The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 3/11/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 11, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of March, 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 Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Absent: Councilmember Randy Neugebauer. Mayor Langston called the meeting to order at 10:06 A.M. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Civic Centers Board appointee Burl Masters received a certificate from the Mayor. 93-52A-223-154 ( 4.) Lubbock DFAS Finance and Development Corporation appointee David Seim and Urban Design and Historical Preservation Commission appointee Grant Hall received certificates from the Mayor. It was the consensus of Council to remove Item #14 from the consent agenda. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to approve the minutes of the March 11, 1993 Regular City Council meeting as written. Motion carried: Yeas; 0 Nays. L, March 11, 1993 Page 224 93-52A-224-155 ( 6.) 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. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9592 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-224-156 ( 7.) ORDINANCE #9593--Zone Case #2068-A (East of Genoa Hill 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. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9593 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-224-157 ( 8.) ORDINANCE #9597--Abandoning and closing a portion of a street located in Section 8. Block B (108 42nd Street). 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. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9597 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 225 93-52A-225-158 ( 9•) ORDINANCE #9565 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 21ST STREET, ADJACENT TO BLOCK 7, MCCRUMMEN'S SECOND ADDITION, AND A 20 FOOT ALLEY IN BLOCK 11, MCCRUMMEN'S SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read at the December 10, 1992 Council meeting with no discussion or problems. According to staff memo, the final plat is now ready to be filed and the LISD has submitted their check for $3,242.96 for right-of-way closure costs. Staff recommended passage. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on first reading Ordinance #9565 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-225-159 (10.) Consider Resolution #4096 authorizing the Mayor to execute a quitclaim deed in favor of Douglas J. Corley and Truman D. Powers (108 42nd Street). RESOLUTION #4096 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a QuitClaim Deed in favor of Douglas J. Corley and Truman D. Powers of Lubbock, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, 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 March 11, 1993 Page 226 QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, hereinafter called "GRANTOR," for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by DOUGLAS J. CORLEY AND TRUMAN D. POWERS, hereinafter called "GRANTEES," the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEES, all of GRANTOR'S rights, title and interest in and to that certain tract or parcel of land lying and being stituated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of a public street in Section 8, Block B, in the City of Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at a point 330 feet west and 140.35 feet north of the SE corner of the NE 1/4 of Section 8, Block B, Lubbock County, Texas; THENCE North 140.40 feet to a point; THENCE East 25 feet to a point; THENCE South 140.40 feet to a point; THENCE West 25 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEES, their successors and assigns forever, so that neither the GRNATOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under GRANTOR shall at any time hereafter have, claim, or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND this llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson 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 March 11, 1993 Page 227 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OF OFFICE this 12th day of March, 1993. /s/ Olivia R. Solis Olivia R. Solis Notary Public in and for the State of Texas Commission: 11/30/93 This resolution is in conjunction with the street closure ordinance previously read and authorizes the Mayor to sign this quitclaim deed to Douglas J. Corley and Truman D. Powers for this 25-foot by 140.40 foot dedicated street portion being closed. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4096 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-227-160 oft— (11.) Consider Resolution #4097 authorizing the Mayor to execute an easement with Southwestern Bell Telephone Company located in Section 28, Block A. Lubbock County, Texas (Lubbock Airport). RESOLUTION #4097 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 "Easement for Equipment Station" covering a part of Section 28, Block A, Lubbock, Lubbock County, Texas, unto Southwestern Bell Telephone Company, 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. March 11, 1993 Page 228 Passed by the City Council this llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson 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 SOUTHWESTERN BELL - EASEMENT FOR EQUIPMENT STATION THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTHWESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the sum of Ten and no/100's Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, unto GRANTEE, its associated and allied companies, its and their respective successors and assigns, a permanent right and easement to construct, operate, maintain, reconstruct, enlarge, fence and remove a communications equipment station upon the following described land, situated in Lubbock County, Texas, and described as follows: Being the Southwest one -quarter (SW/4) of Section 28, Block A, Lubbock County, Texas. Said equipment station easement and access described in attached survey by Tommie E. Anderson R.P.L.S. dated January 27, 1993. TO HAVE AND TO HOLD the same, together with all rights and apprutenances to the same belonging, unto Grantee, and to its successors and assigns forever, including (1) the right to connect said station with the Grantee's communications systems by means of aerial and underground cables, wires and antennas, (2) the right to enclose said land with a fence, (3) the right of ingress and egress to and from said station by reasonable routes across the adjoining property of the Grantors, (4) the right to construct, improve and maintain a roadway suitable for vehicular traffic twenty (20) feet wide to said station, (5) the right to construct, operate and maintain, or license others to do so, service lines for electric power and telephone upon, over and under said roadway, (6) to install gates in any fences crossing said roadway, and (7) to clear and keep cleared all trees, overhanging branches, roots, brush and other obstructions from said land and roadway. March 11, 1993 Page 229 GRANTORS covenant that they and their hiers, successors, administrators and assigns, shall and will WARRANT AND DEFEND the title to the premises unto the said Grantee, and to its successors and assigns forever against the lawful claims of all persons whomsoever; and further that the Grantee, its successors and assigns, may quietly enjoy the premises for the uses herein stated. Signed and executed this 11th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR WITNESS: /s/ Betty M. Johnson Betty M. Johnson City Secretary ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, 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 for the purposes and consideration therein expressed. Given under my hand and seal of office this the 12th day of March, A.D., 1993. /s/ Olivia R. Solis Olivia R. Solis Notary Public in and for Lubbock County, Texas Commission 11/30/93 This resolution directs the Mayor to execute a routine equipment station easement with Southwestern Bell Telephone Company on a portion of City property just east of I-27 and north of Bluefield Street, further located near the southwest corner of the Lubbock Airport. This easement gives Southwestern Bell the right to place an equipment station on a 50-foot by 50-foot tract of land and an access easement to this equipment station from the east I-27 Access Road. This equipment station will serve the surrounding area and the airport for fiber optics communications. The airport has agreed to this location. Staff recommended granting this easement to Southwestern Bell. