HomeMy WebLinkAboutMinutes - City Council - Regular - 4/22/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 22, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 22nd day of April, 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 City Secretary Betty M. Johnson.
Mayor Langston called the meeting to order at 10:47 A.M.
( 1.) The Invocation was given by Jim Bertram, Assistant
City Manager for Development Services.
A special presentation related to the Pledge of
Allegiance was made by Honey Elementary 3rd grade
students.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
93-52A-355-271
( 3.) Albert Gillin Associate Pastor of Westminster
Presbyterian Church, will appear to request a
loudspeaker permit for April 24, 1993, in
conjunction with a barbecue and parking lot dance.
93-52A-355-272
( 4.)
Rev. Albert Gillin, Associate Pastor of Westminster
Presbyterian Church, appeared to request a
loudspeaker permit for a barbecue meal and parking .
lot dance to promote youth fellowship.
According to staff memo, the request is for
Saturday, April 24, 1993, from 6:30 p.m. to 10:00
p.m. at the parking lot of the Westminster
Presbyterian Church located at 3321 33rd Street.
All residents in the area were petitioned by
Westminster Presbyterian Church and all approved the
event.
Staff recommended approval.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Aderton to approve the
request of Westminster Presbyterian Church for a
loudspeaker permit for April 24, 1993 from 6:30 p.m.
until 10:00 p.m. Motion carried: 7 Yeas; 0 Nays.
Andrea Gaitan appeared on behalf of Saint Joseph's
Church to request a loudspeaker permit for an
outdoor mass.
April 22, 1993
Page 356
According to staff memo, there will be an open mass
for all denominations prior to a parish picnic. The
request was for Sunday, May 2, 1993, from 12:00 p.m.
to 1:00 p.m. at Guadalupe Park. All residents in
the area were petitioned and all approved the event.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to approve the request of
St. Joseph's Church for a loudspeaker permit for May
2, 1993 from 12:00 Noon until 1:00 p.m. Motion
carried: 7 Yeas; 0 Nays.
It was consensus of Council to remove Item #9 from the consent agenda.
( 5.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve minutes of the
April 8, 1993 Regular City Council Meeting, and the
April 10, 1993 and April 12, 1993 Special City
Council Meetings as written. Motion carried: 7
Yeas; 0 Nays.
93-52A-356-273
( 6.) Consider Resolution #4126 accepting paving
improvements constructed by Williams and Peters
Construction Co in Pheasant Run Addition Lots
326-361.
RESOLUTION #4126
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the provisions of Chapter 25 of the
City of Lubbock Code of Ordinances, the subdivider of Lots 326-361,
Pheasant Run Addition, made arrangements with Williams & Peters
Construction Company, Inc. for the construction of paving improvements
on certain streets dedicated in said subdivision under the provisions of
said Code prior to the recording of the subdivision plat for the
above -mentioned Addition, including the following streets:
The East half of Iola Avenue from the centerline of 79th
Street to the North end of the alley return North of 77th
Street, known and designated as New Subdivision Sub -Unit
Number 40 of Unit Number 2035.
77th Street from 11.78 feet West of the West end of radius
of Hope Avenue to the East lip line of Iola Avenue, known
and designated as New Subdivision Sub -Unit Number 41 of Unit
Number 2035.
78th Street from the West end of radius of Hope Avenue to
the East lip line of Iola Avenue, known and designated as
New Subdivision Sub -Unit Number 42 of Unit Number 2035.
The North half of 79th Street from the West end of radius of
Huron Avenue to the East lip line of Iola Avenue, known and
designated as New Subdivision Sub -Unit Number 43 of Unit
Number 2035.
The alley return of the West side of Hope Avenue between
77th Street and 78th Street, known and designated as New
Subdivision Sub -Unit Number 44 of Unit Number 2035.
April 22, 1993
Page 357
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer is hereby authorized and directed to notify the Subdivider of
acceptance by the Lubbock City Council, and to direct the payment of the
City's portion of the cost in the amount of $1,456.00 to the Contractor.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 22nd day of April, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This is a routine acceptance of paving improvements.
required at the time of platting this new
subdivision. These improvements consist of street
paving and curb and gutter on:
The east half of Iola Avenue from the
centerline of 79th Street to the north end
of the alley return north of 77th Street.
77th Street from 11.78 feet west of the
west end of radius of Hope Avenue to east
lip line of Iola Avenue.
78th Street from the west end of radius of
Hope Avenue to the east lip line of Iola
Avenue.
The north half of 79th Street from the
west end of radius of Huron Avenue to the
east lip line of Iola Avenue.
The alley return on the west side of Hope
Avenue between 77th Street and 78th
Street.
The City's participation is for the extra width
portion of the designated collector street, Iola
Avenue, which is in conformance with existing paving
policies. The City's cost of $1,456 is due the
contractor upon this acceptance.
April 22, 1993
Page 358
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4126
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
93-52A-358-274
( 7.) Consider Resolution #4127 authorizing an alley -use
license to the Lubbock Independent School District
for two lockable gates across the alley in Block 37,
Overton Addition (702 Avenue T).
RESOLUTION #4127
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
Alley Use License by and between the City of Lubbock and the Lubbock
Independent School District, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 22nd day of April, 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/ Harold Willard
Harold Willard, Assistant City Attorney
ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 22nd day of April, 1993, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and the LUBBOCK INDEPENDENT SCHOOL DISTRICT, of
Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK, TEXAS, does hereby grant to the LICENSEE, its successors and
assigns, the right, privilege and license to use portions of a dedicated
alley for two lockable gates, to -wit:
April 22, 1993
Page 359
TRACT 1
BEGINNING at the Northwest corner of Lot 13, Block 37,
Overton Addition to the City of Lubbock;
THENCE North 20.00 feet to a point;
THENCE East 5.00 feet to a point;
THENCE South 20.00 feet to a point;
THENCE West 5.00 feet to the POINT OF BEGINNING.
