HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 26, 1993
10:15 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 26th day of August, 1993 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:15 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, Councilmember
Victor Hernandez, City Manager Bob Cass, City Attorney John C. Ross,
Jr., and City Secretary Betty Johnson.
Mayor Langston called the meeting to order at 10:20 A.M.
( 1.) The Invocation was given by Robert Massengale,
Assistant City Manager for Financial Services.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
93-52B-695-565
( 3.) Hear request of Kaye Boyd and Marty Fanning to widen
82nd Street from Avenue U to Tahoka Highway.
Kaye Boyd and Marty Fanning addressed the Council
concerning their interest in the widening of 82nd
Street from Avenue U to Tahoka Highway due to the
high volume of traffic and high incidence of traffic
accidents. This portion of 82nd Street was
considered by the Citizens Advisory Committee for
the 1987 and 1993 Bond Elections. This project was
not recommended for those bond elections.
Eighty-second Street is a proposed T-2 thoroughfare
street, 86 feet in width, providing for three lanes
of traffic in each direction plus a continuous
left -turn lane. The street is currently paved full
width from Slide Road to Avenue "U". The street is
strip paved, approximately 24 feet in width, from
Avenue "U" to Tahoka Highway. The strip paving
allows for one lane of traffic in each direction
with no allowance for a separate left -turn lane.
The total estimated cost to pave this portion of
82nd Street to thoroughfare standards is:
Construction $1,666,000
Right -of -Way 387,000
Engineering 217,000
Street Lighting 16,000
Total $2,286,000
Less Possible Assessment - 94,000
Amount Needed $2,192,000
August 26, 1993
Page 696
As an alternative to the City funding the entire
cost of the paving, there is the possibility of
including 82nd Street on a future Transportation
Improvement Program (TIP) for federal funding
assistance. The staff had previously prepared a
list of projects in priority order for future TIP
requests. Project No. 1 (98th) is currently
included in the TIP. Project No. 2 (Frankford) is
currently being considered by Council for
construction with bond funds remaining from 98th
Street. Eight -second Street is priority No. 4 on
the list.
Another alternative would be the construction of a
wider strip paved section which would allow for a
continuous left -turn lane in addition to one lane
for traffic in each direction. The estimated cost
of this strip paving is $402,000.
The projected traffic count in 2005 assuming full
width thoroughfare paving is approximately 20,000
vehicles per day. The following alternatives for
paving are offered for consideration:
1. Request federal funding assistance
through a future TIP.
2. Fund through unallocated street
improvement bonds in the 1993 Bond
Election.
3. Provide a wider temporary strip
paved section. Funding would come
from unallocated street improvement
bonds.
Staff recommended alternative 1. The practical
impact of this approach is that this might be
considered for funding in FY 1996.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to approve this
request for widening 82nd Street from Avenue U to
Tahoka Highway through federal assistance TIP funds.
Motion carried: 7 Yeas; 0 Nays.
93-52B-696-566
( 4.) Gary Scoggins will appear to request a loudspeaker
permit in conjunction with outdoor religious
services.
Gary Scoggins requested a loudspeaker permit for
outdoor religious services that he is sponsoring for
his congregation. The request is for Monday,
September 5, through Friday, September 17, 1993,
from 7 p.m. to 11 p.m. each day. The event will
take place at Cathedral of Praise located at 2011
East 13th Street. All residents in the area were
petitioned and all approved the event as well as the
loudspeaker petition.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to approve the request of
Gary Scoggins for a loudspeaker permit from
September 5, 1993 through September 17, 1993 from
7:00 p.m. until 11:00 p.m. each day. Motion
carried: 7 Yeas; 0 Nays.
August 26, 1993
Page 697
( 5.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the minutes of the
August 12, 1993 Regular City Council Meeting, the
August 7, 1993 Special City Council Meeting, and the
August 17, 1993 Special City Council Meeting as
written. Motion carried: 7 Yeas; 0 Nays.
93-52B-697-567
( 6.) ORDINANCE #9634--Establishing a stormwater utility.
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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9634 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
93-52B-697-568
( 7.) Consider Resolution #4225 accepting paving
improvements constructed by Williams and Peters
Construction Co., on Detroit Avenue.
RESOLUTION #4225
A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW:
WHEREAS, the City of Lubbock has heretofore entered into a
Contract with Williams & Peters Construction Company, Inc. for the
construction of street improvements on a certain street including the
following street:
Detroit Avenue Paving Improvements from 4th Street to Clovis
Road
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the City
Engineer, and said improvement has been completed and has been inspected
and found to have been constructed in accordance with the terms of said
Contract, Project No. 9404; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvement on said portion of the
above -mentioned street BE and the same is hereby accepted and the City
Engineer BE and he is hereby authorized to direct the final payment to
the Contractor in the amount of $26,941.96.
August 26, 1993
Page 698
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 26th 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 Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
According to staff memo, this is a routine
acceptance of paving improvements consisting of
street paving, sidewalks, and curb and gutter on
Detroit Avenue from 4th Street to Clovis Highway.
The estimated contract was $527,095.50. Change
Order No. 1 for fence adjustments to provide for
curb ramps and additional sidewalk construction was
$3,752.11, for a total estimated contract price of
$530,847.61. The final contract amount is
$538,839.21 which is over the original estimated
contract by $7,991.60 (1.5 percent).
The 1.5 percent overrun consisted of several items
of work which exceeded the preliminary estimated
quantities. Final quantities of all items were
established by field measurements. Upon this
acceptance the final payment of $26,941.96 will be
due the contractor. Staff recommended approval of
this resolution.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4225
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 699
93-52B-699-569
( 8.)
RESOLUTION #4226
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Street Use License between the City of Lubbock and the County of
Lubbock, 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 26th 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/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Street Use License between the City of Lubbock and the
County of Lubbock is filed with Resolution No. 4226.
According to staff memo, this street use license
will allow the County of Lubbock to erect an aerial
walkway across Main Street to connect the courthouse
with the NCNB Bank building to the north. The area
of this license will be 100-feet long by 12.5-feet
wide. This walkway will be for public use and a
yearly license fee will be waived at the County's
request. Staff did not anticipate problems with
this license except for a Lubbock Power and Light
street light cable which will have to be adjusted.