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4097 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 230 93-52A-230-161 (12.) Texas (6310 Frankford). ORDINANCE #9598 AN ORDINANCE ABANDONING AND CLOSING A TWENTY FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 36, BLOCK AK, 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. 93-52A-230-162 (13.) This ordinance abandons and closes a portion of a 20-foot wide underground utility easement just west of Frankford Avenue, between 63rd Street and 64th Street in the soon -to -be -platted Spur 327 Business Park. The proponent of this closure is Henry Huneke, who was the original dedicator. A new 20-foot easement will be dedicated by plat just to the south to replace this one being closed. All utilities are in agreement and the plat has been submitted. Staff recommended closure of this easement. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to pass on first reading Ordinance #9598 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4098 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 308-361, PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 308-361, Pheasant Run 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 $61,460.00, with the improvements constructed by Utility Contractors of America, Inc., having a value of $50,483.20, as determined by the unit prices established by said Chapter 28 and $10,976.80 cash paid to the City, which amount includes $9,830.65 for adjacent lines with Rothwell Homes, the developer to receive a refund of $15,143.54 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. March 11, 1993 Page 231 SECTION 2. THAT the refundable cost in the amount of $15,143.54 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson 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 This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $61,460 including value of construction costs ($50,483.20) and $10,976.80 cash paid to the City of Lubbock. The developer, Rothwell Homes, will receive a refund of $15,143.54 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 Aderton to authorize Resolution #4098 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-231-163 (15.) BID #12358--Slide projectors (Omnimax Theater). Lubbock Audio Visual Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 232 93-52A-232-164 (16.) BID #12359--Cove lighting (Omnimax Theater). Spitz, Inc., Chaddsford, PA Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-232-165 (17.) BID #12360--Textile wallcovering (Omnimax Theater). Charles Hartgrove Painting Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-232-166 (18.) BID #12361--Seating (Omnimax Theater). American Desk, Temple Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-232-167 (19.) BID #12362--Carpet (Omnimax Theater). Paul Graham Co. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0, Nays. 93-52A-232-168 (20.) BID #12415--Microfilm camera (Police Department). Comgraphix, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-232-169 (21.) Bid #12426--Civic Center Roof Repair. Lydick -Hooks Roofing Co. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 233 93-52A-233-170 (22.) BID #12436--City vehicles (Fleet Services). Gene Messer Ford--6 ea. Sedan 4 door full size Spec 102AB; 11 ea. pickup 1/2 ton full size Spec 307AB; 1 ea. pickup long wheelbase Spec 308B; 2 ea. pickup long wheelbase Spec 308AB. Scoggin Dickey Chevy Buick Geo--4 ea. Sedan 4 door intermediate Spec IOIAB; 40 ea. Police sedan 4 door marked patrol Spec 201; 1 ea. utility 4X4 Police Canine Spec 203; 2 ea. cab & chassis Spec 309AB; 3 ea. Pickup one ton long wheelbase Spec 318AB; 2 ea. Van 12 passenger Spec 406AB; 2 ea. Suburban 1/2 ton 4X4 Spec 408AB; 1 ea. Small passenger van Spec 414; 1 ea. pickup one ton dual wheel Spec 502; 1 ea. cab & chassis 3/4 ton long wheelbase 4X4 Spec 317AB. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-233-171 (23.) BID #12437--Police motorcycle parking control vehicle (Fleet Services). Graves Harley Davidson--1 ea. Police solo motorcycle Spec 204. Associated Supply Co.--1 ea. Police parking control scooter Spec 205. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-233-172 (24.) BID #12449--Buddy Holly Plaza construction (Parks & Recreation). Pharr Construction Co., Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-233-173 (25.) BID #12451--Farm implements (Fleet Services). Wylie Sprayers--1 ea. Tractor mounted spray tanker/hydraulic pump Spec 959; 1 ea. Herbicide sprayer, 500 gallon Spec 971. Western Implement--1 ea. Swather Spec 976; 1 ea. Square baler Spec 977. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 234 93-52A-234-174 (26.) BID #12453--Radio tower maintenance (Communications). Nationwide Tower Co., Henderson, KY Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-234-175 (14.) BID #12120--Copiers (various departments). Xerox Corporation --Copiers Eastman Kodak--Copier/duplicator George Hogland, Hogland Office Equipment, expressed concern that the selection process was conducted as a quote rather than a bid, with vendors not knowing other vendors' bids. Victor Kilman, City of Lubbock Purchasing Manager, explained that the process conducted was a request for proposal rather than a request for bid or quotation, allowed by V.T.C.A. Government Code, Section 262.030 (b). John Ross, Jr., City Attorney confirmed that the process conducted by City staff was a request for proposal, not a request for bid. Mr. Ross also explained that the code allows cities to enter into lease agreements rather than buying equipment. However, the agreement remains subject to the Council budget process; if Council doesn't fund the contract, the contract expires. Clyde Waddell, Hester's Office Center, commended the City staff for their outstanding job in deciding on the best proposal. Likewise, Bill McKay of Eastman Kodak and Steve Dunlap and Hilton McLauren of Tascosa Office Machines, praised the City staff for, the excellent job they did considering the tremendous amount of data they had to deal with. Steve Dunlap voiced concern that the successful proposer may not have proposed newly manufactured equipment. Ron Ledgerwood, Xerox Corporation, confirmed that all machines would be newly manufactured in response to the terms of the proposal. George Hogland appealed to the Council to deal with local dealers. In response, Councilmember Patterson stressed that the Council is pro -Lubbock. Ron Ledgerwood then affirmed the Xerox Corporation's 30-year present in Lubbock and its continued impact on the Lubbock community. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize the above bids, based on the following evaluation factors: Compliance to minimum specifications, service and experience, cost per copy, copiers exceeding specifications in areas most significant to the City, billing proposals, and trade-in allowance for existing copiers. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 235 93-52A-235-176 (27.) 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. 93-52A-235-177 (28.