TRACT 2
BEGINNING at the Northeast corner of Lot 19, Block 37,
Overton Addition to the City of Lubbock;
THENCE North 20.00 feet to a point;
THENCE West 5.00 feet to a point;
THENCE South 20.00 feet to a point;
THENCE East 5.00 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years in any event unless either party
shall give written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case
may be, and the CITY OF LUBBOCK retains the right at its election to
cancel and revoke this license with or without cause upon notice to
LICENSEE with a sixty (60) day notice. Said notice shall be deemed
properly served if deposited in the post office, postage paid, addressed
to LICENSEE at the Lubbock Independent School District, 1628 19th
Street, Lubbock, Texas 79401-4895, or the last known address of
LICENSEE.
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of the license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK. In the
event LICENSEE 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 LICENSEE for which LICENSEE shall be
liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS
cash in advance contemporaneously with the acceptance and execution
hereof by LICENSEE for the first five (5) year term of this license, 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 based on an appraisal of the fair market
value of such land by the Right -of -Way Department of the CITY OF LUBBOCK
as applied to the formula for determining such rate established by the
City Council. 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 LICENSEE 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.
April 22, 1993
Page 360
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of any
nature occasioned by the construction as authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the
construction or use permitted herein 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 LICENSEE 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 LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license 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 LICENSEE, 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 license or the use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any contractors
hired by LICENSEE to perform the construction 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 permitted herein, to furnish, without expense to the CITY
OF LUBBOCK, a reliable surety bond, in an amount and in a form
satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions contained 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
LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or
demands in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits specified
by, and in a form satisfactory to the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
7. All of the covenants and provisions of this license 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 LICENSEE, 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).
April 22, 1993
Page 361
8. LICENSEE, by the 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
LICENSEE waives any and all claims in and to the public ways it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
AGREED TO AND ACCEPTED this day of
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
1993.
LICENSEE: LUBBOCK INDEPENDENT
SCHOOL DISTRICT
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DAVID R. LANGSTON,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed and in the capacity herein stated.
1993.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of April,
/s/ Beatriz M. Rodriguez
Notary Public
Lubbock County, Texas
April 22, 1993
Page 362
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 ,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity herein
stated as the act and deed of the Lubbock Independent School District.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1993.
93-52A-362-275
( 8.)
Notary Public
Lubbock County, Texas
This alley use license will be granted to the
Lubbock Independent School District for two lockable
gates across the alley at Ramirez Elementary. This
20-foot wide alley is located north of 8th Street
between Avenue U and Avenue T and is presently open
to all forms of traffic. The School District wants
the ability to close this alley on school days
during school hours to ensure the safety of their
students and teachers who must cross this alley to
reach other buildings.
According to staff memo, all utility companies and
City departments have been notified and all have
agreed to work with the school on this part-time
alley closure. The area being utilized for the
license is 5 feet by 20 feet (or 100 square feet) or
200 square feet for both gate areas. LISD will be
charged the minimum feet per year license fee of
$50. Staff recommended the issuance of this
alley -use license.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4127,
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #4128
WHEREAS, LUBBOCK DEVELOPMENT, INC., has offered to convey to the
City of Lubbock as a gift the fee simple title to a parcel of land
hereinafter described; and
WHEREAS, the City Council of the City of Lubbock has determined
and does hereby determine that it is in the public interest to acquire
title to said parcel and record said title in the Deed Records of
Lubbock, County, Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT LUBBOCK DEVELOPMENT, INC., be allowed to convey
to the City of Lubbock and the City hereby accepts as a gift the fee
simple title to the following described parcel of land located in
Lubbock County, Texas, to -wit:
Lot 13, Santa Fe Park Addition to the City of Lubbock,
Lubbock County, Texas.
April 22, 1993
Page 363
SECTION 2. THAT the Right -of -Way Agent of the City of Lubbock BE
and is hereby authorized to record said title to said parcel in the Deed
Records of Lubbock County, Texas.
Passed by the City Council this 22nd day of April, 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/ Harold Willard
Harold Willard, Assistant City
Attorney
This resolution authorizes the City by Warranty Deed
to accept as a gift Lot 13, Santa Fe Park Addition,
from Lubbock Development, Inc. This 60-feet wide by
188-feet lot is located at the southeast corner of
45th Street and Ironton Avenue.
According to staff memo, when the Santa Fe Park area
was platted and developed, the City required Lubbock
Development to provide drainage to cross the
existing railroad. The developer then dedicated
this Lot 13 area as a drainage easement and designed
it entirely for a drainage channel. Henry Huneke,
representing Lubbock Development, has now requested
the City's acceptance of this property. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4128
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
93-52A-363-276
(10.) BID #12318--Annual fuel pricing (Fleet Services).
Benton Oil Company--50,000 gl. Unleaded gasoline
transport load, del. price per gallon; 300,000 gl.
Diesel gasoline transport load, del. price per
gallon; 350,000 gl. Unleaded gasoline bobtail load,
del. price per gallon; 150,000 gl. Diesel fuel
bobtail load, del. price per gallon; 500,000 gl.
Unleaded gasoline vendor supplied fuel site; 100,000
gl. Diesel fuel vendor supplied fuel site.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
April 22, 1993
Page 364
93-52A-364-277
(11.) BID #12346--Mechanical street sweeper (Fleet
Maintenance).
STM Equipment, Arlington--1 ea. Mechanical Street
Sweeper Dual Power Source Spec. 911A.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-364-278
(12.) BID #12414--Annual pricing for auto and truck
batteries (Auto Parts Warehouse).
Continental Battery
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-364-279
(13.) BID #12507--Plant materials and installation at
various City parks (Parks and Recreation).
M&R Horticultural Services, Wolfforth
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-364-280
(14.) BID #12514--Plant materials (Parks and Recreation).
Richardson Seed of Lubbock, Inc.--5 lb. Lolium
Perenne, "Derby".
Jenco Wholesale Nurseries--14 ea. Cercis Canadensis-
"Oklahoma", 2-1/2 Caliper; 2 ea. Eleagnus
Angustifolia "Russian Olive" 2-1/2" Caliper; 65 ea.
