
the landscaping condition.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Trejo to pass on first reading
Ordinance #9560 with the five percent landscaping
condition recommended by PR and Staff. Motion
carried: 7 Yeas; 0 Nays.
October 22, 1992
Page 875
92-51B-875-609
(26.)
26, Block E-2.
ORDINANCE #9561
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2402-D; A ZONING CHANGE FROM C-2 AND GO TO R-1, GO TO C-2, AND C-2 TO
C-3 ZONING ON TRACTS OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Councilmember Neugebauer recused and excused himself
from discussion and voting on this item because of
ownership in Lubbock Land Company, noting that the
disclosure statement had been filed with the City
Secretary.
Mayor Langston opened the public hearing, offering
those in favor of the proposal and those opposed an
opportunity to speak.
David Goyette appeared on behalf of Lubbock Land
Company to present this request for a zone change.
He stated that the case was a "clean-up" case
resulting from the development of the Preston Hills
Addition.
No one appeared in opposition. Mayor Langston
closed the public hearing and asked for staff
comment.
David Jones, Director of Planning, stated the
proponent's request that approximately 60% of the
current C-2 tract on the southeast corner of 82nd
and Frankford be rezoned for residential use; that a
portion of the remaining C-2 on the corner be
rezoned C-3; and a small area of GO (Garden Office)
be rezoned C-2 to extend the C-2 to Elkhart. He
noted that overall these changes would decrease the
amount of commercial zoning on the southeast corner
of 82nd Street and Frankford, and that the amount of
commercial remaining was far less than the ten acres
allowed by the Comprehensive Land Use Plan.
Mr. Jones gave the adjacent land use relationships
as follow:
North - vacant C-2 and developed R-1
South - single family
East - single family and garden office
West - C-3 vacant
October 22, 1992
Page 876
According to Staff memo, the revision of commercial
to single family zoning is not consistent with the
standard 660' x 660' commercial policy corner, but
the commercial tracts at this location are either
oblong (east/west) or significantly smaller (as on
the northeast corner) than the Plan guideline.
Staff has less concern for a down zone to R-1 when
the commercial across the street (west) is in place.
Other than the request for a standard site plan
review prior to construction permits on the C-2 and
C-3 portions, there are no significant zoning policy
issues. The resulting commercial development will
be a strip center.
The proposal should actually diminish the effect on
traffic in the vicinity. Staff suggested that the
Planning and Zoning Commission visit with the
proponent during the platting process on the
commercial to seek a mutual agreement on a limit for
curb cuts on 82nd Street. The increased number of
individual lots on 82nd Street increases the
potential number of curb cuts allowed within Code
guidelines versus the number that would be developed
on a single large lot shopping center, thus
increasing the probability of frequent stops and
decelerations in the curb lane.
The Planning and Zoning Commission recommended
approval of this request subject to the following
condition:
1. That a site plan, including building
elevations showing materials, color,
and texture, be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a building permit on the property.
Staff supported the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9561 with the site plan condition
recommended by PR and City Staff.
Mayor Langston asked Mr. Jones if any special
consideration had been shown to this case by staff
and/or the Planning and Zoning Commission. Mr.
Jones replied that there had not been, and that
every aspect of the case is consistent with the
Comprehensive Land Use Plan.
Motion carried: 6 Yeas; 0 Nays--Councilmember
Neugebauer recused.
October 22, 1992
Page 877
92-51B-877-610
(27.) ORDINANCE #9562--Zone Case #2321-D (West of Richmond
ORDINANCE #9562
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2321-D; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR
TOWNHOUSE/GARDEN HOMES ON LOTS 3-A AND 3-B-1 THROUGH 6-A-1, RICHMOND
PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing, offering
those in favor of the proposal and those opposed an
opportunity to speak.
David Goyette appeared on behalf of Kim Criag to
present this request for zone change. He stated
that Mr. Craig was asking for a reinstatement of the
R-1 Specific Use Permit that had expired on this
property several years ago in order to respond to
market demands. A market exists for 1600 to 1800
square foot units with low -maintenance yards for
retired persons and "empty -nesters." He noted that
the property is currently platted for this use.
Because much of Mr. Craig's property is in a
drainage easement and therefore undevelopable, the
density would be about two units per acre as opposed
to an average 3.5 to 4.5 units per acre.
Councilmember Ince asked Mr. Goyette if houses could
be built on Lot 7, and Mr. Goyette replied that
since Lot 7 is dedicated as a drainage impoundment
easement it cannot be developed.
Coucilmember Cooke asked how many structures could
be built with R-1 Specific Use versus R-1 zoning.
Mr. Goyette replied that the difference would
probably be three.
Mr. Goyette noted neighborhood opposition to
two-story houses at the Planning and Zoning
Commission hearing, but stated that the owner did
not want to be limited to anything less than what is
allowed in R-1 zoning.
Councilmember Cooke stated that the single-family
homes allowed by R-1 zoning could be larger than the
garden homes being proposed, so that the net square
footage difference would be negligible.
Mayor Langston asked Mr. Goyette about the potential
for these lots to flood. Mr. Goyette made the point
that the high water calculations used for the cut
and fill plan and to set the minimum floor
elevations were calculated as if the entire
watershed were fully developed. Mayor Langston
asked if any disclosure to buyers would be required,
and Mr. Goyette replied that any structures built
would have the minimum floor elevation set according
to City of Lubbock and FEMA regulations.
October 22, 1992
Page 878
Lee Stephens appeared in opposition to the zone
case. He presented a petition opposing development
of this property from 46 people in the surrounding
neighborhood, and passed out several sketches and
maps. He stated that he was concerned that
development of the property would worsen the
flooding problems in this neighborhood, citing
several examples of traffic problems relating to
water in the streets. He said that he did not want
the property to be developed as two-story townhouses
because they would become rental apartments. He
asked the city to buy Mr. Craig's property and make
it part of the park.
Mayor Langston asked Mr. Stephens if he was opposed
to construction of townhouses only, or to any
buildings. Mr. Stephens replied that he did not
want to see any constructions, but felt townhouses
were just apartments.
Councilmember Patterson asked why Mr. Stephens
thought Mr. Craig's property was park property. Mr.
Stephens replied that his neighbors told him that
when he bought his house.
Councilmember Neugebauer told Mr. Stephens that the
issues that he had raised were part of the platting
process, and that the zone case being considered
today was a density issue. Mr. Stephens disagreed.
Mayor Pro Tem Trejo asked Mr. Stephens if he owned
his home at the time the previous zone case was
approved. He answered affirmatively, asserting that
no one in the neighborhood was aware that the
previous zone case had been approved.
Councilmember Patterson asked Mr. Stephens if it
were true that he wouldn't want this development
even if there was not a flooding problem. Mr.
Stephens replied that "nice homes" would be alright,
but not townhouses.
Lee Denny appeared in opposition to the zone case.
He stated that he represented his mother, who lives
near this property. He expressed his fear that her
house may flood and that Mr. Craig should
voluntarily develop the land as a park and donate it
to the City.
George Talbot appeared in opposition to the zone
case. He asked where the dumpsters would be placed
on the property.
John and Addie Darr appeared in opposition to the
zone case. They showed pictures of water
surrounding their house after the last flood. They
stated that they were under the impression that the
parcel was park land and their opinion that the
construction of townhouses on the property would
lower their property value.
Mayor Langston closed the public hearing and asked
for staff comment.
October 22, 1992
Page 879
ql�
David Jones, Director of Planning, stated that
several concerns were presented at the P&Z hearing
by persons residing in this area and this caused
denial by the Commission on a split vote.
In 1983, the land area was zoned R-1 Specific Use
for zero lot line development (Garden Homes).
Specific Use Permits are valid for 30 months and
this permit expired in February, 1986.
The proponent was simply requesting P&Z renew a past
zone case; however, residents voiced three major
concerns:
1. Flooding. The Dupre Park is a playa
with approximately 800 acres in
watershed and has approximately 32.5
acres of area covered with water at
overflow elevation. The park and
adjacent private Lot 7, Richmond
Place (which is covered by a storm
water drainage and impoundment
easement) contain approximately 35
acres.
One major element of misinformation
in the neighborhood is that Lots 7
and 1-A thru 6-A-1 of Richmond are
part of Dupre Park. The
Southwestern Bell Telephone book map
even illustrates these private lots
as being part of the Park. The
property is not part of the
dedicated park and has always been
private property zoned for
residential development. The
neighbors' response during the
meeting was that the City needs to
buy the property and incorporate it
into the park for flood control
purposes.
