Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 12, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of August, 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 Randy Neugebauer, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Alex Cooke, Councilmember Max L. Ince, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Mayor Langston called the meeting to order at 10:15 A.M. ( 1.) The Invocation was given by Bob Cass, Acting City Manager. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. Board Appointments 93-52B-649-531 ( 3.) Presentation to Warlick Carr for 17 years of service as a member of the Canadian River Municipal Water Authority Board of Directors. Mayor Langston presented a plaque to Warlick Carr in recognition of his 17 years of service on the Canadian River Municipal Water Authority Board. 93-52B-649-532 ( 4.) Passage of Resolution #4211 recognizing Robert "Bob" Nash for his contributions to the Lubbock community. RESOLUTION #4211 WHEREAS: Robert A. "Bob" Nash was a major contributor of his time and talents and was an unselfish advocate for the betterment of the City of Lubbock and the entire Llano Estacado; and WHEREAS: His tireless efforts to help Lubbock grow and prosper included many years of service on civic, community and charitable boards and commissions; and WHEREAS: He served as the first Councilman elected from District 4, and his term on the City Council left a lasting legacy of service to Lubbock which will be felt for many years to come; and August 12, 1993 Page 650 WHEREAS: His love for the West Texas region and its 12,000-year history as recorded in its sacred soil guided him throughout his life to study and to strive to preserve that heritage for all future generations; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT this City Council recognizes the tremendous contributions made to this community by Mr. Nash and mourns the passing of a beloved colleague and friend. Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston David R. Langston, Mayor /s/ Randy Neugebauer Randy Neugebauer Mayor Pro Tem Councilman, District 5 /s/ T. J. Patterson T. J. Patterson, Councilman District 2 /s/ M. J. Aderton M. J. "Bud" Aderton Councilman, District 3 /s/ Max L. Ince Max L. Ince, Councilman District 4 /s/ Alex Cooke Alex "Ty" Cooke, Councilman District 6 ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Acting City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney With the passing of civic leader and former City Councilmember Bob Nash, the City Council wished to honor his work and his memory with the passage of a resolution which recognizes his love for Lubbock, his service to the community, and his service as a City Councilmember. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4211 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. August 12, 1993 Page 651 93-52B-651-533 ( 5.) Hear request of Kaye Boyd and Marty Fanning to widen 82nd Street from Avenue U to Tahoka Highway. This item was deleted from the agenda. ( 6.) Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to approve the minutes of the July 22, 1993 Regular City Council Meeting and the August 2, 1993 Special City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. 93-52B-651-534 ( 7.) Frankford Avenue from 82nd Street to 98th Street. ORDINANCE #9632 AN ORDINANCE AMENDING THE PRIMA FACIE SPEED LIMIT ON FRANKFORD AVENUE FROM 500 FEET SOUTH OF SPUR 327 TO 98TH STREET TO BE 45 MPH; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Section 2 of the ordinance was changed slightly from first reading for codification reasons but the action considered by the Council is unchanged. Staff recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9632 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. August 12, 1993 Page 652 490*4:M:1•fAMICIi ( 8.) Consider Resolution #4212 authorizing the Mayor to execute a paving release for the 1992 Assessment Paving Program (Avenue N). RESOLUTION #4212 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 Partial Paving Release concerning certain paving units which were deleted from the 1992 Assessment Paving Program, and also to release certain abutting properties for which it was determined that no assessments were needed, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 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 PARTIAL PAVING RELEASE THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, by Resolution No. 3984 passed by the City Council on October 6, 1992, determining the necessity for making certain street and alley improvements as therein designated, which Resolution was filed as a matter of record in Volume 4006, Pages 210-211 (inclusive) of the Official Real Property Records of the County Clerk of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and WHEREAS, the City Council of the City of Lubbock finds and determines that the liens and/or clouds against certain abutting properties created by the filing of such Resolution should be released against such properties as are hereinafter described for the reasons hereinafter stated; NOW THEREFORE: August 12, 1993 Page 653 KNOW ALL MEN BY THESE PRESENTS: I. THAT Unit Number 2035-05, North Avenue "N" from N. Loop 289 to Wabash Street, was considered by the City Council and then deleted from the program at the public hearing. Therefore, no assessment was made or will be made against those abutting properties as a result of such hearing. II. THAT all of the properties to which this partial release is applicable as hereinabove described are located within the corporate limits of the City of Lubbock, Lubbock County, Texas, and this Release is only applicable to the properties hereinabove specifically described. All interests and/or liens not specifically herein released are hereby retained by the City of Lubbock. EXECUTED this 12th day of August, 1993. 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/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of August, /s/ Olivia R. Solis Notary Public in and for the State of Texas Commission Expires: 11/30/93 August 12, 1993 Page 654 93-52B-654-536 ( 9•) This is a routine item whereby the Council releases any cloud of title or liens which may have been placed against properties abutting Avenue "N" from North Loop 289 to Wabash Street, a unit of proposed paving on an assessment program which was deleted from that program. The City Council deleted Avenue "N" from the 1992 Assessment Paving Program at the public hearing on March 25, 1993. