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Home My WebLink AboutMinutes - City Council - Regular - 2/25/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of February, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tem Maggie Trejo, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and Acting City Secretary Sally Abbe. Mayor Langston called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Dan Hawkins, Director of Water Utilities. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. The Council went into executive session at 10:10 a.m. 93-52A-155-108 (41.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VACS, to consider appointment of a candidate to the position of City Secretary. The Council reconvened at 2:15 p.m. 93-52A-155-109 ( 3.) Presentation to the Lubbock High School Girls Soccer Team. A proclamation was presented to the Lubbock High School Girls Soccer Team to recognize their recent City league championship. The Lubbock High School Girls Soccer Team is coached by Diane Nichols and Lubbock High School Principal Rose Mediano will also be in attendance. Diane Nichols has been the girls soccer team coach of Lubbock High for the past 14 years. The Lubbock High School girls soccer team has won 10 consecutive city championships. The following 19 (16 players and 3 managers) young ladies are members of this year's team: Essie Adame Mitzi Larez, Manager Tieyah Barham Connie McDaniel Heather Beasley Cathy Miller Jennifer Bowers Jamie Montross, Manager Yvonne Contreras Sarah Newton Stacie Estes Christy Riggs Sara Finch Jessica Salazar Sara Garza Julie Walthall Patty Hernandez Norma Zuniga Elizabeth Landeros, Manager February 25, 1993 Page 156 93-52A-156-110 (42.) Take appropriate action to appoint a City Secretary for the City of Lubbock. 93-52A-156-111 (24.) Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to appoint Betty Johnson to the position of City Secretary of the City of Lubbock, effective March 1, 1993. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson absent from the Council Chambers. ORDINANCE #9592--Zone Case #2483-A (2413 20th Street) --Hold a public hearing to consider the ORDINANCE #9592 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2483-A; A ZONING CHANGE FROM R-2 AND AM SPECIFIC USE TO AM SPECIFIC USE ZONING FOR PROFESSIONAL OFFICES ON LOTS 7 AND 8, BLOCK 2, ELLWOOD PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 2:24 p.m. Kyle Short presented this request for zone change from R-2 and AM Specific Use to AM Specific Use. No one appeared in opposition. Mayor Langston closed the public hearing at 2:25 p.m. David Jones, Director of Planning, presented staff comments. Approximately ten years ago, the Comprehensive Land Use Plan was amended to indicate, office use on this south half block of 20th between University and Avenue X. Mr. Jones gave the current adjacent land use relationships as follow: North - commercial South - residential East - residential, GO policy West - offices This request fits both Comprehensive Land Use Plan and zoning policy and should not affect traffic in the area. The site plan notes additional parking for the new office. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9592 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson absent from the Council Chambers. February 25, 1993 Page 157 93-52A-157-112 (25.) Addition. ORDINANCE #9593 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2068-A; A ZONING CHANGE FROM A-2 TO R-1 ZONING ON A PORTION OF TRACT A, BRUNKEN HILL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 2:28 p.m. David Goyette appeared on behalf of Craft Development to present this request for zone change from A-2 to R-1. No one appeared in opposition. Mayor Langston closed the public hearing at 2:29 p.m. David Jones, Director of Planning, presented staff comments. The land area of this property that is not needed for future church development is being proposed for single-family residential, consisting of 6 lots including a separate lot for the existing parsonage. Mr. Jones gave the adjacent land use relationships as follow: North - single family South - single family East - church West - single family As a residential downzone, the request conforms with both Comprehensive Land Use Plan Policy and zoning policy. The proposal will have little or no effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. The staff supported the recommendation of the Planning and Zoning Commission to the City Council. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Ince to pass on first reading Ordinance #9593 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson absent from the Council Chambers. February 25, 1993 Page 158 93-52A-158-113 (26.) ORDINANCE #9594 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2697; A ZONING CHANGE FROM R-1 TO IDP ZONING ON A TRACT OUT OF SECTION 10, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Cooke excused and recused himself from discussion and voting on this item. (An affidavit was filed with the City Secretary prior to this hearing.) Mayor Langston opened the public hearing at 2:31 p.m. David Goyette appeared on behalf of Budget Rent A Car to present this request for zone change from R-1 to IDP. No one appeared in opposition. Mayor Langston closed the public hearing at 2:32 p.m. David Jones, Director of Planning, presented staff comments. This request is for IDP - Industrial Park zoning, for a car rental agency. Mr. Jones gave the adjacent land use relationships as follow: North - vacant, airport property South - vacant, zoned R-1, IDP policy East - zoned IDP - car storage West - vacant, zoned R-1, IDP Policy This request is consistent with both the Comprehensive Land Use Plan and zoning policy and the effect should be normal for new commercial development on vacant property. Staff expressed the hope that the design of the facility would reflect the fact that this parcel is on the very front door to Lubbock from the Lubbock International Airport. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0 subject to the following condition: 1. That a site plan, including building elevations showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. The staff supported the recommendation of the Planning and Zoning Commission to the City Council. Motion was made by Councilmember Aderton, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9594, with conditions recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Cooke recused; Councilmember Patterson absent from the Council Chambers. February 25, 1993 Page 159 93-52A-159-114 (27.) ORDINANCE #9595 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2698; A ZONING CHANGE FROM T TO M-2 SPECIFIC USE ZONING FOR A JUNKYARD, SALVAGE YARD OR AUTOMOBILE WRECKING YARD ON A TRACT OUT OF SECTION 25 BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 2:34 p.m. David Goyette appeared on behalf of Auto Auction Company to present this request for zone change from T to M-2 Specific Use. Rob Watts, who resides at 2400 44th Streets, told the Council that he had done business with Auto Auction Company for ten years. He stressed that the company's function is not as a junkyard but rather as a sales agent for insurance companies. Further, it is only open to car dealers licensed by the State of Texas. Lloyd Croslin, a realtor, indicated that both of the adjacent property owners, Rip Griffin Truck Stop and Lubbock Trailer Manufacturing Inc., are in favor of the request. Doug Owens, owner of this type of business in Amarillo for the past ten years, told the Council that he sold approximately 4,000 cars last year at his facility in Amarillo. His facility is one of only 25 salvage pools in the state and draws buyers from a multi -state region. Elmer Etgen, a resident of east Lubbock, presented a petition containing 127 signatures of citizens opposing the facility. Mr. Etgen presented two major concerns about the facility being placed at the location proposed: 1) the danger to children who would be attracted to the area and 2) the danger to the environment and the groundwater presented by leaking oil, freon, and battery acid. J.W. McCafferty, who resides at 4012 E. Colgate, expressed strong opposition to the facility due to the efforts of the neighborhood association to clean up the neighborhood and doesn't understand how the facility will bring money to Lubbock. Betty Etgen expressed the concern that the citizens of the area do not want the facility, that it is being dumped on the east Lubbock area, and that it will not bring sales tax benefit or jobs to the city. Mayor Langston closed the public hearing at 3:14 p.m. February 25, 1993 Page 160 David Jones, Director of Planning, gave staff comments. The proponent represents a company which purchases wrecked vehicles and auctions them to dealers for either repair or for wrecking yards. Mr. Jones gave the adjacent land use relationships as follow: North - vacant, zoned "T" South - Idalou Hwy/Children's home East - zoned IDP - vacant West - zoned "T" - Rip Griffin Truck Stop The major corridor or entryways to Lubbock have been a concern of the Planning and Zoning Commission and City Council for some years, although staff have not adopted any formal policy. The policy which exists within the Comprehensive Land Use Plan for IDP suggests concern for how businesses "look" as they face major traffic arteries. Following is a discussion of two sets of information from the Zoning Code, one from IDP Section and the second from the Specific Use guidelines for salvage yards. The basis for these two discussions is that the Comprehensive Land Use Plan notes "IDP" for the area north of the Idalou Highway from Loop 289 to the city limit. The proponent was required to file the case as M-2 Specific Use because the Code classifies the presence of wrecked vehicles that are auctioned by the proponent as "Junkyard, salvage yard, or automotive wrecking yard" in the M-2 District with a Specific Use Permit. Experience in Lubbock with the public indicates that a yard of wrecked vehicles is perceived as a junk or salvage yard regardless of the nature of the business operation. The following are IDP Guidelines: (o) Landscaping requirements. (1) Lots adjacent to major thoroughfares or expressways shall each have five (5) per cent of their respective total development lot area landscaped and permanently maintained. Other lots shall each have three (3) per cent of their respective total development lot area landscaped and permanently maintained. The total required landscaping shall be located between the building line and adjacent streets. Any landscaping placed within the visibility triangle of a corner lot must be in compliance with section 29-30(b)(6)i.2 of this zoning ordinance. February 25, 1993 Page 161 (q) Outside storage. All outside storage areas shall be behind a screening fence six (6) feet in height. Materials shall not be stacked or stored to exceed the height of the screening fence. All storage areas and fencing shall be behind the front building line towards the interior of the lot. (r) Loading and truck storage areas. No truck loading/unloading areas shall be located on a building wall fronting on a major thoroughfare or expressway; lots without frontage on a major thoroughfare or expressway shall have no such regulation. (t) Building materials and construction. (1) A half -cylinder building shall not be permitted. (2) Galvanized, corrugated sheet metal walls shall not be permitted. (3) All buildings located on lots adjacent to major thoroughfares or expressways shall have an exterior composition or facade, on each wall fronting on any such thoroughfare or expressway, of not less than 30% (per wall) of wood, brick, stucco, aggregate stone, natural stone or glass (exclusive of doors and windows). (u) Site plan and review. No building permit shall be issued until the Planning and Zoning Commission has reviewed a site plan for the building site and has approved the same as showing the following details: (1) Scale and North arrow. (2) Dimensions of all lots, yards and driveways. (3) Off-street parking spaces and all private driveways. (4) Landscaping details. (5) Building area. (6) Loading/unloading areas. (7) Outside storage areas and required fences. February 25, 1993 Page 162 (8) Ingress and egress. (9) Location of free-standing signs. (10) Elevations showing building height, location and type of required building materials. M-2 Specific Use Guidelines: (18) Junkyards, salvage yards, or automobile wrecking yards. In the "M-2" District on a site of five (5) acres or more at the time of application, provided the following conditions are met: a. Operator must hold a permit (or licenses) issued in accordance with the City Code of the City of Lubbock, Texas. b. That a six-foot high screening fence of wooden or masonry construction of the equivalent thereof as described on a detailed site plan approved by the planning and zoning Commission and the City Council shall be constructed entirely surrounding the property and permanently maintained except where a permanent building is erected. Said building shall constitute a portion of the screening fence. A display area may be provided adjacent to the fronting street provided the following conditions are meet: 1. Set back a minimum of twenty-five (25) feet from the fronting street. 2. A screening fence as described above shall be constructed on the sides and rear of such display area. 3. The total area to be used for display shall not exceed five (5) per cent of the total development lot area. 4. Display of parts and/or used cars which are for resale may be displayed in this area. Said used cars must be complete with no parts removed and no more than five (5) used cars may be displayed. February 25, 1993 Page 163 C. No item of junk, salvage, or other merchandise shall be stacked or permitted to be stacked or stored in excess of the height of the enclosing fence or wall nor nearer than two (2) feet thereto except that wrecked vehicles may be stacked two (2) feet high provided said vehicles are stacked a minimum of seventy-five (75) feet from any property line. d. Such junk, salvage, or other merchandise on the premises shall be arranged to provide reasonable inspection of, or access to, all parts of the premises. e. All proposed signs and/or advertising displays be detailed on the site plan which is to be submitted in accordance with section 22.2[29-24(b)] of the Zoning Ordinance. f. Any drainage requirements, as required by the city engineering departments, shall be met. g. That all such premises be open for inspection to, and meet the requirements of, the city's fire, police, health and building authorities. h. No advertising shall be permitted on screening fences. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0 subject to the following conditions: 1. The area noted on the south boundary (200 feet along the property line) outside of the fenced sale area #2 shall be landscaped and permanently maintained. 2. Provide a solid screen fence (chain link with vinyl slats is acceptable) for 150 feet on the west side property line and for 300 feet on the east property line. 3. No sale of auto parts or portions of wrecked vehicles to the general public. 4. No dismantling or salvage of parts or portions of vehicles shall occur on this parcel. 5. No vehicle shall be crushed or otherwise destroyed on this parcel. February 25, 1993 Page 164 6. No vehicle shall remain on the property for longer than 12 months unless extenuating circumstances are verified to the Director of Planning. 7. Tied to site plan 2698 as presented to the Planning and Zoning Commission and signed by the Chairman on February 4, 1993. During the Planning and Zoning Commission meeting, the proponent agreed to the conditions that are reflected within the recommendation. There seemed to be general agreement that the site plan and other conditions would solve any discrepancy between the M-2 Specific Use and IDP guidelines. The staff supported the recommendation of the Planning and Zoning Commission. After much discussion, the motion was made by Councilmember Cooke, seconded by Councilmember - Aderton to pass on first reading Ordinance #9595 with conditions recommended by P&Z and City staff. Motion carried: 4 Yeas; 3 Nays --Mayor Langston, Mayor Pro Tem Trejo, and Councilmember Patterson. ( 4.