The Right -of -Way Department recommended the issuance
of this license.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4226
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 700
93-52B-700-570
( 9.) Consider Resolution #4227 authoring the Mayor to
sign Amendment No. 1 to the contract with Texas Tech
University for endangered species investigation.
RESOLUTION #4227
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
Amendment No. 1 to an Agreement for Endangered Threatened Species
Investigation previously entered into between the City and Texas Tech
University, 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 26th 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 A. Hawkins
Dan A. Hawkins, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
AMENDMENT MO. 1
STATE OF TEXAS § AGREEMENT FOR ENDANGERED/
COUNTY OF LUBBOCK § THREATENED SPECIES
CITY OF LUBBOCK § INVESTIGATION
WHEREAS, the City of Lubbock and Texas Tech University have
heretofore on March 26, 1992, entered into an agreement under which
Texas Tech University is to conduct a "Biodiversity Study" of the
wildlife mitigation tract of the City of Lubbock near Lake Alan Henry;
and
WHEREAS, said study was to be completed within a 17-month period;
and
WHEREAS, due to the death of the principal investigator more time
will be required for completion of the study; and
WHEREAS, compensation and all other matters not amended herein
shall remain the same; NOW THEREFORE:
August 26, 1993
Page 701
WITNESSETH:
The term of the contract for a "Biodiversity Study" heretofore
entered into by and between the City of Lubbock and Texas Tech
University on March 26, 1992, shall be extended to December 31, 1993,
notwithstanding any other provision of the contract to the contrary.
Executed this 26th day of August, 1993.
CONTRACTOR: CITY OF LUBBOCK:
/s/ Donald R. Haragan
DONALD R. HARAGAN, Executive
Vice President and Provost
Texas Tech University
NA
Principal Investigator
/s/ Clyde Jones
Co -Principal Investigator
s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
On March 26, 1993, the City Council approved a
$22,910 contract with Texas Tech to conduct an
endangered/ threatened species investigation of the
Wildlife Mitigation Area at Lake Alan Henry. The
primary purpose of this study was to identify what
species of plants or animals, if any, might be
present on the site which would affect management of
the area. This contract provided for a 17-month
completion time; however, due to the death of the
principal investigator, more time for this study was
requested. This amendment extends the completion
date of the investigation by three months, from
September 30, 1993 to December 31, 1993. The
contract cost and all other provisions of the
contract will remain the same. Staff recommended
approval of this item.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4227
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 702
93-52B-702-571
(10.) Consider Resolution #4228 authorizing the Mayor to
execute a grant agreement with the Texas Department
of Transportation for D.W.I. Selective Traffic
Enforcement.
RESOLUTION #4228
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 Texas
Traffic Safety Program Grant Agreement by and between the City of
Lubbock and the Texas Department of Transportation for a driving while
intoxicated selective traffic enforcement project (D.W.I. Step),
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 26th 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/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Grant Agreement between the
City of Lubbock and the Texas Department of Transportation is filed with
Resolution No. 4228.
This is a continuation of an ongoing grant program
utilizing off duty personnel working overtime to
enhance the detection and apprehension of drunk
drivers.
Awards for this grant have been set for October 1,
1993, upon approval of the Lubbock City Council.
This is a 50-50 grant in the amount of $70,000 to be
administered during FY 1993-94. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4228
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 703
93-52B-703-572
(11.) Consider Resolution #4229 authorizing the Mayor to
execute a grant agreement with the Texas Department
of Transportation for Driver Behavior Selective
Enforcement.
RESOLUTION #4229
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 Texas
Traffic Safety Program Grant Agreement by and between the City of
Lubbock and the Texas Department of Transportation for a driver behavior
selective enforcement (TRASER) project, 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 26th 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/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Grant Agreement between the
City of Lubbock and the Texas Department of Transportation is filed with
Resolution No. 4229.
According to staff memo, this is a continuation of
an ongoing grant program utilizing a data entry
clerk to input traffic information relating to
accidents and non-compliance of traffic law. This
data allows the identification of areas in the City
that need enhanced enforcement in any category of
non-compliance as well as high accident locations.
High incidents of D.W.I. can also be identified and
enforcement action taken.
Awards for this grant have been set for October 1,
1993, upon approval by the Lubbock City Council.
This is a 50-50 funded grant in the amount of
$20,000 to be administered during FY 1993-94. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4229
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 704
93-52B-704-573
(12.) Consider Resolution #4230 authorizing the Mayor to
execute a grant agreement with the Texas Department
of Transportation for Occupant Protection Selective
Enforcement.
RESOLUTION #4230
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 Texas
Traffic Safety Program Grant Agreement by and between the City of
Lubbock and the Texas Department of Transportation for an occupant
protection selective traffic enforcement project (O.P. Step), 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 26th 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/ Donald R. Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Grant Agreement between the
City of Lubbock and the Texas Department of Transportation is filed with
Resolution No. 4230.
The statewide goal for fiscal year 1993 is 70
percent safety belt use by drivers, 70 percent by
front seat passengers and children ages 0 to 4.
Lubbock currently has a safety belt use rate of 72
percent and has a child passenger restraint rate of
50.6 percent.
The objective is to increase safety belt use among
drivers and front seat passengers by 5 percent and
child safety seat use by 10 percent by the end of
the contract period. This is to be accomplished by
a public information and education program along
with a vigorous enforcement policy.
Awards for this grant have been set immediately upon
approval by the Lubbock City Council. This is a 75
percent federally funded grant in the amount of
$32,812 to be administered during FY 1993-94. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4230
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 705
140% Rmilli W l'
(13.) Consider Resolution #4231 authorizing the Mayor to
execute a grant agreement with the Texas Department
of Transportation for a National Maximum Speed Limit
Project.
RESOLUTION #4231
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 Texas
Traffic Safety Program Grant Agreement by and between the City of
Lubbock and the Texas Department of Transportation for a national
maximum speed limit (NMSL Step) project, 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 26th 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/ Donald R. Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Grant Agreement between the
City of Lubbock and the Texas Department of Transportation is filed with
Resolution No. 4231.
According to staff memo, this would be a
continuation of an ongoing grant program utilizing
off duty personnel working overtime to enforce the
55 MPH speed limit on highways within the City of
Lubbock.
Awards for this grant have been set for October 1,
1993 upon approval by the Lubbock City Council.
This is a 50-50 grant in the amount of $35,000 to be
administered during FY 1993-94. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4231
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 706
93-52B-706-575
(14.) Consider request from Sexton Enterprises for renewal
of taxicab and limousine permits.