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4212 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4213 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 83-102, West View Addition made arrangements with Craft Contracting Corporation for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinances prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets: 69th Place from the Northwest corner of Lot 87, West View Addition to the West lip line of Fulton Avenue, known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2035. Fulton Avenue from the South lip line of 69th Street to the cul-de-sac South of 69th Place, known and designated at New Subdivision Sub -Unit Number 54 of Unit Number 2035. The alley return on the South side of 69th Street East of Fulton Avenue, known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2035. WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: August 12, 1993 Page 655 :1=ai:1UQWTI Ioil : TMkI Ia@111K011111► 0Iwo] aI:I:94K010ILIl3%Zdf SECTION 1. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 12th day of August, 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 to the following: 69th Place from the northwest corner of Lot 87, West View Addition to Fulton Avenue. Fulton Avenue from 69th Street to the cul-de-sac south of 69th Place. The alley return on the south side of 69th Street east of Fulton Avenue. There is no city cost due the contractor upon this acceptance. The Planning and Zoning Commission allowed a test section for roll curb on this portion of Fulton Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4213 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. August 12, 1993 Page 656 93-52B-656-537 (10.) Consider Resolution #4214 authorizing acceptance of water and sanitary sewer improvements for Lots 83-102, West View Addition. RESOLUTION #4214 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 83 THROUGH 102, WEST VIEW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 83 through 102, West View 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 $28,866.95, with the improvements constructed by Craft Construction Company having a value of $17,944.60, as determined by the unit prices established by said Chapter 28 and $10,922.35 cash paid to the City, which amount includes $8,248.12 transferred funds for adjacent lines with Craft Development Corporation, the developer, to receive a refund of $6,741.13 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $6,741.13 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 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ernest J. Bradbury Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney August 12, 1993 Page 657 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 $28,866.95 and includes the value of construction costs ($17,944.60) and $10,922.35 cash paid to the City of Lubbock, which includes $8,248.12 transferred funds for adjacent lines. The developer, Craft Development Corporation, will receive a refund of $6,741.13 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 Cooke, seconded by Councilmember Aderton to authorize Resolution #4214 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-657-538 (11.) BID #12659--Shop building (Land Application Site). RESOLUTION #4214-B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Sunwest Construction Company to construct a shop building at the Land Application Site, 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 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney August 12, 1993 Page 658 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of August, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Sunwest Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12659--Shop Building (Land Application Site) in the amount of $52,100.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Sunwest Construction Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Sunwest Construction Co. 3330 70th, Suite #111 Lubbock, Texas 79413 August 12, 1993 Page 659 93-52B-659-539 (13.) Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4214-B as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Sewell Addition (6002 19th Street). ORDINANCE #9633 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ACCESS EASEMENT LOCATED IN SECTION 9, BLOCK J-S, LUBBOCK COUNTY, TEXAS, AND PORTIONS OF A 20-FOOT ALLEY LOCATED IMMEDIATELY SOUTH OF TRACT "B", SEWELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. These three areas are located just north of Gene Messer Ford and are being closed for expansion purposes. The north -south 20' by 257.50' access easement is located adjacent to Lot 9, Sewell Addition, and the two east -west alley portions (20' by 340' and 20' by 210.08') are located adjacent to each other and run along the south side of Tract "B" Sewell Addition. The alley areas being closed will revert back to underground utility easements and garbage service easements. Messer was the original dedicator and there will be no charge for their closure. All utilities are in agreement and the preliminary plat has been submitted. The $150 application fee has been paid. The Right -of -Way Department recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9633 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. August 12, 1993 Page 660 93-52B-660-540 (14.) 9400 Block of Boston Avenue. RESOLUTION #4215 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and related documents with the Resolution Trust Corporation (RTC) for the purchase of the University Pines Duplexes at a cost not to exceed $350,000.00 for use in the Affordable Housing Program with the further goal of providing affordable housing for the elderly utilizing HOME funds as required to modify the rental units for use by the elderly. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of August, 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, Housing & Community Development Coordinator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement with Resolution Trust Corporation (RTC) for the purchase of University Pine Duplexes is filed with Resolution No. 4215. For the last several months, the Housing and Community Development Department has been aggressively pursuing with the Resolution Trust Corporation the possible acquisition of University Pines Duplexes, in the 9400 Block of Boston Avenue. The property consists of 8 duplexes, or 16 units. The property has been offered for sale to public agencies under the RTC's property disposition program. Under this program, if the City does not express an interest in the project, the property is then offered to the non-profit sector followed by an offer to the private sector. Since the origination of RTC's disposition program, there have been numerous non-profit outfits formed throughout the nation to take advantage of this acquisition program. August 12, 1993 Page 661 The HOME Investment Partnership program requires a 25- 30 percent match in order to participate in the program. The City has received two allocations under the program of $1,100,000 and $701,000 in FY 1992 and FY 1993, respectively. The match requirement was waived by federal law in FY 1992. The City has a match obligation of $87,625 for FY 1993 and will have to be available at the time of expenditure. The requested FY 1994 appropriation under the program is $1.25 billion, with an estimated Lubbock allocation of $876,250, and this will require a match of $219,062. The current appraised value of the University Pines properties is $597,000. All match can be used until it is exhausted, so this project is estimated to fulfill the City's FY 1993 and 1994 requirement with a remaining match balance of $290,313, which is available for future years. The best source of match is the appraised value of land or property donated by the City into the HOME program. An example of this type of match is the appraised value of the properties acquired along Indiana Avenue which provided the HOPE III match. The City purchased the properties, then donated them into the HOPE program. This same approach is recommended for the HOME program, utilizing the University Pines properties. The City routinely reviews the available property listings and is currently working with the Lubbock Housing Authority to acquire two complexes, 54 units. The recommendation on the University Pines property is for the City to directly purchase the property with a short-term bridge loan from the RTC, so that the appraised value of the property can be used to match other HUD funding, specifically HOME. The next step in the acquisition process is the calculation of the City's offer and the submission of this offer by contract to the RTC. Under the provisions of the Affordable Housing Program, 20 percent of the rental units must remain affordable for low and very low income residents. The Affordable Housing Restrictions are included in the deed conveyance and run with the property for 40 years. The sales price for RTC properties is determined not by market appraisal prices, but by the amount of debt service that can be accommodated from operations after the rent controls are in effect. This amount is called the Affordable Derived Investment Value (ADIV). The ADIV is a negotiated purchase price based on assumptions of income and expenses and the resultant level of debt service capability for the individual project. August 12, 1993 Page 662 The following is a summary of the calculation of the ADIV: Potential Rent Rev. $ 96,660 Allowable Deductions (13,934) Other Revenue 2,779 $ 85,505 Operating Expenses: (variable) (27,157) fixed (20,479) Replacement Reserve 4,000) Net Operating Income 111,.869 Using the RTC required debt coverage ratio of 1:1.7 ($1.17 available for each $1.00 of mortgage payment), the total annual debt service would be $28,943, resulting in a cash flow after debt service of approximately $4,921 per year or $410 per month. After applying the RTC dictated FNMA interest rate of 9.665 percent, the supportable loan amount would be $299,776 and is also the proposed purchase price. However, the finally agreed upon purchase price is a negotiated price based on RTC's projections of income and expenses and the resulting Derived Investment Value compared to the price based on the projected income, expenses, and proposed value. Currently the RTC is proposing a value of approximately $350,000 and staff is proposing a value of $299,776. Once an agreed upon Affordable Derived Investment Value is reached with the RTC, the RTC will sell the property to the City at the ADIV price with 99 percent seller financing on a 2-year bridge loan basis, and this will require 1 percent earnest money that is credited at closing. The intent is to request the 1 percent from the Lubbock Housing Finance Corporation which will amount to $3,000- $3,500. At the end of 2 years, the bridge loan may be converted to a 95 percent loan utilizing RTC permanent, fixed rate financing or some other type of long term fixed financing, i.e., mortgage bond financing. The intent is to continue utilizing a private management company and to fill vacancies with income qualified elderly residents as units become available. Staff does not anticipate closing the deal for at least six months. All due diligence of the property and its operations under the intended Affordable Housing Program has been completed. The appraised value of the total project is $597,500; however, it was anticipated that the final negotiated price will be in the $325,000 to $350,000 range. The recommendation is to approve the resolution with a price not to exceed $350,000 from a 2-year bridge loan from the RTC. August 12, 1993 Page 663 Continued acquisition of HOME funding used for home ownership and rehab programs will require the City to begin providing match funds in the future. This particular approach enables the City to do that without using General Funds or another source of local funding. It does, however, place the City in the role of operating this type of facility. Staff would plan on hiring a competent management firm to provide this service. The Community Development staff will contact the RTC to determine whether or not they would allow an extension of time in order for the Council to have more time to consider this if necessary. The current RTC deadline would call for the City to make a decision by the August 15 in order to avoid the possibility of their making this available to other agencies or groups. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4215 as recommended by staff. Motion carried: 5 Yeas; Nay --Mayor Pro Tem Neugebauer. 93-52B-663-541 (15.) Consider Resolution #4216 authorizing the Mayor to execute a Lease Agreement with Lubbock Regional MHMR Center for the Posey Community Center located at 1602 Vanda Avenue. RESOLUTION #4216 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with Lubbock Regional Mental Health Mental Retardation Center (MHMR) in which the City leases Posey Community Center to MHMR for a three year period, said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of August, 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, Housing & Community Development Administrator APPROVED AS TO FORM: /s/ LInda L. Chamales Linda L. Chamales, Assistant City Attorney August 12, 1993 Page 664 LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § This Lease Agreement entered into this day between the City of Lubbock, Texas, a home rule municipal corporation, as Lessor, hereinafter called "CITY", and the Lubbock Regional Mental Health Retardation Center also know as Lubbock Regional MHMR Center, as Lessee, hereinafter called "CENTER." 