Gleditsia Triacanthos "Shademaster" 2-1/2" Caliper;
12 ea. Malus Purpurea "Eleyi" 2-1/2 Caliper; 5 ea.
Pinus Cembroides 6' height; 21 ea. Pyrus Calleryana
"Bradford" 2-1/2" Caliper; 11 ea. Quercus Shumardi
"Texana" 2-1/2" Caliper; 102 ea. Ulmus Parvifolla
"Chinese Elm" 2-1/2" Caliper; 84 ea. Juniperus
Chinensis "Keteleerl" 15 gallon; 2006 ea. Juniperus
Procumbens "Nana" 1 gallon.
R.C. Young Seed--5 lb. Cynodon Spp Bermuda.
Curtis & Curtis, Inc., Clovis, NM--37 lb. Buchloe
Doctyloides "Comanche" or "Texoka" Buffalo Grass.
Tom's Tree Place--5 lb. Lolium Perenne "Palmer"
Perennial Ryegrass; 5 lb. Lolium Perenne "Manhattan
Teague Landscaping and Irrigation--2 ea. Robins
Pseudoacacia "Black Locust" 2-1/2" Caliper; 3 ea.
Sapindus Drummondi "Western Soapberry" 2-1/2"
Caliper.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
April 22, 1993
Page 365
L
93-52A-365-281
(15.) BID #12516--Annual pricing for agricultural seed
(Land Application Site).
R.C. Young Seed--1,000 lb. Grass seed; 150,000 lb.
Wheat seed; 10,350 lb. Alfalfa seed.
Richardson Seeds of Lubbock, Inc.--150,000 lb.
Triticale seed; 7,000 lb. Oat seed.
Seedco Corp.--150,000 lb. Hay Grazer seed; 4,600 lb.
Cowpea seed.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-365-282
(16.) BID #12517--South Plains Mall Transfer Center
(Citibus).
Hub City Pavers, Inc.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-365-283
(17.) BID #12522--Block 135, Building Demolition
(Citibus), Transfer Plaza (Citibus)
Wardroup and Associates
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52A-365-284
( 9.) Consider Resolution #4129 authorizing acceptance of
water and sewer improvements for Lots 39-131, King's
Park Addition.
RESOLUTION #4129
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 39 THROUGH 131, KINGS PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS.
WHEREAS, the developer of Lots 39 through 131, Kings Park 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 $167,864.24
with the improvements constructed by Utility Contractors of America,
having a value of $122,096.00 as determined by the unit prices
established by said Chapter 28 and $45,768.24 cash paid to the City,
which amount includes $43,365.29 for adjacent lines, with Lubbock
Development, Inc. the developer to receive a refund of $13,594.25 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:
April 22, 1993
Page 366
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 $13,594.25
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
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 22nd day of April, 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
Councilmember Ince recused from discussion and
voting on this item.
According to staff memo, this is a routine
acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$167,864.24, including value of construction costs
($122,096); $45,768.24 cash paid to the City of
Lubbock; and cost for adjacent lines ($43,365.29).
The developer, Lubbock Development, Inc., will
receive a refund of $13,594.25 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 Neugebauer,
seconded by Councilmember Patterson to authorize
Resolution #4129 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Ince
recused.
April 22, 1993
Page 367
93-52A-367-285
(18.) ORDINANCE #9605--Assessments for paving improvements
on the 1992 Assessment Paving Program (Project No.
9875).
ORDINANCE #9605
AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING
BLOCKS AND ADDITIONSX: THE EAST -WEST ALLEY ABUTTING LOTS 1-6, BLOCK 23,
ELLWOOD PLACE ADDITION; LOTS 1-11 AND 16-26, BLOCK 29, ELLWOOD PLACE
ADDITION; LOTS 289-293, SPANISH OAKS ADDITION; AND LOTS 131-134,
WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREET:
NORTH AVENUE N, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE
PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A
PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES
AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES
OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF,
ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED
BY CITY COUNCIL).
On March 25, 1993, the City Council conducted a
public hearing to consider paving assessments for
two alleys and one street, and approved the first of
three readings required for the paving assessment
ordinance.
After the public hearing, the Council made the
following decisions relative to these alleys and one
street.
Unit 2035-05 North Avenue N from North
Loop 289 to Wabash Street:
Delete this unit from the program.
Unit A-461-21 The East-West alley between
73rd Street and 74th Street from Slide
Road to Zoar Avenue:
Pave this unit as indicated on the plans
and assess the abutting property owners at
the calculated rate of 90% of the
construction cost if the majority of the
owners will execute an agreement stating
that they believe the enhancement value is
equal to the assessment rate set by the
City Council.
The required agreement has been signed by
67% of the property owners, and was
returned to the City on April 12, 1993.
Unit A-461-22 The East-West alley between
23rd Street and 24th Street from 100-feet
east of Elgin Avenue to Canton Avenue:
Delete this unit from the program.
However, following discussion with some of
the property owners, the Council stated
that if the majority of these owners would
sign a new petition requesting paving of
this alley, the Council would consider
placing this unit back on the program at
second reading of the ordinance.
April 22, 1993
Page 368
93-52A-368-286
(19.)
The new petition and a signed agreement
were received by the City as required.
The petition was signed by 61% of the
owners, and the agreement was signed by
65% of the owners.
Staff recommended approval of the ordinance on
second reading. This action, as previously approved
by Council, would delete Units A-461-22 and 2035-05
from the program and leave Unit A-461-21 on the
program. If Council decided to add paving of Unit
A-461-22, the alley between 23rd Street and 24th
Street, the ordinance would be amended prior to the
third reading.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Aderton to add Unit
A-461-22 to the 1992 Assessment Paving Program.
Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilmember Ince, seconded by
Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9605 as amended. Motion carried:
7 Yeas; 0 Nays.
ORDINANCE #9607--Zone Case #2118-U (9102 Vicksburg)-
-Hold a public hearing to consider continued request
of Larry Teaver (for Lakeridge Country Club Estates)
for a zoning change from R-1 Specific Use (for
ORDINANCE #9607
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2118-U; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR TENNIS COURTS TO R-1
SPECIFIC USE FOR GARDEN HOMES ON LOT B-1-C, LAKERIDGE COUNTRY CLUB
ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:05
a.m.
Jon Cieszinski appeared on behalf of Larry Teaver to
present this request for zone change from R-1
Specific Use (for tennis courts) to R-1 Specific Use
(for garden homes).
No one appeared in opposition. Mayor Langston
closed the hearing at 11:08 a.m.
David Jones, Director of Planning, presented staff
comments. This request for 5 garden home lots
facing a private drive on a portion of land adjacent
to the tennis courts of Lakeridge Country Club was
continued from the March meeting to allow the
developer time for discussing several concerns
expressed by occupants of the Villas (located just
south of the proposed project). Mr. Jones gave the
adjacent land use relationships as follow:
North
- Lakeridge clubhouse
South
- residential
East
- residential
West
- residential
April 22, 1993
Page 369
The proposal is to provide 5 lots within the .92
acre tract and will create a gross density of one
unit per 8000 sq. ft. The development, known as
Villas, to the south consists of 23 units on 164,515
square Pet, which represents a gross density of
7152 ft per unit as comparison. The density of
homes is 10% less in the proposed project than in
the Villas.
As residential, the proposal is consistent with both
Comprehensive Land Use Plan and Zoning policies.
The Planning and Zoning Commission noted a concern
expressed by a resident of the Villas during the
March meeting about the adequacy of the 25 foot
turn -around at the west end of the private drive.
The concern was whether or not a 25 foot turn -around
was large enough for fire equipment to negotiate.
The 25 foot radius is the same as several that exist
on private drives in the French Quarters of
Lakeridge and three feet less than several of the
"test" street cul-de-sacs in Preston Hills.
The Fire Department has provided information in the
past that suggests the largest equipment cannot turn
around in one movement in the 25-28 foot cul-de-sac,
but they also have trouble with the standard 40 foot
cul-de-sac if obstructed by a parked car or some
other obstacle. In this proposed subdivision, the
private drive is a straight extension from Vicksburg
that should provide adequate access for fire
equipment. Removing the trucks may involve some
backing movements.
The proponent requested development of this tract
` which was originally designated for tennis courts,
to garden homes. The Planning and Zoning Commission
recommended approval of this request by a vote of
6-1. Staff supported the recommendation of the
Planning and Zoning Commission.
93-52A-369-287
(20.)
Motion was made by Councilmember Cooke, seconded by.
Councilmember Aderton to pass on first reading
Ordinance #9607 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9608
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-R; A -ZONING CHANGE FROM C-2A TO A-1 ZONING ON A PORTION OF TRACT C,
SHADOW HILLS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:11
a.m.
David Goyette appeared on behalf of Gene Kelley to
present this request for zone change from C-2A to
A-1.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:17 a.m.
April 22, 1993
Page 370
David Jones, Director of Planning, stated that this
request is to zone the tract A-1 for apartments and
gave the adjacent land use relationships as follow:
North - golf course
South - vacant, zoned C3, GO and A-1
East - zoned R-1
West - zoned R-1
According to staff memo,, within the concept of the
original Planned Unit Development zone case, this
proposal is consistent with the Comprehensive Land
Use Plan. The tract was originally part of the golf
course adjacent to Tract R where the pro shop is
located. In 1985, the PUD was changed by a request
to re -zone the tract from golf course to C-2A.
Overall density remains within or below the
Comprehensive Plan target of 8,000 - 10,000 persons
per square mile. The adjacent areas, except for a
small pocket of homes approximately 200 feet to the
east, remain undeveloped. Apartments should not
affect future development any more or less than the
current provisions of C-2A.
Under fully developed conditions, the apartments
will create a dramatic increase for local traffic.
Although the proponent does not know the intended
number of units, the 12-acre tract can easily
accommodate 350 or more apartments. This parcel of
land currently has access to a thoroughfare
(Frankford) only on 3rd Street. A parcel at 3rd
Street and Frankford was recently rezoned for
apartments, and the area north of 3rd to 2nd
contains approximately 69 single family lots.
As a solution for the increase in traffic, the staff
discussed with the Planning and Zoning Commission an
off -site requirement not normally considered during
zone change requests. The P&Z Commission was asked
to forward a request to the City Council that,
pending research by the proponent on land ownership
to the south of the project (between 3rd and 4th
Streets), the developer possibly be required to
obtain right of way and pave a street to 4th at one
of several potential locations. Mr. Goyette agreed
to research the ownership and feasibility of a
reasonable acquisition.
Rather than making the additional street an actual
condition, the Planning and Zoning Commission
approved the request with a note to the Council
requesting that a condition be attached, pending the
results of the research by the proponent. The
Planning and Zoning Commission recommended approval
of this request by a vote of 7-0. Staff supported
the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to pass on first reading
Ordinance #9608, with the condition that right-of-
way be established prior to issuance of a building
permit; if the condition is not met, that the
developer return to the City Council for
reconsideration. Motion carried: 7 Yeas; 0 Nays.
April 22, 1993
Page 371
93-52A-371-288
(21.)
the west half of Lot 1. the north 234 feet of the
east 31 feet and 2 inches of Lot 1. the north 234
feet of the east 31 feet and 2 inches of Lot 2;
Block 7. Ellwood Place Addition.
ORDINANCE #9609
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1927-B; A ZONING CHANGE FROM R-3 AND C-3 SPECIFIC USE TO C-2 SPECIFIC
USE FOR ALL PERMITTED C-2 USES PLUS THEATRE AND STAFF OR VISITING ARTIST
LIVING QUARTERS ON THE NORTH 234 FEET OF THE WEST 79.3 FEET OF LOT 2,
THE NORTH 234 FEET OF THE EAST 27 FEET OF LOT 3, THE WEST 94 FEET OF THE
SOUTH 129 FEET OF LOT 4, THE WEST 83.5 FEET OF THE SOUTH 141 FEET OF LOT
3, THE NORTH 234 FEET OF THE EAST HALF OF LOT 1, THE NORTH 234.7 FEET OF
THE WEST HALF OF LOT 1, THE NORTH 234 FEET OF THE EAST 31 FEET AND 2
INCHES OF LOT 2; BLOCK 7, ELLWOOD PLACE ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:29
a.m.