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9594 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays; 1 Recused-- Councilmember Cooke. Loop 289, 1300 feet west of North Guava, and 1300 feet north of East Erskine. Designation of well is Texland-Lif-Lubheirs #16. Mayor Langston opened the public hearing at 10:39 a.m. Dub Bratcher requested approval for an oil and gas drilling permit for Texland-Lif-Lubheirs #16. No one appeared in opposition. Mayor Langston closed the hearing at 10:41 a.m. 93-52A-235-178 (29.) Consider approval of an Oil and Gas Drilling Permit, for Texland-Lif-Lubheirs #16. According to staff memo, on February 17, 1993 an application for a permit to drill the above described well was received. The City of Lubbock owns one-half interest to the mineral rights within the production unit and owns the surface. The storage site is proposed in conjunction with an existing approved tank battery. The application is substantially in order, and the secondary recovery unit has been approved by the Texas Railroad Commission. Texland proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill in Lubbock County. Access to the drill site is proposed from Erskine on (City) private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area south of Loop 289 is uninhabited and current use is agricultural. The property is City owned land as part of the water well properties in North Lubbock. The well and storage site are approximately 2,500 feet north of existing residential, which is south of East Erskine. This will be the final well under normal procedures allowed within this square mile. March 11, 1993 Page 236 93-52A-236-179 (30.) POTENTIAL LONG TERM IMPACTS: The land area surrounding and including the south half of this lease is designated "open space" on the Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and the property is owned by the City of Lubbock, few long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350 feet or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350 to 400 feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and second series of casing shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for Texland- Lif-Lubheirs #16. Staff recommended approval, subject to the four conditions previously stated. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to approve the request of Texland Petroleum for an oil and gas drilling permit for Texland Lif-Lubheirs #16, subject to the conditions recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider Ordinance #9599 abandoning and closing a portion of Upland Place adjacent to Tract A. Saint Theresa Addition (2202 Upland Avenue). ORDINANCE #9599 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A PUBLIC STREET LOCATED IN SECTION 42, BLOCK AK, 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. March 11, 1993 Page 237 This ordinance abandons and closes a 215-foot by 28-foot portion of Upland Place that was dedicated by plat along the west side of Tract A, Saint Theresa Addition in the Carlisle area of West Lubbock. Early survey records show that a street was proposed at this location, but it is not needed anymore. It was dedicated at no cost by the Catholic Diocese. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Ince to pass on first reading Ordinance #9599 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-237-180 (31.) Consider Resolution #4099 authorizing the Mayor to sign a street monitor well permit with Applied Earth Sciences, Inc, for use of the City street parkway (4401 34th). RESOLUTION #4099 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 Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Applied Earth Sciences, 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 llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson 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 March 11, 1993 Page 238 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this llth day of March, 1993, of this Agreement between the CITY OF LUBBOCK, TEXAS, a Municipal Corporation, and APPLIED EARTH SCIENCES, INC., called "PERMITTEE." WITNESSETH: being the date Home Rule hereinafter Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for groundwater monitoring wells, to -wit: LEGAL DESCRIPTION for a monitor well to be installed in the South right-of-way of 34th Street, just West of Quaker Avenue: BEGINNING at a point which is 3.00 feet East and 5.00 feet North of the Northwest corner of Lot 1, Block 1, College Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE West 3.00 feet; THENCE South 3.00 feet; THENCE East 3.00 feet; THENCE North 3.00 feet to the POINT OF BEGINNING. Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 96694. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years. In any event unless either party shall give written notice of termination to the other party before the expiration of the original or any subsequent five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE fails or refuses to remove such improvements after demand by the CITY Of LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against PERMITTEE for which PERMITTEE shall be liable. March 11, 1993 Page 239 PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year non-refundable term of this permit, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the PERMITTEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. This first five (5) year FIVE HUNDRED AND NO/100 DOLLARS ($500.00) fee shall be tendered in the form of a certified or cashier's check prior to the placing of the request for this permit on the City Council Agenda. This five (5) year fee is only refundable if this permit request is turned down by the City Council. 2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this permit. PERMITTEE must utilize all necessary construction barricades, warning signs, and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this permit or the construction or maintenance and use permitted herein. Permittee is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF March 11, 1993 Page 240 LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reasonable opportunity to settle or adjust the same. 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, Permittee must fill the old well and drill a new well at Permittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and Permittee will be responsible for additional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the Texas Water Commission or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate OR Commercial General Liability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at Permittee's expense, Permittee shall do one of the following things: (1) Permittee may furnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Permittee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Permittee's insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the PERMITTEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 10. PERMITTEE, by its acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. March 11, 1993 Page 241 Written notices required hereunder shall be mailed to the City of Lubbock, addressed to the City Manager, P. 0. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Applied Earth Sciences, Inc., 16415 Addison Road, Suite 700, Dallas, Texas 75248. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED: /s/ Ed Bucv Ed Bucy, Right -Of -Way Agent /s/ Larry Hertel Larry Hertel, City Engineer /s/ Anthony J. Williams Anthony J. Williams, Assistant City Attorney AGREED TO AND ACCEPTED this 23rd day of March, 1993. PERMITTEE: APPLIED EARTH SCIENCES, INC. ADDRESS: 16415 Addison Road, Suite 700, Dallas, TX 75248 BY:/s/ David Bradbury 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, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of March, 1993. /s/ Olivia R. Solis [Seal] Notary Public in and for the State of Texas Olivia R. Solis Printed or Typed Name of Notary March 11, 1993 Page 242 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID BRADBURY known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein stated as the act and deed of aforesaid PERMITTEE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of March, 1993. /s/ Patricia Ann Bates [Seal] Notary Public in and for the State of Texas 93-52A-242-181 (32.) Patricia Ann Bates Printed or Typed Name of Notary This permit allows Applied Earth Sciences, Inc., of Dallas, to drill a groundwater monitor well in the south parkway of 34th Street, just west of Quaker Avenue. This well will give Applied Earth a means of checking possible water pollution that has occurred from previously leaking underground fuel tanks at the Texaco service station on the east side of Quaker Avenue. The Texas Water Commission has asked them to go off -site with this monitor well. All utilities are in agreement and the abutting property owner's permission has been received. The $150 application fee has been paid and staff will receive $50 per year for this permit. The area to be covered by this permit is 300 feet by 3.00 feet, or 9.00 square feet. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4099 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Lots A & B, Science Spectrum Addition, and to execute an access and use of facilities easement in conjunction with the Science Spectrum plat and accept from the Science Spectrum a Special Warranty Deed for a tract of land which will become part of Lot A (2601 Loop 289 RESOLUTION #4100 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 by said City of Lots A & B, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas, and an access and use of facilities easement, 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, and the City of Lubbock March 11, 1993 Page 243 shall accept from the Science Spectrum a Special Warranty Deed for a 3,576 square foot tract of land adjacent to Lot 3-E, a replat of Lot 3, Times Square Addition to the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 11th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson 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 ACCESS AND USE OF FACILITIES EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § That the CITY OF LUBBOCK, a home rule municipality of the County of Lubbock, State of Texas, herein called Grantor, for TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by the SCIENCE SPECTRUM, a Texas Non-profit Corporation, herein called Grantee, the receipt and sufficiency of which is hereby acknowledged, has GRANTED and BARGAINED, SOLD AND CONVEYED, and by these presents does GRANT, BARGAIN, SELL AND CONVEY, unto Grantee, its successors and assigns, a permanent and perpetual access and use easement upon, over, and across that certain tract of land more particularly described as follows: A tract of land located in Section 12, Block E-2, Lubbock County, Texas, and also being a portion of Lot 3-E, a replat of Lot 3, Times Square Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at a goint which bears N. 89057' E. a distance of 200.88 feet and No. 00 03' W. a distance of 144.20 feet from the Southwest corner of Lot 3-E, Times Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89057' W., at 0.88 of a foot pass the East Line of Lot 3-E, Time's Square Addition, continuing for a total distance of 27.33 feet; THENCE N. 00003' W. a distance of 41.25 feet; THENCE N. 89057' E., at 26.45 feet pass the East line of Lot 3-E, Time's Square Addition, continuing for a total distance of 33.75 feet; THENCE N. 00003' W. a distance of 8.50 feet; THENCE N. 74057' E. a distance of 10.26 feet; THENCE N. 15003' W. a distance of 2.75 feet; THENCE N. 74057' E. a distance of 14.89 feet; THENCE S. 00003' E. a distance of 28.92 feet; THENCE S. 44057' W. a distance of 42.43 feet to the Point of BEGINNING; (herein called the "easement tract"). March 11, 1993 Page 244 The easement granted by this instrument is for the benefit of and appurtenant to a certain tract of land described as Lot B, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas (herein called "Lot B") which lies adjacent to and East of the easement tract. The easement herein granted shall permit Grantee, its agents, employees, successors and assigns, and the patrons, guests, invitees, visitors and customers of the Science Spectrum located on Lot B, continuing access to the easement tract and the continuing right to use the facilities and improvements constructed, and to be constructed, upon the easement tract, including, but not limited to, the restrooms, general meeting room, stairway and storage area located underneath the stairway, to be constructed by Grantor upon the easement tract. The easement herein granted shall be used in connection with the use of Lot B, and the improvements located on Lot B, and shall be exercised in common with other members of the public who are the patrons, guests, invitees and visitors to the facilities to be constructed by the Grantor upon Lot A, Science Spectrum Addition to the City of Lubbock, Lubbock County, Texas. In order to assure Grantee of continuing access and enjoyment of the easement herein granted, Grantor hereby expressly agrees not to remodel, construct, reconstruct, or erect any improvements over or upon the easement tract which would obstruct or interfere with the easement rights granted herein. The easement herein granted shall run with the land and bind Grantor, its legal representatives, successors and assigns. Grantors hereby bind themselves, their successors and assigns, to WARRANT and FOREVER defend all and singular the rights conveyed herein unto Grantee, its successors and assigns. EXECUTED this llth day of March, 1993 to become effective the _ day of , 199_ ATTEST: By:/s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK: By:/s/ David R. Langston David R. Langston, Mayor APPROVED AS TO FORM: /s/ Anthony J. Williams Anthony J. Williams Assistant City Attorney This instrument was acknowledged before me this 12th day of March, 1993 by David R. Langston, Mayor, on behalf of the City of Lubbock, a home rule municipality. /s/ Olivia R. Solis Olivia R. Solis Notary Public March 11, 1993 Page 245 DEDICATION DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This is to certify that the CITY OF LUBBOCK, a home rule municipality of the County of Lubbock, State of Texas, is sole owner of the following described real property: Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, and a tract of land in Section 12, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest corner of Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89057' E. a distance of 200.00 feet; THENCE S. 00003' E. a distance of 167.48 feet; THENCE N. 89057' E. a distance of 30.88 feet; THENCE S. 00003' E. a distance of 53.17 feet; THENCE N. 89057' E. a distance of 6.50 feet; THENCE S. 00003' E. a distance of 23.75 feet; THENCE S. 44057' W. a distance of 9.19 feet; THENCE S. 00003' E. a distance of 11.25 feet; THENCE S. 44057' W. a distance of 42.43 feet; THENCE S. 89057' W. a distance of 0.88 of a foot; THENCE S. 00003' E. a distance of 144.20 feet; THENCE S. 89057' W. a distance of 200.00 feet; THENCE N. 00003' W. a distance of 436.35 feet to the Point of Beginning; and That Science Spectrum, a Texas Non-Proft Corporation is the sole owner of the following described real property. Lot 4-A, a replat of Lot 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, and a tract of land in Section 12, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING ath the Northeast corner of Lot 4-A, a replat of Lot 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 00003' E. a distance of 436.35 feet; THENCE N. 89057' E. a distance of 445.00 feet; THENCE S. 00003' E. a distance of 144.20 feet; THENCE N. 89057' E. a distance of 0.88 of a foot; THENCE S. 44057' W. a distance of 42.43 feet; THENCE S. 00003' E. a distance of 11.25 feet; THENCE S. 44057' W. a distance of 9.19 feet; THENCE S. 00003' E. a distance of 23.75 feet; THENCE S. 89057' W. a distance of 6.50 feet; THENCE S. 00003' E. a distance of 53.17 feet; THENCE S. 89057' W. a distance of 30.88 feet; THENCE N. 00003' W. a distance of 167.48 feet; THENCE N. 89057' E. a distance of 445.00 feet to Beginning. the Point of The said tracts of land are collectively described by metes and bounds as follows: Plat limits of Lot "A" and "B", Science Spectrum Addition, a replat of Lots 3-E and 4-A, a replat of Lots 3 and 4, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: March 11, 1993 Page 246 BEGINNING at the original Northeast corner of Lot 4-A, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. OOoO3' E. a distance of 436.35 feet; THENCE S. 89o57' W. a distance of 645.00 feet; THENCE N. OOoO3' W. a distance of 436.35 feet; THENCE N. 89o57' E. a distance of 645.00 feet to the Point of Beginning and the CITY OF LUBBOCK AND SCIENCE SPECTRUM do hereby replat the above described property into the lots, and designating easements, as thereon shown in accordance with