191t1J**1*1tF The City does hereby lease to the CENTER the Posey Community Center, a building located at 1602 Vanda Avenue, and which also is known as the Posey Clinic. II. The term of this Lease shall be for three (3) years commencing September 1, 1993, and ending December 31, 1996. III. The CENTER shall pay to the CITY as rental for such premises the sum of ONE HUNDRED NINETY-THREE DOLLARS ($193.00) per month with the payment for the first month due upon the signing of this Lease, and thereafter the rental amount shall be adjusted annually to conform to changes in the Consumer Price Index from the previous year. Such adjustment shall be made on or before the anniversary of this Agreement each year and said adjustments shall be effective for one (1) year. IV. The Center does hereby agree to perform the following duties: 1. Pay all utility charges accrued for the building during the term of this Lease on or before their due dates and maintain utility service with Lubbock Power and Light. 2. Make no structural changes or remodeling of the building without first obtaining the consent of the City Manager of the City of Lubbock or his designated agent. Any structural modifications must be in compliance with the Americans with Disabilities Act of 1990, as amended. 3. Pay for all structural changes or remodeling which may be approved. 4. Pay for necessary maintenance of the building and repair or replacement of plumbing and electrical fixtures and heating and cooling equipment. 5. Acquire and maintain continuously throughout the term of the lease, fire and casualty insurance and such other insurance upon the lease space as CENTER deems necessary, naming City as additional insured. 6. Maintain the CENTER is a condition acceptable to the City Manager of the City of Lubbock and consistent with its condition upon the commencement of this Lease. 7. Make no unlawful, improper or offensive use of the building. 8. Make no sublease or assignments of this Lease to the CENTER. 9. Maintain the grounds of the premises. August 12, 1993 Page 665 10. Comply with all City ordinances, State Laws, and Federal Laws applicable to the premises or Center's use of the premises. 11. Hold the City of Lubbock harmless from any or all claims for damages arising from the use of the premises by the CENTER, its agents or employees, or any member of the public. V. This Lease may be terminated by (1) the expiration of the term stated hereinabove, (2) upon violation of any of the conditions herein stated, (3) by mutual agreement of the parties, or (4) unilaterally by either party upon thirty (30) days written notice to the other. Notice in regard to unilateral termination shall be deemed properly delivered when a copy is handed to the City Manager of the City of Lubbock or to the Executive Director of the Lubbock Regional MHMR. Center. Executed this 12th day of August, 1993. CITY OF LUBBOCK /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 Housing & Community APPROVED AS TO FORM: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER /s/ Gene Menefee Gene Menefee Executive Director Development Administrator /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney The City of Lubbock owns the original Posey Community Center at 1602 Vanda Avenue. This property has been utilized by the Presbyterian Clinic since November 1, 1983. On June 30, 1993, the Presbyterian Clinic vacated the building in order to consolidate their operations with the Community Health Center of Lubbock in its new location on Broadway. Upon notification that the Presbyterian Clinic would be vacating site, the MHMR Alcohol Treatment Program requested that the City of Lubbock consider leasing the property to their program. This would be convenient for their operations since they currently operate the Billy Meeks Center which is across the street. August 12, 1993 Page 666 93-52B-666-542 (16.) 93-52B-666-543 (17.) The Center proposes to move all adult out -patient program and counselors to the 1602 Vanda site. This would involve eight alcohol and drug abuse counselors who provide services to adult male and female clients and family members. The programs involved are individual and group counseling (supportive out -patient); Lubbock Addiction Treatment evening program (LATE), an intensively structured six -week program; the Aftercare Unit which serves outpatient and residential clients; the Dual Diagnosis Program for persons with problems in addition to substance abuse; and the Therapeutic Treatment Community (TTC) program. Additionally, the proposal is to transfer the Intensive Intervention Program for High Risk Youth to the new location. This program provides screening evaluation, counseling, and referral for children and youth 9-17 years of age. The primary function of this program is to provide counseling, substance abuse and life skills education, advocacy and alternative activities for children referred by the schools, parents, and other agencies. In this program they pick the youth up at the school and at other designated sites in the summer and return them to their homes afterwards. Four staff persons for the youth program will be moved to the new site as well. An additional benefit will be the Center's ability to expand their residential treatment program at the Jim Kimmel Center. By relocating the program to the 1602 Vanda site, the alcohol program will be able to provide 24 additional primary or immediate care beds at the Jim Kimmel Center. Staff recommended a Lease Agreement for the facilities at 1602 Vanda for the Posey Community Center to MHMR for a three-year period. The agreement specifies a rental rate of $193 per month with adjustments being based upon the Consumer Price Index. In addition, the Center agrees to pay all the utility charges and for any necessary maintenance for the building repair, replacement of the plumbing and electrical fixtures and heating and cooling equipment. It is recommended that during the lease period they maintain casualty insurance and that the Center is maintained properly. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4216 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Consider a resolution authorizing the Mayor to execute a lease with Mesa Airlines, Inc. d/b/a United Express. This item was deleted from the agenda. Consider a resolution authorizing the Mayor to enter into a contract with Joe McKay for architecture and engineering services at the Airport. This item was deleted from the agenda. August 12, 1993 Page 667 93-52B-667-544 (18.) Consider a resolution authorizing the Mayor to sign an amendment to Contract No. 511-XXF-6032 with the Texas Department of Transportation (TxDOT) for capital assistance. This item was deleted from the agenda. 93-52B-667-545 (19.) Consider a resolution to accept the dedication of a public park in King's Park Addition. This item was deleted from the agenda. 93-52B-667-546 (20.) Consider Resolution #4217 to accept a 2-1/2 acre Dark site in the Regal Park Addition. RESOLUTION #4217 WHEREAS, in July 1992, representatives of the Lubbock Land Company and the Parks and Recreation Department of the City of Lubbock discussed the feasibility of the development by the Company of a 22-acre park in an area known as the Regal Park Addition to the City of Lubbock; and WHEREAS, Lubbock Land Company has agreed to develop and maintain the 22-acre park site until October 1, 1994, and then dedicate the site as public park property if the City will assume responsibility for maintenance of the land and improvements; and WHEREAS, the proposed improvements for the park site include, f among other things, a jogging track, shelter, landscaping, irrigation Lsystem, benches and security lighting; and H W EREAS, the cost of such improvements, which would be borne entirely by Lubbock Land Company, is estimated to be around $100,000; and August 12, 1993 Page 668 WHEREAS, the 1991 Park Development Plan indicates there is a deficiency in the amount of park land in the quadrant of the City where the 21-acre park would be developed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council hereby agrees to accept and maintain as public park property the land and improvements hereinabove generally described when completed and dedicated as park property by the Lubbock Land Company. Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney On July 22, 1992, staff met with representatives from the Lubbock Land Company concerning the possibility of Lubbock Land Company developing a 2-1/2 acre park within a 50-acre residential development area in what is now known as the Regal Park Addition (southwest corner of 82nd Street and Frankford Avenue). Lubbock Land Company proposed to develop a park site with improvements, then deed the parcel to the City as a park. The proposed park would include a jogging track, shelter, landscaping, irrigation system, park benches, security lighting and open space. The topic was considered at the July 1992 Park Board meeting, and after discussion the Park Board endorsed the concept and requested that staff continue to work with the Lubbock Land Company to determine the components and details of the proposed park site. Staff has worked with representatives from the Lubbock Land Company regarding the design and park amenities to be included during the past year and estimate the proposed improvements cost at approximately $110,000. In addition to the construction of the park, Lubbock Land Company has agreed to maintain the site until October 1, 1994, then the Parks Department would assume the maintenance of the site. The impact and cost for maintenance and operations will be developed and submitted as an expanded level request in the 1994- 95 fiscal year budget. August 12, 1993 Page 669 The 1991 Park Development Plan identifies a deficiency of parks in this quadrant of the City. The proposed park area would provide opportunities for leisure activities for the future residents of the area where a need has been identified at no cost for land or improvements. Staff recommended the City Council accept this site as a park, based upon the planned improvements being completed and when completed, a deed of dedication prepared by Lubbock Land Company dedicating the site to the City as park. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4217 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused. 93-52B-669-547 (21.) Consider Resolution #4218 authorizing the Mayor to enter into a contract with Parkhill. Smith & Cooper for engineering services at the Lubbock Landfill. RESOLUTION #4218 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for engineering services and other related services at the City of Lubbock Landfill, 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 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Cobb Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Agreement between the City of Lubbock and Parkhill Smith & Cooper, Inc., for engineering service at the City of Lubbock Landfill is filed with Resolution No. 4218. August 12, 1993 Page 670 On April 28, 1993 Parkhill, Smith & Cooper responded to a request for proposal #12537 issued by the City of Lubbock. At the Work Session of May 27, 1993, staff requested and received authorization from Council to enter into negotiations with Parkhill, Smith & Cooper for an engineering services contract. The proposed contract which was negotiated is a multi -year contract that will address landfill engineering requirements into the year 2000. The contract consists of the following areas: 1. Phase IA will consist of Cell Liner construction. In this portion of the contract Parkhill, Smith & Cooper will prepare a study and report, preliminary design, final design, assist in bidding or negotiating, construction, and survey and testing. 2. Phase IB of this proposed contract will be work conducted in Cell Liner construction material procurement/ delivery contract area. This work will consist of a study and report, final design, bidding or negotiation, and post contract award services. 3. Phase II of this proposed contract is to complete landfill cell closure in Cell I. This portion of the work will include reviewing and assessing existing information final cover resolution, and closures plans procedures and documentation. 