Carlton M. Godbold appeared to request a zone change
from C-3 Specific Use to C-2 Specific Use. Mr.
Godbold reviewed the project to recycle the former
St. Mary Hospital and University City Club as an
ambitious project related to enhancement of the arts
in Lubbock.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:36 a.m.
David Jones, Director of Planning, presented staff
comments and gave the adjacent land use
relationships as follow:
North - Texas Tech
South - parking and single family
East - fraternity
West - fraternity
As a request from commercial to commercial, the
proposal is consistent with the Comprehensive Land
Use Plan. In terms of zoning policy, any use other
than the University City Club would require a zone
case to be processed since that facility was
operating under a Specific Use Permit. The staff
suggested Mr. Godbold submit his request C-2
Specific Use. The C-2 list of permitted uses will
address all the probable retail uses within the
structure except three noted on the site plan. The
Specific Use Permit addresses three items:
1. The theater noted on the site plan
is not a C-2 use. By site plan, the
small theater for activities in the
old restaurant area is permitted.
April 22, 1993
Page 372
2. Staff or guest residential - use of
the existing suites will be noted by
site plan.
3. The parking acquired on the property
and south across the alley does not
meet current C-2 requirements, and
the site plan shows 133 combined
spaces. When the proposed square
footage reserved for residential is
removed from the building square
footage, the property will be
approximately 100 spaces short of
the current code requirement. The
site plan approval within this
Specific Use Permit will simply
recognize this deficit and allow Mr.
Godbold to proceed with his project
with the understanding that the
property may be inhibited by lack of
parking in the future.
The project should have little net effect on the
adjacent thoroughfare system (19th Street and
University Avenue). One neighbor expressed concern
to use of the alley from University Avenue and
Boston Avenue for access to the parking. While not
preferable, the movement of vehicles for access to
this structure is a pattern that has been
established for many years.
The Planning and Zoning Commission recommended
approval of this request by a vote of 7-0. Staff
supported the recommendation of the Planning and
Zoning Commission.
Motion was made by Councilmember Aderton, seconded
by Councilmember Ince to pass on first reading
Ordinance #9609 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
93-52A-372-289
(22.) ORDINANCE #9610--Zone Case #1893-0 (525 N. Frankford
Avenue) --Hold a public hearing to consider request
of Bill Sisson for a zoning change from R-1 Specific
Use to C-2 on Tract B-2, Shadow Hills Addition.
ORDINANCE #9610
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-Q; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-2 ZONING ON TRACT
B-2, SHADOW HILLS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:40
a.m.
Bill Sisson appeared to request a zone change from
R-1 Specific Use to C-2.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:41 a.m.
April 22, 1993
Page 373
David Jones, Director of Planning, presented staff
comments. The request is a down zone from a C-4 use
(plant nursery) that was permitted by the R-1
Specific Use Permit. Mr. Jones gave the adjacent
land use relationships as follow:
North - vacant C-2
South - R-2 developed as townhomes
East - zoned C-2, vacant
West - R-2 developed as townhomes
According to staff memo, the request is consistent
with commercial policy from the Comprehensive Land
Use Plan, and the property was zoned C-2 prior to
the nursery request. The Planning and Zoning
Commission recommended approval of this request by a
vote of 7-0. Staff supported the recommendation of
the Planning and Zoning Commission.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Patterson to pass on first
reading Ordinance #9610 as recommended by P&Z and
City Staff. Motion carried: 7 Yeas; 0 Nays.
93-52A-373-290
(23.) Hold a public hearing for the Emergency Shelter
Grant Program.
Mayor Langston opened the public hearing at 11:42
a.m.
Sandy Ogletree, Community Development Administrator,
briefly reviewed the projects recommended for
funding. In response to a question from Abraham
Spires regarding the study of the number of homeless
in Lubbock, Ms. Ogletree responded that the study
was conducted by the Lubbock Homeless Consortium.
Mayor Langston closed the hearing at 11:50 a.m.
According to staff memo, the Emergency Shelter Grant
Program is an Entitlement Grant that has been
received by the City of Lubbock since 1987 to assist
in the provision of services to the homeless. The
City of Lubbock's Fiscal Year 1993 allocation is
$38,000. The emphasis of the Grant is on the
renovation and rehabilitation of facilities and
homeless prevention activities. A citizen review
committee has reviewed the project proposals and a
complete description of the projects was included as
Exhibit A.
The applications for funding were reviewed by a
committee which is comprised of Rev. Larry Brooks of
the Community Development Advisory Committee, Ms.
Myra Burris of the Community Services Advisory
Committee, Mr. Archie Hall of the Human Relations
Commission, and Ms. Nancy Haney of the Homeless
Consortium.
Upon review of the project proposals and the
facilities, the Committee recommended the following
projects for funding:
MHMR - Jim Kimmel Center $25,500
Women's Protective Services 10,600
Homeless Consortium Workshop 500
Administration 1.400
$38,000
April 22, 1993
Page 374
The proposals for Women's Protective Services and
MHMR Jim Kimmel Center include the rehabilitation of
facilities. The Women's Protective Services
proposal includes funding for essential services and
operating assistance for the shelter and
specifically for a social services advocate, a
position also partially funded by the State. The
Homeless Consortium request involves the
co-sponsorship of a workshop which would bring
together service providers in the area of "homeless"
and would provide an opportunity to exchange ideas
on successful programs as well as fund raising and
grant opportunities. The basis for the
recommendation is to continue to upgrade community
facilities which provide services to the homeless.