In 1980, a cut and fill plan was
certified by a local firm that
brought Lots 1-A thru 6-A-1 to the
estimated high water mark of Playa
Lake #27, making them eligible for a
building permit. A central issue in
this request is whether or not the
proponent will construct nine garden
or town homes (the tract is
currently platted into 9 lots)
versus approximately five or six
freestanding homes under the
existing R-1 zoning (a replat would
be required).
Staff indicated during the hearing
that the additional impact of three
or four roof tops and the resulting
increase of storm run off to the
lake would be negligible. The
neighbors disagreed based on their
observation of the playa and street
flooding on Richmond during the last
major rains. The property may have
even been under water, since the
final building pads have not been
built.
October 22, 1992
Page 880
2. Dupre Park. As noted above, the
same neighbors have been led to
believe that Lots 1-A thru Lot 7 of
Richmond Place Addition are public
property. Despite their beliefs and
the current appearance of the
property, the property is private.
Lots 1-A thru 6-A-1 are filled to
high water and eligible for a
construction permit. Lot 7 is
private property but covered with a
storm water impoundment easement.
As all property adjacent to playa
lakes, the final slab elevation is
subject to being a verified height
above the FEMA or local high water
estimate, whichever is higher.
Also, contrary to the understanding
of neighbors, the lots would be
eligible for a letter of exemption
from flood insurance if the
standards set by FEMA are met. Such
letters are submitted to FEMA by
either the original developer or
individual home owners. The City
does not originate these requests.
3. Style of housing. The proponent did
not completely describe the proposed
style, size or number of floors at
the meeting. Mr. Goyette suggested
the homes would be primarily one
story and 1600-2000 square feet.
Staff will request the proponent to
discuss these items at the appeal
hearing. The neighbors had learned
elsewhere of the proposed 1200-1500
sq.ft. home size and that they would
be two-story. They strongly
objected to town or garden homes as
"rent property" and "creating a
400'-long billboard along Richmond"
which would detract from their view
of the park. In -fill projects
adjacent to existing open space or
park areas catch these comments
quite often.
Mr. Jones gave the adjacent land use relationships
as follow:
North - city property, open space
South - private property, impoundment easement
East - single family
West - private property, impoundment easement
According to Staff memo, the request is consistent
with zoning, the Comprehensive Land Use Plan policy,
and the subdivision regulations. The addition of
nine residential units should not have significant
effect on traffic generation. The neighbors also
expressed concern at having to weave through the
neighborhood to get back to 58th to access Quaker at
a traffic signal.
October 22, 1992
Page 881
The Planning and Zoning Commission denied approval
of this request by a vote of 3-4; however, Staff
supported the request based on the history of the
property and current operating policies/ordinances.
Because of the recommendation for denial by P&Z, it
will take six votes of Council to override the P&Z
recommendation.
Mayor Langston asked Mr. Jones why the Planning and
Zoning Commission denied the case, and Mr. Jones
replied that it was because of the amount of
neighborhood opposition.
Councilmember Patterson asked Mr. Jones about Mr.
Stephens' assertion that residents were not aware of
the previous zone change. Mr. Jones replied that
the same notification procedures were used in 1983
as were used for this case.
Councilmember Cooke noted that he owns some
townhouses on the north side of the lake, and can
sympathize with the owners' concerns, but that he
doesn't feel that this development would impact the
flooding.
Mayor Langston asked about the flooding issue, and
Mr. Jones deferred to City Engineer Larry Hertel.
Mr. Hertel stated that the cut and fill for this
development is complete, and that the property may
flood but the required minimum floor elevations will
keep water out of the buildings. Mayor Langston
asked Mr. Hertel if development of these lots would
increase flooding. Mr. Hertel replied that the
difference in water elevation would be
insignificant; that overflow might occur a few
Lseconds faster, but at the same height.
Councilmember Ince asked if the property owner could
legally bring in additional dirt. Mr. Hertel
replied yes, as long as it is after the original cut
and fill and as long as no dirt is placed on Lot 7,-
the drainage easement.
Councilmember Aderton stated that the water would
back up somewhere else. Mr. Hertel repled that
water backs up anyway when the lake is in overflow,
but that additional development would have a
negligible effect.
Mayor Langston asked if the Council could prevent
Mr. Craig from legally building five single family
units on this property now. Mr. Jones replied that
they could not, that he could get a permit for those
five units today.
Councilmember Neugebauer pointed out that townhouses
and garden homes are considered single famly homes
under the zoning ordinance.
Motion was made by Councilmember Aderton to uphold
the recommendation of the Planning and Zoning
Commission and deny this case. Motion died for lack
of a second.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to pass on first
reading Ordinance #9562. Motion carried: 6 Yeas; 1
Nay--Councilmember Aderton.
October 22, 1992
Page 882
92-51B-882-611
(28.)
92-51B-882-612
(29.)
Hold a Public Hearing to consider the request of
Section 3. The well site for Teal-Crosnoe #1 is
north of Loop 289 and east of North Guava.
Consider approval for an Oil and Gas Drilling Permit
for Teal-Crosnoe #1.
Mark Blankenship appeared on behalf of Texland
Petroleum to present this request for an Oil and Gas
Drilling Permit for Teal-Crosnoe #1. He told the
Council that Texland is the mineral lease owner and
Shirley Teal and Mildred Crosnoe are the surface and
mineral owners.
No one appeared in opposition.
Randy Henson, Senior Planner, stated that Staff had
received application for this permit on October 5,
1992. The storage site is proposed at an existing
tank battery and is located north of Loop 289 and
east of North Guava Avenue.
According to Staff memo, the application is
substantially in order. The production unit
contains 40 acres and has a maximum diagonal of less
than 3,000 feet. Texland proposes earth sludge pits
and no landscaping at the well. The blowout
protector has a minimum rating of 3,000 psi.
Disposal of waste materials is proposed at a
Railroad Commission approved landfill in Lubbock
County. Access to the drill site is proposed from
Mulberry on private property.
SHORT TERM IMPACTS: The area adjacent to the well
site is not developed. The nearest residential
structures are approximately 200 feet (a single
farmstead) and approximately 950 feet in an
established subdivision.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this lease is designated
residential on the Comprehensive Land Use Plan.
Little additional development is projected in the
immediate area; long term negative impacts should be
minimal. There are a number of existing wells in
the area that are part of a well established
secondary recovery injection unit.
October 22, 1992
Page 883
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil)
will be used to free -up the hole
during drilling until after the
first series of surface casing has
been set which will protect the
water aquifer. The first series of
casing depth will be in compliance
with the Texas Water Commission and
Texas Railroad Commission
requirements.
2. The permittee will notify the
Lubbock office on the Texas Railroad
Commission for the intended dates
for casing the well.
3. Casing of the well will be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee will meet all other
conditions of Section 14, Article VI
of the Lubbock Code and those
specifications indicated within the
application of Texas for
Teal-Crosnoe #1.
Staff recommended approval of this permit.
Mr. Henson noted that this was a routine request and
that Texland currently operated 79 wells within the
' city limits. Councilmember Neugebauer asked how
L close the well was to any residences. Mr. Henson
replied that it was 950 feet to the nearest
subdivision and 200 feet to the residence on the
operating unit, which has given permission for
drilling. He noted that the well field will
probably cease producing before development
pressures become an issue.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to approve request of
Texland Petroleum for an Oil and Gas Drilling Permit
for Teal-Crosnoe #1 with permit conditions
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
0y,&I :ff-Z*KItc?
(30.) Hold a Public Hearing with regard to establishment
of a Reinvestment Zone within and upon all of Tract
6, Planters Industrial Park Addition to the City of
Lubbock, Texas; adopt findings with regard to
establishment of said Reinvestment Zone; and take
appropriate action.
Mayor Langston opened the public hearing at 12:15
p.m.
October 22, 1992
Page 884
Those appearing in favor of this request were:
Mike Burns, President, McLane Food Service,
Lubbock
Kevin Cook, Director of Corporate Tax, McLane
Food Service, Temple
Russell Autry, President, Lubbock Chamber of
Commerce
Oscar Alvarado, Chairman of the Board, COMA
Lee Lewis, President, Lee Lewis Construction,
Inc.
