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
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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