The current vehicle for hire operating permits for
taxicab and limousine service for Sexton Enterprises
expire on August 27, 1993. In order for Sexton
Enterprises to continue operation, it is necessary
for Council to renew the permit for another year.
Mr. Steve Sexton, General Manager of Sexton
Enterprises, has submitted those items required for
renewal of both permits, and these have been
reviewed and approved by staff. Mr. Sexton has met
the renewal requirements as outlined in the
ordinance. The fare schedule proposed by Sexton
Enterprises is unchanged over the schedule which was
approved effective October 13, 1990.
In addition, Sexton has also submitted their
financial records for review. These records were
submitted to the City of Lubbock Internal Audit
Department and no significant problems were
identified with regard to their financial records.
The inspection of the fleet by the City of Lubbock
Garage has also been completed.
During the past year the City Manager's office has
received two complaints regarding the timeliness of
cab response, and a copy of these has been forwarded
to Mr. Steve Sexton. In addition, in the past year
there have been some issues and concerns at the
Airport regarding friction between the taxicab
drivers and limousine drivers at the Airport with
concerns about "hawking for passengers." However,
the Aviation Director has indicated that in the past
few months (since Royal Limousine's public hearing
on its taxi application) these problems seem to have
been alleviated, and the taxicab and limousine
drivers appear to be coexisting at the Airport much
better.
In addition, the Aviation Director also indicated
that his office has not received complaints
regarding service provided by Sexton; however, as
mentioned in last year's review, this may be due in
part to a change in 1990 in which Sexton Enterprises
installed a direct telephone line to their
dispatcher for passengers needing taxicab service.
Based on submission of the items required under the
vehicle for hire ordinance, staff recommended
approval of Mr. Sexton's request for permit renewals
for both taxicab service and limousine service.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the request of
Sexton Enterprises for renewal of a taxicab and
limousine permit. Motion carried: 7 Yeas; 0 Nays.
93-52B-706-576
(15.) BID #12610--Drum disc lathe (Fleet Services).
T & B Tool and Equipment--2 ea. drum disc lathe.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
August 26, 1993
Page 707
93-52B-707-577
(16.) BID #12619--Lewters Lift Station, and authorize same
(Water Utilities).
RESOLUTION #4232
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 Rhode Construction
Company for the replacement of the Lewters Lift Station, 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 26th day of August, 1993.
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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 26th 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 Rhode
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. 12619--Lewters Lift Station (Water Utilities) in the amount of
$139,987.00
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.
August 26, 1993
Page 708
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:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ Richard R. Barton
ATTEST:
/s/ Janah Jenkins
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Rhode Construction Company
CONTRACTOR
By: /s/ Carman S. Rhode
TITLE: President
COMPLETE ADDRESS: Rhode Construction Company
P.O. Box 53370
Lubbock, Texas 79453
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4232
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-708-578
(17.) BID #12640--Trailer mounted brush chipper (Fleet
Services).
Goldthwaite's, Forth Worth
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52B-708-579
(18.) BID #12641--Motor truck cab and chassis (Fleet
Services).
South Plains International --Truck cab and chassis,
64,000 GVWR, Spec #631.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
August 26, 1993
Page 709
93-52B-709-580
(19.) BID #12643--Refuse and recycling containers (Solid
Waste).
Fuqua Enterprises, Cleburne--100 ea. 8 cy recycling
container.
Davis Truck and Equipment, San Antonio--10 ea. 30 cy
heavy duty roll -off container
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52B-709-581
(20.) BID #12645--Hydraulic tilt frame (Fleet Services).
B & C Body Company, Dallas
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52B-709-582
(21.) BID #12662--Resurface roofs at various fire
stations, and authorize same (Building Services).
RESOLUTION #4233
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 Hamilton Roofing Company
for the resurfacing of the roofs on various Fire Stations, 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 26th 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 26, 1993
Page 710
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 26th 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 Hamilton
Roofing 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. 12662--Resurface Roofs at various fire stations (Building
Services) in the amount of $70,111.00
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:
Hamilton Roofing Company
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Hamilton Roofing Co.
710 loth Street
Lubbock, Texas 79403
August 26, 1993
Page 711
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Cooke to authorize
Resolution #4233 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays; 1 Recused--Councilmember
Ince.
93-52B-711-583
(22.) BID #12663--150,000 gallon elevated water tank, and
authorize same (Water Utilities).
RESOLUTION #4234
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 Caldwell Tanks, Inc. of
Louisville, Kentucky for the installation of a 150,000 gallon elevated
water tank which will supply water to the TDJC Psychiatric Hospital,
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 26th day of August, 1993.
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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 26th 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 Caldwell
Tanks, Inc. of the City of Louisville, Kentucky, County of Jefferson,
and the State of Kentucky, hereinafter termed CONTRACTOR.
August 26, 1993
Page 712
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. 12663--150,000 Gallon Elevated Water Tank (Water Utilities) in
the amount of $265,000.00
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:
Secretary
Caldwell Tanks, Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Caldwell Tanks, Inc.
P.O. Box 35770
Louisville, Kentucky 40232
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4234
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-712-584
(23.) BID #12666--Flow meters and flow metering inserts
(Water Reclamation).
EMSI, Inc., Houston --(Items 1-9, all or none)--5 ea.
flow meter w/plotter; 5 ea. characterization prom; 3
ea. flow poke metering inserts 6"; 3 ea. flow
metering inserts 6"; 6 ea. flow metering inserts 8";
1 ea. flow metering inserts 10"; 1 ea. flow metering
inserts 12"; 10 ea. pole section assembly 2.5'; 3
ea. flow poke insert conversion package.
August 26, 1993
Page 713
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
93-52B-713-585
(24.) BID #12670--Citibus sign and shelter installation,
and authorize same (Citibus).
RESOLUTION #4235
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 Beale Construction, Inc.
for the installation of a Citibus sign and shelter, 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 26th day of August, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Ls/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 26th 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 Beale
Construction, Inc. of the City of Lubbock, County of Lubbock, and the
State of Texas, hereinafter termed CONTRACTOR.
August 26, 1993
Page 714
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. 12670--Citibus Sign and Shelter Installation (Citibus) in the
amount of $24,240.00
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:
Beale Construction
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Beale Construction, Inc.