the attached plat, prepared by Hugo Reed & Associates, Inc., a licensed surveyor for the State of Texas on the day of , 199 and approved by the Planning Commission of the City of Lubbock on the day of , 199 , and desiring to have said property platted and duly filed for record as required by law, all as shown on the attached plat; NOW THEREFORE, for and in consideration of the special benefits to accrue to our property from this platting and dedication, the CITY OF LUBBOCK and SCIENCE SPECTRUM hereby DEDICATES all easements (surface and/or underground) thereon shown and designated upon said plat to the PUBLIC FOR PUBLIC USE FOREVER; and by these presents does impress the name of "LOTS A and B, SCIENCE SPECTRUM ADDITION to the City of Lubbock, Lubbock County, Texas", upon said property for the correct reference and description thereto as indicated upon the attached plat, and does hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said plat as a part of this dedication. It is understood and agreed by and among the parties hereto that subsequent to this platting and dedication the CITY OF LUBBOCK shall own in fee Lot "A", herein platted, and SCIENCE SPECTRUM shall own in fee Lot "B", herein platted. EXECUTED as of this 11th day of March, 1993. ATTEST: By:/s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK By:/s/ David R. Langston David R. Langston, Mayor SCIENCE SPECTRUM, a Texas Non -Profit Corporation By: Cassandra Henry, President APPROVED AS TO FORM: /s/ Anthony J. Williams Anthony J. Williams Assistant City Attorney This instrument was acknowledged before me this 12th day of March, 1993 by David R. Langston, Mayor, on behalf of the City of Lubbock. /s/ Olivia R. Solis Olivia R. Solis Notary Public March 11, 1993 Page 247 This resolution authorizes the Mayor to execute a dedication deed for the platting of City owned property to be called Lot A, Science Spectrum Addition. This Lot A was formerly known as Lot 3-E, Times Square Addition, and was acquired by the City in 1991. Canton Avenue, which is along the east side of Lot 3-E, has been abandoned and closed. The Science Spectrum owns Lot B, which was formerly known as Lot 4-A, Times Square Addition, and they are joining the City in this replatting since this is the location for the Omnimax Theater. Along with this plat is an access and use of facilities easement for the Mayor to execute which allows the Science Spectrum to have access to a meeting room area and restroom facilities immediately adjacent to the Science Spectrum Lot B and on the City of Lubbock Lot A. This resolution also allows the City to accept a 3,576 square foot tract of land through a Special Warranty Deed from the Science Spectrum. This tract of land will house part of the theater property and become part of Lot A. This replat has been approved by the Planning and Zoning Commission and City staff supports this recommendation. This easement is necessary for the Science Spectrum and Omnimax Theater operation and the Right -of -Way Department recommended this easement and acceptance of the Special Warranty Deed. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to authorize Resolution #4100 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. March 11, 1993 Page 248 93-52A-248-182 (33.) RESOLUTION #4101 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 Community Development Block Grant Application of 1993-1994 for the 1993 and related documents. Said Grant Application 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 llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4101. Councilmember Patterson recused himself from discussion and voting on MHMR Facility Acquisition line item. 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 City Council has completed all the citizen participation requirements that are mandated in those regulations. The Statement of Objectives that has been prepared in stipulations with those regulations and is ready for submission. A public hearing was held on February 25, which provided an opportunity for additional citizen input on the Community Development Advisory Committee's recommendation for funding projects. The Community Development Advisory Committee's recommendations included: 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 March 11, 1993 Page 249 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 Information & Other Resources 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 Following the submission of the Statement of Objectives, the Community Development staff will begin the preparation of the Environmental Assessment and contractual agreements that are necessary to initiate the projects starting June 1, 1993. Mayor Langston commented on the questions raised during the public hearing regarding plans for the Skyview area. Jim Bertram, Assistant City Manager for Development Services, gave a brief history of the Skyview area, indicating that it is designated as an industrial park area and therefore it doesn't, seem prudent to pour money into an area that is not going to stabilize. He further indicated that it would take several million dollars to acquire the area and relocate the residents. Mayor Langston requested that the City staff consider the following two areas with respect to future plans for the Skyview area: 1) to provide a buffer zone on the north side of the neighborhood and 2) to come up with a long-term plan for making the area an industrial park. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4101, that the amounts as had been approved on consensus of Council be approved, with the exception of the MHMR Facility Acquisition Fund and the Contingency Fund, and that these two items be considered as separate items. Motion carried: 6 Yeas; 0 Nays. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve $100,000 in funding for the MHMR Facility Acquisition Fund. Motion carried: 4 Yeas; 1 Nay --Mayor Pro Tem Trejo; 1 Recused--Councilmember Patterson. Motion was made by Mayor Pro Tem Trejo to approve $32,865 in funding for Guadalupe Economic Services Boxing Club. March 11, 1993 Page 250 Discussion ensued about expense line items and information from Judy Carrillo. Councilmember Ince requested that this item be tabled until the next City Council meeting and that funds be placed in the contingency fund and redistributed at a later date. Mayor Pro Tem Trejo withdrew her motion. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson that the $50,000 which was removed from MHMR Facility Acquisition Fund be placed in the contingency funds for the time being. Motion carried: 6 Yeas; 0 Nays. Council proceeded to executive session at 11:54 a.m. 93-52A-250-183 (38A.) 93-52A-250-184 (38B.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VACS, to discuss personnel matters. At 1:38 p.m., the Council reconvened their regular meeting. Councilmember Cooke did not return and was absent during the remainder of the regular meeting. No action was taken on board appointments (Item Vs 40-43). March 11, 1993 Page 251 93-52A-251-185 (34.) RESOLUTION #4102 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 Application, and related documents, for the HOME Investment Partnership Program for the year 1993. Said Application and related documents are 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 llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4102. The HOME Investment Partnership Program was approved under the National Affordable Housing Act passed in November 1990. This year the City of Lubbock expects to receive a $701,000 allocation from the Federal government under this program, determined by a formula system. One of the goals of HOME is to provide local governments with the flexibility to decide what types of housing assistance are most appropriate to meet local housing needs. HOME funds may be used for a variety of activities to develop and support affordable housing. Eligible activities include tenant based rental assistance, assistance to first-time homebuyers and existing homebuyers, property acquisition, new construction, reconstruction, moderate or substantial rehabilitation, site