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to approve minutes of the February 11, 1993 Regular City Council Meeting and the February 18, 1993 Special City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. 93-52A-164-115 ( 5.) ORDINANCE #9585--Zone Case #2255-D (west of Frankford Avenue between 63rd and 64th Street L - ORDINANCE #9585 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-D; A ZONING CHANGE FROM GO TO C-2A ZONING ON A TRACT OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9585 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 165 93-52A-165-116 ( 6.) ORDINANCE #9586--Zone Case #1123-C (5110 29th eighteen go-kart Formula K Go -Kart Track on Lot 306-A, Midway Park Addition and a tract out of Section 17, Block B. ORDINANCE #9586 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1123-C; A ZONING CHANGE FROM C-3 AND C-4 SPECIFIC USE TO C-4 SPECIFIC USE TO AMEND SITE PLAN TO INCLUDE BUMPER BOAT POOL AND GO KART TRACT ON LOT 306-A, MIDWAY PARK ADDITION AND A TRACT OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9586 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-165-117 ( 7.) ORDINANCE #9587--Zone Case #2695 (1721 45th Street) --Request of Church of the Nazarene for a zoning change from R-2 to GO on Lot 4A, Nazarene Addition. ORDINANCE #9587 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2695; A ZONING CHANGE FROM R-2 TO GO ZONING ON LOT 4A, NAZARENE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9587 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-165-118 ( 8.) ORDINANCE #9589--Zone Case #2118-T (South of 94th Street and between Slide Road and York Avenue) -- Request of Larry Teaver for a zoning change from R-1 to R-1 Specific Use (for townhouse/garden homes) on a tract out of Section 15, Block E-2. ORDINANCE #9589 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-T; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOUSE/GARDEN HOMES ON A TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9589 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 166 93-52A-166-119 ( 9.) ORDINANCE #9590--Zone Case #2137-A (Southwest corner of 82nd Street and Toledo Avenue) --Request of Adling Associates (for Lakeridge United Methodist Church) for a zoning change from R-2 to A-2 (for church and church related uses) on Tract C. Toledo United Methodist Church Addition. ORDINANCE #9590 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2137-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING FOR CHURCH RELATED USES ON TRACT C, TOLEDO UNITED METHODIST CHURCH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9590 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-166-120 (10.) ORDINANCE #9582--Abandoning and closing the alleys located in Block 135, Original Town Addition (805 Broadway). ORDINANCE #9582 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 135, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9582 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 167 93-52A-167-121 (11.) RESOLUTION #4085 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amendment to the Transportation Contract numbered 513-XXF-6019 to be entered into by and between the City of Lubbock and the Texas Department of Transportation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1993. /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 V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney A copy of the Amendment to the Transportation Contract between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 4085. The City Council approved the original State Contract No. 513-XXF-6019 in the amount of $149,914 on September 10, 1992. At that time, the State did not calculate the exact amount of funds the City would be eligible for in FY93 because the State had not determined the amount of carry-over funds the City would have from last year's contract. Citibus staff had already calculated in September that the total amount would be $292,823. This amendment adds $142,909 to the contract: $69,904 of Public Transportation Fund (PTF) discretionary money, $10,300 of PTF/Commission- selected projects carryover (ADA-related projects), and $62,705 PTF formula carryover from the City's fiscal year 1992 contract to the operating line item. This increases the maximum amount payable under Contract No. 513-XXF-6019 from $149,914 to $292,823. February 25, 1993 Page 168 When the amended contract was received, the State added $8,000 scheduled for the paratransit van to operating assistance. Therefore, the City will transfer $8,000 originally scheduled for the replacement van to operating assistance. If the City decided to change the contract, it would only delay when the City would receive the funds. Staff recommended approving the contract, thus enabling the City to spend the State funds sooner. The City cannot spend any of the additional funds until the contract is signed by both parties. (The State requires that they be the last party to sign the contract.) Last summer, there was an issue surrounding the bus stop at the South Plains Mall (SPM). The SPM wanted to improve the main entrance to the Mall by removing the buses from the parking lot. After negotiations between SPM and staff, it was agreed to move the bus stop location to the north side of the Mall on 57th Street. SPM then granted space for a bus pullout, with shelters, trees, and a dedicated sidewalk from the pullout to the north entrance of the mall. The City instructed the Citibus staff to come up with a way to fund the project without any additional costs to the City. Therefore, the cost of this project would be approximately $54,000, with 80% ($43,200) being funded by Federal Transit Administration (FTA) funds and 20% ($10,800) being funded by the City. The additional State operating assistance will allow Citibus to lower the City's share of operating Citibus from $632,560 to $590,000 or lower. The surplus City funds could then be used to match already -approved federal projects to fund passenger amenities (bus shelters and signs) for ADA requirements and to construct a bus stop location at the South Plains Mall. The revised City budget for Citibus could be as follows: FY92-93 Original Expended Approved To Date Revised Operations $632,560 $120,000 $590,000 Paratransit Van 6,170 (Bid) 14,200 Computer (DTP) 1,744 0 1,750 Maintenance Rehab. 1,526 1,488 3,500 Bus Shelter and Signs 0 *9,117 21,750 SPM Bus Stop 0 0 10,800 642 000 130 605 642 000 *Signs and shelters ordered prior to October 1, 1992. Due to the additional State funding, Citibus staff did not encumber City funds for the purchase of bus shelters (advertised in August, 1992) and signs (advertised in July, 1992). Since additional funds would be available from the State in the following year's budget, the Citibus staff decided to save the City those funds in the FY91-92 budget. This amounts to $21,150, of which $9,117 is for the actual purchase of the shelters and the signs. The balance will be for installation of the shelters and the signs. February 25, 1993 Page 169 93-52A-169-122 (12.) The City Council has the option not to undertake the SPM project or the installation of the passenger amenities in this budget, thus saving the City approximately $23,000. However, due to community relations, these projects would be a positive move for bus passengers and the City Council. Staff recommended that the City Council authorize the aforementioned amendment to Contract No. 513-XXF-6019. The Transit Advisory Board has reviewed and approved the plans for the South Plains Mall bus stop. Council will still need to approve the agreement with the Mall and the construction contract at a later date. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4085 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #4086 11 A Of 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 agreement by and between the City and Harmon Tank Company, 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 25th day of February, 1993 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Mike Murphy Mike Murphy, Senior Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney February 25, 1993 Page 170 THE STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT THIS AGREEMENT is made and entered into this 25th day of February, 1993, by and between the CITY OF LUBBOCK, TEXAS, home -rule municipality, hereinafter called "CITY," and HARMON TANK COMPANY, INC., which has an office at 1800 Broadway in Lubbock, Texas, hereinafter called "HARMON." WITNESSETH: THAT for and in consideration of the benefits accruing to the parties to this Agreement, CITY herein agrees to convey to HARMON and HARMON agrees to accept from CITY all of the right, title and interest of the CITY in and to the water lines within existing easements to Tract "A" of the Harmon Tank Addition to the City of Lubbock, Lubbock County, Texas. CITY is herein conveying the above -described water lines to HARMON without any warranty whatsoever and HARMON herein agrees to accept such water lines AS IS and WITH ANY AND ALL FAULTS. Upon execution of this Agreement by both parties hereto, HARMON agrees to accept all responsibility for maintenance of and repairs to the above -described water lines up to a two-inch turbine water meter connected to a three-inch water line along the south side of Tract "A," and CITY shall have no responsibility for such maintenance and repairs. HARMON herein also agrees to indemnify and save harmless the CITY from and against any and all damages, claims, demands, suits, judgments, injuries and losses that may be attributable in whole or in part to such water lines. HARMON further agrees that the easements within Tract "A" containing said water lines are not herein being conveyed (except to the extent necessary to maintain and repair said water lines) and that such easements shall remain available for the construction, installation, maintenance and repair of other utilities. February 25, 1993 Page 171 This Agreement shall inure to the benefit of and be binding upon both parties hereto and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above date. CITY OF LUBBOCK, TEXAS Ls/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Mike Murphy Mike Murphy, Senior Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney HARMON TANK COMPANY, INC. /s/ Larry McGee Larry McGee, President ATTEST: /s/ Paula White Paula White With this transfer of ownership, Harmon Tank will take over all maintenance and repair responsibilities of these lines within the bounded area of Tract "A" of the Harmon Tank Addition. Benefits to be gained by the City are reduced maintenance costs, fewer meters to read and cost savings in relation to line change out program. Benefit to Harmon Tank Company is that water costs are more in line with their operation and water consumption. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4086 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-171-123 (13.) Consider Resolution #4087 authorizing the Mayor to execute a Waste Water Lease Agreement with L.C.C. Institute of Water Research. RESOLUTION #4087 WHEREAS, the City of Lubbock did enter into a Waste Water Lease Agreement with L.C.C. Institute of Water Research; and WHEREAS, the L.C.C. Institute of Water Research did lease certain land to City for use by the City in disposal of waste water; and February 25, 1993 Page 172 WHEREAS, L.C.C. Institute of Water Research granted an option of renewal for a ten year period to City, upon written notice by City; and WHEREAS, City desires to exercise its option to extend the Waste Water Lease Agreement for an additional ten year period, commencing January 1, 1999; NOW THEREFORE: BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock does hereby exercise its option of renewal granted to it in Sec. 4 of that certain Waste Water Lease Agreement executed by and between the City and L.C.C. Institute of Water Research on the 14th day of August, 1980. SECTION 2. THAT the City Secretary shall deliver a certified copy of this Resolution to L.C.C. Institute of Water Research, which delivery shall serve as written notice to L.C.C. Institute of Water Research of the City's desire to exercise the option granted to it in Sec. 4 of said Waste Water Lease Agreement, executed by the City and L.C.C. Institute of Water Research on August 14, 1980. Passed by the City Council on this 25th day of February, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Waste Water Lease Agreement with L.C.C. Institute of Water Research is filed with Resolution No. 4087. In August, 1980, Standefer and Gray, Inc., operator of the City's Land Application Site at that time, entered into a lease agreement with the Lubbock Christian College Institute of Water Research for the disposal of treated sewage effluent on a 4,000 acre site near Wilson, Texas. This lease agreement was subsequently assigned to the City of Lubbock after the City purchased the Standefer and Gray property. The lease agreement provides that the lessee (City of Lubbock) may extend the lease for a 10-year period, beginning January 1, 1999. The option to extend the lease must be exercised prior to September 1, 1993. The lessor would be paid the total sum of $1,000 per year during the 10-year lease extension. February 25, 1993 Page 173 Because of its very large storage capacity, the continued use of this site is very important to the City of Lubbock for the disposal of a portion of its treated sewage effluent. Staff therefore recommended that the City exercise its option to extend this lease agreement. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4087 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-173-124 (14.) BID #12393--LP&L billing statements and envelopes (Print Shop). Carpenter Paper, Amarillo--1,000 M LP&L #10 envelopes; 1,000 M LP&L #9 envelopes. Data Documents, Hutchins--1,000 M LP&L billing statements. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-173-125 (15.) BID #12406--Street lighting (Central Warehouse). Cummins Supply, Amarillo--250 ea. 400 Watt HPS semi -cutoff, Type III 120/240 volt luminaire; 60 ea. 200 watt, HPS semi -cutoff Type III 480 volt luminaire. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-173-126 (16.) BID #12413--Steel pipe (Central Warehouse). O'Neal Steel Co.--3,150' 5" Black steel pipe in 21' lengths Grade ie. A36, A106, etc. wall thickness. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-173-127 (17.) BID #12418--Fertilizer (Parks & Recreation). Estes, Inc.--80 gl. 15-0-0 w/6% FE Iron Complex. Terra International, Shallowater--410 BG 16-4-12+5% Iron (50# Bag); 40 BG 0-0-50 Sulfate of Patash Greens Grade -Fine (50# Bag). Turfco, Dallas--97 TN 21-0-0 Ammonium Sulfate to be applied 4-12-93. Kitten Fertilizer, Slaton--64 TN gran. Sulfur to be applied 6-7-93. Tyler Fertilizer Co., Tyler--320 BG 0-0-22 Sul-Po-Mag (50# Bag); 121 TN 16-4-12 60% SCU +2% Iron to be applied 8-9-93. February 25, 1993 Page 174 BWI Dallas/Ft. Worth, Dallas--80 BG 10-18-22 Starter, Greens Grade -fine (50# Bag); 275 BG 16-0-24 Greens Grade -Fine (50# Bag); 104 BG 0-0-20 Sul-Po-Mag Greens Grade -Fine (50# Bag). Esco Distributors, Amarillo--3,600 BG 21-0-0 Ammonium Sulfate Coarse Grade (50# Bag). Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-174-128 (18.) BID #12423--Mackenzie Substation 69 KV relay panels (Electric Distribution). Keystone Electric Mfg., Des Moines, IA Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-174-129 (19.) BID #12430--High voltage cable (Central Warehouse). Pirelli Cable, Greenwood, SC--30,000' 15KV Cable #1/0 single aluminum, 19 strand. Nunn Electric Supply--15,000' 12-2 OF Copper conductor cable. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-174-130 (20.) BID #12466--Pavement marking tape (Traffic). Three M Traffic Control Division, St. Paul, MN --ALL or None: 24 BK Contact Cement 5 gallon bucket; 3 RL 8"X30yd. pavement marking tape; 15 RL 24"X30 yd pavement marking tape. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-174-131 (21.) BID #12488--HKA-12 mechanism for McDonald 230-1 BBC Breaker (Electric Distribution). ABB Service Co., Grapevine Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 175 93-52A-175-132 (22.) BID #12499--GIS Workstations (Information Systems). Intergraph Corp., Dallas Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-175-133 (23.) ORDINANCE #9588 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2696; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TWO TRACTS AND FOR SINGLE-FAMILY DWELLINGS WITH A 20 FOOT FRONT SET BACK ON ONE TRACT OUT OF SECTION 8, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Klaus Becker presented a petition to the City Council. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9588 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 176 93-52A-176-134 (30.) Consider Resolution #4088 setting a date and time for a public hearing associated with a paving assessment program. RESOLUTION #4088 PROJECT NO. 9875 1992 PAVING PROGRAM A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the City Council of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete alley pavement, and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of streets, highways, avenues and/or alleys, and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs and gutters, minimum five (5) inch thick reinforced concrete alley pavement, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, where necessary on streets, highways, avenues and/or alleys, designated below. It is hereby found and determined that the cost of the improvements on such portions of said streets, highways, avenues and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said streets, highways, avenues and/or alleys is as follows, to -wit: February 25, 1993 Page 177 The following thirty-six (36) foot wide street is known and designated as Unit Number 2035, Sub -Unit 05. The total estimated cost of the improvements is $20,398.71. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.10; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $19.24 for front abutting property in residential zones. The estimated cost of each Sub -Unit is as follows: Sub -Unit 05; North Avenue N from North Loop 289 to Wabash Street; the estimated cost of Sub -Unit 05 of Unit 2035 is $20,398.71. The following ten (10) foot wide alleys are known and designated as Unit Number A-461, Sub -Units 21 and 22. The total estimated cost for the improvements is $30,031.87. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $12.69. The estimated cost of each Sub -Unit is as follows: Sub -Unit 21, East-West alley between 73rd Street and 74th Street from Slide Road to Zoar Avenue; the estimated cost of Sub -Unit 21 of Unit A-461 is $9,887.55. Sub -Unit 22, East-West alley between 23rd Street and 24th Street from 100 feet East of Elgin Avenue to Canton Avenue; the estimated cost of Sub -Unit 22 of Unit A-461 is $20,144.32 An arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, and a compacted caliche base and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be constructed with pavement minimum of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place, for a hearing for the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements to the units upon which the particular parcels of property abut, the amount of benefits to the respective parcels of property by means of the improvements to the units upon which the particular parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in the City of Lubbock, Texas, on the 25th day of March, 1993, at 11:00 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 25th day of February, 1993. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. February 25, 1993 Page 178 SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 25th day of March, 1993 at 11:00 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature (Vernon's Ann.Civ.St. art. 1105b), and as subsequently amended. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such streets, highways, avenues and/or alleys, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 25TH DAY OF FEBRUARY, 1993. /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 Jim Bertram, Assistant City Manager for Development Services presented staff comments. This is the fifth and final resolution in the paving assessment procedure. This resolution states the proposed assessment rates and gives the time and place for the public hearing. The public hearing is scheduled for the March 25, 1993 City Council meeting and a time needs to be established so that required notification can take place. Staff recommended that the paving assessment hearing be held at 11:00 a.m. February 25, 1993 Page 179 There is one street and two alleys on this program. All three units were petitioned for paving by some of the abutting property owners. At the March 25 public hearing, the Council will decide which units will be paved and establish assessment rates for the units that remain on the program. Staff recommended approval of this resolution setting the date and time for a public hearing on March 25, 1993 at 11:00 a.m. It was the consensus of the Council to set the date and time of the paving assessment hearing for March 25, 1993 at 11:00 a.m. 93-52A-179-135 (31.) Consider Resolution #4089 authorizing the Mayor to execute an Aid in Construction Agreement with Energas Company (805 Broadway). RESOLUTION #4089 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 instrument entitled "Aid in Construction Agreement" between the City of Lubbock and the Energas Company, a Division of Atmos Energy Corporation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council on this 25th day of February, 1993. /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/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney February 25, 1993 Page 180 AID IN CONSTRUCTION ENERGAS THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS MEMORANDUM OF AGREEMENT between Energas Company, a division of Atmos Energy Corporation, First Party, and Citibus Terminal (City of Lubbock), Second Party, WITNESSETH: First Party, for and in consideration of the sum of Twenty thousand thirty-nine dollars ($20,039.00) agrees to perform the following installation or alteration of its facilities: Abandon 280' of 8" steel and 140' of 6" steel pipe in place located in Block 135, Original Town Subdivision and install 545' of 8" steel pipe on property described as follows: reroute gas line around Block 135 from east west alley south on Avenue G, west on 13th Street, north on Avenue H and tie back into east west alley. (City of Lubbock agrees to remove all concrete and asphalt prior to construction.) First Party agrees to provide gas service to Second Party at the location shown on the attached map under the service rules and regulations and at the rates in effect under which First Party provides similar service from time to time. This contract shall be personal to Second Party and he shall not assign the same except with the prior consent of First Party. The Second Party contracts and agrees to procure and provide, at his own expense, all rights -of -way and street and alley locations, in form satisfactory to First Party, necessary or convenient for the construction of said main extension and any facilities appurtenant thereto. It is agreed that said installation or alteration in the rights -of -way set forth herein, shall belong to the First Party as the sole and absolute owner thereof, and the expense of maintenance thereof shall be borne by First Party. Dated this the 25th day of February, 1993. WITNESS: ENERGAS COMPANY Division of Atmos Energy Corporation First Party: 3Z Second Party: /s/ Sally Still Abbe /s/ David R. Langston Still Still Abbe David R. Langston Acting City Secretary Mayor Jim Bertram, Assistant City Manager for Development Services presented staff comments. This resolution authorizes an Aid in Construction Agreement which allows Energas to relocate and remove their facilities in the block occupied by the future Citibus Transfer Center. The relocation cost for Energas' facilities is $20,039. This is the only utility company requesting a signed agreement with the City. The other utility companies only need a letter of acceptance and a check. February 25, 1993 Page 181 93-52A-181-136 (32.) Relocation costs for the other utility companies are as follows: Southwestern Public Service Company, $21,940; Lubbock Power and Light, $10,000; and Southwestern Bell Telephone Company, $48,121. Federal funds are being used on this project and their regulations state that the City is to reimburse utility companies where relocation is required, and the City will be reimbursed for these costs at a later date. There are no City funds involved in the relocation of the utilities for this project. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4089 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #4090 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 Dedication Deed in connection with the platting of Tract A, Lot 135, Original Town of Lubbock, Lubbock County, 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 25th day of February, 1993. /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: Ls/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney February 25, 1993 Page 182 THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: This is to certify that the City of Lubbock, a home rule municipality of the County of Lubbock, State of Texas, is the owner of Lots 1-20, Block 135, inclusive of dedicated alleys more particularly described as follows: to -wit: METES AND BOUNDS DESCRIPTION for the plat limits of Tract "A", Block 135, a replat of Lots 1 thru 20, Block 135, Original Town of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which is the original Southwest corner of Lot 10, Block 135, Original Town of Lubbock, Lubbock County, Texas; THENCE North a distance of 260.00 feet; THENCE East a distance of 270.00 feet; THENCE South a distance of 260.00 feet; THENCE West a distance of 270.00 feet of the Point of Beginning; CONTAINS: 1.612 acre Said City of Lubbock does hereby replat the above described property into lots, designating streets, alleys and other public properties as thereon shown in accordance with the attached plat, prepared by TOMMIE E. ANDERSON, a licensed surveyor for the State of Texas, on the day of , 199 , of , 1993, and desiring to have the said property platted and duly filed for record as required by law all as shown on the attached plat; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That for and in consideration of the special benefits to the remainder of our property said City of Lubbock does hereby DEDICATE all the streets, alleys, and other public properties thereon shown and designated upon said plat to the PUBLIC USE FOREVER; and by these presents, do impress the name of Tract A, Lot 135, ORIGINAL TOWN OF LUBBOCK to the City of Lubbock, Lubbock County, Texas, upon said property for the correct reference and February 25, 1993 Page 183 description thereto by lots and blocks as indicated upon the attached plat, and said City does hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said plat as a part of this dedication. WITNESS ITS HAND this the 25th day of February, 1993. 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 CONTENT: /s/ Ed Bucy Ed Bucy, Rights -of -Way Agent APPROVED AS TO FORM: /s/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and a MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1st day of March, /s/ Olivia R. Solis Olivia R. Solis, Notary Public Lubbock County, Texas Jim Bertram, Assistant City Manager for Development Services presented staff comments. This resolution authorizes the Mayor to execute a dedication deed for the platting of City -owned property to be known as Tract "A", Block 135, Original Town Addition. This plat incorporates all of the land recently acquired for the Citibus Transfer Center into one tract of land. This plat has been approved by the Planning and Zoning Commission and all utilities will be taken care of. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4090 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 184 93-52A-184-137 (33.) ORDINANCE #9596 AN ORDINANCE ABANDONING AND CLOSING CUL-DE-SAC PORTIONS OF FIRST PLACE IN SECTION 22, BLOCK A, LUBBOCK COUNTY, TEXAS; A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 127, WHISPERWOOD ADDITION; AND A TRANSFORMER PAD EASEMENT LOCATED IN WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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. 93-52A-184-138 (34.) Jim Bertram, Assistant City Manager for Development Services presented staff comments. This ordinance abandons and closes three separate items, all in the Whisperwood Addition and adjacent to Lot 127 of that addition. Several of the lots in this cul-de-sac are being replatted, necessitating these closures. A new cul-de-sac will be dedicated to replace the one being closed. A new five-foot underground utility easement and a transformer pad easement will be dedicated by plat to also replace those being closed. All utilities are in agreement with these closures and the $150 application fee has been paid. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on first reading Ordinance #9596 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9597 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A PUBLIC STREET LOCATED IN SECTION 8, BLOCK B, 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. Jim Bertram, Assistant City Manager for Development Services presented staff comments. This ordinance abandons and closes a 25' X 140.40' tract of land dedicated for a street in 1951. This street dedication was for a north -south street between 40th Street and 42nd Street just west of Avenue A; however, only a half -width street was dedicated and it did not completely go through from 40th to 42nd. A portion of this street was closed in 1984 and staff is now recommending that another portion be closed. February 25, 1993 Page 185 The preliminary plat has been submitted and staff sees no utility problems. The Appraisal District has the adjacent land valued at 20t per sq.ft. The Right -Of -Way Department values this street portion of land at 10t per sq.ft. because it is not needed and is landlocked. The City is to receive 10¢ x 3,510 sq.ft. _ $351. A quitclaim deed will be issued upon second reading of this ordinance since the abutting property owner is the City. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to pass on first reading Ordinance #9597 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-185-139 (35.) Consider the allocation of CDBG Contingency Funds to the Early Learning Centers of Lubbock, Inc. Jim Bertram, Assistant City Manager for Development Services presented staff comments. During the 1992-93 CDBG program, $75,000 was approved for the expansion of capacity for low income day care. The initial proposal was the construction of a new facility to be built in central Lubbock. After careful review of the options, the Board of Directors of the Early Learning Centers has determined that an expansion of the Erskine Early Learning Center is the best option to increase capacity. The cost for the proposed expansion of 1,784 square feet is estimated at $99,695. The request from the ELC is for additional funding for the construction and the associated architectural fees. Day care services has been a long standing priority for the CDBG program. The requested addition will increase the facility capacity by approximately 44 children. The original construction of the Erskine center was funded through CDBG and the proposed addition was originally included but then deleted due to budgetary constraints. Dennis Clayton, AC Associates, served as the architect on the original project. The recommendation is to increase the existing project budget of $75,000 to $110,000 through an allocation from the current year's contingency fund. This will decrease the contingency fund to $151,392.51. The CDAC rated this as a high priority project and also supports the allocation of current year contingency funding for the project. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve allocation of CDBG Contingency Funds to the Early Learning Centers of Lubbock, Inc. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 25, 1993 Page 186 93-52A-186-140 (36.) RESOLUTION #4091 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, subject to Federal Aviation Administration approval, if necessary, Supplemental Agreement No. 1 to Security and Computerized Access Control System Improvements Engineering Services Agreement with EG&G Special Projects, 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 Coucnil this 25th day of February, 1993. /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 E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney SUPPLEMENTAL AGREEMENT NO. 1 TO SECURITY AND COMPUTERIZED ACCESS CONTROL SYSTEM IMPROVEMENTS ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the 25th day of February, 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter called "City", and EG&G SPECIAL PROJECTS, INC., a/k/a EG&G AVIATION SECURITY SERVICES, hereinafter called "Engineer". WITNESSETH WHEREAS, on or about July 11, 1991, City and Engineer executed an Agreement in which Engineer agreed to serve as the City's professional engineering representative to design and oversee the Security and Computerized Access Control System Improvements described in an Exhibit to such Agreement; and WHEREAS, the Agreement executed on or about July 11, 1991, limited the amount of compensation payable to the Engineer for Special Services to an amount not to exceed Eighty Four Thousand Five Hundred Eighteen Dollars ($84,518); and February 25, 1993 Page 187 WHEREAS, the Contractor responsible for the construction and installation at the City's Airport of the Security and Computerized Access Control System Improvements, and whose work Engineer oversees, has failed to complete such construction and installation as scheduled; and WHEREAS, the City desires for Engineer to continue to oversee the work of the Contractor; and WHEREAS, the Engineer has agreed to continue to oversee the work of the Contractor at the same hourly rates of compensation expressed in the Agreement executed on or about July 11, 1991, provided such Agreement is amended to remove the limitation placed on the total amount of compensation payable to the Engineer for Special Services; NOW THEREFORE, for the reasons hereinabove indicated, the parties to this Supplemental Agreement do hereby agree to amend the Agreement executed on or about July 11, 1991, as follows: 1. Numbered paragraph 3 on page 2 of the Agreement is hereby amended as follows: 3) FEES AND PAYMENTS Payment to the Engineer for the Basic Services shall be as follows: Total compensation for Design Phase Services will be on a Lump Sum basis for $271,576 as specified in Exhibit "B". Invoiced amounts will be accepted monthly, and shall be based on a percentage of the work completed. Payment to the Engineer for the Special Services shall be as follows: The Engineer shall be reimbursed for the special services on a monthly basis. Compensation for these services will be in the amount of fees set forth in Exhibit "C". If the amount of compensation for special services exceeds Eighty Four Thousand Five Hundred Eighteen Dollars ($84,518), Engineer will continue to provide special services as are reasonably necessary at the hourly rates set forth in Exhibit "C" until such time as the Security and Computerized Access Control System Improvements are accepted by the City or September 30, 1993, whichever occurs first. All costs incurred by the Engineer for travel and the procurement of materials and/or other services will be invoiced at actual direct costs plus a 25% handling charge. February 25, 1993 Page 188 2. All other terms and conditions of the Agreement executed between the City and Engineer on or about July 11, 1991, are hereby ratified and except as above amended shall be and remain the same. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. CITY OF LUBBOCK, TEXAS 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/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney EG&G SPECIAL PROJECTS, INC. BY:/s/ Elaine G. Harlan ATTEST: /s/ Elizabeth Tingwall Bern Case, Director of Aviation, presented staff comments. On July 11, 1991, the City and EG&G executed an agreement for professional engineering and design services for the Security Access Control System in the terminal building. This agreement included provisions for basic design as well as construction phase services. Construction phase engineering costs for services for inspection were based on estimates since this agreement was executed prior to the bidding for construction. At the time of the execution of the engineering agreement, staff was unaware of these provisions and therefore included a provision for a maximum limit of $84,518 for construction phase services. The construction contract was to be completed by October, 1992 under the terms of the bid award and would have allowed the completion of the job within the limits stated for engineering services. The construction contract remains incomplete at this time. Numerous difficulties have been encountered during the project with the general contractor. The airport and the engineer are presently working to secure a definite project completion schedule from the general contractor. This overrun in time has brought payments to EG&G up to the limit stated in the engineering services agreement for construction phase engineering services. In staff's opinion, it is important to continue EG&G's professional services agreement during the remaining term of this project, in the interest of the airport. February 25, 1993 Page 189 The contract for construction with CEA, Inc. of Canton, Massachusetts, provides for assessment of liquidated damages of $1,000 per day in the event construction was not completed by October 23, 1992, and this will continue until construction has been completed. It is expected that this amount will offset the additional costs the airport has experienced for engineering and for the term of this supplemental agreement. The FAA is aware of the progress on FAA -funded project and concurs that continuing engineering and inspection for the remainder of construction is vital, and with liquidated damages funding the added engineering costs, the project should remain within its overall budget. The Airport Board will review this item in its regular meeting on February 17 and take action to recommend the amendment to the City Council for approval. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4091 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-189-141 (37.) Consider Resolution #4092 authorizing the acceptance of water and sewer improvements for Lots 234 through 265. Preston Hills Addition. RESOLUTION #4092 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 234 THROUGH 265, PRESTON HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 234 through 265, Preston Hills Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $40,256.17, with the improvements constructed by Utility Contractors of America, Inc. having a value of $22,802.80, as determined by the unit prices established by said Chapter 28 and $17,453.35 cash paid to the City, which amount includes $16,926.44 transferred funds for adjacent lines, with Lubbock Land Company, the developer to receive a refund of $9,461.41 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $9,461.41 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. February 25, 1993 Page 190 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 25th day of February, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Councilmember Neugebauer recused from discussion and voting on this item. (An affidavit was filed with the City Secretary.) Dan Hawkins, Director of Water Utilities, presented staff comments. This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $40,256.17, including value of construction costs of $22,802.80 and $17,453 cash paid to the City of Lubbock (including $16,926.44 transferred funds for adjacent lines). The developer, Lubbock Land Company, will receive a refund of $9,461.41 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4092 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Neugebauer recused. February 25, 1993 Page 191 93-52A-191-142 (38.) maintenance contract. RESOLUTION #4093 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, with the State of Texas Department of Information Resources pursuant to Section 271.083 of the Texas Local Government Code, to participate in the Digital Equipment Corporation Contract administered by the Department of Information Resources. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of February, 1993. ATTEST: /s/ Sally Still Abbe Sally Still Abbe Acting City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR CONTRACT NUMBER CONTRACT FOR PURCHASE OF SERVICES THE STATE OF TEXAS COUNTY OF TRAVIS THIS CONTRACT AND AGREEMENT is entered into by and between the State Agency and the Local Governmental Body or Independent School District shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act", Chapter 791, Government Code. I. CONTRACTING PARTIES: The Receiving Agency: CITY OF LUBBOCK The Performing Agency: DEPARTMENT OF INFORMATION RESOURCES II. STATEMENT OF SERVICES TO BE PERFORMED: The Performing Agency will provide computer maintenance to the Receiving Agency as per contracts submitted to the Performing Agency by the Receiving Agency's forms. February 25, 1993 Page 192 III. BASIS FOR CALCULATING REIMBURSABLE COSTS: Subject to the submission by Performing Agency to Receiving Agency of invoices and/or billing statements including itemized statements (provided by Digital Equipment Corporation), Receiving Agency shall pay Performing Agency based on the actual cost of the services. The Performing Agency will prepay the Contract and will use the prepayment discount for administration costs. IV. BASIS FOR CALCULATING SERVICE COSTS: The Performing Agency will provide services per the Digital Equipment Corporation contracts provided. V. PAYMENT FOR SERVICES: The Performing Agency will pay for services received by the Receiving Agency when notified by the Receiving Agency that all contracts and invoices are correct. Receiving Agency will reimburse the Performing Agency upon receipt of the interagency transfer voucher/invoice. All payments hereunder shall be from current revenues available to the paying party as required by Section 791.011(d)(3), Government Code. VI. TERMS OF CONTRACT: The Receiving Agency will participate in the Digital Equipment Corporation Contract administered by the Performing Agency from September 1, 1993 through August 31, 1996 with option to renew two more years, one year at a time. A copy of said Contract is attached hereto as Exhibit "A" and made a part hereof by reference. It is understood that should the Receiving Agency, before the end of the three (3) year term of this Contract, (1) terminate this agreement, or (2) delete any part of this Contract for reasons other than sale, discontinued use, upgrade to newer Digital Equipment technology, transfer of equipment or non -appropriation of funds, the Receiving Agency agrees to pay the Performing Agency an amount equal to the multi -year discount granted to the State for services provided up to the date of termination to reimburse Digital Equipment Corporation. This amount shall be payable immediately upon termination or deletion. The Performing Agency further certifies that it has authority to provide these services contracted for by authority granted in Section 1, Article 4413(32j), Section 21, H.B. 2736, 71st Legislative, regular session. The Receiving Agency has authority to receive these services pursuant to Section 271.083 of the Local Government Code as an approved program of the State Purchasing and General Services Commission. February 25, 1993 Page 193 The undersigned parties bind themselves to the faithful performance of this Contract. This Contract shall become valid on the beginning date of the Contract. RECEIVING AGENCY: PERFORMING AGENCY: CITY OF LUBBOCK DEPARTMENT OF INFORMATION RESOURCES BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR Date: February 25, 1993 ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Assistant City Manager/Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Assistant City Attorney BY: Title Date THE CITY OF LUBBOCK WILL PARTICIPATE IN THE DIGITAL EQUIPMENT CORPORATION CONTRACT ADMINISTERED BY THE DEPARTMENT OF INFORMATION RESOURCES THAT WILL START SEPTEMBER 1, 1993, AND RUN THROUGH AUGUST 31, 1996, WITH OPTION TO RENEW TWO MORE YEARS, ONE YEAR AT A TIME. CITY OF LUBBOCK AGREES TO REMIT PAYMENT TO THE DEPARTMENT OF INFORMATION RESOURCES NO LATER THAN 30 DAYS AFTER A CORRECT INVOICE HAS BEEN FURNISHED. WE UNDERSTAND THAT SHOULD THIS AGENCY, BEFORE THE END OF THE THREE (3) YEAR TERM OF THIS CONTRACT, (1) TERMINATE THIS AGREEMENT, OR (2) DELETE ANY PART OF THIS FOR REASONS OTHER THAN SALE, DISCONTINUED USE, UPGRADE TO NEWER DIGITAL EQUIPMENT TECHNOLOGY, TRANSFER OF EQUIPMENT OR NON -APPROPRIATION OF FUNDS, THE AGENCY AGREES TO PAY THE DEPARTMENT OF INFORMATION RESOURCES AN AMOUNT EQUAL TO THE MULTI -YEAR DISCOUNT (5%) GRANTED TO THE STATE FOR SERVICES PROVIDED UP TO THE DATE OF TERMINATION TO REIMBURSE DIGITAL EQUIPMENT CORPORATION. THIS AMOUNT SHALL BE PAYABLE IMMEDIATELY UPON TERMINATION OR DELETION. CITY OF LUBBOCK /s/ David R. Langston Authorized Signature DATE: February 25, 1993 This must be returned to the Department of Information Resources, Loretta Rouse no later than March 1, 1993. Robert Massengale, Assistant City Manager for Financial Services, presented staff comments. This contract establishes pricing for a period of three years beginning September 1, 1993. February 25, 1993 Page 194 The City of Lubbock has been authorized to purchase through State contracts and would like to participate in this maintenance contract. The City receives a 35% discount on the current DEC maintenance contract. By participating in the contract with the Department of Information Resources, the City will receive a 65% discount, 30% over the current contract. The City currently pays Digital Equipment Corporation $31,785 annually for hardware maintenance. By participating in the contract with the Department of Information Resources, the City will pay $19,556, a savings of $12,229 annually. Staff recommended approval of this contract. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution #4093 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-194-143 (40.) Consider Resolution #4095 approving the Bylaws of Lubbock DFAS Finance and Development Corporation. RESOLUTION #4095 The City Council must approve the Bylaws of the Lubbock DFAS Finance and Development Corporation. These Bylaws were discussed with the City Council in work session on February 11, 1993. While the Articles of Incorporation in reality form the birth certificate for this Corporation, the Bylaws of the Corporation govern its everyday operations. The City Council's attention was called to Page 9 of these Bylaws, Section 2, entitled "City Council Approval". Except as concerning the DFAS, all projects and all costs must be approved by the City Council in accordance with the procedures set forth on page 9 of these Bylaws. By approving the Bylaws, Council is approving the DFAS Center as a project and any costs incurred. This does not mean that Council approval will not be required prior to expenditure of these monies. It merely means that the projects themselves have been approved and do not need to comply with the procedures set forth in Section 2(e), page 9, Bylaws of the Corporation. Staff recommended approval. No action was taken at this time. This item was held until after appointments. The Council went into executive session at 4:05 p.m. February 25, 1993 Page 195 93-52A-195-144 (43.) appointments to: Lubbock DFAS Finance and Development Corporation Urban Design and Historical Preservation Commission Civic Centers Board Zoning Board of Adjustment Neighborhood Redevelopment/Urban Renewal Board The Council reconvened their regular session at 5:44 p.m. Councilmember Aderton absent for the remainder of the meeting. 93-52A-195-145 (44.) 93-52A-195-146 (39.