7745 19th Street, Space #63
Lubbock, Texas 79407
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4235
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 715
93-52B-715-586
(25.) ORDINANCE #9635--
Block E.
ORDINANCE #9635
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2706; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A
BILLBOARD INCREASED TO 672 SQUARE FEET ON A TRACT OUT OF SECTION 5,
BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:55
a.m.
John Aguilar appeared on behalf of Martin Outdoor
Advertising to present this request for zone change.
Cecil Puryear and Max Winn also appeared in favor of
the zone change.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:06 a.m.
In July 1992, the City Council approved a settlement
agreement to end a lawsuit between the City of
Lubbock and Martin and MacFarlane. The settlement
agreement filed in U.S. District Court includes the
statement: "City staff agrees not to opposed a zone
change application ... (edited portion). The Planning
and Zoning Commission and the City Council will make
their own decision based upon the facts presented,
without staff opposition."
The staff provided the above statement during the
hearing and responded to questions. The original
document filed in federal court actually noted the
sign which would not be opposed by staff was at West
50th and Loop 289 on the pawn shop property. During
the meeting of Martin and the City Council when the
court settlement was formulated, a number of
locations were discussed before the 50th and Loop
sign was actually placed in the agreement. The
Avenue L and Loop 289 billboard was among those.
Staff accepted the request by Martin Outdoor
Advertising that the Avenue P and Loop 289 location
be a substitute with the understanding they would
not come back later with the 50th and Loop billboard
wanting no staff comment, regardless of the outcome
of this request.
The zone case is submitted as C-4 Specific Use at
the request of the staff to prevent "industrial"
zoning appearing on the zoning maps at the Loop and
Avenue P location (south of Lowrey Field). The 750
square foot billboard is a permitted use in the M-1
and M-2 Districts, while a C-4 District allows only
the current 300 square foot sign.
August 26, 1993
Page 716
93-52B-716-587
(26.)
Discussion by the P&Z Commission ranged from
comments regarding the background and reasoning of
the sign code to an expression of concern for the
hardship presented by Martin Outdoor Advertising
about the difficulty of reading the "cross reader"
(west portion) of the billboard for persons
traveling east on the Loop. A motion to deny failed
2-3. A motion to approve passed 3-2.
The adjacent owner on both the east and west, Mr.
H.A. Sessions, submitted a letter of opposition.
His ownership is approximately 40 percent of the 200
foot notice area. With opposition in excess of the
20 percent, a positive vote of six Council members
is required to approve the request.
The Planning and Zoning Commission recommended
approval of this request by a vote of 3-2. The
staff remained neutral as necessitated by the
agreement.
Motion was made by Councilmember Patterson, seconded
by Councilmember Hernandez to pass on first reading
Ordinance #9635 as recommended by P&Z and City
staff. Motion carried: 6 Yeas; 1 Nay --Mayor Pro
Tem Neugebauer.
and D. Terra Estates North Addition.
ORDINANCE #9636
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2617-A; A ZONING CHANGE FROM C-4 AND R-1 TO R-2 ZONING ON TRACTS B, C,
AND D, TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:14
a.m.
David Goyette appeared to present this request for
zone change from C-4 and R-1 to R-2. Max Winn
appeared in favor of the zone change.
No one appeared in opposition. Mayor Langston
closed the public hearing at 11:15 a.m.
The request will accommodate duplex construction
along 4th Street, on the south side of the Terra
Estates North Subdivision. The adjacent land uses
are as follow:
North - single family
South - R-1 vacant
East - R-1 vacant
West - R-1 vacant
August 26, 1993
Page 717
93-52B-717-588
(27.)
The area described is noted as medium density on the
Comprehensive Land Use Plan. This proposal will
allow the buffer as proposed by the Plan. The
proposal is consistent with zoning policy and will
have little effect on traffic. The staff requested
a condition, to make the plans proposed by Mr.
Osborne official, to use a single drive per pair of
lots. This will reduce curb cuts on 4th Street and
serve the design needs of the proponent.
The Planning and Zoning Commission recommended
approval of this request by a vote of 7-0 with a
condition:
1. That each pair of lots shall use a
single, shared driveway to 4th
Street.
Staff supported the recommendation of the P&Z
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to pass on first reading
Ordinance #9636 with condition recommended by P&Z
and City staff. Motion carried: 7 Yeas; 0 Nays.
2.28 acre tract out of Section 11, Block E-2.
ORDINANCE #9637
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2460-J; A ZONING CHANGE FROM GO, C-2 AND R-1 TO A-2 ZONING, LIMITED TO
CHURCH RELATED USES ON A 2.28 ACRE TRACT OUT OF SECTION 11, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:16
a.m.
No one appeared on behalf of Southcrest Baptist
Church to present this request for zone change. Max
Winn spoke in favor of the zone change.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:17 a.m.
David Jones, Director of Planning, stated that the
request is an addition of land to an existing church
parcel where the Southcrest Baptist Church plans
their new facility. Adjacent land uses:
North - single family
South - R-1 vacant
East - R-1 vacant
West - R-1 vacant
August 26, 1993
Page 718
93-52B-718-589
(28.)
The proposal meets the guidelines of the
Comprehensive Land Use Plan for church location and
is consistent with zoning policies. The proposal
should have little effect on traffic.
The Planning and Zoning Commission recommended
approval of this request by a vote of 7-0 with one
condition:
Limited to church and church related uses.
Staff supported the recommendation of the P&Z
Commission.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Ince to pass on first
reading Ordinance #9637 with condition recommended
by P&Z and City staff. Motion carried: 7 Yeas; 0
Nays.
ORDINANCE #9638--Zone Case #2707 (4817 Slide Road) --
Hold a public hearing to consider request of John
Ropas (for Short Stop Hamburgers) for a zoning
change from C-3 to C-4 limited to a drive -through
restaurant and all C-3 uses on Lot 537, Block 0,
Kuvkendall Heights Addition.
ORDINANCE #9638
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2707; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO A DRIVE -THROUGH
RESTAURANT ON LOT 537, BLOCK 0, KUYKENDALL HEIGHTS ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:19
a.m.
John Ropas appeared on behalf of Short Stop
Hamburgers to present this request for zone change.
Cecil Puryear and Max Winn spoke in favor of the
zone change.
No one appeared in opposition. Mayor Langston
closed the public hearing at 11:21 a.m.