improvements, demolition, relocation expenses, and other reasonable and necessary expenses related to development of non -luxury housing. The statute provides a preference for rehabilitation. In order for the City to utilize HOME funds for "new construction," additional criteria must be followed and an increased match of 30 percent is required. March 11, 1993 Page 252 A new requirement of the HOME program is for participating jurisdictions to provide a local match of at least 25 percent. For the City of Lubbock's FY 1993 program a match of approximately $175,250 will be required. The City of Lubbock application does not specifically identify the source of the match. Under the program guidelines the City may utilize: a) Value of land or real property; b) proceeds from taxable or tax exempt bonds issued by states or localities and repayable from project revenues, subject to certain limitations; c) value of site preparation, construction materials, and donated/voluntary labor in connection with the site preparation and construction or rehabilitation of affordable housing, d) any public funding directed at housing that meets the affordable housing requirements under the HOME program; and/or e) funds from a non-federal source. Currently HUD has not issued any guidelines on the specifics concerning the calculation of the match. They have stated that the match is based on the entire allocation and is cumulative. They have also stated that match funding is not initiated until the City begins implementing the FY 1993 HOME program which will probably be in late 1994; therefore, HUD has time to finalize the match guidelines. The City staff is currently meeting with the Lubbock Housing Finance Corporation to discuss possible options for match funding as well as reviewing carefully any value of real estate or infrastructure that could satisfy the match requirement. HOME funds can only be utilized to assist low income households. Additionally, each participant jurisdiction is required to reserve at least 15 percent of funds for housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). CHDOs are private, non- profit organizations which must meet a number of requirements. The City has eighteen months to commit funding to a CHDO. For Lubbock, the CHDO set aside is $105,150. The program description states that the City will follow the goals, objectives, and strategies identified in the CHAS. There will be an emphasis on assistance to existing homeowners, the elderly, and new home ownership opportunities. The HOME Program Description identifies the broad categories of project expenditures. They include: Owner Occupied Rehabilitation $325,750 Rental Occupied Rehabilitation 200,000 Community Housing Development Org. 105,150 Program Administration 70,100 $701,000 March 11, 1993 Page 253 During the past year, the HOME funds have been committed to housing reconstruction which was previously funded by the CDBG program. This activity is proposed to continue in the construction of replacement housing for homes determined not to be suitable for rehabilitation. The program is designed as a low -interest loan repaid over a 20-year period. Additionally, HOME funds are being utilized with the RTC property inventory, for single-family rehabilitation of RTC properties as well as rental properties in partnership with the Lubbock Housing Authority. The activities to be performed by the Community Housing Development Organization have not been determined and the program description reflects the mandatory 15 percent set aside. The HOME program was amended to allow up to 10 percent administration funding for the program. This funding will decrease the CDBG funds needed to cover CDBG administrative costs. The Program Description can be amended and changed at any time, and these revisions generally do not require HUD approval. Staff recommended submission to the HOME Program Description in order to receive the City of Lubbock's allocation. Mayor Langston requested that Sandy Ogletree, Community Development Administrator, plan a seminar for the Council on the various housing programs, especially how the different programs work together. Motion was made by Councilmember Patterson, seconded L. by Mayor Pro Tem Trejo to authorize Resolution #4102 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. March 11, 1993 Page 254 93-52A-254-186 (35.) RESOLUTION #4103 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 - Architectural Services Agreement by and between the City of Lubbock and BGR Architects -Engineers to furnish professional services in conjunction with the project entitled "Civic Center Expansion", 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 llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Van McVay Van McVay, Director of Civic Centers ►:TJl:%Fl�il�� : u /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney ARCHITECTURAL SERVICES AGREEMENT This Agreement is made and entered into this llth day of March, 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred called "City", and BGR ARCHITECTS -ENGINEERS, hereinafter called "Architect". A. SCOPE OF WORK: BGR Architects -Engineers agree to furnish professional services in conjunction with the project entitled "Civic Center Expansion" and described in the City's "Request for Proposals Bid #12282", attached hereto as Exhibit A, and the Architect's proposal dated November 24, 1992, attached hereto as Exhibit B, all of which are incorporated by reference as part of the Agreement. March 11, 1993 Page 255 B. WORK PROGRAM: 1. It will be the responsibility of the Architect to become familiar with the current utilization of the Civic Center facilities, to include, but not be limited to, the types of users, the types of events, and the types of room configurations used. 2. The Architect shall identify and define the major competitive facilities in Texas and the regional market area, including the size and characteristics of these facilities. Included in this analysis will be new or planned facilities and their potential effect on the Lubbock Memorial Civic Center in the market place. This should not be limited to marketing aspects, but to facilities, services, and operations. 3. The Architect shall also identify and define other local meeting facilities, including new or planned facilities, and analyze all aspects of their relationship to the Lubbock Memorial Civic Center. 4. The Architect shall evaluate the available funding through the Hotel/Motel Tax as well as the expansion/renovation considerations as outlined in the Project Description of the Request for Proposals, attached hereto as Exhibit A, and make recommendations as to feasibility and/or phased options. 5. The Architect shall evaluate the land availability with respect to expansion needs and make recommendations on how best to utilize the available land. This will require an evaluation of the available land in terms of its capacity to accommodate the planned building and parking expansion, as well as future expansion needs. 6. The Architect shall provide schematic designs of all expansion and/or renovation recommendation in the final report. The schematic design shall include floor plans, site plans, exterior elevations and related sketches as required to communicate the planned expansion or renovation. Plans indicating size and location of major elements will be provided for the 20-year master plan. Recommendation to include cost based on 1993 dollars. The purpose is to provide the City with optimum land use as directed by the marketplace and user needs and funding availability for the necessary expansion/renovation projects recommended in the Request for Proposals, attached hereto as Exhibit A. 7. It will be the responsibility of the Architect to be familiar with any and all construction/building regulations with respect to Urban Renewal and/or HUD as well as any other laws/regulations with respect to City building codes, fire codes, and occupancy regulations. 8. The Architect will be responsible for all data collection and analysis, recommendations, schematic designs, and report reproduction. 