Mike Burns, President of McLane Food Service,
Lubbock, spoke first. He asked the Council to grant
10-year ad valorem tax abatement on the expansion of
McLane Food's distribution facility in Lubbock. He
told the Council that McLane, a wholly owned
subsidiary of Wal-Mart, planned to expand its
operation to take over distribution to Seven -Eleven
stores in West Texas and Eastern New Mexico. Mr.
Burns stated that the company's facility in Lubbock
has been successful and profitable. The company
plans a 90,000 square foot expansion and the
addition of 150 new employees. He stated that this
expansion will be necessary to service accounts that
are currently handled from other locations.
Kevin Cook, Director of Corporate Tax for McLane
Food Service, Temple, asked the Council to abate an
estimated $65,000 to $66,000 annually for 10 years
in ad valorem taxes on the expansion of McLane's
warehouse and distribution facilities. He stated
that the company expects the sales tax revenue to
increase $6,000 from the cost of construction alone
and projects $130,000 to $135,000 in increased sales
tax and inventory tax from the expansion.
Councilmember Neugebauer asked if the projected 150
new employees would live in Lubbock. Mr. Burns
replied that approximately ninety percent would live
in Lubbock County, with an additional ten percent
living in other areas. He stated that the company
currently employes 155 people in Lubbock, and that
122 of those live in Lubbock County.
Mayor Langston asked Mr. Burns and Mr. Cook if they
had worked with the Economic Liaison office to be
sure that all criteria for the abatement had been
met. They answered that they had.
Councilmember Neugebauer then inquired if McLane
owned its rolling stock, and if those vehicles were
registered in Lubbock County. Burns and Cook
replied that McLane did own its own vehicles, and
that some had apportioned registrations and some
were registered in Lubbock County. Cook noted that
they were not asking for abatement on rolling stock.
Councilmember Ince asked if Mr. Burns and Mr. Cook
expected 90 percent of the new payroll to live in
Lubbock County, and they replied affirmatively.
Councilmember Ince noted that although the company
was not doubling warehouse space, they were
projecting doubling their payroll from that
expansion.
October 22, 1992
Page 885
Councilmember Neugebauer asked what the average wage
was for McLane employees. Mr. Burns replied that
the average was about $7.50 per hour, with a few
exceptions for managerial positions. Councilmember
Neugebauer then asked what type of storage McLane
has in their facility. Mr. Burns stated that the
facility includes some freezer space, some cool
storage, and some dry storage.
Mayor Langston asked if this proposed expansion is
an expansion of McLane's business, or moving
existing business from other locations. Mr. Burns
cited the problem of servicing current accounts in
this area from existing facilities, and told the
Council that they were in the process of acquiring
Seven -Eleven accounts from Southland Corporation
that had previously been serviced from other areas.
Mr. Cook stated that the Southland acquisition is
new business for McLane.
Mayor Langston asked if McLane plans to go ahead
with the proposed expansion if the Southland
acquisition does not occur. Mr. Cook replied that
they may not do as large an expansion.
Councilmember Patterson stated that the history of
McLane Food Service in Lubbock has been very
positive, and that he appreciates McLane's
cooperation with the community.
Russell Autry, President, Lubbock Chamber of
Commerce, also appeared in favor of the proposal.
He stated that McLane is a model of what tax
abatement is about. He told the Council that the
Lubbock abatement policy is competitive, yet
conservative.
Mayor Langston asked Mr. Autry if the Lubbock tax
abatement policy is consistent with other cities.
Mr. Autry replied that it is consistent with other
cities in Texas. He also noted that it provides
equal access for expansion projects so that
existing, local businesses can participate too.
Mayor Langston asked if the existing policy leaves
the playing field level. Mr. Autry replied that in
his opinion it does, and pointed out the highly
competitive nature of economic development.
Oscar Alvarado, Chairman of the Board, COMA,
appeared in favor of the proposal. He pointed out
the human aspect of McLane's proposed expansion,
citing as an example McLane's compassionate
treatment of the family of a deceased employee.
Lee Lewis, President, Lee Lewis Construction, Inc.,
also spoke in favor of the proposal. He related
some of his experience in working with McLane, and
told the Council that he felt that the abatement
would be beneficial to the community.
October 22, 1992
Page 886
Mayor Langston then announced completion of
testimony of those favoring the ordinance, stating
that testimony in opposition to the ordinance would
be heard next. Those appearing in opposition to
this request were:
Cecil Puryear
Victor Cargile
Mike Davis, President, Watson Foods
Waylon Newman, Manager, Ben E. Keith -
Robert Taylor, Administrative Manager, White
Swan
Cecil Puryear stated his opinion that the proposal
was unfair to Watson, White Swan, Fleming and other
existing food distribution businesses. He charged
that this proposal abates taxes on big business and
puts the burden on the common citizen.
Mayor Langston pointed out that the tax abatement
policy makes the same advantages available to local
companies.
Victor Cargile stated his opposition to the
proposal, and asked the Council to postpone a
decision until the next meeting.
Mike Davis, President, Watson Foods spoke in
opposition to the proposal. He stated that he was
not objecting to the growth of McLane, but to the
Council granting a second tax abatement. He stated
that McLane had unsuccessfully tried to buy Watson
Foods in 1985. He noted that the two companies do
compete for business. He stated his opinion that
McLane will not leave a $12 million dollar
state-of-the-art plant if the requested abatement
is not granted. He also expressed his concern that,
the proposed expansion will not create 150 new
jobs. He asked the Council not to grant the
abatement, stating that Wal-Mart can afford to pay
its taxes.
Councilmember Patterson asked Mr. Davis why Watson
Foods did not object to the previous abatement.
Mr. Davis responded that they understood that the
previous abatement was necessary to bring McLane to
Lubbock, but that they are objecting to granting
another abatement.
Mayor Langston asked Mr. Davis what he thought the
tax abatement policy should be. Mr. Davis answered
that tax abatement should be a last priority, and
that abatement gives financial giants an unfair
advantage.
Mayor Langston asked Mr. Davis how he thought the
proposed expansion would affect his business. Mr.
Davis explained that McLane had approached several
of his drivers and office people to work for them
for higher wages than Watson pays. If Watson's
trained people go to work for McLane, that will put
Watson Foods in the position of providing new jobs
with no tax advantage.
October 22, 1992
Page 887
Waylon Newman, Manager of Ben E. Keith, spoke in
opposition to the proposal. He questioned the
number of employees that McLane's expansion would
employ and where those employees would live.
Robert Taylor, Administrative Manager of White
Swan, appeared in opposition to the proposal. He
commented on Mr. Burn's previous statement, noting
it appeared that McLane would realize enough
savings by this expansion to justify the expense
without additional tax advantages, and that McLane
could not have increased its business twenty
percent per year without going after new business.
He then asked how many other cities were giving
McLane tax abatement. He read a statement of his
concerns about the proposal, including questioning
where additional revenues would be found to make up
for the loss from the abatement and noting that
creation of new jobs requires new community
services that have to be funded. He stated his
opinion that tax abatement sets a dangerous
precedent that would make it difficult to deny
future requests for abatement. He stated that only
two tax abatements have been granted by the City of
Dallas and only six in Dallas County.
Councilmember Patterson again expressed concern
that none of the other food distribution companies
had expressed concern at the time the previous tax
abatement was granted. Mr. Taylor and Mr. Davis
noted that their opposition was not to the original
decision, but to an additional tax abatement for
McLane.
f Mayor Langston asked if there would be a net gain
from McLane's expansion, or would the expansion
result in business moving around. Mr. Davis
replied that he did not know.
Councilmember Ince asked Mr. Burns if McLane would
expand if the abatement were not granted. Mr.
Burns replied that the company was looking at other
cities, and that only the McLane Executive
Committee could answer the question.
Mayor Pro Tem Trejo asked what taxes will be paid
after the current abatement ends. Mr. Cook
answered that those would be approximately $150,000
annually. He also noted that McLane has gotten
abatements from every city that they work with and
that the company's expansion plans could be
changed. He reviewed the figures for the abatement
and asserted that the outcome would be a net
positive cash flow for the city.
Mayor Langston asked Mr. Cook if McLane's expansion
would provide a net gain in business in the city.
Mr. Cook answered that McLane feels there will be
net increases in inventory, and noted that the
expansion will be based on convenience store sales,
not on food service.
Councilmember Cooke noted that since part of this
expansion involves moving existing McLane business
from Temple and Tyler, the result will be new
business for Lubbock.