A recently completed survey by the Lubbock Homeless
Consortium included an assessment of both literal
and marginal homelessness. Literal homelessness is
defined as those who have no place to live and stay
in shelters, public places and abandoned buildings.
The marginally homeless are those people who live
doubled up in a residence that they do not own nor
rent and report a high level of precariousness; they
believe that the arrangement is temporary, and they
have no prospects for a similar or better
arrangement. The total number of literally homeless
persons identified by the study was 234. The study
revealed a range of 11,500 to 19,500 individuals who
were marginally homeless during the preceding twelve
months. The study drew several conclusions based
upon these findings which included:
1. At the present time, literal
homelessness does not appear to be
as pressing of a problem as marginal
homelessness.
2. Children were involved in the
majority of episodes of both literal
(in shelters and on the street) and
marginal homelessness.
Generally the conclusions of the study were toward a
need for more comprehensive services with a longer
duration. The WPS and MHMR proposals address these
transitional living needs. Staff recommended
approval.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Patterson to approve the
following projects for funding under the Emergency
Shelter Grant Program:
MHMR - Jim Kimmel Center $25,500
Women's Protective Services 10,600
Homeless Consortium Workshop 500
Administration 1,400
$38,000
Motion carried: 6 Yeas; 0 Nays--Councilmember Ince
absent from the Chambers.
April 22, 1993
Page 375
93-52A-375-291
(24.) Consider Ordinance #9611 correcting metes and bounds
description of Enterprise Zone Boundary.
ORDINANCE #9611
AN ORDINANCE AMENDING ORDINANCE NO. 9591 OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO THE METES AND BOUNDS DESCRIPTIONS OF LUBBOCK SOUTH
ENTERPRISE ZONE AND LUBBOCK NORTH ENTERPRISE ZONE; PROVIDING AN
AMENDMENT TO THE AREA OF LUBBOCK NORTH ENTERPRISE ZONE; PROVIDING AN
AMENDMENT TO THE CENSUS TRACT DESCRIPTION OF LUBBOCK NORTH ENTERPRISE
ZONE; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION.
According to staff memo, this ordinance will correct
a few metes and bounds and add some which were
omitted in the original Enterprise Zone Ordinance
#9591. This ordinance is necessary to obtain Texas
Department of Commerce approval of the enterprise
zone application.
Staff recommended approval.
Motion was made by Councilmember Neugebauer,
seconded by Mayor Pro Tem Trejo to pass on first
reading Ordinance #9611 as recommended by Staff.
Motion carried: 4 Yeas; 0 Nays--Councilmember Cooke
and Councilmember Patterson recused. Councilmember
Ince absent from the Chambers.
93-52A-375-292
(25.) Consider Ordinance #9612 abandoning and closing a
street designated as 22nd Place adjacent to Lot A,
Saint Mary's Addition (4001 22nd Place).
F '
ORDINANCE #9612
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STREET
DESIGNATED AS 22ND PLACE AND LOCATED IN 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.
According to staff memo, this ordinance abandons and
closes a 607.50-foot by 60-foot portion of 22nd
Place between Oxford Avenue eastward to Nashville
Avenue for Saint Mary's Hospital. Saint mary's owns
all of the property on both sides of 22nd Place
except for a tract on the north side of the street
next to Oxford Avenue, which is owned by Methodist
Hospital, who has given their permission for this
street closing.
One reason for this closure is for the safety of
employees and visitors who cross 22nd Place from the
main hospital unit to the facilities located in the
St. Mary's Plaza Unit which houses physician
offices, patient services, and hospital operation.
The second reason is to provide more parking space
for visitors and employees.
April 22, 1993
Page 376
The total area being closed is 36,590.4 square feet.
The Lubbock Appraisal District has all of the
medical district land from Indiana Avenue westward
to Quaker Avenue valued at $7 per square foot. The
property in this area and especially vacant property
with no improvements, is valuable for medical
expansion purposes and is in great demand.
According to the appraiser, Merle Blosser, land
sales in this area range from $6 per square foot to
$10 per square foot, with a median of $7 to $8 per
square foot. That qualifies the valuation of the
street area being closed at $7 per square foot.
Using this $7 per square foot figure, staff arrived
at a valuation of $256,132.80.
The street area will remain as a drainage and
utility easement which prohibits the hospital from
building over it. Considering these factors, the
Right -Of -Way Department values this area being
closed at 40% of the appraised value, or
$102,453.12. Saint Mary's has submitted a request
to purchase this street area from the City for
$35,000, noting that it will remain open for
drainage and utilities and that they are only going
to block and close the Nashville Avenue entrance and
leave the street as is at this time. However, their
plans could change and they could block both ends of
the street and totally reconstruct the street area
into a new parking lot and install a drainage
channel.
All utility companies and City departments have been
advised of this closure request. Staff explained
that Saint Mary's Hospital has a credit of $12,000
for dedicated land and recommended the approval of
this ordinance at the calculated value of
$102,453.12, less $12,000, for a total of
$90,546.12.
Bill Weldon, Saint Mary's Hospital Vice President
for Planning and Development, proposed that the
Council accept $45,000 for the property rather than
the recommended $90,546.12.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to pass on first reading
Ordinance #9612, and approving $90,546.12 for the
property. Motion carried: 6 Yeas; 0 Nays--
Councilmember Ince absent from the Chambers.
April 22, 1993
Page 377
93-52A-377-293
(26.) Consider Resolution #4130 authorizing the Mayor to
and operating assistance.
RESOLUTION #4130
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 for a grant, under the Department of Transportation, Federal
Transit Act, as amended, to provide for Technical Studies, Capital, and
Operating Assistance for the period from June 1, 1993, through September
30, 1994, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of April, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, 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 Grant Application is filed with Resolution No. 4130.
According to staff memo, approval of this grant is
necessary to continue the current level of service
for fiscal year 1993-94 and to provide capital
assistance from June 1, 1993, through September 30,
1994. The capital grant will commence June 1, 1993,
to allow Texas Tech University to begin construction
of the bus pullouts this summer.