9. The Architect shall provide an original and ten (10) bound copies of the detailed final report, which shall include all projections, conclusions, drawings, and recommendations as set forth above and which shall be the property of the City. The Architect shall hold a minimum of two (2) progress status meetings with the Civic Center Director or his designees at such times and under such circumstances as may be required by the City. March 11, 1993 Page 256 The "Not to Exceed Fee" as outlined in Section D "Compensation and Payment" is based on an anticipated scope of work with a meeting schedule as follows: a) BGR and City: Collection of data, reports, plans, etc. b) BGR, TVS, C&L, City: "Kick-off" meeting, data collection, and setting of design parameters. c) BGR, TVS, City: Interim design review d) BGR, TVS, City: Final design review prior to formal presentations. Should additional meetings beyond these be required by City, the "Not to Exceed" amount would require an increase, that increase to be mutually agreed upon by both Architect and City. 10. The Architect will be required to make a minimum of three (3) formal presentations to interested parties requiring such, as determined by the City. The "Not to Exceed" figures includes four (4) formal presentations. C. THE CITY'S RESPONSIBILITIES: 1. The City will provide the necessary data required by Architect with respect to current utilization of the Lubbock Memorial Civic Center, current major competitive facilities in Texas and the regional market area, and current local meeting facilities which are considered competitive. This will allow architect to review data and update or supplement as required based on available information. 2. The City will provide necessary records, reports, plans, and schedules and will be available for meetings and work sessions as required by Architect. D. COMPENSATION AND PAYMENT: 1. The professional services provided by Architect and subconsultants will be based on hourly rates according to the following schedule and will not exceed THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00), except as agreed to by both parties for increases in scope of work not included in the work program as outlined in Section B of this Agreement. BGR Architects+Engineers Principal/Project Manager $ 80.00 Draftsman $ 45.00 Secretary/Clerical $ 25.00 Thompson, Ventulett, Stainback & Associates Partner $135.00 Associate $ 75.00 Intern Architect/Intern Designers - Level III $ 45.00 Coopers & Lybrand Director $185.00 Senior Associate $155.00 March 11, 1993 Page 257 Should consultants other than those listed be required on this project, an hourly fee schedule will be provided to the City of Lubbock. 2. Reimbursable Expenses are in addition to Professional Services above and include transportation and lodging for consultants/team members traveling to Lubbock for meetings and presentations as outlined in Section B of this Agreement. Also included are expenses of reproduction documents, and long distance communications. These reimbursable expenses will not exceed TEN THOUSAND AND N0/100 DOLLARS ($10,000.00), except as agreed to by both parties for increases in scope of work not included in the Work Program outlined in Section B of this Agreement. 3. Architect will submit to City for payment itemized invoices for services rendered on a monthly basis. These invoices shall be categorically itemized as to Professional Services and Reimbursable Expenses. E. TIMETABLE FOR COMPLETION OF PROJECT: 1. The work program as outlined in this Agreement shall be completed and ready for formal presentations within a time period of ten (10) weeks from the date of execution of this Agreement by all parties. Should there be mutual changes in the scope of work or work program as outlined in this Agreement, the timeline for completion would be modified as agreed to by both parties. F. INDEPENDENT CONTRACTOR: Nothing herein shall be construed as creating the relationship of employer and employee between the City and Architect, and the Architect shall at all times be deemed to be an independent contractor. G. im J. INSURANCE: Architect shall maintain insurance at all times in accordance with the proposal attached hereto as Exhibit "B". HOLD HARMLESS: 1. City hereby agrees to be responsible for its own acts in performance of this Agreement and to hold Architect harmless from any claims arising out of negligent acts, errors or omissions of such duties as are required to be performed hereunder. 2. Architect hereby agrees to be responsible for its own acts in performance of this Agreement and to hold the City harmless from any claims arising out of negligent acts, errors, or omissions of such duties as are required to be performed hereunder. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas. TERMINATION: This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. March 11, 1993 Page 258 This Agreement is executed upon the day and year first written above. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Van McVay Van McVay, Director of Civic Centers APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney ARCHITECT BY:/s/ Stephen Michael Briggs STEPHEN MICHAEL BRIGGS Secretary, BGR Architects - Engineers A copy of Exhibits "A" and "B" are filed with Resolution No. 4103. Mayor Langston recused from discussion and voting on this item due to a perceived conflict of interest. At the January 28, 1993 City Council Work Session, the selection committee recommended that the City of Lubbock retain the services of BGR Architects - Engineers, in association with Thompson, Ventulett, Stainback & Associates, to develop a master plan for the expansion of the Civic Center. A recap of the key provisions of the Agreement are as follows. 1. The firm will become familiar with current utilization of the Civic Center, identify and analyze existing, new and planned competitive facilities on a local, state and regional level. The Civic Center staff will provide much of the data for their review and analysis. 2. The firm will evaluate the available funding through the Hotel/Motel Tax as well as expansion/renovation consideration and make recommendations as to feasibility and/or phased options. 3. The firm will evaluate the available land in terms of its capacity to accommodate the planned building and parking expansion as well as future expansion needs and make recommendations accordingly. March 11, 1993 Page 259 4. The firm will provide schematic designs of all expansion and/or renovation recommendations to include floor plans, site plans, exterior elevations and related sketches. Plans indicating size and location of major elements will be provided for the 20-year master plan. 5. The firm will hold four (4) planning and status review meetings with the Civic Center staff. 5. The firm will make four (4) formal presentations on their final recommendation. The fee schedule is as follows: a) Professional services will be based on hourly rates and will not exceed $30,000.00, except as agreed to by both parties for increases in scope of work not included in the work program. b) Reimbursable Expenses, which includes travel and lodging for consultants/team members, expense of reproduction documents and long distance telephone communications, will not exceed $10,000.00, except as agreed to by both parties for increases in scope of work not included in the work program. 8. The firm will submit itemized invoices for all services rendered. 9. The recommendations of the firm should be completed and ready for formal presentations within ten (10) weeks. 10. The firm will maintain Professional Liability insurance at all times for the duration of the this project. 11. The Agreement may be terminated by either party upon thirty (30) days written notice. 12. A copy of the Request for Proposals Bid #12282 (Exhibit A) and the response from BGR Architects - Engineers (Exhibit B) are incorporated as part of the agreement and will be on file with the executed agreement in the City Secretary's office. March 11, 1993 Page 260 Following a presentation of the architectural procedures, Council authorized staff to negotiate an agreement with BGR Architects -Engineers. Staff recommended Council approval of an agreement with BGR Architects -Engineers to develop a master plan for Civic Center expansion and renovation. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4103 as recommended by Staff. Motion carried: 4 Yeas; 0 Nays; 1 Recused--Mayor Langston. 93-52A-260-187 (36.) Consider Resolution #4104 authorizing the City Manager to approve an application for a State administered, Federally funded grant for the continuation of the South Plains Regional Narc Task Force. RESOLUTION #4104 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and related documents for State and Federal Assistance for the South Plains Regional Narcotics Task Force to continue a regional effort to enhance local law enforcement capabilities in curbing narcotics trafficking in an eleven (11) county region of the South Plains, 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 11th day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Donald R. Bridgers Donald R. Bridgers, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4104. March 11, 1993 Page 261 This grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 340,000 people located in 11 counties. Narcotic trafficking on the South Plains should be considered multi -jurisdictional, with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional problem requiring regional coordination. The citizens of the 11 county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 11 county region. The South Plains Regional Narcotics Task Force currently consists of six Lubbock Police Officers. Two of these officers work in conjunction with other agencies throughout the region on "gang" narcotics activity. While these officers work on "gang" related narcotics activity, their duties are not limited to this function. They will also assist the remaining four members of the Task Force who concentrate on general narcotic activity within the South Plains Region. Further, the Task Force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, and County and City law enforcement agencies. The unit would also lend investigate support to local jurisdictions. The grant application is to be received by the Governor's Office, Criminal Justice Division, no later than 5:00 p.m. March 15, 1993. Awards for the grant have been set for June 1, 1993. The total request for funding is $475,060 with the City's contribution being $118,766 (the required 25 percent match for the total grant) and will come from the seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Agreement with the City of Lubbock. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4104 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. March 11, 1993 Page 263 The future of these pilot programs is to phase in the best of the seven into a state-wide program. The City of Lubbock Community Services Department administers several energy assistance programs which help individuals in need of energy assistance. Due to the comprehensive services provided through these funds, the City staff recommended the approval of this grant. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4105 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 93-52A-263-189 (38.) Consider an order pertaining to proposed Tariff No. 3105.1. Federal General Lighting and Power Services, for Southwestern Public Service. RESOLUTION #4106 ORDER AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, SITTING AS A REGULATORY AUTHORITY UNDER THE PUBLIC UTILITY REGULATORY ACT, VERNON'S ANN.CIV.ST., ART. 1446c, PERTAINING A PROPOSED TARIFF NO. 3105.1 OF SOUTHWESTERN PUBLIC SERVICE COMPANY WITH REGARD TO THE DEPARTMENT OF DEFENSE FINANCE AND ACCOUNTING CENTER PROPOSAL. WHEREAS, said proposed Tariff No. 3105.1, Federal General Lighting and Power Service, was filed with the City Secretary of the City of Lubbock February 23, 1993; and WHEREAS, such tariff is not a major change and the Regulatory Authority finds that good cause has been shown to allow such change to take effect in less than 35 days as provided by Section 43 of the Public Utility Regulatory Act; NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT proposed Tariff No. 3105.1, Federal General Lighting and Power Service of Southwestern Public Service Company is hereby approved for immediate implementation; and THAT a copy of said Tariff, which is attached hereto and made a part hereof for all purposes, shall be placed on file in the office of the City Secretary. AND IT IS SO ORDERED. Passed by the City Council on this llth day of March, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney March 11, 1993 Page 264 FEDERAL GENERAL LIGHTING AND POWER SERVICE Tariff Number 3105.0 Cancelling APPLICABLE: Under contract, to federal general lighting and power service within the City of Lubbock for office and computer facilities having a total annual power cost of $500,000 or more. Not applicable to military installations. TERRITORY: Lubbock, Texas RATE: $0.037 per kWh for each kWh used per month. FUEL COST RECEOVERY: The charge per kilowatt hour of the above rate shall be increased by the applicable fule cost receovery factor per kilowatt hour as provededin Tariff Number 7100. TAX ADJUSTMENT: (Applicable to sales inside corporate limits): Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of service, as the result of any new or amended laws after February 1, 1993. CHARACTER OF SERVICE: A-C; 60 hertz, single or three phase, at one available standard voltage. MINIMUM CHARGE: $500,000 total power cost annually. EFFECTIVE DATE: February 1, 1993. At 1:54 p.m., the City Council recessed the regular City Council meeting and convened as a regulatory body for consideration of this item. Lubbock Power & Light has established a new rate class to handle the DOD DFAS project, and Southwestern Public Service had agreed to do the same. This action is the necessary procedure for Southwestern Public Service to adopt the same rate class. There is no significant change, and this will simply allow the DOD DFAS project electric calculation to match with what the requirements were in the RFP. Staff recommended approval of the order. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to approve an order pertaining to Tariff No. 3105.1, Federal General Lighting and Power Services for Southwestern Public Service. Motion carried: 5 Yeas; 0 Nays. At 1:56 p.m., the Council reconvened the regular City Council meeting. March 11, 1993 Page 265 93-52A-265-190 (39.) appointments to: Neighborhood Redevelopment/Urban Renewal/Southeast Lubbock Development Board Zoning Board of Adjustment Parks and Recreation Board Boards and Commissions Advisory Committee Board appointments were not discussed in executive session. 93-52A-265-191 (40.) 93-52A-265-192 (41.) 93-52A-265-193 Jenkins, Owen McWhorter, Jr., Elaine McNair, Scott Badgett, and Jimmy H. Smith have expired. It was consensus of Council to hold this item until the next Regular City Council meeting. Consider three appointments to the Zoning_ Board of Adjustment. The term of Jerry Schaffner will expire on March 14, 1993. Ruben Reyes was moved from alternate to full member, and Ron McLaurin has resigned. It was consensus of Council to hold this item until the next Regular City Council meeting. (42.) Consider three appointments to the Parks and Recreation Board. The term of Lewis Gamboa will expire on March 28, and the terms of Mel Pope and Bob Covington will expire on March 31, 1993. It was consensus of Council to hold this item until the next Regular City Council meeting. 93-52A-265-194 (43.) Consider one appointment to the Boards and Commissions Advisory Committee to replace Damon Hill. It was consensus of Council to hold this item until the next Regular City Council meeting. March 11, 1993 Page 266 There being no further business to c be a Council motion was made by Councilmember Patterson, secondedCe y Counc mem er Ince o ad'the meeting at 1:58 p.m. Motion cared:�5 j! as; N �� . u.2..-.-., ATTEST: &-'t� U— IL Betty W"JohnJAn, City Secretary Read and approved this the 25th day c ATTEST: &u,— a c�" etty M. John on, City Secretary