After further discussion and disagreement between
opponents and proponents of the proposal, Mayor
Langston closed the hearing at 1:30 p.m.
October 22, 1992
Page 888
92-51B-888-614
(31.)
ORDINANCE #9563
AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF
LUBBOCK AS AUTHORIZED BY V.T.C.A., TAX CODE, SECTION 312.201; DESCRIBING
THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR
COMMERCIAL -INDUSTRIAL TAX ABATEMENT; ACKNOWLEDGING THAT A PUBLIC HEARING
WAS HELD PRIOR TO ADOPTION OF THIS ORDINANCE; MAKING FINDINGS AS
REQUIRED BY SECTION V OF THE GUIDELINES AND CRITERIA GOVERNING TAX
ABATEMENT FOR ALL TAXING UNITS CONTAINED IN LUBBOCK COUNTY AND PROVIDING
A SAVINGS CLAUSE.
Councilmember Ince asked Rod Ellis to review the
procedure for establishing a reinvestment zone. Mr.
Ellis told the Council that McLane Company has
requested a ten-year tax abatement from all tax
jurisdictions for an estimated $4.5 million building
and improvements expansion. At the current City tax
rate of $.64 per $100 valuation, this abatement
would reduce McLane's City ad valorem taxes by
$28,800 per year for ten years. McLane will also
increase its taxable personal property (inventory)
by at least $5 million, which will more than offset
the abatement on $4.5 million in building
improvements.
Mayor Pro Tem Trejo asked if the current
Reinvestment Zone expired in five years. Mr. Ellis
replied that it does, so the Council would have to
create a new zone for the new abatement request.
Mayor Langston asked Mr. Ellis to explain the
criteria for tax abatement. Mr. Ellis replied that
any taxing entity must have criteria for abatement
in place in order to grant a tax abatement, but that
the previous Council wanted the guidelines to be
written so that each request would be reviewed on a
case by case basis.
Mayor Langston asked Mr. Ellis what the reaction to
this proposal has been from the County and School
District. Mr. Ellis responded that they were
waiting for Council action, but had given generally
favorable responses.
Mayor Pro Tem Trejo noted that this proposal was
being evaluated under criteria previously approved
by the Council. Mr. Ellis noted that those criteria
would be reviewed by Council in January.
Mr. Patterson stated that representatives from the
Idalou City Council had stated their support of the
proposal to him.
October 22, 1992
Page 889
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on first reading
Ordinance #9563, and that the City Council of the
City of Lubbock make and adopt the following
findings in accordance with the Guidelines for Tax
Abatement adopted by Resolution No. 3518:
(a) That the designation of Tract 6,
Planters Industrial Park Addition to
the City of Lubbock as a
reinvestment zone will be reasonably
likely to contribute to the
retention and expansion of primary
employment, would be a benefit to
the property within the zone and
directly contribute to the economic
development within the City of
Lubbock; and
(b) That the improvements proposed to be
added to the real property within
the reinvestment zone are feasible
and practical; and
(c) That the improvements proposed to be
added to the real property within
the zone will be a benefit to the
land to be included within the zone
and will be of benefit to the City
of Lubbock after the expiration of
any agreement to abate taxes on said
improvements; and
f (d) That the applicant for tax abatement
has met the burden in providing
testimony and evidence before the
City Council on all of the findings
set forth in subparagraphs (a), (b)
and (c).
Councilmember Neugebauer stated that although the
Council may want to examine the criteria for tax
abatement and other economic development policies,
it is important that those policies be consistent.
He noted that McLane's request is consistent with
the current policy. Mayor Langston expressed his
concerns with the policy, but noted the need for
consistency.
After some discussion, the motion carried: 6 Yeas;
1 Nay--Councilmember Ince.
October 22, 1992
Page 890
92-51B-890-615
(32.)
of all taxing units assessing taxes on property
located in Tract 6, Planters Industrial Park
Addition to the City of Lubbock, Texas.
RESOLUTION #4004
WHEREAS, the City Council has determined to give notice of its
intent to enter into a Tax Abatement Agreement with McLane Company, Inc.
and subsidiaries McLane Foodservice-Lubbock, Inc.; and
WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of
the intent of City Council to be given to the presiding officer of the
governing body of each taxing unit in which the property to be subject
to the Tax Abatement Agreement is located; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of
the intention of City Council to enter into a Tax Abatement Agreement
with McLane Company, Inc. and subsidiaries McLane Foodservice-Lubbock,
Inc., said notice to be given to the presiding officers of each
governing body of each taxing unit having jurisdiction in assessing
taxes on property located in Tract 6, Industrial Park Addition to the
City of Lubbock, Texas.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting 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
NOTICE OF INTENT OF THE CITY COUNCIL
OF THE CITY OF LUBBOCK TO ENTER INTO
AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY
IMPROVEMENT AND TANGIBLE PERSONAL PROPERTY LOCATED IN
TRACT 6, PLANTERS INDUSTRIAL PARK ADDITION
TO THE CITY OF LUBBOCK, TEXAS
Notice is hereby given that the City Council of the City of
Lubbock intends to enter into an agreement with McLane Company, Inc. and
subsidiaries McLane Foodservice-Lubbock, Inc. to abate taxes on
improvements to property and tangible property located within a
reinvestment zone created by Ordinance No. 9563 and covering all of
Tract 6, Planters Industrial Park Addition to the City of Lubbock.
October 22, 1992
Page 891
Notice is further given that the City Council of the City of
Lubbock will consider authorizing the Mayor of the City to execute a
contract between the City and McLane Company, Inc. and subsidiaries
McLane Foodservice-Lubbock, Inc. for tax abatement, a copy of said
Agreement is attached to this Notice as Exhibit "A" and made a part
hereof for all purposes.
Notice is further given that the City Council will consider this
matter at its meeting held in the City Council Chambers, City Hall, 1625
13th Street, City of Lubbock, on the 22nd day of October, 1992, at 11:30
o'clock a.m.
Exhibit "A" is filed with Resolution No. 4004.
According to staff memo, McLane Company has
requested ten-year tax abatement from all tax
jurisdictions for an estimated $4.5 million
expansion in building related structural
improvements. At the current City tax rate of $.64
per $100 valuation, this abatement would reduce
McLane's City ad valorem taxes by $28,800 per year
for ten years. Based on estimates by McLane's
management, approximately 150 new jobs will be added
which represents an increase of 97%. McLane will
also increase its taxable personal property by at
least $5 million which will offset the abatement on
$4.5 million building improvements. In summary,
McLane proposes to double the size of its local
operations.
In 1986 when McLane located in Lubbock, the City of
Lubbock and all other taxing jurisdictions provided
abatement to McLane on building improvements only in
the amount of $770,000, over a period not to exceed
ten years. Under the 1986 agreement, Lubbock taxing
entities have abated $417,309 in taxes and McLane
has paid $466,612 in taxes. Under the original
agreement, McLane was to use its best efforts to
maintain a minimum of 100 employees. According to
testimony provided previously by Mr. Burns, McLane
Foods has 155 employees in Lubbock at the present
time.
The new agreement will be forwarded to all taxing
units assessing taxes on property located in the
reinvestment zone (Tract 6, Planters Industrial Park
Addition to the City of Lubbock, Texas).
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4004
as recommended by Staff. Motion carried: 6 Yeas; 1
Nay--Councilmember Ince.
October 22, 1992
Page 892
92-51B-892-616
(33.)
executed May 30, 1986.
RESOLUTION #4005
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, Texas, BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock, Texas, an Amendment to Tax Abatement Agreement by and between
McLane/Foodservice Lubbock, Inc. and the City of Lubbock, Texas, for the
use of certain property to be used as a reinvestment zone for
commercial -industrial tax abatement, attached herewith.