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Ethel McLeod, David Seim, Maggie Trejo, Max Ince, and Alex Cooke as Directors of the Lubbock DFAS Finance and Development Corporation. Motion carried: 6 Yeas; 0 Nays. Consider Resolution #4094 approving the Articles of Incorporation of the Lubbock DFAS Finance and Development Corporation. RESOLUTION #4094 WHEREAS, Article 5190.6, Section 4A, V.A.T.S., requires the creation of a nonprofit corporation to administer the proceeds of sales tax designated for economic development; and WHEREAS, the aforementioned statute requires the City Council of the City of Lubbock to approve the Articles of Incorporation of such nonprofit corporation; and WHEREAS, the aforementioned statute further requires that the City of Lubbock authorize the corporation to act on its behalf to further the public purposes stated in the Articles of Incorporation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Articles of Incorporation of "Lubbock DFAS Finance and Development Corporation" attached hereto as Exhibit A are in all things approved by the City Council of the City of Lubbock and shall be the Articles of Incorporation submitted in triplicate originals to the Secretary of State of Texas for issuance of the appropriate certificate. SECTION 2. THAT the corporation above named, upon receipt of its Certificate of Incorporation, is specifically authorized to act on behalf of the City of Lubbock to further the public purposes as expressed in the attached Articles of Incorporation reference to which are hereby made as if fully set forth herein. February 25, 1993 Page 196 SECTION 3. THAT this Resolution is passed in triplicate originals. Passed by the City Council this 25th day of February, 1993. /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 ARTICLES OF INCORPORATION OF LUBBOCK DFAS FINANCE AND DEVELOPMENT CORPORATION WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is a qualified elector of the City of Lubbock, Texas (the "City"), acting as incorporators of a public instrumentality and nonprofit industrial development corporation (the "Corporation") under the Development Corporation Act of 1979, as amended, Article 5190.6, TEX.REV.CIV.STAT. ANN., as amended (the "Act"), with the approval of the City Council of the City, do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is "Lubbock DFAS Finance and Development Corporation." ARTICLE TWO The Corporation is a nonprofit industrial development corporation under the Act and is governed by Section 4A of the Act. ARTICLE THREE Subject to the provisions of subsection 4A(k) of the Act, the period of duration of the Corporation is perpetual. ARTICLE FOUR (a) The Corporation, to the fullest extent authorized by law, may undertake a project to develop for the United States Department of Defense, a Finance and Accounting Service Center, including by way of example and not by limitation, the following activities: (1) Arranging for land necessary for the building of said Finance and Accounting Service Center. (2) Arranging for the necessary engineering and architectural services required for the completion of said Finance and Accounting Service Center. February 25, 1993 Page 197 (3) Arranging for the construction of the Finance and Accounting Service Center together with all improvements deemed necessary or appropriate for the accommodation of such Service Center. (4) Arranging for the establishment of the necessary reserve funds to provide for the improvement, expansion, reconstruction and maintenance of the Finance and Accounting Service Center as may be necessary or appropriate for its operation. (5) Arranging for any and all other activities, take any necessary and appropriate action and execute any all necessary and appropriate legal instruments to accomplish the purposes associated with the creation in Lubbock, Texas by the Department of Defense of a Finance and Accounting Service Center. (b) In addition to the above, the Corporation shall have the following authority and general purposes: (1) The Corporation is organized exclusively for the purposes of benefitting and accomplishing public purposes of the City of Lubbock, Texas, by promoting, assisting and enhancing economic development, eliminating unemployment and under employment, to encourage employment and hence, contribute to the betterment and public welfare of, for and on behalf of the City. (2) In carrying out its corporate purposes, the Corporation shall have the power to provide financing to pay the costs of projects, as defined in the Act, including the power to issue bonds, notes and other forms of debt instruments, and to acquire, maintain and lease or sell property, and interests therein, all to be done and accomplished on behalf of the City and for its benefit and to accomplish its public purposes as its duly constituted and public instrumentality pursuant to the Act and under, and within the meaning of, the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States proscribed and promulgated under and pursuant to the Internal Revenue Code of 1986, as amended. For the purposes of Section 103 of the Internal Revenue Code of 1986, as amended, the Corporation shall be an instrumentality of the City. (3) In furtherance of its corporate purposes, and in addition to all the powers heretofore set forth, the Corporation shall have all of the powers granted to corporations that are incorporated under the Act and that are governed by Section 4A thereof, and, to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities and functions given by the general laws of Texas to nonprofit corporations under the Texas Non -Profit Corporation Act, as amended, Article 1396-101 et seg., TEX.REV.CIV. STAT.ANN., as amended. February 25, 1993 Page 198 (4) The Corporation is a corporation having the purposes and powers permitted by the Act pursuant to the authority granted in Article III, Section 52-a of the Texas Constitution, but the Corporation is not a political subdivision, does not have and shall not exercise any of the powers of sovereignty of the City, including the power to tax (except for the power to receive and use the sales tax and use taxes specified in Section 4A of the Act), the power of eminent domain, and the police power. However, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit and its actions are governmental functions. (5) In accordance with the provisions of Section 4A(j) of the Act, the Corporation, a director of the Corporation, the City, a member of the governing body of the City, an employee of the Corporation or City are not liable for damages arising from the performance of a governmental function of the Corporation or City. (6) No agreements, bonds, notes or other debt instruments or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the agreements, bonds, notes or other debt instruments or other obligations or the lending of credit, or a grant of public money or things of value, of, belonging to, or by the City or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. Any and all of such agreements, bonds, notes and other debt instruments and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation from the sources authorized by Section 4A of the Act and from such other sources as may be otherwise lawfully available and belonging to the Corporation from time to time. ARTICLE FIVE The Corporation has no members and is a non -stock corporation. ARTICLE SIX The Articles of Incorporation may be amended in either one of the methods prescribed in this Article: (a) Pursuant to the powers of the City contained in Section 17(b) of the Act, the City Council of the City, by resolution, may amend these Articles of Incorporation by filing amendments hereto with the Secretary of State as provided by the Act. (b) The Board of Directors of the Corporation may file a written application with the City Council of the City requesting approval of proposed amendments to these Articles of Incorporation, specifying in such application the proposed amendments. If the City Council, by appropriate resolution, finds and determines that it is advisable that the proposed amendments be made, the City Council may authorize the same to be made, and approve the form of the proposed amendments, the Board of Directors of the Corporation may proceed to amend these Articles of Incorporation in the manner provided by the Act. (c) The Board of Directors of the Corporation shall not have any power to amend these Articles of Incorporation except in accordance with the procedures established in this Article. February 25, 1993 Page 199 ARTICLE SEVEN The street address of the initial registered office of the Corporation is 1625 13th Street, Lubbock, Texas and the name of its registered agent at such address is Bob Cass. ARTICLE EIGHT The affairs of the Corporation shall be managed by a Board of Directors which shall be composed of five persons appointed by the governing body of the City. Except for the initial directors and their term of office as set forth herein, the terms of office of the directors shall be fixed by the bylaws of the Corporation. The names and street address of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors are as follows: NAMES ADDRESSES TERM EXPIRES 1. Ethel McLeod, CEO 1515 Ave. J 79401 March 3, 1994 Lubbock Radio P.O. Box 10127 Paging/Stenocall Lubbock, TX 79408 2. David Seim, Pres. 4811 50th St. 79414 March 3, 1995 Lubbock Nat'l Bank P.O. Box 6100 Lubbock, TX 79493-6100 3. Maggie Trejo, 1625 13th St. 79401 March 3, 1996 Mayor Pro Tem P.O. Box 2000 Lubbock, TX 79457 4. Max Ince, 7005 Salem Park Dr. March 3, 1995 Councilman 79424 P.O. Box 64850 Lubbock, TX 79464 5. Ty Cooke, 1801 Broadway 79401 March 3, 1996 Councilman P.O. Box 5832 Lubbock, TX 79417 Each director shall hold office for the term for which the director is appointed and until a successor shall have been appointed and qualified unless sooner removed by the will of the governing body of the City. Each director, including the initial directors, shall be eligible for reappointment. Directors serve at the pleasure of the governing body of the City and may be removed at will by said governing body. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the Board of Directors through death, resignation or otherwise shall be filled by appointment by the governing body of the City for the unexpired term of such director. The governing body of the City shall appoint directors who meet the following qualifications: (a) The candidate for appointment has served or is serving as the Chief Executive officer of a company; or (b) The candidate for appointment has served or is serving in a position of executive management of a company; or (c) The candidate for appointment is serving or has served the community in a professional capacity; or (d) The candidate for appointment shall have experience equivalent to any of the above qualifications. February 25, 1993 Page 200 In considering each candidate for appointment as a director the governing body shall consider and give thought to each candidate's experiences, background, accomplishments and educational background. ARTICLE NINE The names and street addresses of each incorporator are: NAMES Bob Cass J. Robert Massengale John C. Ross, Jr. ADDRESSES ARTICLE TEN 1625 13th Street Lubbock, TX 79401 1625 13th Street Lubbock, TX 79401 1625 13th Street Lubbock, TX 79401 (a) The initial bylaws of the Corporation shall be in the form and substance approved by the City Council of the City in its resolution approving these Articles of Incorporation. Such bylaws shall be adopted by the Corporation Board of Directors and shall, together with these Articles of Incorporation, govern the internal affairs of the Corporation until and unless amended in accordance with these Articles. (b) Neither the initial bylaws nor any subsequent effective bylaws of the Corporation may be amended without the consent and approval of the City Council of the City. The Board of Directors of the Corporation shall make application to the City Council for the approval of any proposed amendments, but the same shall not become effective until or unless the same shall be approved by resolution adopted by the City Council of the City. ARTICLE ELEVEN (a) The governing body of the City will approve all programs and expenditures of the Corporation and shall annually review any financial statements of the Corporation and the City shall, at all times, have access to the books and records of the Corporation. (b) The City Council of the City may, in its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corporation, when such action is not inconsistent with the terms of the Act, and it may terminate or dissolve the Corporation in accordance with the provisions of Section 4A(k) of the Act. ARTICLE TWELVE (a) No dividends shall ever be paid by the Corporation and no part of its net earnings remaining, after allocation of funds to projects, programs and activities approved by the governing body of the City and payment of its expenses and obligations, shall be distributed to or inure to the benefit of the directors or officers, or any individual, private firm or private corporation or association. (b) If the Corporation should ever be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of all debts, claims and obligations. February 25, 1993 Page 201 (c) No part of the Corporation's activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in, (including the publishing or distribution of statements or positions), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE THIRTEEN The City has specifically authorized the corporation by Resolution to act on its behalf to further the public purposes stated in said Resolution and in these Articles of Incorporation, and the City has by said Resolution approved these Articles of Incorporation. A copy of said Resolution shall be filed among the permanent public records of the City and the Corporation. /s/ Bob Cass /s/ J. Robert Massengale /s/ John C. Ross, Jr. INCORPORATORS THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a Notary Public, on this day personally appeared Bob Cass, J. Robert Massengale and John C. Ross, Jr. known to me to be the persons whose names are subscribed to the foregoing document and, being by me first duly sworn, severally declared that the statements therein contained are true and correct. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of March, /s/ Debbie Aguirre Notary Public in and for the State of Texas Debbie Aguirre Notary's Name printed or typed My Commission Expires 06/17/93 Following the January 16, 1993 Special Election, the voters of the City of Lubbock approved a one-half cent sales tax for the purpose of economic sdevelopment in accordance with Article 5190.6, Section 4A. By Resolution No. 4067, the City Council canvassed the votes at the above election and certified the adoption of the proposition for the adoption of the additional sales tax on the 21st day of January, 1993. Article 5190.6 requires that a nonprofit corporation be formed to receive the sales tax heretofore mentioned and to administer its proceeds. The Articles of Incorporation were discussed in City Council work session on February 11, 1993, and they contain the necessary statutory requirements to form this particular corporation. February 25, 1993 Page 202 Prior to the adoption of the Resolution approving these Articles of Incorporation, the City Council needs to address the following: 1. Determine the address of the registered office of the Corporation. 2. Determine the name of the registered agent for the Corporation. 3. Name five directors together with their addresses and their terms. (In accordance with the Bylaws, Article 2, two directors are appointed for two year terms, two directors are appointed for three year terms and one director is appointed for a one year term. The respective terms of the board shall be determined by drawing.) It is suggested that the Council nominate five individuals listing their addresses, place the names of these individuals in a hat and draw two names for a two year term, two names for a three year term and one name for a one year term. 4. In addition, the names and addresses of the three original incorporators must be included in these Articles of Incorporation. The Articles of Incorporation are passed in triplicate original and forwarded to the Secretary of State's Office for filing. Upon receipt, the Secretary of State reviews the Articles of Incorporation, and if approved, will then attach three Certificates of Incorporation to the face of the Articles of Incorporation. The Secretary of State's Office will keep one original set of the Articles of Incorporation and forward two sets back to the City of Lubbock. Upon receipt of the two sets of the Articles of Incorporation by the City of Lubbock, the City of Lubbock will file one with the City Secretary's Office and will forward one to the initial directors of the Corporation. Staff recommended adoption of the Resolution approving the Articles of Incorporation. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to authorize Resolution #4094, with inclusion of the DFAS Directors named in Item #44 above; appointing Bob Cass, John Ross, and Robert Massengale as incorporators; and designating City Hall as the address of the Corporation. Motion carried: 6 Yeas; 0 Nays. February 25, 1993 Page 203 93-52A-203-147 (40.) Consider Resolution #4095 approving the Bylaws of the Lubbock DFAS Finance and Development Corporation. RESOLUTION #4095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Bylaws of Lubbock DFAS Finance and Development Corporation, attached hereto as Exhibit A and made a part hereof for all purposes, were presented to the City Council of the City of Lubbock on the 25th day of February, 1993, and were approved by the City Council as the Bylaws of the above referenced corporation. Passed by the City Council this 25th day of February, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR I.111*15 /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations U gg'1117 I11F.1►Vfill 1111,NyF /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney BYLAWS OF LUBBOCK DFAS FINANCE AND DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS SECTION 1. Purpose. The Corporation is incorporated for the purpose of arranging for the creation and establishment of a Department of Defense Finance and Accounting Service Center to be located in Lubbock, Texas, and for the further purposes as set forth in Article IV of its Articles of Incorporation, the same to be accomplished on behalf of the City of Lubbock, Texas, (the "City") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, as amended, Article 5190.6, Tex.Rev.Civ.Stat.Ann., as amended, (the "Act") and other applicable laws. SECTION 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 4A of the Act, and shall have all of the powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. February 25, 1993 Page 204 ARTICLE II BOARD OF DIRECTORS SECTION 1. Powers. Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of five (5) directors, each of whom shall be appointed by the City Council (the "Council") of the City. (c) The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Two (2) members of the first Board shall serve terms of two (2) years, two (2) members of the first Board shall serve terms of three (3) years and one (1) member of the first Board shall serve a term of one (1) year. The respective term of the initial Board shall be determined by drawing. Thereafter, each successor member of the Board shall be appointed and shall serve a term of three (3) years or until his or her successor is appointed unless sooner removed by the governing body as provided in the Articles of Incorporation. (d) Any director may be removed from office by the Council at will. SECTION 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article VII of the Articles of Incorporation. SECTION 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice to the Board members at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the President, by the Secretary, by a majority of the directors, by the Mayor of the City, or by the City Council. (b) The Secretary shall give notice to each director of each Special Meeting in person or by mail, telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. This Section shall not be construed so as to be inconsistent with the Texas Open Meetings Law. February 25, 1993 Page 205 (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted at nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. SECTION 4. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Article 6252-17, TEX.REV.CIV.STAT.ANN., as amended. The Board shall determine and designate a place readily accessible to the general public at all times for the timely posting of its agenda or use the City Hall bulletin boards. SECTION 5. Ouorum. A majority of the directors shall constitute a quorum for the conduct of the official business of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. SECTION 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the President shall preside, and in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. SECTION 7. Committees of the Board. The Board may designate two or more directors to constitute an official committee of the Board to exercise such authority of the Board as may be specified in the Resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. SECTION 9. Attendance at Meetings. Due to the very important work of the Board, regular attendance of all regular and special meetings of the Board is required of all members. The Board shall therefore follow the following policy on attendance: (a) A Board member who has three (3) consecutive unexcused absences during any calendar year from either a regular or special meeting of the Board automatically forfeits his position as a member of the Board. February 25, 1993 Page 206 (b) A Board member who, for any reason, is absent from 50% of the regular or special meetings of the Board during any calendar year automatically forfeits his position as a member of the Board. (c) An absence may be excused by the Board for any of the following reasons: (1) Illness of the Board member. (2) Illness, death or hospitalization of a family member. (3) Jury duty. (4) Out of town travel related to business of the Board member. (d) An absence from a special meeting of the Board may be excused by the Board for any of the reasons set forth in Subsection (c) of this Section and in addition thereto a Board member may be excused from attendance at a special meeting where a previous commitment prevents his attendance at such special meeting. (e) All excused absences of a member of the Board shall be duly recorded in the minutes of the corporation. (f) The president of the corporation shall notify the City Council when a member of the Board has forfeited his position as a member of the Board as aforestated and shall request a replacement. SECTION 10. Vacancy. A vacancy occurring on the Board for any reason shall be filled by appointment made by the City Council. Any new member so appointed shall meet the qualifications for directors as set forth in Article Eight of the Articles of Incorporation. SECTION 11. Voting. Directors must be present to vote on any matter pending before the Board and the act of a simple majority of the directors present at any meeting for which a quorum is present shall be the act of the Board. In the event a quorum is not present, the president shall adjourn the meeting. ARTICLE III OFFICERS SECTION 1. Officers of the Corporation. The elected officers of the Corporation shall be a President, Vice President, Secretary, and Treasurer. The Board may resolve to elect one (1) or more Assistant Secretaries or one (1) or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his or her respective Assistant. Any two (2) or more offices may beheld by the same person, except the office of President. SECTION 2. Selection of Officers. The initial President and Vice President shall be elected by the Board and shall serve a term of one (1) year. On the expiration of the term of office of the original President and Vice President, the Board shall select from among its members individuals to hold such office. The term of office of the President and Vice President shall always be for a period of one (1) year; provided, however, that the President and Vice President continue to serve until the election of their successors. The Secretary and Treasurer shall be selected by the members of the Board and shall hold office for a period of one (1) year; provided, however, that they shall continue to serve until the election of their successors. Elections shall be held at the annual meeting of the Board. February 25, 1993 Page 207 SECTION 3. Vacancies. Vacancies in any office which occur by reason of death, resignation, disqualification, removal, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term of that office, in the same manner as other officers are elected to the Board. SECTION 4. President. The President shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall have the right to vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when in his judgment such meeting is required. In addition to the abovementioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board of Directors. SECTION 5. Vice President. In the absence of the President, or in the event of his or her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have all power of and be subject to all the same restrictions as are placed upon the President. The Vice President shall also perform other duties as from time to time may be assigned to him or her by the President. SECTION 6. Secretary. The Secretary shall keep, or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City and the same to be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the Corporation, and shall keep a register of the mailing address and street address, if different, of each director. The Secretary shall perform any other duties required of such office as set forth in these Bylaws or as may be directed by the Board. SECTION 7. Treasurer. The Treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws. When necessary or proper, the Treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the Board consistent with these Bylaws. The Treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The Treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his duties in such form and amount as the Board or the Council may require. SECTION 8. Selection of Officers. The officers of the Corporation shall be elected from the members of the Board. SECTION 9. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for the actual expenses incurred in the performance of their duties hereunder. February 25, 1993 Page 208 SECTION 10. Bonds. The President, Vice President, and Treasurer of the Board shall each give an official bond in the sum of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00). The bonds referred to in this Section shall be considered for the faithful accounting of all monies and things of value coming into the hands of such officers. The bonds shall be procured from some regularly accredited surety company authorized to do business in the State. The premiums therefor shall be paid by the Corporation. A copy of each officer's bond shall be filed with the City Secretary. ARTICLE IV STAFF SUPPORT SECTION 1. Director. The Corporation may employ a Director of Economic Development. The Director of Economic Development, if so employed, shall serve as Chief Administrative Officer of the Corporation and shall oversee the administrative functions of the Corporation. The Director shall report to the Board and keep the Board fully informed as to his duties. In addition, the Director shall develop policies and procedures for the Corporation including financial, accounting, and purchasing policies and procedures, which policies and procedures aforementioned shall become effective only after approval by the Board of Directors and acceptance by the City Council of the City. SECTION 2. Other Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation, provided however, that such positions have been approved by the City Council in the annual operating budget of the Corporation. These employees shall perform those duties as are assigned to them by the Director of Economic Development. The Director of Economic Development shall hire, direct, and control the work of all Corporation employees. SECTION 3. Benefits. To the extent that the Board hires a Director of Economic Development or other employees, the Board may establish a fringe benefit package for such employees to include, by way of examples and not by way of limitations, health, dental and life insurance and worker's compensation insurance. Such benefits shall be included in the annual operating budget approved by the City Council. SECTION 4. City Services. The creation of this Corporation is for the purpose of promoting economic development of the City and in accordance with Section 380.001 of the Texas Local Government Code. The Corporation may utilize employees of the City of Lubbock to discharge the duties set forth in Section 1 and/or 2 of this Article. In the event the Corporation determines to avail itself of these services, it shall direct its request for such services to the City Manager of the City. The City Manager upon receipt of such request shall undertake the following: (a) Determine whether existing personnel are capable of performing the services requested. (b) Determine if additional personnel would be required to perform the services requested. (c) Determine all costs associated with providing existing or new personnel to provide requested services including a reasonable cost to cover overhead of the City. (d) Advise the Board of all cost factors involved to comply with the Board's request for services. The Board shall upon receipt of the above information determine if it shall utilize the services of City personnel and if so, shall contract with the City to provide those services. The Contract shall set forth the specific services to be provided and the consideration to be paid by the Board to the City for such services. February 25, 1993 Page 209 SECTION 5. Administrative Costs. In no administrative costs of discharging the duties hereinafter set forth, exceed ten percent (10%) received by the Corporation unless specifically Council of the City. event shall the of the Corporation, of the total revenues approved by the City SECTION 6. Definition. Administrative costs for the purposes of this Article shall include all costs of the Corporation incurred in implementing and monitoring its programs including personnel cost, rents, office expenses, supplies, telephone, travel, accounting and similar expenses necessary for the Corporation to carry out its duties on a daily basis, but such term shall not include costs of any nature necessary to undertake, implement or conclude a project as that term is defined in Section 2(10) of Article 5190.6, V.A.T.S. ARTICLE V CONTRACTS FOR SERVICES SECTION 1. Authorization. The Corporation may contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks of work which will aid or assist the Board in the discharge and performance of its duties. However, no such contract shall ever be entered into which seeks or attempts to divest the Board of Directors of its discretion and policy making functions. SECTION 2. Approval by City. Approval of the City Council of the City shall be required on any contract entered into by the Board pursuant to SECTION 1 of this Article before such Contract shall be binding. ARTICLE VI DUTIES OF THE BOARD SECTION 1. General Duties. The Board may solicit, encourage, undertake, implement and conclude "Projects" as that term is defined in Section 2(10) of Article 5190.6, V.A.T.S. and may incur "Cost" as that term is defined in Section 2(4) of Article 5190.6, V.A.T.S. necessary to discharge the above named general duties of the Board subject, however,, to the provisions of Section 2 of this Article. SECTION 2. City Council Approval. (a) The Board may undertake a "Project" as that term is defined in Section 2(10) of Article 5190.6, V.A.T.S. for the creation of a Department of Defense Finance and Accounting Service Center and may incur "Costs" as that term is defined in Section 2(4) of Article 5190.6, V.A.T.S. to discharge and complete the above project. (b) Except as provided in subparagraph (a) above, the Board shall not undertake any other "Project" as that term is defined in Section 2(10) of Article 5190.6, V.A.T.S or incur "Costs" as that term is defined in Section 2(4) of Article 5190.6, V.A.T.S. without first undertaking the following procedures: (1) The Board shall notify the City Manager that the Board has a project (including associated costs) which the Board has, by majority vote, elected to undertake. (2) Upon receipt of notice from the Board, the City Manager shall place the matter on the City Council agenda for a public hearing and shall give notice of such hearing by publishing a notice in a newspaper of general circulation in Lubbock not less than ten (10) days prior to the date of such public hearing. February 25, 1993 Page 210 (3) At such public hearing, the City Council may receive evidence and testimony on the project from all interested parties, including, but not limited to, the Board, City staff and citizens. (4) Final action on such projects shall be deferred until a later City Council meeting, at which time approval or disapproval shall be given by the City Council. Approval shall require a two-thirds majority of the City Council. SECTION 3. Promotional Expenditures. The Board may spend no more than ten percent (10%) of corporate revenues for promotional purposes. SECTION 4. Budget Duties. (a) The Board shall prepare and submit to the City Council for approval an operating budget prior to the commencement of each fiscal year of the Corporation. In submitting the operating budget to the City Council, the Board shall submit the operating budget on forms prescribed by the City Manager and in accordance with the annual budget preparation schedule as set forth by the City Manager. The operating budget shall be submitted to the City Manager for inclusion of same in the annual budget presentation made by the City Manager to the City Council. The operating budget shall list expected revenues and proposed expenditures of the Corporation for the next fiscal year of the Corporation and such other budgeting information as may be required. The operating budget so submitted shall be approved or modified by the City Council, and when so approved or modified shall represent approval of the expenditures and programs contained therein. (b) In the event that the Corporation is created and begins its activities during the current fiscal year of the City, the Board shall file a start up operating budget, which operating budget shall reflect the expected revenues and expenses of the Corporation, for the remaining part of the fiscal year. The start up operating budget shall be forwarded to the City Manager and presented to the City Council for approval or modification by the City Council. The start up operating budget once approved or modified by the City Council shall represent approval by the City Council of the expenditures and programs contained therein. (d) The fiscal year of the Corporation shall be the same fiscal year followed by the City. SECTION 5. Financial Administration. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts and financial statements pertaining to its corporate funds, activities, and affairs. (b) In accordance with the provisions of Article IV, Section 4 of these Bylaws, the Corporation may contract with the City for the requirements set forth in subparagraph (a) of this Section. (c) The Corporation shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside independent certified public accounting firm selected by the Board. Such audit shall be at the expense of the Corporation and copies of such audit shall be delivered to the City Council and City Manager for review. (d) All checks, drafts, or orders for payment of money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed or bear the facsimile of the President and Treasurer of the Corporation. (e) All funds received by the Corporation shall be deposited on a regular basis to the credit of the Corporation in a local bank which shall be federally insured and which shall be selected by the Board. February 25, 1993 Page 211 (f) The Corporation may accept on behalf of the Corporation any contribution, gift, bequest or device for use of the Corporation in discharging its duties. (g) Temporary and idle funds of the Corporation which are not needed for immediate obligations of the Corporation may be invested in the same manner as the funds of the City might be invested. (h) No issue of bonds, including refunding bonds, shall be delivered by the Corporation without a resolution of the City Council adopted no more than sixty (60) days prior to the date of delivery of the bonds specifically approving the resolution of the Corporation providing for the issuance of the bonds. (i) The Board shall, prior to the issuance of any bonds by the Corporation, select a qualified Financial Advisor and Bond Council, which selection shall be submitted to the City Council for approval. (j) The City at all times during the existence of the Corporation shall have access to the documents and records required in subparagraph (a) of this Section. SECTION 6. Reporting Duties. The Board shall make the following reports to the City Council of the City concerning the work of the Corporation: (a) The Board shall file quarterly written reports with the City Council and the City Manager. The first such quarterly report shall be filed ninety (90) days after the first meeting of the Board and a similar written report shall be filed as abovementioned every ninety (90) days thereafter. These written reports shall keep the City apprised of the work of the Board in discharging its assigned duties and set forth a quarterly accounting of all funds received and expenditures made by the Board. (b) The Board shall prepare and file with the City Council and City Manager in writing any report specifically requested by the City Council. (c) Once each fiscal year, the President of the Corporation together with such other officers of the Corporation as the Board may direct, shall make an oral presentation to the City Council to report to and update the City Council on the work of the Board and the accomplishments of the Corporation. This oral presentation shall include the following: (1) A review of the audit of the books and records of the Corporation as heretofore required to be made by the Corporation on a yearly basis. (2) A review of the "Projects" completed by the Corporation and the economic results generated from such projects. (3) A review of all expenditures made by the Board during its current fiscal year in discharging the Board's duties. (4) A general review of the work and activities of the Corporation during its current fiscal year. (5) A report on any other matters concerning the work of the Corporation or the Board as may be requested by the City Council. The first oral presentation and report to be made under this subparagraph shall be made by the Board not later than sixty (60) days following the close of its current fiscal year. February 25, 1993 Page 212 Oral presentations as used in this subparagraph shall not be taken to mean that the Board shall be prohibited from submitting charts, reports, written comments or any other manner of supporting information to the City Council which will aid the Board and assist the City Council in its annual review of the work of the Board and the Corporation. (d) The Board shall attend the meeting of the City Council at which its annual fiscal budget is to be considered and shall respond to all inquiries concerning said budget as might be made by the City Council. ARTICLE VII BOARD'S RELATIONSHIP WITH CITY COUNCIL SECTION 1. Management by Board. The affairs of the Corporation shall be managed by the Board of Directors. The Board shall be responsible for oversight of the daily operations of the Corporation, accomplishing the public purpose for which the Corporation is organized (Article Four, Articles of Incorporation), and discharging all the duties required of the Corporation whether set forth in these Bylaws, the Articles of Incorporation, or the State law applicable to the affairs of the Corporation. SECTION 2. Reserved Powers. Notwithstanding the Board's control over the affairs of the Corporation as set forth in Section 1 above, it is to be recognized by the Board that Article 5190.6, V.A.T.S. which provides for the creation of this Corporation and the appointment of its Board of Directors, sets forth and specifies certain controls over the Corporation by the governing body of the City creating the Corporation. To avoid confusion and to provide for the orderly operation of the Corporation by the Board, the controls reserved to the City Council are as follows: (a) All Bylaws of the Corporation or amendments thereto must be approved by the City Council. (Art. 5190.6, §13 and §23(a)9, V.A.T.S.). (b) The Articles of Incorporation may be amended by the Board but only after approval of such amendment has been obtained, by the Board from the City Council. (Art. 5190.6, §17(a), V.A.T.S.). (c) The Articles of Incorporation may be amended at any time by the City Council at its sole discretion. (Art. 5190.6, Sec. 17(b), V.A.T.S.). (d) The City Council will approve all programs and expenditures of the Corporation (Art. 5190.6, Sec. 21, V.A.T.S.). NOTE: Expenses contained in the operating budget of the Corporation, are approved by the City Council upon approval of the operating budget of the Corporation by the City Council. (e) The financial statements of the Corporation will be reviewed on an annual basis by the City Council. (Art. 5190.6, Sec. 21, V.A.T.S.). (f) The City Council will have access to the books and records of the Corporation. (Art. 5190.6, Sec. 21, V.A.T.S.). (g) No issue of Bonds shall be delivered by the Corporation without prior approval of the City Council. (Art. 5190.6, Sec. 25(f), V.A.T.S.). (h) The City Council at its sole discretion may at any time alter the programs or activities of the Corporation. (Art. 5190.6, Sec. 34, V.A.T.S.). February 25, 1993 Page 213 (i) The City Council has oversight control of all powers to be exercised by the Corporation. (Art. 5190.6, Sec. 23(a)(11), V.A.T.S.). SECTION 3. Board Cooperation. The Board shall determine its programs, projects, tasks of work, activities and financial arrangements within the limitations of the duties herein imposed by these Bylaws, the Articles of Incorporation and the provisions of Art. 5190.6, V.A.T.S. and the Board shall cooperate fully with the City Council to this end. ARTICLE VIII INDEMNIFICATION OF DIRECTORS, OFFICERS AND EMPLOYEES SECTION 1. Governmental Functions. As provided in the Act and in the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. SECTION 2. Indemnification. The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. SECTION 3. Insurance. To allow the Corporation to meet its commitments assumed under Section 2 of this Article, the Board may by resolution, duly adopted by the Board and approved by the City Council, elect to be covered by the City self insurance fund and to pay into such fund reasonable costs for such coverage. ARTICLE IX EXPENDITURES OF CORPORATE MONEY SECTION 1. General Authority. The monies of the Corporation, including sales and use tax collected pursuant to Section 4A of the Act, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds from investment of funds of the Corporation, the proceeds from the sale of property and the proceeds derived from the sale of obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (a) Expenditures from the proceeds of obligations shall be identified and described in the orders, resolutions, indentures or other agreements submitted to and approved by the City Council prior to the sale and delivery of the obligations to the purchasers thereof as required by Article VI, Section 5(h) of these Bylaws. (b) Except as set forth in Article VI, Section 2(a) of these Bylaws, no "cost" shall be incurred on a project until approval has been secured as set forth in Article VI of these Bylaws. (c) All other proposed expenditures shall be made in accordance with the limitations contained in the approved annual operating budget of the Corporation or any amendments approved thereto. SECTION 2. Financial Advisor. The Board shall use the services of their Financial Advisor to assist the Board in complying with the requirements of Section la of this Article. ARTICLE X February 25, 1993 Page 214 AMENDMENTS TO BYLAWS SECTION 1. Amendments. These bylaws may be amended or repealed and new bylaws may be adopted by the Board only in the following manner: (a) No amendment, repeal or adoption of new bylaws shall be considered by the Board except at a special meeting called for such purpose and for which notice has been given to each Board member, as required by these bylaws, which notice shall specifically state that action on the bylaws is the purpose for such special meeting. (b) At the special meeting called to amend, repeal or adopt new bylaws, all members of the Board must be present in person before such action may be considered by the Board. (c) The proposed amendment, repeal or the new bylaws to be adopted shall be delivered to each member of the Board five (5) days in advance of the special meeting called to consider such action. (d) The affirmative vote of three (3) members of the Board on any amendment, repeal or adoption of new bylaws is required before such action by the Board may be submitted to the City Council for approval. SECTION 2. City Council Approval. No action by the Board under Section 1 of this article shall ever become effective unless the City Council approves such action. ARTICLE XI DISSOLUTION The corporation may only be dissolved in accordance with the provisions of Section 4A(k) of Article 5190.6, V.A.T.S., as amended. ARTICLE XII MISCELLANEOUS PROVISIONS SECTION 1. Principal Office. The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation or as determined by the Board upon resolution duly passed by the Board and filed in the records of the Corporation. The principal and registered office must however be within the City limits of the City. SECTION 2. A ent. The Board may designate a registered agent other than its initial registered agent set forth in the Articles of Incorporation provided that said registered agent is an individual resident of the State. The Board shall notify the Secretary of State of any such substitute registered agent. SECTION 3. Seal. The seal of the Corporation shall be as determined by the Board. SECTION 4. Resignations. An officer of the Corporation may resign his office at any time by notifying the Board in writing of such action. A Director of the Corporation may resign his office at any time by notifying the City Council in writing of such action. The acceptance of a resignation shall not be necessary to make it effective. SECTION 5. Open Records. The Corporation is required by law to comply with the Texas Open Records Act. SECTION 6. Joint Meetings. The Board and the City Council may find it to be in the best interest of the Corporation and the City to hold joint meetings for the purpose of entering into discussions of the overall economic development activities and direction of programs February 25, 1993 Page 215 carried on by the Board on behalf of the City. Such meeting may be arranged by the Mayor contacting the President of the Corporation or the President of the Corporation contacting the Mayor for such purposes. Both the Board and the City Council will post separate agenda settings for the date, time, place and agenda of any such meetings in compliance with the Texas Open Meetings law. SECTION 7. Conflicts of Interest. The Board shall comply with the provisions of Section 171.0001 through Section 171.009 of the Texas Local Government Code, as amended, which Sections regulate conflicts of interest. SECTION 8. Public Hearings. In discharging its duties, the Board may find that Article 5190.6, Section 2(10) requires the City Council of the City to hold designated public hearings. In such cases the Board shall cooperate with the City Manager or his designee in arranging such required public hearing. SECTION 9. Construction. These Bylaws shall be construed, consistent with the Articles of Incorporation and Article 5190.6, V.A.T.S. and in the event of any inconsistency, the Articles of Incorporation shall always control over the Bylaws and the provisions of Article 5190.6, V.A.T.S., as amended, shall control over the Bylaws and Articles of Incorporation. These Bylaws shall be construed in accordance with the laws of the State of Texas. SECTION 10. Electronic Recording of Meetings. The Board will provide for the electronic recording of all the meetings of the Board and for the proper storage of all such recordings. SECTION 11. Definitions. For the purpose of these Bylaws the following words shall be given the following meaning: (a) Cost: This term is defined in Section 2(4) of Article 5190.6, V.A.T.S., as amended, and shall be understood and interpreted as defined in said statute. (b) Programs: This term shall be understood to mean the broad areas of work undertaken or to be undertaken by the Board. (c) Projects: This term is defined in Section 2(10) of Article, 5190.6, V.A.T.S., as amended, and shall be understood and interpreted as defined in said statute. (d) Work or Activities of the Board: This shall mean all of the tasks engaged in by the Board or for which the Board has oversight responsibility which are undertaken to solicit, encourage, undertake, implement and conclude a "Project" which "Project" is within one or more of the programs to be accomplished by the Board. ARTICLE XIII EFFECTIVE DATE These Bylaws shall become effective upon the occurrence of the following events: (a) The approval of the Bylaws by the City Council. (b) The adoption of these Bylaws by the Board. CERTIFICATION BY CORPORATION SECRETARY I certify that I am the duly elected and acting Secretary of the "LUBBOCK DFAS FINANCE AND DEVELOPMENT CORPORATION" and that the foregoing Bylaws constitute the Bylaws of the Corporation. These Bylaws February 25, 1993 Page 216 were duly adopted at a meeting of the Board of Directors held on the 25th day of February, 1993. DATED February 25, 1993. Secretary of the Corporation CERTIFICATION BY CITY SECRETARY I certify that I am the duly appointed City Secretary of the City of Lubbock and that the foregoing Bylaws were presented to and approved by the City Council of the City of Lubbock by Resolution No. 4095 passed on the 25th day of February, 1993 at a regular meeting of the City Council. DATED February 25, 1993. [s/ Sally Still Abbe City Secretary of the City of Lubbock Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4095. Motion carried: 6 Yeas; 0 Nays. 93-52A-216-148 (45.) Consider one appointment to the Urban Design and Historical Preservation Commission to replace Robert Campbell, who has resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Grant Hall to fill the unexpired term of Robert Campbell on the Urban Design and Historical Preservation Commission. Motion carried: 6 Yeas; 0 Nays. 93-52A-216-149 (46.) Consider one appointment to the Civic Centers Board to replace Sammy Ribble, who has resigned. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to appoint Burl Masters to fill the unexpired term of Sammy Ribble on the Civic Centers Board. Motion carried: 6 Yeas; 0 Nays. February 25, 1993 Page 217 93-52A-217-150 (47.) 93-52A-217-151 (48.) 93-52A-217-152 (28.) Consider four appointments to the Zoning Board of Adjustment. The terms of Jim Mertes, Bertell Jackson, and Betty Lowder will expire on February 26, 1993. Ron McLaurin has resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to move Ruben Reyes from alternate to full membership and replacing Jim Mertes, to reappoint Betty Lowder and Bertell Jackson, and to hold appointments to the two vacant alternate positions until March 11, 1993 on the Zoning Board of Adjustment. Motion carried: 6 Yeas; 0 Nays. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tem Trejo to hold appointments to the Neighborhood Redevelopment/Urban Renewal Board. Motion carried: 6 Yeas; 0 Nays. Hold a public hearing for the 1992-93 Community Development Block Grant Program. Mayor Langston opened the public hearing at 5:53 p.m. Paul Nash, Chairman of the Community Development Advisory Committee, presented recommendations. As part of the City of Lubbock's Community Development Block Grant program, the Community Development Advisory Committee solicits citizen input into developing the Annual Statement of Objectives. The Community Development Advisory Committee held three public meetings in January to provide citizens the opportunity to suggest programs or comment on existing or proposed programs. These meetings were held at Mae Simmons Senior Citizens Center (January 5), Rodgers Community Center (January 7) and Central Senior Citizens Center (January 11) and over 150 residents attended the meetings. On January 11 CDAC members toured several CDBG projects either under way in the current year or proposed for the pending year. The projects viewed were: MHMR facilities at 1210 Texas Avenue Rehabilitated single-family home at 211 E. 35th Chatman Hospital and Chatman Hill Neighborhood Chapel Hill area roads (Erskine & Mulberry) Guadalupe Neighborhood & Atzlan Park Newly constructed house at 1012 3rd Street House not suitable for rehab at 2524 1st Arnett Benson Neighborhood & Sidewalk project Rehabilitation in progress at 2904 Colgate February 25, 1993 Page 218 Two work sessions were then held by CDAC members to determine project proposals for the 1993-94 fiscal year. The City staff presented specific project requests and led discussion on the requests. During the course of these meetings CDAC members reviewed all project requests, set project priorities and established project appropriations. The committee was able to fund either partially or entirely all proposals ranked as a high priority for the 1993-94 Fiscal Year. Following is a list of the project proposals recommended for funding: Project Neighborhoods $ 188,434 Residential Rehabilitation 750,000 HOME Ownership Assistance 50,000 Barrier Free Living 35,000 Project Helping Hands 250,000 Sidewalk Construction 60,000 Paint -Up Program 40,000 Land Disposition 10,000 HOPE III Program/Property Mgt. 5,000 Field Services 307,000 Administration 208,000 Indirect Costs 140,000 Graffiti Removal Program 17,800 Street Pavings 250,000 Neighborhood Support -Planning 33,000 B-POP/R-POP 33,500 Summer Recreation Satellite Prg. 57,400 1993 Youth Opportunities Unlimited 5,500 Guadalupe Park Playground 35,000 Maedgen Park Playground 35,000 Booker T. Washington Playground 35,000 George Woods Center Security Lighting 30,000 Clayton Carter Playground 35,000 J.A. Chatman Park Playground 35,000 Willie Lusk Park Playground 35,000 Butler Park Playground 35,000 Chatman Restoration 250,000 Green Fair Fire Hydrants 15,000 Youth Outreach Opportunities 63,000 MHMR Facility Acquisition 150,000 Youth Lock -In Program 4,000 Contingency Fund 67,366 Total Allocation $3,265,000 The total Community Development Block Grant of $3,265,000 is a 22% increase from the previous year's allocation of $2,555,000. Based on the Community Development Advisory Committee's approval of the above list, staff recommended approval of the project proposals for submission into the 1993-94 Annual CDBG Statement of Objectives. The City of Lubbock's Community Development program is administered in accordance with the Housing and Community Development Act of 1974 as amended and with 24 CFR 570.303 of the Community Development Block Grant Regulations. The Statement of Objectives has been prepared as stipulated in those regulations. A preliminary Statement of Objectives was published in the Avalanche Journal on February 14 and the Statement of Objectives has been on file with the City Secretary for review by all interested parties. February 25, 1993 Page 219 Following submission of the Statement of Objectives the Community Development staff will begin preparation of the Environmental Assessments and other planning activities so that the Community Development Fiscal Year will be able to start on June 1, 1993. James Miller, who resides at 2010 Urbana Place, addressed the Council in opposition of strip paving because of the drainage problems Sandy Ogletree responded that the paving is consistent with recommendations. Harvey Morton, representing the Lubbock Regional Mental Health and Mental Retardation Center, requested $150,000 for acquiring a replacement building for the facility at 1210 Texas Avenue. It does not meet ADA requirements and it would be cost prohibitive to attempt to modify the facility to comply with ADA requirements. MHMR can acquire the IBM building at a cost of $525,000. This center is the only center in the state of Texas that does not have an ad valorem tax base. The center served 5,040 people in fiscal year 1992, 96 percent of whom are medically indigent. Mr. Morton indicated that American State Bank will carry the note on the building, with a $150,000 down payment. The Board members have agreed to raise $20,000 from their own resources. They have asked the County of Lubbock to become a partner in the project with a contribution of $100,000. They will also apply for grant funding and seek assistance from other counties. Max Winn addressed the Council to protest the administrative costs. Sandy Ogletree responded that the City of Lubbock's administrative cost is at about 11 percent; it is eligible to go as high as 20 percent under federal requirements. She further indicated that the program funding had increased over 200 percent, but the administrative costs have remained the same. At Mayor Langston's request, Mrs. Ogletree reviewed the program's administrative costs by line item. Pete Garza, representing the Hispanic Agenda Task Force, recommended that the fund allocation be based on input from the community, that the Community Development Advisory Committee reflect the target neighborhoods, that an annual evaluation of previously funded programs be completed by the CDAC before the program is recommended for funding, that CDBG funds be made available for economic development, and that outreach be provided for CDBG programs, especially housing. Harold Chatman updated the Council on funding raised for the Chatman Hospital renovations in the amount of $165,600. Funds raised are $59,400 short of the $225,000 needed. Carlos Quinino, a resident of the Guadalupe area, recommended to the Council that a park be built at Guadalupe Park for neighborhood children. Margarita Castro asked why the Skyview addition has been neglected. Ray Coulembe, employee of MHMR, spoke in favor of the Youth Outreach Programs. February 25, 1993 Page 220 Greg Flores, a resident of the Guadalupe community, asked that CDBG money be allocated for Atzlan Park, Canyon Lake #3, and a memorial for individuals who lost their lives in the 1970 tornado. Cecil Puryear distributed a newspaper article from a Dallas newspaper and indicated that the CDBG program should be used for housing programs rather than for building parks and funding Chatman Hospital project. Ramon Gallegos complimented Mayor Langston and Mayor Pro Tem Trejo on their efforts to get citizens to meetings and expressed the need for the city to continue to provide parks, schools and houses for the citizens or we will be in trouble. Yolanda Larez indicated that there is a need for parks and for a larger facility at Rogers Community Center. Dolores Brown, representing the Hispanic Employees of Southwestern Bell, spoke in support of funding improvements to Atzlan Park and suggested that the city needs a comprehensive plan for youth projects. Wanda Bounds, a resident of the Lemmon subdivision for 42 years, expressed her concern about the condition of the streets in that area. She recommended that a 35 mile per hour speed limit sign be installed on Erskine Street. Tony Aguilar, a resident of the Guadalupe neighborhood, expressed concern that money for parks is not necessarily being spent on the parks that have the most use. Further, he is concerned that their neighborhood representative does not attend the meetings. LaLa Cavazos, a member of the Hispanic Agenda Task Force, commented on the need for increased participation of minority contractors in city projects. Ysabel Luna spoke regarding the benefits of the Guadalupe Economic Services and North Lubbock Boxing Club to the youth of the community. Rudy Cavazos, a 15-year old resident of the Guadalupe neighborhood, spoke concerning the dangerous condition of the Canyon area and suggested that there is a need for a community center and recreation facilities in the area. Sandra Castro, a young resident of the Guadalupe neighborhood, emphasized the dangerous conditions of the Canyon area. Mikel Ward expressed the need for efficient administration of the program and suggested that a handbook be developed to help communicate to the community the administrative procedures of the program. Robert Narvaiz, representing the American GI Forum and the Board of Directors of the North Lubbock Boxing Club, requested that a building be donated to the North Lubbock Boxing Club to keep the facility open. February 25, 1993 Page 219 Following submission of the Statement of Objectives the Community Development staff will begin preparation of the Environmental Assessments and other planning activities so that the Community Development Fiscal Year will be able to start on June 1, 1993. James Miller, who resides at 2010 Urbana Place, addressed the Council in opposition of strip paving because of the drainage problems Sandy Ogletree responded that the paving is consistent with recommendations. Harvey Morton, representing the Lubbock Regional Mental Health and Mental Retardation Center, requested $150,000 for acquiring a replacement building for the facility at 1210 Texas Avenue. It does not meet ADA requirements and it would be cost prohibitive to attempt to modify the facility to comply with ADA requirements. MHMR can acquire the IBM building at a cost of $525,000. This center is the only center in the state of Texas that does not have an ad valorem tax base. The center served 5,040 people in fiscal year 1992, 96 percent of whom are medically indigent. Mr. Morton indicated that American State Bank will carry the note on the building, with a $150,000 down payment. The Board members have agreed to raise $20,000 from their own resources. They have asked the County of Lubbock to become a partner in the project with a contribution of $100,000. They will also apply for grant funding and seek assistance from other counties. Max Winn addressed the Council to protest the administrative costs. Sandy Ogletree responded that the City of Lubbock's administrative cost is at about 11 percent; it is eligible to go as high as 20 percent under federal requirements. She further indicated that the program funding had increased over 200 percent, but the administrative costs have remained the same. At Mayor Langston's request, Mrs. Ogletree reviewed the program's administrative costs by line item. Pete Garza, representing the Hispanic Agenda Task Force, recommended that the fund allocation be based on input from the community, that the Community Development Advisory Committee reflect the target neighborhoods, that an annual evaluation of previously funded programs be completed by the CDAC before the program is recommended for funding, that CDBG funds be made available for economic development, and that outreach be provided for CDBG programs, especially housing. Harold Chatman updated the Council on funding raised for the Chatman Hospital renovations in the amount of $165,600. Funds raised are $59,400 short of the $225,000 needed. Carlos Quinino, a resident of the Guadalupe area, recommended to the Council that a park be built at Guadalupe Park for neighborhood children. Margarita Castro asked why the Skyview addition has been neglected. Ray Coulembe, employee of MHMR, spoke in favor of the Youth Outreach Programs. February 25, 1993 Page 221 Clarita Ybarra, who resides at 310 N. Avenue S, requested that a park be placed in her neighborhood and that codes be enforced relative to weeds, flea markets, and apartments. Linda DeLeon, told the Council that the community should be proud of the high attendance at the hearing. She mentioned the past history of failures of bond issues and asked for improved maintenance of Atzlan Park even if the bond issue to be voted on in May 1993 doesn't pass. Denise Gonzalez, a youth of the Guadalupe neighborhood, spoke in favor of fixing parks in the area and opening a community center. Julia Carillo spoke in favor of a boxing club and asked the Council to reconsider the request. Oscar Jones, program director of the drug abuse services unit of MHMR, addressed the Council regarding MHMR's application for continuation of funding for substance abuse prevention program. Mayor Langston closed the public hearing at 9:33 p.m. 93-52A-221-153 (29.) Consider a resolution authorizing the Mayor to execute and submit the 1993-94 Community Development Statement of Objectives and all related documents. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Cooke to hold action on this item until the March 11, 1993 Regular Meeting. Motion carried: 7 Yeas; 0 Nays. There being no further business to rried: %6Y uncil, motion was made by Councilmember Patterson, secondeTem Trejo to adjourn the meeting at 9:36 p.m. Motion caO,Piay'� �— ATTEST: BettyUM' Joh on City Secretary Read and approved this the llth day ATTEST: etty M. John on City Secretary