David Jones, Director of Planning, indicated that
this represents the second zone case to provide for
a Short Stop restaurant, and the fourth location in
Lubbock. The reason for the C-4 request is the
drive through or outside service nature of the
facility, with no inside seating. If 50 percent or
more of the building were devoted to seating, the
current zoning would allow the use. Adjacent land
uses relationships are as follow:
North - commercial
South - commercial
East - commercial
West - commercial
August 26, 1993
Page 719
At the corner of two major intersections, and
subject to being tied to the site plan, the proposal
is consistent with the Comprehensive Land Use Plan.
The proposal meets all relevant zoning policies and
should, as designed, reduce any impact on traffic to
the greatest extent possible. The curb cuts on the
site plan are not binding and are not intended by
Mr. Ropas to be the final product. He intends to
update the curb cuts to meet current Code.
The Planning and Zoning Commission recommended
approval of this request by a vote of 7-0 with one
condition:
Limited to a drive -through
restaurant and all unconditionally
permitted C-3 uses.
Staff supported the request. During the motion at
the Planning Commission, a condition adopting the
site plan was not specifically included. Due to
this oversight by the staff and Commission, staff
requested that Council add as the second condition
that approval be tied to the site plan.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Hernandez to pass on first
reading Ordinance #9638 with condition recommended
by P&Z and City staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-719-590
(29.) ORDINANCE #9639--Zone Case #2708 (north of llth
garden homes) on a four acre tract out of the
proposed Revier Farm Subdivision.
ORDINANCE #9639
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2708; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN
HOMES ON A FOUR ACRE TRACT OUT OF THE PROPOSED REVIER FARM SUBDIVISION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 11:25
a.m.
Ron Betenbough appeared to present this request for
zone change from R-1 to R-1 Specific Use. Cecil
Puryear and Max Winn appeared in favor of the zone
change.
No one appeared in opposition. Mayor Langston
closed the public hearing at 11:29 a.m.
David Jones, Director of Planning, stated that the
proposal will allow a one block portion of the
Revier Farms area to be developed as garden homes.
August 26, 1993
Page 720
During the Planning Commission meeting, several
adjacent landowners were adamant about concerns for
comparable values and materials of the garden homes
to existing construction in the subdivision. One
person also directly questioned the quality of
construction in several standard residential units
currently being constructed by the Betenboughs. At
the time of the P&Z meeting, the adjacent homeowners
were not content with the proposal. The proponent
did visit after the hearing with the persons who
spoke. The adjacent land uses are as follow:
North - residential
South - residential
East - residential
West - residential
As residential, the request conforms with the
Comprehensive Land Use Plan and zoning policy. The
site plan notes 24 lots @ 44 feet versus what would
be standard for the subdivision, 18 lots @ 60 feet.
The proposal should have little or no effect on
traffic more than standard residential. The
Planning and Zoning Commission recommended approval
of this request by a vote of 7-0.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9639 as recommended by P&Z and City
staff. Motion carried: 7 Yeas; 0 Nays.
August 26, 1993
Page 721
93-52B-721-591
(34.) Consider Resolution #4236 authorizing the Mayor to
sign Change Order No. 2 to the 1993 Street
Maintenance Contract.
RESOLUTION #4236
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
Change Order No. 2 to be entered into by and between the City of Lubbock
and Williams and Peters Construction Company, Inc., concerning the
Contract related to the 1993 Street Maintenance Program, 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 part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of August, 1993.
/s/ David R. Langston
DAVID R. LANGSTON
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CHANGE ORDER NO. 2
TO
1993 STREET MAINTENANCE PROGRAM
WHEREAS, the City Council has approved the 1993 Street Maintenance
Contract as listed in the specifications on January 14, 1993.
WHEREAS, the Contractor, Williams & Peters Construction Co., Inc.
agrees to the following changes:
(1) That the following streets shall be deleted from the 1993
Street Maintenance Program:
(a) 82nd St from Chicago Ave to Frankford Ave
(b) Utica Dr from 17th St to 19th St
(c) Kent St from I-27 to N Quirt Ave
(2) That the following streets shall be added to the 1993 Street
Maintenance Program:
(a) Memphis Ave from 19th St to 22nd St
(b) Louisville Ave from 19th St to 24th St
(c) Knoxville Ave from 21st St to 24th St
August 26, 1993
Page 722
(d) Joliet Ave from 19th St to 21st St
(e) 22nd St from Indiana Ave to Memphis Ave
(f) 23rd St from Ithaca Ave to Memphis Ave
(g) Redbud Ave from Parkway Dr to E Colgate St
NOTE: The estimated quantities of asphalt and rock for the
above additional streets are equal to the quantities
estimated for the deleted streets, therefore no
project quantity adjustments are required as a result
of the above additions and deletions.
(h) Roads and parking areas at Holley Ave Power Plant
(i) Parking areas at the Fire Training Academy and Fire
Station No. 6.
(j) An additional parking area at the Memorial Civic
Center (Library parking area).
(3)
That Bid
Item
No. 1
(Asphalt
for Course No. 1)
shall be
increased
by
1,550
gallons.
(4)
That Bid
Item
No. 2
(Asphalt
for Course No. 2)
shall be
increased
by
2,010
gallons.
(5)
That Bid
Item
No. 3
(Asphalt
for Single Course)
shall be
increased
by
7,250
gallons.
(6)
That Bid
Item
No. 4
(Rock for
2nd Course) shall
be increased
by 310 cubic
yards.
(7) That Bid Item No. 5 (Rock for 1st Course) shall be increased
by 70 cubic yards.
(8) That Bid Item No. 7 (6" Black Base Patching) shall be
increased by 50 square yards.
(9) That Bid Item No. 10 (1 1/2" Hot Mix Patching) shall be
increased by 280 square yards.
(10) That Bid Item No. 11 (Curb and Gutter Patching) shall be
increased by 220 linear feet.
(11) That Bid Item No. 13 (Sidewalk/Driveway Patching) shall be
increased by 220 square yards.
(12) The Contract Time and Order of Completion (Section 1, Item
4) is extended fifteen (15) days to allow for the additional
work (Items (2)(h), (2)(i), and (2)(j) above).
Original Amount of Contract $1,595,331.10
Amount Increased by Change Order #1 $ 120,136.80
Amount Increased by Change Order #2 $ 32,396.50
New Contract Total $1,747,864.40
This Change Order represents a 1.9% increase in the Contract.