4. Phase III of the proposed contract includes work to modify the existing permit site development plan to meet Subtitle "D" requirements. This work includes certification and demon-stration of the location restrictions, modify the site development plan, develop a final closure plan, development cost for closure and post closure care, develop the post closure care plan, develop a landfill gas management plan, develop a leachate and contaminated water plan, develop a site operating development plan, develop final assurance documents, and develop groundwater monitoring requirements. 5. Phase IV of the proposed contract will include other professional engineering services and related services authorized by the owner. The estimated fees for the Phase IA and IB work are based on an amount equal to 8 percent of the construction cost on all basic services. Estimated cost for the remaining Phases are based on engineer estimates of engineer staff time. August 12, 1993 Page 671 The estimated fees associated with this work are: 1. Phase IA $831,000 2. Phase IB 98,000 3. Phase II 182,000 4. Phase III 225,000 5. Phase IV No Budget Estimated Total $1,336,000 Staff recommended that Council authorize the Mayor to enter in a contract with Parkhill, Smith & Cooper for the purposes of landfill engineer services at the City of Lubbock Landfill. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4218 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-671-548 (22.) Consider Resolution #4219 pertaining to the Canadian River Municipal Water Authority Salinity Control Project. RESOLUTION #4219 WHEREAS, the City of Lubbock has heretofore entered a Contract with the Canadian River Municipal Water Authority for the provision of a water supply from the Canadian River Project; and WHEREAS, Congress has authorized the Lake Meredith Salinity Control Project which will improve the quality of water in Lake Meredith and the Authority has approved a Cooperative Agreement with the Department of Interior and the Texas Water Development Board to execute the Salinity Control Project; and WHEREAS, the Authority intends to submit to the City of Lubbock a contract under which the City will be asked to support the costs of the Salinity Control Project; and WHEREAS, the Authority desires to proceed with drilling of two test/observation wells in advance of the execution of the City contracts and in advance of the appropriation of Federal funds for the Salinity Control Project; and WHEREAS, the Board of Directors of the Authority has approved the expenditure of up to $170,000 from the General Reserve Fund of the Authority for this purpose, subject to the consent of the member cities, with the General Reserve Fund to be reimbursed from assessments to be made under the aforesaid proposed contracts when approved; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby consents to the proposed use of funds from the General Reserve Fund of the Authority for the purpose stated. August 12, 1993 Page 672 SECTION 2. THAT upon failure to execute sufficient contracts with member cities to pay the costs of the Lake Meredith Salinity Control Project, withdrawal of these funds from the General Reserve shall be construed to represent a contribution of the City to the Authority in support of project investigations as contemplated in Section 9 of the Authority's Enabling Act, to the extent of the interest of the City of Lubbock in the General Reserve Fund of the Authority. Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney John Williams, General Manager of the Canadian River Municipal Water Authority (CRMWA), discussed this item with the Council during work session. This resolution approves the request of the CRMWA Board of Directors to expend $170,000 from the CRMWA General Reserve Fund in order to proceed with drilling of monitor wells and other preliminary work, in anticipation of obtaining state and federal funding participation in the Salinity Control project. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4219 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-672-549 (23.) Consider a resolution authorizing the Mayor to execute an operating agreement between LP&L and the cities of the West Texas Municipal Power Agency. This item was deleted from the agenda. August 12, 1993 Page 673 93-52B-673-550 (24.) Consider resolutions declaring intention to reimburse expenditures with proceeds obtained from a future bond issue. A. General Fund, Water and Sewer Projects. RESOLUTION #4220 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for improving and equipping library facilities in and for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,780,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 674 B. Airport Projects RESOLUTION #4221 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for park improvements, including neighborhood parks, athletic fields and swimming pools (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $5,385,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 675 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for improvements to coliseum, including heating, ventilation, and air conditioning, roofing, stadium seating, and lighting (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $3,585,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston � � DAVID R. LANGSTON, MAYOR ATTEST: LI Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 676 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for improvements to fire department emergency traffic control system (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $470,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 677 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for construction of and improvements to animal control facilities (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $500,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 678 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for waterworks improvements and extensions (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $1,415,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 679 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for improvements and extensions to the City's sanitary sewer system (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $1,835,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR LATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary August 12, 1993 Page 680 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for improvements to the existing City Airport, including freight ramps and taxiway as part of the freight development area (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $3,625,000. Dated: August 12, 1993 Passed by the City Council this 12th day of August, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary Of the $28,690,000 approved for issuance of general obligation bonds to fund capital improvements, there are propositions that passed that include projects for which immediate funding is needed: Proposition 3 Library Improvements $2,780,000 Proposition 4 Parks Improvements 5,385,000 Proposition 5 Coliseum Improvements 3,585,000 Proposition 7 Fire Emergency System 470,000 Proposition 8 Animal Control 500,000 Improvements Proposition 9 Waterworks 1,415,000 Improvements Proposition 10 Sanitary Sewer 1,835,000 Improvements August 12, 1993 Page 681 93-52B-681-551 (25.) r L93-52B-681-552 (26.) 