Passed by the City Council of the City of Lubbock this 22nd day of
October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting 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
AMENDMENT TO TAX ABATEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement made this the 22nd day of October, 1992, by and
between the City of Lubbock, Texas, a municipal corporation, acting by
and through its Mayor, David R. Langston, hereunto duly authorized
(hereinafter called "City") and McLane/Foodservice Lubbock, Inc., a
Texas Corporation (hereinafter called "Company");
WITNESSETH
WHEREAS, the City and Company did enter into an agreement to abate
taxes on improvements to real property owned by Company and more fully
described in Exhibit "A" attached to the original agreement between the
parties hereto; and
WHEREAS, said original agreement between the City and Company was
executed on the 30th day of May, 1986; and
WHEREAS, a copy of the original agreement executed by the City and
Company is attached to this amendment as Exhibit "A" and made a part
hereof for all purposes; and
October 22, 1992
Page 893
WHEREAS, there is a need to modify said original agreement between
the parties hereto by deleting from said agreement certain unimproved
land; and
WHEREAS, V.T.C.A., Tax Code, Section 312.208, grants specific
authority to the parties hereto to modify said original contract by
deleting therefrom certain unimproved real property; NOW THEREFORE:
For and consideration of the mutual covenants and agreements
herein contained, the City and Company do hereby agree that the original
contract, attached hereto as Exhibit "A", shall be and is hereby
modified to include only the improvements together with the underlying
real property set forth in Exhibit "B", which exhibit is attached hereto
and made a part hereof, and which said improvements are cross marked and
identified on Exhibit "B" thereby.
Save and except as above modified the original agreement executed
between the parties shall remain in full force and effect.
EXECUTED this 22nd day of October, 1992.
MCLANE/FOODSERVICE LUBBOCK, INC.
A Texas Corporation
President
ATTEST:
ecretary
CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting 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
According to staff memo, this resolution amends the
May 30, 1986 tax abatement agreement between McLane
Food Service and the City of Lubbock. The amendment
is necessary to delete the unimproved real estate
from the original so that it can become part of a
new agreement between the two parties.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilmember Aderton to authorize Resolution #4005
as recommended by Staff. Motion carried: 6 Yeas; 1
Nay--Councilmember Ince.
October 22, 1992
Page 894
92-51B-894-617
(34.) Consider Resolution #4006 authorizing the Mayor to
execute an "Amendments to Street -Use License" with
Methodist Hospital (3600 19th Street).
RESOLUTION #4006
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
"Amendments to Street Use License" Agreement to be entered into by and
between the City of Lubbock and Methodist Hospital of Lubbock, Texas,
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 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
AMENDMENTS TO STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the CITY OF LUBBOCK, a Home Rule Municipal Corporation,
and METHODIST HOSPITAL, Lubbock County, Texas, as Licensee, entered into
a "Street Use License" Agreement dated May 24, 1990, covering three (3)
portions of dedicated streets and designated as described in said
Agreement as "Tract 1," "Tract 2," and "Tract 3," reference to which
Agreement is made for all pertinent purposes; and
WHEREAS, the Health Department of the State of Texas has requested
that Methodist Hospital obtain a longer period of notice of cancellation
by the City of Lubbock to Methodist Hospital in case said City desires
to cancel said Street Use License, and said Health Department of the
State of Texas also desires that the City of Lubbock should more
particularize the access rights in said streets so Methodist Hospital is
granted immediate access to said street areas hereinabove referred to
for repair and maintenance of their facilities; and
WHEREAS, the City Council of the City of Lubbock hereby determines
that it would be to the interest of the public health of the citizens of
the City of Lubbock to grant said requests by amendments to said Street
Use License as hereinafter set forth; NOW THEREFORE:
October 22, 1992
Page 895
In consideration of the premises and for the good of the public
health of the citizens of the City of Lubbock, the City of Lubbock and
Methodist Hospital do hereby amend said Street Use License as follows:
(1) The last paragraph on page 2 of said Street Use
License which reads as follows:
"The term of this grant shall for five (5) years
from date hereof, and shall be automatically extended
for successive five (5) year terms not to exceed
twenty (20) years in any event unless either part
shall give written notice of termination to the other
party before the expiration of the first, second, or
third five (5) year term, as the case may be, and the
City of Lubbock retains the right at its election to
cancel and revoke this license with or without cause
upon notice to Licensee. Said notice shall be deemed
properly served if deposited in the post office,
postage paid, addressed to Licensee at Methodist
Hospital, 3615 19th Street, Lubbock, Texas 79410, or
the last known address of Licensee."
BE and the same is hereby amended to read hereafter as follows:
"The term of this grant shall be for five (5)
years from date hereof, and shall be automatically
extended for successive five (5) year terms not to
exceed twenty (20) years in any event unless either
party shall give written notice of termination to the
other party before the expiration of the first, second
or third five (5) year term, as the case may be, and
the City of Lubbock retains the right at its election
to cancel and revoke this license with or without
cause upon one (1) year's notice to Licensee. Said
notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to Licensee
at Methodist Hospital, 3615 19th Street, Lubbock,
Texas, 79410, or the last known address of Licensee."
(2) Numbered paragraph 2 on page 3 of said Street Use
License which reads as follows:
"2. The Licensee agrees to pay all costs arising out
of the exercise of this license herein granted,
including but not limited to the replacement and
repairing of paving, sidewalks and utilities of
any nature occa-sioned by the construction as
authorized by this license."
October 22, 1992
Page 896
BE and the same is hereby amended to read hereafter as follows:
"2. The Licensee agrees to pay all costs arising out
of the exercise of this license herein granted,
including but not limited to the replacement and
repairing of paving, sidewalks and utilities of
any nature occasioned by the construction as
authorized by this license. Licensee is granted
the right of immediate access to the street
areas herein described for repair and
maintenance to their facilities located in said
street areas to the end that Methodist Hospital
can carry out their health care giving
activities for the betterment of the public
health of the citizens of the City of Lubbock."
Except as hereinabove amended, said Street Use License Agreement
shall remain in all other respects the same.
EXECUTED this 22nd day of October, 1992.
CITY OF LUBBOCK LICENSEE: METHODIST HOSPITAL
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BY:/s/ William D. Poteet, III
ITS: President
(Title or Position)
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DAVID R. LANGSTON,
MAYOR, 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 MAYOR, for the purposes
and consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of October,
1992.
/s/ Olivia R. Solis
Notary Public in and for
the State of Texas
October 22, 1992
Page 897
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 William D. Poteet,
III known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity
herein stated as the act and deed of said METHODIST HOSPITAL.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6th day of November,
1992.
/s/ Kay Niemeyer
Notary Public in and for
the State of Texas
Jim Bertram, Assistant City Manager for Development
Services, presented staff recommendation for Council
approval of an amendment to street use license with
Methodist Hospital.
According to staff memo, on May 24, 1990, a
street -use license was issued to Methodist Hospital
for the use of four portions of street right-of-way
for the hospital's expansion. Two of these portions
were for aerial pedestrian walkways across 21st
Street. The other two portions were for utility
tunnels across Louisville Avenue and Joliet Avenue.
Due to Methodist's expansion plan and land design,
they had to locate certain emergency utility power
` plants on land recently purchased across Joliet
Avenue and Louisville Avenue from their main
hospital facility. After these power plants were
constructed, Methodist was informed by the State of
Texas Department of Health that their off premise
power plants were not acceptable. AC Associates,
architects for Methodist Hospital, began working
with the State agency for a solution.
Relocation of these facilities would cost Methodist
over $1 million. After several months of work and
negotiating, the State Health Department agreed to
allow the power plants to remain at their existing
location if more permanent wording could be added to
the street -use license. The State first wanted an
easement across the two avenues, but since Methodist
could not become a franchised utility, a change in
the existing license had to be made.
There are two amendments to the original street -use
license:
The first is that the City give Methodist a one year
cancellation notice. The original license granted
the City the right to give Methodist an immediate
cancellation notice. This change was necessary
because it assures the State that Methodist would
have one year to rebuild on their premises without a
chance of power outage.
The second amendment to the license is that the City
give Methodist immediate access to the street areas
for repair and maintenance to their facilities. The
original license did not address this in detail,
although it is implied. The State felt that in an
emergency situation, Methodist would need to enter
the street area and repair their facilities.
October 22, 1992
Page 898
The Right -Of -Way Department recommended approval of
this resolution and street -use license amendments.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to authorize Resolution
#4006 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51B-898-618
(35.) Consider Resolution #4007 authorizing the Mayor to
execute a Rent Car Concession Agreement with
National Car Rental System, Inc.
RESOLUTION #4007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement with National Car Rental System, Inc., attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Lease Agreement with National Car Rental System, Inc., is
filed with Resolution No. 4007.
Jim Bertram presented staff recommendation for
Council approval of a Rent Car Concession Agreement
with National Car Rental System, Inc.
According to staff memo, this agreement is for three
years and will expire on April 30, 1995. The
concession rate is basically 10% of gross revenue
derived from Airport patrons using their services.
The annual revenue to the Airport from all
on -airport rent car operations is approximately
$475,000.