The capital assistance portion of the grant is 80%
federally funded and 20% local share. The
replacement van is to replace a 1986 Demand Response
Service van which has over 200,000 miles. The five
bus pullouts and the ten bus shelters are to be
constructed on the Texas Tech University (TTU)
campus, with the local share ($47,000) coming from
TTU.
Federal City
Item Total Share Share
Replacement Van $ 65,000 $ 52,000 $13,000
Bus Pullouts 200,000 160,000 0
Bus Shelters 35.000 28.000 0
TOTAL CAPITAL $300,000 $240,000 111,000
April 22, 1993
Page 378
The technical studies portion of the grant is
required for the planning necessary to maintain
eligibility for capital and operating assistance.
This portion of the grant is 80% federally funded
and 20% locally funded. The federal government will
fund $28,000 of the grant, and the City of Lubbock
will fund the remaining $7,000. The technical
studies portion of the grant will be for fiscal year
1993-94. In addition to the $35,000, the
Metropolitan Planning Organization has allocated
$90,000 for transit technical studies ($58,824 from
FHWA Section 112 funds, $13,176 from FTA Section 8
funds, and $18,000 from TxDOT match).
The operating assistance portion of the grant is
funded by 50% federal share and 50% local share.
The operating portion of the fiscal year 1993-94
grant, as submitted, will include a local share of
$1,346,920, of which $626,920 will be provided by
the City of Lubbock, $401,600 by TTU student fees,
$18,400 by route guarantees, and $300,000 by the
State Public Transportation Funds.
The total City share for fiscal year 1993 is
$642,000, which consists of $590,000 for operating,
$52,000 for capital, and none for technical studies.
The City share for fiscal year 1994 is $646,920, and
of that amount, $626,920 is for operating, $13,000
is for capital, and $7,000 is for technical studies.
The final Citibus budget for fiscal year 1994 will
be subject to approval by the City Council through
the City's normal budget process. At their March
23, 1993, meeting, the Lubbock Public Transit
Advisory Board recommended that the City submit this
application to the Federal Transit Administration.
The staff recommended approval of the application.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to authorize
Resolution #4130 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Ince absent
from the Chambers.
April 22, 1993
Page 379
%IK�•�'•L`�3�16'•� •Z !
(27.) Consider Resolution #4131 authorizing the Mayor to
sign a contract with Texas Tech University for
campus bus service.
RESOLUTION #4131
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
contract by and between City Transit Management Company, Inc., Texas
Tech University and Texas Tech University Health Sciences Center, and
the City of Lubbock for campus bus service, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of April, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
`w APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Contract between the City of Lubbock and Texas Tech
University is filed with Resolution No. 4131.
The contract with Texas Tech University (TTU) for
transit services is for a one-year, beginning August
30, 1993 and ending August 31, 1994. Contract cost
per hour will be $29.75 for each bus (an increase of
$.75 per hour), with fuel cost adjustment above or
below $1.05 per gallon. Citibus has had a contract
with TTU since 1968, with the fuel cost adjustment
being added to the contract in 1981. In accordance
with the TTU contract, Citibus does not collect
fares from its passengers.
According to staff memo, the City of Lubbock
receives an equal amount from the Federal Transit
Administration for each dollar collected from TTU.
The additional funds are used to pay for system
expenses which otherwise would have to be paid by
the City. Citibus anticipates receiving $401,600
from TTU in FY93.
April 22, 1993
Page 380
93-52A-380-295
(28.)
93-52A-380-296
(29.)
During the fall and spring semesters, Citibus will
provide eleven buses (with wheelchair lifts) on two
routes operating from approximately 7:00 a.m. to
5:30 p.m., Monday through Friday. During the summer
semester, Citibus will provide three buses operating
from 7:30 a.m. to 3:30 p.m., Monday through Friday.
The contract calls for a minimum of 13,500 hours of
service, and Citibus provides this service with all
part-time operators.
The TTU Board of Regents will consider approval of
the contract at their meeting on May 13 and 14,
1993. The TTU Board of Regents requested that the
City Council execute the contracts first. Staff
recommended approval of the TTU contract.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Trejo to authorize Resolution #4131 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays--Councilmember Ince absent from the Chambers.
Consider a resolution authorizing the Mayor to sign
an agreement and related documents with Community
Health Center of Lubbock for LAN application and
related expenses.
This item was deleted from the agenda.
Consider Ordinance #9613 authorizing the issuance of
CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER
SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF
OBLIGATION, SERIES 1993.
ORDINANCE #9613
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1993; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SEWER
SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND
DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES; AND PROVIDING AN EFFECTIVE DATE.
On March 25, 1993, the City Council passed a
resolution approving and authorizing publication of
notice of sale and notice of intention to issue
$14,480,000 of certificates of obligation for
Project C of the SRF Wastewater Treatment Plant.
These certificates were to be issued for the purpose
of paying contractual obligations to be incurred
for:
I. The construction of improvements and
extensions to the City's Wastewater
Treatment System, to wit: discharge
pipeline to North Fork Double
Mountain Fork Brazos River, renovate
and upgrade two existing treatment
plants, and convert existing
administration building to a
laboratory and,
II. Professional services rendered in
connection therewith.
April 22, 1993
Page 381
This is the final increment of a $50,600,000 total
program of the sewer system improvement. On March
28, 1993 and April 4, 1993, the publication of
notice of sale and notice of intention to issue was
published in the Avalanche Journal.
Upon approval of this ordinance on first reading and
if no petition protesting the issuance of these
certificates bearing valid petition signatures of at
least 5% of the qualified voters of the City has
been filed with the City Secretary, any member of
the City Council or any other official of the City
on or prior to May 13, 1993, the ordinance will be
read for passage a second and final time.
This is a routine action in the process of issuing
these $14,480,000 certificates of obligation, and
staff recommended approval of the ordinance.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on first reading
Ordinance #9613 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Ince absent
from the Chambers.
The City Council recessed at 12:15 and convened as a regulatory body to
consider the following item.