93-52B-681-553 This resolution is a technical action that would allow the City to expend now for qualifying capital expenditures and reimburse those expenditures this fall when the general obligation bonds are issued. B. Airport Projects Included in the bond issuance this fall, there is a proposed issuance of certificates of obligation for the purpose of making permanent improvements to the City Airport, including freight ramps and a taxiway for the freight development area. This resolution is a technical action that would allow the City to expend now for qualifying capital expenditures and reimburse those expenditures this fall when the certificates are issued. Staff recommended approval of these resolutions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4220 and Resolution #4221 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Consider a resolution authorizing the Mayor to execute an interlocal agreement for Cooperative Purchasing with the Lubbock Independent School District. This item was deleted from the agenda. Consider a resolution authorizing the Mayor to execute an interlocal agreement with South Plains Association of Governments. This item was deleted from the agenda. (27.) Consider Resolution #4222 to consider an increase to the effective tax rate. RESOLUTION #4222 WHEREAS, the City Council of the City of Lubbock proposes to adopt a tax rate for the next tax year which will exceed 103% of the effective tax rate for the current year; and WHEREAS, adoption of said tax rate increase requires a public hearing prior to such adoption pursuant to Section 26.05(c) of the Texas Property Tax Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is hereby proposed to consider a tax increase for the next tax year which will exceed 103% of the effective tax rate for the current year; and August 12, 1993 Page 682 THAT it is hereby ordered that a public hearing on such proposed tax increase shall be conducted at 6:00 P.M. on the 26th day of August, 1993. Passed by the City Council of the City of Lubbock on the 12th day of August, 1993. MEMBERS VOTING AYE: MEMBERS VOTING MAY: David R. Langston None Randy Neugebauer M. J. Aderton Max Ince T. J. Patterson Alex "Ty" Cooke ****************************** /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 Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Notice of Public Hearing on Tax Increase is filed with Resolution No. 4222. State truth -in -taxation laws require that governments adopting a property tax rate which is more than three percent higher than the "effective tax rate" advertise this as a tax increase in a local paper and hold a public hearing on the tax increase. The effective tax rate is designed to be an "apples to apples" comparison illustrating the tax rate necessary to produce the same amount of revenue on the same property taxed last year. Properties added to and removed from the rolls are excluded for purposes of this calculation. The advertisement must indicate the impact on an average taxpayer and indicate the votes (for, against, absent) of each councilmember on consideration of the tax increase. The time and date of the public hearing are also to be included in the advertisement. Votes on this resolution will be the votes used in this advertisement. The public hearing is tentatively scheduled for August 26 in conjunction with a separate public hearing on the budget. Following the public hearing, a second advertisement is required identifying the time a date of the vote (second reading) on this tax increase which is tentatively scheduled for September 9, 1993. August 12, 1993 Page 683 The certified tax roll for 1993 has been provided by the Lubbock Central Appraisal District. The net assessed values on this roll equal $4.886 billion. This represents an increase of $223 million over the final 1992 values. Of this increase, $65 million comes from new construction added to the rolls and $158 million comes from increased values to existing property. Based on unofficial calculations, adoption of the current $.64 tax rate will represent an increase of approximately 3.7 percent over the effective rate ($.6173). Therefore, the public hearing and public notification requirements will be triggered. Increase in the appraised values of this nature was anticipated during budget discussions earlier this summer. At the $.64 tax rate the certified values will produce $290,711 more than projected in the preliminary budget. City Council had discussed the issue of increased values and adjustment of the tax rate during the budget work sessions. Consensus at that time was to "bank" all of the revenue produced by the increased values on existing property in the Interest and Sinking Fund where it will be used to reduce the projected tax increase for next year when debt service for voter approved bond projects will be due. None of the increase from existing property would go to General Fund operations. Staff recommended continuation with this plan including consideration of retaining the $.64 tax rate and complying with the related requirements of the truth -in -taxation laws. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4222 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-683-554 (12.) Hold a public hearing to consider establishing a stormwater utility, and consider ordinance. ORDINANCE #9634 AN ORDINANCE AMENDING CHAPTER 28, "WATER AND SEWERS," OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VI DECLARING A DRAINAGE UTILITY SYSTEM IN THE CITY OF LUBBOCK PURSUANT TO THE AUTHORITY GRANTED BY SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; ADOPTING SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. August 12, 1993 Page 684 Larry Hertel, City Engineer, presented staff comments. In 1992, the City Council appointed a temporary Stormwater Advisory Committee to evaluate alternatives to fund the City's stormwater needs. This committee recommended that a stormwater utility be established to fund these needs. The immediate funding issue facing the Council was the cost of preparing the City's permit application and on -going annual cost for the required Environmental Protection Agency (EPA) stormwater permit, and this permit pertains to the quality of stormwater runoff in urban areas. The permit applications are expected to cost approximately $750,000, and future annual permit compliance costs are estimated at $500,000 per year. This stormwater permit requirement is a new program representing new costs never before experienced by the City of Lubbock. In addition, the City Council directed the committee to review funding alternatives to address costs associated with drainage and flood control projects. Recurring flooding problems have been experienced in some neighborhoods, and the potential of suffering more flood losses exists. Several funding sources were investigated by the committee: 1. General Fund - Financing stormwater needs has historically been with monies from the General Fund; however, drainage is usually a lower priority item. An increase in property taxes to pay for drainage needs is not seen as an equitable charge. The amount of runoff generated from a parcel of property may not equate to the value of that property. 2. General Obligation Bonds or Certificates of Obligation Bonds - Ongoing operating and maintenance costs are typically not considered for long-term bond indebtedness. Major drainage capital improvement projects can be considered through bond issues but these projects are generally considered lower priority when compared with other capital improvement needs in the City. The last bond election which considered drainage improvements was in 1968. 3. Drainage Utility District - Because of the small drainage areas within the City, a district including areas outside the corporate limits would probably not be considered. A district would have its own board independent of the City Council. A district appears to have no benefit unless a larger area outside the City is required to participate. The stormwater quality permit is required for the City, not for the surrounding areas. August 12, 1993 Page 685 4. Stormwater or Drainage Utility - This utility is based on the user fee concept. The utility provides a stable, secure source of funds. The utility approach appears to be more equitable since the charge is based on one's drainage contribution to the problem rather than property taxes based on the value of the land. The Stormwater Advisory Committee, by unanimous vote, recommended that a stormwater utility be established to finance the City's stormwater quality and quantity needs. The purpose of this public hearing is to receive public input which the City Council will consider in determining whether or not to establish a stormwater utility. Should the Council decide to establish the stormwater utility, an ordinance will be considered on first reading. Second reading of the ordinance would be scheduled for the next Council meeting. At their July 22, 1993 work session, the City Council discussed the possibility of setting an interim rate should the utility be established. This interim rate schedule is proposed to be charged for approximately a one-year period until data for individual properties can be collected and the billing system is modified to handle individual property charges. The interim rates discussed by the Council were $1.71 per residential property and $11.35 for each non-residential property per month. The billing would coincide with water meter billing. The $1.71 residential rate was based on the recommendations of the Stormwater Advisory Committee. The $11.35 non-residential rate was based on the estimated impervious surface area of the average size non-residential parcel of land. The average surface area was calculated after omitting all parcels over 500,000 square feet in size. This method was viewed as more equitable to the smaller non-residential parcels. Should Council determine to establish the stormwater utility, the following action is recommended: 1. Pass the ordinance establishing the utility on first reading. 2. Direct staff to advertise the schedule of proposed rates for the upcoming rate public hearing. In order to begin billing October 1, 1993 at an interim rate schedule, advertisement of a proposed rate schedule (to be considered at the rate public hearing) will need to begin before the next Council meeting with the rate public hearing scheduled for September 23rd, 1993. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9634 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. August 12, 1993 Page 686 93-52B-686-555 (28.) 93-52B-686-556 (28A.) 93-52B-686-557 (29.) 93-52B-686-558 (30.) 93-52B-686-559 (31.) 93-52B-686-560 (32.) Hold an executive session, in accordance with VATS, Article 6252-17, Sec. 2(f), to discuss land acquisition (Solid Waste); and Sec. 2(e), to discuss pending litigation (Water Utilities). Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Bob Cass to the position of city manager, subject to details of an employment agreement. Motion carried: 6 Yeas; 0 Nays. 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: Civic Centers Board Airport Board Lubbock Mental Health/Mental Retardation Center Public Responsibility Committee Community Services Commission Urban Design and Historical Preservation Planning Commission Consider four appointments to the Civic Centers Board. The term of Bob Brummal, Kathy Richardson, Shirley Christian, and Burl Masters expired August 1, 1993. This item was deleted from the agenda. Consider two appointments to the Airport Board. The terms of Ron North and Emilio Abeyta expired on August 11, 1993. This item was deleted from the agenda. Consider one appointment to the Lubbock Mental Health/Mental Retardation Center Public Responsibility Committee. The term of Becky Cannon will expire on August 31, 1993. This item was deleted from the agenda. August 12, 1993 Page 687 93-52B-687-561 (33.) This item was deleted from the agenda. 93-52B-687-562 (34.) Consider one appointment to the Urban Design and Historical Preservation Planning Commission. The term of Michael Atcheson will expire on September 14, 1993. This item was deleted from the agenda. There being no further business to ome before Coun mo was made by Councilmember Cooke, seconded by 0uncilme r Ad rton our the meeting at 7:32 p.m. Motion carried: 6� Na ATTEST: &tv, u Qo-zs,� etty M. John on, City Secretary Read and approved this the 26th day ATTEST: 'Betty o son, City Secretary