October 22, 1992
Page 899
There are slight changes in the new agreement over
the previous agreement in the areas of auditing
procedures and record storage requirements. Also,
an additional option of allowing an irrevocable
letter of credit in lieu of a performance bond was
added to the agreements. Agreements for all on -
airport concessionaires are identical in their
provisions. Agreements with the other three rent
car companies have been approved in previous City
Council meetings.
The Airport Board unanimously recommended approval
at their June 17, 1992 meeting. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4007
as recommended by the Airport Board and City Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51B-899-619
(36.) Consider Resolution #4008 authorizing the Mayor to
sign an agreement with the Texas Tech University
Health Sciences Center for Case Management Services
at the Health Department.
RESOLUTION #4008
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 and associated documents by and between the City of Lubbock,
acting by and through the Lubbock City Health Department, and the Texas
Tech University Health Sciences Center, acting by and through Office of
Maternal and Infant Health, 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 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ R. D. Goodman
R. D. Goodman, Public Health
Administrator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
October 22, 1992
Page 900
This is a letter of agreement between the City of Lubbock acting by and
through the Lubbock City Health Department (hereafter referred to as
LCHD) and the Texas Tech University Health Sciences Center, acting by
and through Office of Maternal and Infant Health, Lubbock (hereafter
referred to as OMIH). This agreement will be carried out through the
Texas Department of Health Case Management 1993 grant funding, for the
purpose of providing new maternal and infant support services to
residents living within Lubbock County.
This agreement is based upon the Texas Department of Health Case
Management 1993 grant proposal which describes the plan for delivery of
case management services in Lubbock County, Texas, through a joint
effort between OMIH in Lubbock and LCHD. This agreement is, therefore,
included within the revised TDH Contract, TDH document number C3000462,
effective September 1, 1992, between the Texas Department of Health and
TTUHSC Lubbock.
ARTICLE I
The following is agreed upon by LCHD and OMIH:
OMIH, through TDH funding, will pay for one maternal/infant care case
worker who will be stationed at the LCHD clinic at 1902 Texas Avenue,
Lubbock, Texas, according to the following:
a. 1.0 full-time equivalent position (40 hours per week) at a
salary not to exceed $14,165 per annum.
b. Funding of $5,021 to cover fringe benefits commensurate with
the usual and customary fringe benefits rate at LCHD for
equivalent positions.
C. Funding for this position is contingent upon renewal and
continuance of the TDH M&CH Family Health Services Contract.
This agreement is contingent upon funding being available
for the term of the contract and LCHD will have no right of
action against HSC in the event that HSC is unable to
perform its obligations under this agreement as a result of
suspension, termination, withdrawal, or failure of funding
to HSC from Texas Department of Health.
d. Funding is to be used solely for salary and fringe benefits
of this 1.0 FTE position, and cannot be used to offset other
LCHD expenditures.
ARTICLE II
The scope of work for the employee covered in this agreement will be as
outlined in the attached documents entitled Outreach Worker I Job
Description, and Letter of Cooperation, and will include screening and
enrolling into high risk case management all prenatal women and infants
using LCHD clinics.
ARTICLE III
Payments will be made to the LCHD quarterly from TDH grant funds through
the OMIH according to the following schedule.
September 15: 4796.50
December 15: 4796.50
March 15: 4796.50
June 15: 4796.50
Payments for services must reflect only time periods where the employee
mentioned in this agreement remains on LCHD staff.
October 22, 1992
Page 901
ARTICLE IV
LCHD agrees to: (1) provide office and/or clinic space, clerical
supplies, and telephone access which are necessary to carry out normal
tasks relating to the MIHIA program; (2) be responsible for the hiring
and dismissal of the employee under this agreement.
ARTICLE V
Nothing contained herein shall be construed as creating the relationship
of employer and employee between LCHD and TTUHSC. LCHD shall be deemed
at all times to be an independent contractor. In carrying out the terms
of this Agreement, LCHD shall select its own employees and such
employees shall be and act under the control of the employer.
ARTICLE VI
Regardless of the date of execution hereof, this Agreement shall become
effective September 1, 1992, and continue in full force until August 31,
1993. This Agreement is automatically renewable for a period of one
year.
Either party may terminate this Agreement with or without cause with
thirty (30) days written notice to the other party. Should this
Agreement be terminated within a billing quarter, any unearned portion
of that quarter's payment made by TTUHSC will be refunded on a prorated
monthly basis at the rate of $1,598.83.
ARTICLE IX
The laws of the State of Texas shall govern the validity, performance,
and enforcement of this Agreement and the venue for any legal
proceedings shall be in Lubbock County, Texas.
The undersigned parties bind themselves to the faithful performance to
this Agreement.
CITY OF LUBBOCK
/s/ David R. Langston
David R. Langston October 22, 1992
Mayor
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe October 22, 1992
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ R. D. Goodman
R. D. Goodman, Administrator October 14, 1992
Lubbock City Health Department
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver October 13, 1992
First Assistant City Attorney
October 22, 1992
Page 902
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
OFFICE OF MATERNAL AND INFANT HEALTH
Elmo M. Cavin, VP, Fisal Affairs
Texas Tech University Health
Sciences Center
REVIEWED FOR FORM:
Beni Hemmeline
Associate General Counsel
Texas Tech University Health
Sciences Center
Date:
Date
Doug Goodman, Public Health Administrator, presented
staff recommendation for an Agreement with Texas
Tech University Health Sciences Center for case
management services at the Health Department. He
noted that this is a continuation of an existing
agreement to expedite prenatal care.
According to Staff memo, this is the third year for
this cooperative arrangement with the TTUHSC Office
of Maternal and Infant Health. The agreement
provides $19,186 to the City for a Case Manager to
work with prenatal patients at the City Health
Department. The City agrees to provide office
space, clerical supplies, and telephone. This
agreement is for one year, beginning September 1,
1992 and ending August 30, 1993.
This employee is responsible for interviewing
prenatal patients for Maternal and Infant Health
Improvement Act (MIHIA) and Medicaid financial
eligibility; scheduling patients; promoting
community awareness of MIHIA programs; and assisting
patients in filling out forms for MIHIA and
Medicaid. The case manager will work with the
patient through the first year of the infant's life,
and advise on programs providing assistance with
both medical and social problems.
Either party may cancel this agreement with a thirty
(30) day written notice. Case management ensures
that the prenatal patient is receiving all available
services within the community. This process also
assures that the community and the state are
reimbursed by all state or federal money
appropriated for provided services.
The Board of Health and City Staff recommended
approval.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Patterson to authorize
Resolution #4008 as recommended by the Board of
Health and Staff. Motion carried: 7 Yeas; 0 Nays.
October 22, 1992
Page 903
92-51B-903-620
(37.)
RESOLUTION #4009
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
Demonstration Project Agreement by and between the City of Lubbock and
the Energy Office of the Governor of the State of Texas for the
implementation of a Motor Oil Recycling Demonstration Project, 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 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Lee Ramirez, Sanitation Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
STATE OF TEXAS § DEMONSTRATION PROJECT
AGREEMENT
COUNTY OF TRAVIS §
CONTRACT #
kvlubck/try
I. Parties
This contract and agreement is made and entered into by the following
parties:
The Agency: Office of the Governor of the State of Texas
Energy Office
Sam Houston State Office Building
201 E. 14th Street
Austin, Texas 78701
The Contractor: City of Lubbock
Solid Waste Management Department
P.O. Box 2000
Lubbock, Texas 79403
The parties hereto have severally and collectively agreed and by the
execution hereof are bound to mutual obligations and to the performance
and accomplishments of the tasks hereinafter described.
October 22, 1992
Page 904
II. Recitals
The services to be performed under this contract are in accordance with
the Recycling Program of the Energy Extension Service Plan prepared in
accordance with National Energy Extension Act (Title V, Public Law
95-39); the Oil Overcharge Restitutionary Act, Article 4413 (56)
Vernon's Texas Civil Statutes, Sec. 3; and the State of Texas Oil
Overcharge Funds Disbursement Plan. This contract is funded with Exxon
Oil Overcharge Funds.
III. Statement of Services
The parties hereto do hereby agree that the Contractor, in consideration
of the compensation hereinafter described, shall provide the services
with Agency approval and/or supervision as specifically described in
Attachment A, which is attached hereto and incorporated herein for all
purposes.
The Contractor shall submit such records, information, and reports in
such form and at such times as specified in Attachment A.