93-52A-381-297
(30.) Sitting as a regulatory body, consider an order
setting a date for a public hearing concerning a
rate change for South Plains Electric Cooperative.
RESOLUTION #4132
ORDER
AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
SITTING AS A REGULATORY AUTHORITY PURSUANT TO ARTICLE 1446c, VERNON'S
ANNOTATED CIVIL STATUTES (PUBLIC UTILITY REGULATORY ACT) PERTAINING TO A
RATE CHANGE APPLICATION FILED WITH THE CITY SECRETARY BY SOUTH PLAINS
ELECTRIC COOPERATIVE.
WHEREAS, South Plains Electric Cooperative filed an application
with the City Secretary of the City of Lubbock on April 1, 1993, to
change its electric tariffs effective June 1, 1993; and
WHEREAS, such change appears to be a major change as defined by
the PURA; and
WHEREAS, the City Council of the City of Lubbock is required by
law to conduct a hearing upon said rate change request; NOW THEREFORE:
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
April 22, 1993
Page 382
THAT a hearing with regard to the rate change application filed by
South Plains Electric Cooperative with the City Secretary of the City of
Lubbock on April 1, 1993, is set for hearing at the City Council
Chambers of the Lubbock Municipal Building at 11:00 o'clock A.M., May
13, 1993.
Ordered by the City Council this 22nd day of April, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant City
Manager/Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
On April 1, South Plains Electric Co -Op filed an
application with the City Secretary to change its
electric tariffs effective June 1, 1993.
The proposed change appears to be a major change as
defined by law, and the City Council is required to
conduct a hearing upon this rate change request.
Staff recommended that the date for the hearing be
set for May 13, 1993 at an appropriate time during
the Council meeting.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilmember Aderton to set the public hearing
concerning a rate change for South Plains Electric
Cooperative for May 13, 1993 at 11:00 a.m. Motion
carried: 6 Yeas; 0 Nays.
The City Council reconvened the regular meeting at 12:16 p.m. At 12:17
p.m., the City Council recessed for lunch, work session, and then
executive session.
(31.) Hold an executive session, in accordance with
Article 6252-17, Sec. 2(e), VATS, to review pending
litigation under the control of City Attorney's
Office for the following departments.
Police
Planning
Personnel
Codes Enforcement
Airport
Municipal Court
Parks and Recreation
LP&L
Finance
Citibus
April 22, 1993
Page 383
93-52A-383-299
(32.) Hold an Executive Session, in accordance with
Article 6252-17, Sec. 2(g), VATS, to discuss
personnel matters regarding duties,
responsibilities, and/or appointments to:
Neighborhood Redevelopment -Urban
Renewal -Southeast Lubbock Development
Corporation Board
Zoning Board of Adjustment
Boards and Commissions Advisory Committee
Keep Lubbock Beautiful
Permit and License Appeal Board
Human Relations Commission
Planning and Zoning Commission
The Council reconvened their meeting at 4:30 p.m. Mayor Langston did
not return and was absent for the remainder of the meeting.
93-52A-383-300
(33.) Consider two appointments to the Neighborhood
Redevelopment -Urban Renewal -Southeast Lubbock
Development Corporation Board. The terms of Mac
McWhorter and Elaine McNair have expired.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to appoint Robert Jones and
Freddie Shuler to the Neighborhood Redevelopment -
Urban Renewal -Southeast Lubbock Development
Corporation Board. Motion carried: 6 Yeas; 0 Nays.
93-52A-383-301
(34.) Consider one appointment to the Zoning Board of
Adjustment. The term of Jerry Schaffner has
expired.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to reappoint Jerry
Schaffner to the Zoning Board of Adjustment. Motion
carried: 6 Yeas; 0 Nays.
93-52A-383-302
(35.) Consider one appointment to the Boards and
Commissions Advisory Committee to replace Damon
Hill.
93-52A-383-303
(36.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to appoint Roosevelt
Carroll to the Boards and Commissions Advisory
Committee. Motion carried: 6 Yeas; 0 Nays.
Downum, Sara Williamson, Mark Ivey, Cynthia
McKinney, Gordon Wilkerson, Harry Hays, John
Alamanza and Clyde Blakely expire on April 12, 1993.
April 22, 1993
Page 384
93-52A-384-304
(37.)
93-52A-384-305
(38.)
93-52A-384-306
(39.)
Motion was made by Councilmember Cook, seconded by
Councilmember Neugebauer to appoint Cathy Jones, Mia
Diakemper, and James Tuttle and reappoint Gordon
Downum, Sara Williamson, Mark Ivey, Cynthia
McKinney, Gordon Wilkerson, Harry Hays, John
Alamanza, and Clyde Blakely to Keep Lubbock
Beautiful. Motion carried: 6 Yeas; 0 Nays.
1993.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to reappoint Rick Harris
and Brad Baccus to the Permit and License Appeal
Board and to hold on the replacement for John L.
Wilson. Motion carried: 6 Yeas; 0 Nays.
Consider six appointments to the Human Relations
May 25, 1993.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to appoint Bill Johnson and
Jerestene Leath and reappoint Archie Hall to the
Human Relations Commission and to hold on the
replacements for Vivian Hupp and Fulton Berry.
Motion carried: 6 Yeas; 0 Nays.
Consider one appointment to the Planning and Zoning
Commission to replace Alfred Velasquez, who
resigned.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to hold on the appointment
to the Planning and Zoning Commission. Motion
carried:. 6 Yeas; 0 Nays.
April 22, 1993
Page 385
There being no further business to dome beffe
by Councilmember Patterson, seconded by Counc
the meeting at 4:32 p.m. Motion carried:_-.C,(
ATTEST:
�� a- C--�L
B tty ff. Johnsoo, City Secretary
Council, motion was made
memoerl"on to adjourn
; 0 N_aK.
Read and approved this the 13th day ofVn
3.
L'
R. LAO-CTM11,M R
ATTEST:
&-cc, lk
Betty : Johns n, City Secretary