THIS AGREEMENT WITNESSETH: In consideration of the above listed
changes to the 1993 Street Maintenance Contract, the Owner and the
Contractor agree to the herein changes.
August 26, 1993
Page 723
The aforementioned changes and work affected hereby, are subject
to all Contract stipulations and covenants.
IN WITNESS THEREOF, the Owner and the Contractor have hereto set
their hands this 26th day of August, 1993.
APPROVED: APPROVED:
City of Lubbock Williams & Peters Construction
Company, Inc.
BY:/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
BY:/s/ Dean Williams
Dean Williams, President
Change Order No. 1 authorized the widening and seal
coating of 82nd Street west of Frankford Avenue to
the city limits. This work was necessary because of
the increased traffic load on 82nd Street west of
Frankford Avenue, the new Frenship Independent
School District elementary school at 81st and
Homestead Avenue, the new FISD intermediate school
at 82nd Street and Brownfield Highway, and to match
the recent widening to the county road from the west
city limits to the Brownfield Highway. The original
contract was increased by $120,136.80 by Change
Order No. 1.
The continuing construction activities near 82nd
Street and Frankford Avenue and at the Methodist
Hospital complex require that certain changes be
made to the original list of streets to be seal
coated on the 1993 Street Maintenance Program.
These, along with other minor changes and additions,
are described below.
Eighty-second Street from Chicago Avenue to
Frankford Avenue was removed from the program
because of the continuing construction adjacent to
82nd Street. Utica Drive from 17th Street to 19th
Street was removed because of overflow drainage in
the street from Higginbotham Park. Kent Street was
removed because it was felt it could wait until next
year and there were other streets that had a greater
need of sealing. The streets around Methodist
Hospital (Memphis Avenue from 19th Street to 22nd
Street; Louisville Avenue from 19th Street to 24th
Street; Knoxville Avenue from 21st Street to 24th
Street; 22nd Street from Indiana Avenue to Memphis
Avenue; 23rd Street from Ithaca Avenue to Memphis
Avenue) need attention now because of the heavy
construction activity last year. Redbud Avenue also
could not wait until next year because it is a
Citibus route.
August 26, 1993
Page 724
According to staff memo, Lubbock Power and Light
needs a seal coat and some patching on the roads and
parking areas at the Holly Avenue Power Plant. The
Fire Department requested that the parking areas at
the Fire Training Academy and Fire Station No. 6 be
patched and sealed. Both departments could save
money by placing these items on an existing seal
coat contract.
The Memorial Civic Center has all the parking areas,
except the Library parking area, scheduled to be
patched and sealed on this year's Maintenance
Program. It was determined that there are
sufficient funds to include the Library parking
area.
The addition and deletion of streets in the first
paragraph requires no change to the original
contract quantities. Lubbock Power and Light, the
Fire Department, and the Civic Center have funds
available for the work. An extension of time (15
days) is required because of the additional work
relating to the Fire Department, Civic Center, and
Lubbock Power and Light projects.
This Change Order represents a 1.9 percent increase
to the 1993 Street Maintenance Program.
Original Amount of Contract $1,595,331.10
Amount Increased Change Order # 1 120,136.80
Amount Increased Change Order V2 32,396.50
New Contract Total $1,747,864.40
Therefore, because the addition and deletion of
streets requires no additional funding, and because
the funding for the Lubbock Power and Light, the
Fire Department, and the Civic Center work is
already in place, staff recommended the approval of
Change Order No. 2 authorizing the additional work
on the 1993 Street Maintenance Program, and the
extension of time for seal coating from September 1;
1993 to September 15, 1993.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4236 as recommended by staff. Motion carried: 6
Yeas; 0 Nays--Councilmember Ince absent from the
Council Chambers.
. .�.J--- --7 ----
Page 725
93-52B-725-592
(35.) Consider Resolution #4237 authorizing the Mayor to
sign a Street Dedication Deed for Aspen Avenue (2200
East 19th).
RESOLUTION #4237
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Street Dedication Deed, 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 26th 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/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Street Dedication Deed is filed with Resolution No. 4237.
This resolution authorizes the Mayor to sign a
street dedication deed for Aspen Avenue in Section
3, Block B, Lubbock County, Texas. Aspen Avenue
will serve the Lubbock Regional MHMR tract of land
recently sold to them south of East 19th Street.
This portion of Aspen Avenue being dedicated is 56
feet wide and approximately 1,610 feet long. The
Right -of -Way Department recommended this Aspen
Avenue dedication.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4237
as recommended by staff. Motion carried: 6 Yeas;
0 Nays--Councilmember Cooke absent from the Council
Chambers.
93-52B-725-593
(36.) Consider a resolution authorizing the conveyance of
This item was deleted from the agenda.
August 26, 1993
Page 726
41ItA:0,,&•t-1 %ll!
(37.) Consider Resolution #4238 authorizing the Mayor to
execute a Cooperation Agreement between the Lubbock
Housing Authority and the City of Lubbock.
RESOLUTION #4238
:3�i1:����I��/��>•:�'i�a��lii't�I�I�1►I����I��.I��li�'L�I���1:�:��I�1:�
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
Cooperation Agreement between the City of Lubbock and the Housing
Authority of the City of Lubbock. 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 26th 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/ Jeff Hartsell
Jeff Hartsell, Assistant City
Attorney
A copy of the Cooperation Agreement between the Housing Authority and
the City of Lubbock is filed with Resolution No. 4238.
Under the State Law creating and authorizing Public
Housing Authorities, cities were allowed to collect
a payment in lieu of taxes instead of ad valorem
taxes on property. In return for that payment, the
City agreed to maintain the same level of services
for areas where Housing Authority properties are
located, and these services include police, fire,
sanitation, water, etc.
Annually, the Housing Authority must calculate the
payment in lieu of taxes (PILOT) based upon the rent
which is collected, and the number of units which
are under the control of the Housing Authority. The
payments to the City have been between $35,000-
$44,000.
HUD has just contacted all Public Housing
Authorities and require that within the next
fourteen days new cooperation agreements be executed
and refiled with HUD. The previous cooperation
agreement was executed in February, 1980. Staff
recommended the approval of this Cooperation
Agreement in accordance with HUD.