IV. Compensation and Payment
For and in consideration of the delivery of the herein described
services by the Contractor, the Agency agrees and covenants to provide
as compensation to the Contracotr an amount up to and not to exceed the
sum of Forty -Nine Thousand Eight Hundred Sixteen Dollars and No Cents
($49,816.00) for reimbursement of allowable expenses incurred hereto and
incorporated herein for all purposes. Each request for payment shall be
made by an approved State of Texas voucher supported by an invoice
detailing expense by budget category. Said invoice shall be fully
supported by actual receipts and such other documentation which in the
judgment of the Agency allows for full substantiation of costs incurred.
Requests for reimbursement and required performance reports shall be
submitted as stipulated in Attachment A, but no more frequently than
monthly. In the interest of timely administration and in accordance with
Agency reporting and reimbursement guidelines, requests for
reimbursement under this contract must be received by the Agency not
later than sixty (60) days from the incurrence of the expense. Failure
by the Contractor to comply timely with the above requirement may act tc
reduce the liability of the Agency to the sum of the requests for
payment received as of the deadline referenced above. To ensure full
performance by the Contractor, final payment in an amount equal to ten
percent (10%) of the contract total shall be withheld until delivery and
approval of the final report and/or all deliverables required herein.
Travel shall be reimbursed under this contract only if travel is a
budget category in Attachment B. If travel is included in Attachment B
it shall be reimbursed at the approved state of Texas employee rate.
The Contractor under this agreement shall not purchase any equipment
and/or computer software unless such equipment is specified in
Attachment B of this agreement or unless Contractor obtains prior
written approval from the Agency. Ownership of equipment purchased under
this agreement will be retained by the Contractor provided that the
equipment is used in the same manner and for the same purpose as
originally purchased. If the equipment is used in any other manner,
ownership is transferred to the Agency. Equipment is defined as tangible
personal property having a useful life of more than one year and an
acquisition cost of One Hundred dollars ($100.00) or more per unit.
At the discretion of the Agency and upon written memorandum to the
contract file, budget flexibility within categories shall be allowed to
the extent that the resulting total by any one category does not exceed
one hundred ten percent (110%) of the original budgeted amount. Larger
deviations shall require formal contract amendment.
October 22, 1992
Page 905
V. Inspection and Monitoring
The Contractor shall permit the Agency to inspect and shall make
available to the Agency for inspection any and all pertinent records,
files, information and other written material pertaining to the
operation of programs and expenditure of funds hereunder which is
maintained by the Contractor or by any other person or other entity with
whom any portion of its performance hereunder has been subcontracted.
The Contractor further agrees to maintain, keep and preserve at its
principal office all such records for a period of three years and make
the same available to the Agency or agencies of the state and/or federal
government for purposes of audit. The Contractor further agrees that the
Agency may carry out monitoring and evaluation activities to insure
adherence by the Contractor to the work program which is the subject of
this contract and to make available copies of all financial audits and
related management letters of the Contractor and any subcontractors when
required under state and federal guidelines.
VI. Copyright and Acknowledgement
The Contractor shall not assert any rights at common law or in equity or
otherwise or seek to establish any claim to statutory copyright in any
material or information developed under this contract pursuant to
Attachments A and B, and the Agency shall have the right to use,
reproduce or publish any or all of such information and other materials
without the necessity of obtaining permission from the Contractor and
without expense or charge. All reports and other materials completed as
a result of this contract shall carry an appropriate acknowledgement of
Agency support on the front cover or title page of such document and
other materials.
VII. Termination
Either party to this contract shall have the right to terminate by
notifying the other party in writing of such termination at least 30
days prior to the effective date of termination.
Upon receipt of notice of termination the Contractor shall cancel,
withdraw or otherwise terminate any outstanding orders or subcontractors
which relate to the performance of this contract and shall otherwise
cease to incur costs hereunder. Notwithstanding the above, such expenses
as are specifically authorized in writing by the Agency to the
Contractor shall be reimbursed pursuant to Article IV herein.
In no event shall the Agency be liable to the Contractor or Contractor's
creditors for expenses incurred after the termination date.
VIII. Independent Contractor
It is expressly understood and agreed by both parties hereto that the
Agency is contracting with the Contractor as an independent contractor
and that the Contractor, as such, agrees to hold the Agency harmless to
the extent permitted under the Constitution and the laws of the state of
Texas from and against any and all claims, demands, and causes of action
arising from the negligent acts or omissions of the Contractor, its
employees or agents in connection with the performance of services by
the Contractor or any of its subcontractors under this contract.
IX. Subcontracting
The Contractor shall subcontract for the performances specified herein
only with the prior written approval of such subcontract and
subcontractors by the Agency. The Contractor, in subcontracting any of
its performances hereunder, shall legally bind subcontractors to perform
and make such subcontractors subject to all the duties, requirements,
and obligations of the Contractor specified herein.
October 22, 1992
Page 906
In no event shall any provision of this Article, specifically including
the requirement that the Contractor obtain the prior approval of the
Agency on the Contractor's subcontracts, be construed as relieving
Contractor of the responsibility for insuring that the services rendered
under all subcontracts are rendered so as to comply with all the terms
and provisions of this contract as if the services and assurances
rendered were rendered by Contractor hereunder. The Contractor will
furnish the Agency with copies of all subcontracts prior to execution
and any amendments, assignments, cancellations or terminations of said
subcontracts, upon request.
X. Amendment and Changes
Any alteration, addition, or deletion to the terms of this contract,
other than decisions of the Agency to allow budget flexibility pursuant
to the last paragraph of Article IV, shall be by amendment hereto in
writing and executed by both parties hereto on or before the proposed
effective date of said amendment.
XI. Assurances
The Contractor assures and shall obtain assurances from all of its
subcontractors that no person shall, on the grounds of race, creed,
color, handicap, national origin, sex, religion, political affiliation
or beliefs, be excluded from, be denied the benefit of, or be subjected
to discrimination under any program or activity funded in whole or in
part under this agreement.
Incorporated by reference the same as if specially written herein are
the rules, regualtions and all other requirements imposed by law,
including but not limited to compliance with those pertinent rules and
regulations of the state of Texas and those of Federal agencies
providing funds to the state of Texas.
XII. Funding
It is expressly understood and agreed by the parties hereto that the
performance on the part of the Agency of its obligations hereunder is
contingent upon and subject to actual receipt by the Agency of
sufficient and adequate funds from the sources contemplated by this
contract. To the extent the performance of this contract transcends the,
biennium in which this contract is entered into, this contract is
specifically contingent upon the continued authority of the Agency and
appropriations therefor.
XIII. Term of Contract
The parties acknowledge that a number of factors including the distance
between the parties and the accessibility of authorized signatories make
it difficult for the parties to jointly execute this contract.
Therefore, the parties hereby agree that the effective date of this
contract is the 14th day of September, 1992 and that it shall continue
in effect, unless terminated earlier in accordance with other provisions
of this contract, until the 30th day of September, 1993.
October 22, 1992
Page 907
XIV. Signatory
Having agreed to the terms herein, the undersigned signatories hereby
represent and warrant that they are either an official of the Agency or
an agent for the Contractor for which they are executing this contract
and that they have full authority to enter into this contract.
AGENCY: CONTRACTOR:
Office of the Governor
By:/s/ Harris E. Worcester
Harris E. Worcester
Director, Energy Office
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Lee Ramirez
Sanitation Superintendent
City of Lubbock
By:/s/ David R. Langston
David R. Langston
Mayor
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
Attachments "A" and "B" are filed with Resolution No. 4009.
Lee Ramirez, Solid Waste Superintendent, presented
staff recommendation for Council approval of an
agreement with the Energy Office of the Governor for
a motor oil recycling demonstration project.
According to staff memo, in February, 1991, the City
of Lubbock Solid Waste Management Department
responded to a Request for Proposals (RFP) which was
published in the December, 1990 issue of the Texas
Register. The issuing agency on the RFP was the
State of Texas, Governor's Energy Office. In June,
1991, Staff was notified by the Governor's Office
that the City's proposal had been named a finalist
and in March, 1992, the Solid Waste Management
Department submitted, as requested by the Governor's
Office, a revised proposal.
In September, 1992, the City received formal
notification that it had been selected as a
Demonstration Project Grantee and was eligible for
an 80-20 grant in the amount of $49,816. The City
portion will be $12,454 for a total project cost of
$62,270. No additional City funds will need to be
expended or budgeted because the City's 20% match is
included in the Solid Waste Management FY 92-93
budget.