August 26, 1993
Page 727
Motion was made by Councilmember Aderton, seconded
by Councilmember Patterson to authorize Resolution
#4238 as recommended by staff. Motion carried: 5
Yeas; 0 Nays --Mayor Pro Tem Neugebauer and
Councilmember Cooke absent from the Council
Chambers.
93-52B-727-595
(38.) Consider Resolution #4239 authorizing the Mayor to
execute and submit the HOPE 3 Implementation Grant
AAoalication and all related documents.
RESOLUTION #4239
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 HOPE
3 Implementation Grant Application for the year 1993 and related
documents; and
THAT the City Council of the City of Lubbock hereby authorizes
said Implementation Grant Application containing local matching funds
for the total amount of $572,200 from:
1. The donation of City owned houses totalling $332,720;
and
2. The carry-over match from the 1992 HOPE Program in the
amount of $154,280.
3. Community Development Block Grant 5% Cash Match of
$85,200.
THAT said application is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 26th 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/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
A copy of the HOPE 3 Implementation Grant Application is filed with
Resolution No. 4239.
August 26, 1993
Page 728
Under the Cranston -Gonzalez Affordable Housing Act,
the Homeownership Opportunities for People
Everywhere (HOPE) was created. The City of Lubbock
has prepared an application for funding for the 1993
fiscal year. The HOPE Program is designed to
increase affordable homeownership opportunities for
low and moderate income families. The maximum grant
to a City this year is $3 million, and the grants
are awarded on a competitive basis. The City of
Lubbock's application is for $1,710,000.
The Housing and Community Development Department
received $1,000,000.00 and assisted 33 families in
the FY 1992 Hope Program. The 1993 HOPE 3 proposal
is to assist 36 first time homebuyers. The City
Council was requested to consider donating, for the
purposes of match, six additional units acquired
along the Indiana right-of-way. These units, like
the ten units donated in the FY 1992 HOPE 3 program,
will be moved to other Affordable Housing
Neighborhoods.
The HOPE 3 program is the replacement to the Urban
Homesteading program and while the programs have
many similarities, they contain several significant
differences. These include:
1. A local match of 33 percent. The
proposed match is comprised of the
total value of properties to be
donated, which is $332,720; $89,075
property credit, and $65,205
administration, totaling $154,280
carry-over match of unused funds
from the FY 1992 Program; and 5
percent cash match of $85,200 from
CDBG for an overall total of
$572,200.
2. A requirement that a local
non-profit must participate with the
City on the program.
3. Additional homeownership activities
are eligible under HOPE 3, i.e.,
down payments and closing costs
subsidy programs.
The City of Lubbock's proposed Grant is for
$1,710,000, and the application includes three major
components. These include $870,000 for property
acquisition, $550,000 for the rehabilitation, and
$30,000 for the homebuyer closing costs. In regards
to property acquisition, the properties being
purchased are generally VA or FHA vacant repossessed
houses. Occasionally an RTC house will become
available and staff have also purchased these types
of properties in the past. The properties which
have been acquired are usually at a point of
becoming blighting influences on the neighborhood in
which they are located. These are properties that
have been vacant for some time and are in dire need
of rehabilitation.
August 26, 1993
Page 729
The second component of the application is $550,000
for the rehabilitation of the properties that have
been budgeted in the grant. The funding for the
rehabilitation of the house are also designed to be
a partial loan and a no interest, deferred payment
loan. Only low to moderate income first-time
homebuyers are eligible for a HOPE house and the
rehabilitation assistance. The portion of the
rehabilitation assistance that will be a payback
loan is based on a sliding scale of total family
income. In addition to qualifying based on income,
a HOPE applicant is required to attend both pre and
post Homeownership Nurturing Classes which range in
a variety of topics from Family Finances to Mortgage
and Foreclosure. A prospective applicant must also
have a reasonably good credit history and meet other
underwriting criteria. The HOPE program rules
prescribe that successful HOPE applicants not be
charged more than 30 percent of their total annual
income for housing, and this includes both the
mortgage payment and any portion of rehabilitation
loan they will have to pay back.
Often the low to moderate income families
participating under this program do not have the
cash available to set up escrow accounts.
Therefore, $30,000 for homebuyer closing costs has
been budgeted in the grant application.
The City's proposal is in cooperation with Lubbock
Habitat for Humanity Inc. In order to satisfy the
requirement of a non-profit participant, Habitat for
Humanity will administer pre -homeownership nurturing
and training classes. The amount of this
subcontract will be $10,000.
'W" The HOPE Application must be at HUD by 4:00 p.m. on
September 3, 1993. By November, 1993 staff
anticipated HUD will have reviewed all applications
and notified the approved applicants. If the City
of Lubbock HOPE application is approved, staff
anticipated that the program will be kicked off
towards the end of the first quarter of 1994.
The Housing and Community Development staff
recommended approval and execution of the FY 1993
HOPE 3 Implementation Grant Application and all
related documents containing local total matching
funds of $572,200.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4239
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
August 26, 1993
Page 730
93-52B-730-596
(39.)
amended.
ORDINANCE #9640
AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 6 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO APPEALS FROM
THE BOARD OF ELECTRICAL EXAMINERS; ADOPTING THE 1993 NATIONAL ELECTRICAL
CODE; ADDING A NEW SECTION 6-151.1 PERTAINING TO ELECTRICAL WORK
INSTALLED BY UNLICENSED PERSONS; AMENDING THE REQUIREMENTS FOR A
JOURNEYMAN ELECTRICIAN'S LICENSE; AMENDING SECTION 6-163(b) TO PROVIDE A
SURETY BOND ALTERNATIVE TO INSURANCE FOR MASTER ELECTRICIANS; AMENDING A
PORTION OF THE NATIONAL ELECTRICAL CODE WITH REGARD TO PENINSULA
RECEPTACLES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The City of Lubbock uses the National Electrical
Code as its code for safety of electrical
installation as written by the National Fire
Protection Association. This code is amended
annually and a new code is printed every three years
in order to keep it abreast of new technology,
materials, and methods.
The City of Lubbock Board of Electrical Examiners
has reviewed the 1993 Code and recommended that
staff adopt it with the present amendments. There
were five sections that the board felt should be
changed from the present 1990 code, and they are as
follows:
1. The board is recommending that
Section 2-458 be amended to state
that the decision of the board shall
be final. Any appeals would be to a
court of law, and not to City
Council.