October 22, 1992
Page 908
The Used Oil Recycling Demonstration Program
submitted and approved by the Governor's Energy
Office includes purchasing 18 Igloo -type containers
for collecting used oil and for funding the
necessary supervision to monitor this program for
one year. Currently, the used oil is collected in
55 gallon barrels. This procedure has served the
program well, but as it has grown, the vendor who
collects the used oil is having to make repeated
trips to the collection sites to collect a maximum
of 55 gallons of oil. Under the grant, the
collection containers will increase in size from the
present 55 gallon containers to 360 gallon
containers. (The vendor reimburses the City 3t for
each gallon of used oil that it collects.)
In addition to funding the new used oil containers,
the grant will include funding for personnel costs,
fringe benefits costs, travel costs, PSA development
costs, and office operations costs. The personnel
costs are calculated to be 10% of the salary for the
Superintendent of Solid Waste, 33% of the Solid
Waste Management Recycling Coordinator's salary, and
25% of the fringe benefits for both positions. The
travel portion is 1,310 miles of regional travel.
The PSA's include both radio and television media
PSA's.
The services that will be provided by the agreement
include the following:
1. Hire a Recycling Coordinator -- This
was accomplished prior to the grant.
2. Replace existing 55 gallon
containers at 18 existing locations
with new 360 gallon containers.
3. Produce a promotional video.
4. Market the program to the public
through a multifaceted approach to
include the following:
a. Distribute 30 and 60 second
public service announcements
(PSA) to local radio stations.
b. Ask local television talk
shows to highlight the oil
recycling activities.
c. Make presentations to local
civic organizations.
d. Provide a 30-second video for
airing on local television
stations as a PSA.
e. Highlight the Oil Recycling
Program along with other
recycling activities during
Earth Day activities.
October 22, 1992
Page 909
92-51B-909-621
(38.)
5. Submit requests for reimbursements
within 60 days of incurring
expenses.
6. Submit quarterly reports and a final
report.
7. Provide additional information as
requested by the Agency for
evaluation purposes.
Additionally, the City will provide the following
items and reports during the period that services
are provided:
Deliverables and Milestones Schedule
1. Hire a Recycling Coordinator Completed
2. Purchase/Install 360-Gal. To be
Containers determined
3. Produce Promotional Video To be
determined
4. Market/Promote Program On -going
5. Monitor Collection/Participation On -going
6. Progress Report Quarterly
7. Final Report September,
1993
Staff recommended approval.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilmember Patterson to authorize Resolution
#4009 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
The City Council requested a revision to the current
voting procedure in which only "nay" votes are
voiced and silence is taken to be a vote in the
affirmative. The proposed change will require that
both "yea" and "nay" votes be voiced.
Since this will require a change to the Council
Rules, Order of Business and Procedures, the
proposed change will be entered into the record by
the Mayor at the October 22 Council meeting and be
voted on at the November 12 Council meeting for
inclusion into the Council Rules, Order of Business
and Procedures.
Motion was made by Councilmember Neugebauer,
seconded by Mayor Pro Tem Trejo to enter into the
record the proposed change to the City Council
Policies and Procedures pertaining to voicing of
votes during Regular City Council Meetings as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 22, 1992
Page 910
92-51B-910-622
(39.) Consider Resolution #4010 appointing Interim City
Secretary.
RESOLUTION #4010
WHEREAS, the City Secretary of the City of Lubbock tendered her
resignation to the City Council to be effective on October 16, 1992; and
WHEREAS, the City Council accepted said resignation; and
WHEREAS, the City Council desires to appoint Sally Still Abbe as
Acting City Secretary until a permanent replacement is appointed; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sally Still Abbe is hereby appointed to the
position of Acting City Secretary.
SECTION 2. THAT Sally Still Abbe shall serve as Acting City
Secretary until the City Council appoints a new City Secretary for the
City of Lubbock.
SECTION 3. THAT Sally Still Abbe is hereby authorized to
discharge all of the duties and responsibilities of the office of City
Secretary and to possess all of the authority vested in said office
until the City Council of the City of Lubbock appoints a new City
Secretary.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Acting City Manager
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This resolution is to for the appointment of an
Acting City Secretary and to set forth that this
person is authorized to discharge all duties and
responsibilities of that office and has the
authority vested in that office during his/her
tenure as Acting City Secretary.
Staff recommended Council approval for designating
Sally Still Abbe as Acting City Secretary.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4010
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 22, 1992
Page 911
92-51B-911-623
(40.)
RESOLUTION #4011
WHEREAS, the City of Lubbock, a home rule municipality of the
State of Texas, and the Science Spectrum, a nonprofit corporation of the
State of Texas, have entered into a public -private partnership for the
operation of an "Omnimax" theater and a science museum; and
WHEREAS, such theater and museum provide for the expansion of
cultural activities and tourism activities for the City of Lubbock and
surrounding areas; and
WHEREAS, the City of Lubbock and the Science Spectrum have
heretofore on May 27, 1992, made application for a public works grant in
the amount of $825,000 from the Economic Development Administration of
the U.S. Department of Commerce for renovation of the existing TIME -DC
building into a science museum; and
WHEREAS, it has now been learned that a new application must be
submitted to the Economic Development Administration for said grant,
which new application must be made by the City of Lubbock and the South
Plains Association of Governments as it has been determined that the
Science Spectrum is not a qualified applicant; and
WHEREAS, it is the intent of the Science Spectrum to lease the
aforementioned TIME -DC building to the South Plains Association of
Governments, a governmental subdivision of the State of Texas; and
WHEREAS, it further is the intent of the South Plains Association
of Governments to enter into a management agreement with Science
Spectrum to operate said science museum during the term of the lease
agreement, which lease agreement and management agreement shall be
submitted to the City of Lubbock for approval prior to execution by the
parties; and
WHEREAS, the City Council of the City of Lubbock is of the opinion
that the science museum and the "Omnimax" theater, which will be located
adjacent to each other, will each enhance the performance of the other
in the attraction of tourists to this area; and
WHEREAS, the City Council of the City of Lubbock believes that
such a grant will greatly enhance the success of the joint projects and
recommends the approval of such grant by the U.S. Department of
Commerce; and
WHEREAS, the City of Lubbock is committed to such joint project to
the extent of some $5,000,000 and construction is underway at the
present time; and
WHEREAS, the City Council of the City of Lubbock hereby requests
that such grant received expedited consideration by the U.S. Department
of Commerce and all subordinate levels of approval; NOW THEREFORE:
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 sign a joint grant application with the South Plains
Association of Governments to the U.S. Department of Commerce and to
accept or affirm any grant award that may result therefrom; and
October 22, 1992
Page 912
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 any
other documents associated with such grant application and award as may
be required; and
THAT this Resolution is intended to be full disclosure of all
pertinent information to the U.S. Department of Commerce on behalf of
the City of Lubbock.
Passed by the City Council this 22nd day of October, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant
City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Grant is filed with Resolution No. 4011.
Robert Massengale, Assistant City Manager for
Financial Services, presented staff recommendation
for Council approval of an application for a grant
from the Economic Development Administration.
Earlier this year, the City Council approved the
application for a grant from the Economic
Development Administration in the amount of $825,000
that would be used to renovate the Science Spectrum
facility. At that time, the City was co -applicant
with the Science Spectrum on the grant.
After consideration of the application by the
Economic Development Administration, the EDA has
suggested that the Science Spectrum be replaced as
co -applicant by the South Plains Association of
Governments. The EDA feels that this change in the
application would increase the possibility of
approval and award of the grant.
This proposed change in the application does not
change any substance of the grant. The grant money
will still be spent on the Science Spectrum facility
under the definition of economic development as
required by the Economic Development Administration.
This is not a substantial change from the end result
of the grant. Staff recommended approval of the
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4011 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
October 22, 1992
Page 913
92-51B-913-624
(41.) Hold an Executive Session to discuss land
acquisition.
There being no further business to co e e Council, motion was made
by Councilmember Cooke, seconded by C uncilme r r to ad' rn
the meeting at 3:00 p.m. Motion carri d: s; FN
00
ATTEST:
Sally Stil9jAbbe
Acting City Secretary
Read and approved this the 12th day
ATTEST:
7 <�7-DW
Sally Still be
Acting City Secretary