2. Section 6-151-1 would require that
work performed by unlicensed persons
would need to be removed and
installed by licensed persons unless
approved by the Building Official
and a Master Electrician.
3. Subsection 6-159(a)(2) be amended to
reduce Journeymen's required
apprenticeship under a Master
Electrician from five to four years.
4. Section 6-163(b) would allow
contractors to have a $10,000 Bond
before acquiring permits if they did
not have the $100,000 liability
insurance.
5. Section 6-244.1 will remove the
requirement of receptacles on
peninsular counter tops if a
receptacle is located directly where
the bar attaches to the wall
provided the bar does not have a
vertical backsplash of more than
five inches.
August 26, 1993
Page 731
The chairman of the Electric Board of Examiners was
present to respond to questions. Staff recommended
that the City Council accept the recommendation of
the board and adopt the 1993 Code with the proposed
changes.
Motion was made by Councilmember Ince, seconded by
Councilmember Aderton to pass on first reading
Ordinance #9640, stipulating that Section 5 of the
ordinance be deleted and that the liability
insurance issue be considered at a later date.
Motion carried: 7 Yeas; 0 Nays.
93-52B-731-597
(40.) Consider Resolution #4240 authorizing the Mayor to
enter into a contract with Joe McKay for
architecture and engineering services at the
Airport.
RESOLUTION #4240
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 (Owner) and Joe D. McKay,
A.I.A. (Architect) for re -roofing and HVAC replacement, Phase Two for
Lubbock International Airport, 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 26th day of August, 1993.
Ls/ 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:
L1 Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement between the City of Lubbock and Joe D. McKay,
A.I.A. (Architect) is filed with Resolution No. 4240.
August 26, 1993
Page 732
According to staff memo, the Lubbock International
Airport Passenger Terminal building, originally
dedicated in 1976, is completing a renovation of its
heating, ventilation and air conditioning (HVAC)
systems. The second phase of this renovation,
authorized by the recent bond election, is a
continuation of the original Phase 1 of the project
which was completed in 1991. This project will
complete the removal of original equipment that has
reached the end of its lifespan. Phase II will also
add one boiler, one chiller, one additional cooling
tower and give the terminal building adequate
control systems for its enhanced HVAC capability and
also mechanisms to protect these assets now and into
the future.
The replacement and removal of the existing HVAC
equipment on the Passenger Terminal roof will also
require roof work to be performed. The recent
authorization for the sale of bonds also included
dedicated funds for passenger terminal roof
renovation. A coordinated effort will be made by
Joe McKay to successfully combine these efforts in
order to protect the integrity of the terminal roof.
The roof design work previously done for the
original project will be updated and expanded to
encompass the entire roof.
Mr. McKay was the designer for the roof portion of
the Phase I of this renovation and has been selected
to design the Airport roofing requirements and to
incorporate the HVAC engineering into the overall
project. The fees for these services are at rates
consistent with local scales.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4240
as recommended by staff. Motion carried: 6 Yeas;
0 Nays--Councilmember Aderton absent from the
Council Chambers.
August 26, 1993
Page 733
(41.) Consider Resolution #4241 authorizing the Mayor to
execute a lease with Mesa Airlines. Inc. d/b/a
United Express.
RESOLUTION #4241
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 by and between the City of Lubbock and Mesa Airlines, Inc.,
d/b/a United Express, 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 26th 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/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Lease Agreement between the City of Lubbock and Mesa
Airlines, Inc., d/b/a United Express is filed with Resolution No. 4241.
United Express, operated by Mesa Airlines, Inc.,
began service to Lubbock on May 10, 1993. The
entrance of United Express into the Lubbock market
has given the travelers of this region direct access
into all of the "Big Three" domestic carriers which
are American, United and Delta. The Lubbock flights
are scheduled to meet United's 215 flights daily out
of the Denver hub.
United Express is occupying space in the secondary
ticketing lobby formerly occupied by Continental
Express. This exclusive space consists of 1,168
square feet for an annual rental of $14,635.04
($12.53 a square foot a year). The rental of this
space takes the Airport to 100 percent occupancy of
improved airline ticket counter space. United
Express has committed to a standard airline
agreement and participates in all related charges.
The total impact of these charges currently amounts
to approximately $58,000 annually. In addition,
many of these charges are subject to annual CPI
increases. This agreement is for three years with
the scheduled expiration date to April 30, 1996.
The Legal Department has prepared this lease for
execution. Staff presented it to the Airport Board
who unanimously recommended the lease to the City
Council for approval.
August 26, 1993
Page 734
93-52B-734-599
(42.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4241 as
recommended by the Airport Board and City staff.
Motion carried: 6 Yeas; 0 Nays--Councilmember
Aderton absent from the Council Chambers.
capital assistance.
RESOLUTION #4242
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
amendment to the Transportation Contract numbered Contract 511-XXF-6032
to be entered into by and between the City of Lubbock and the Texas
Department of Transportation, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 26th 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 V. Hoffman
Larry V. Hoffman, Director
of Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
AMENDMENT TO CONTRACT
NO. 2
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AMENDMENT TO CONTRACT made by and between the State of Texas
acting by and through the Texas Department of Transportation hereinafter
called the "State", and the City of Lubbock hereinafter called the
"Contractor".
August 26, 1993
Page 735
WITNESSETH
WHEREAS, the State has been designated as the supervising agency
for the Local Match for Transit Providers (LMT) program by the Office of
the Governor, consistent with the "Oil Overcharge Restitutionary Act",
Article 4413(56), as amended, V.T.C.S.: and
WHEREAS, on June 27, 1991, a contract was entered into by and
between the above -mentioned parties, which contract provided for the
city to receive funds from the State for the purchase of two vans and
the construction of a transfer center; and
WHEREAS, both the State and the Contractor have agreed to extend
the contract period in order to expend obligated funds; and
NOW, THEREFORE, in consideration of the mutual covenants herein
set forth, the parties hereto agree to amend the above -mentioned
contract as follows:
I. Article 1, page 1, sentence 1 is revised to read: "This
contract becomes effective on June 27, 1991 and shall
terminate on August 31, 1994 unless otherwise terminated or
modified as hereinafter provided."
II. All of the other terms, conditions and provisions of the
original contract shall remain in full force and effect.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed.
STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the order,
established policies or work programs
heretofore approved and authorized
by the Texas Transportation Commission
under the authority of Minute Order
91559.
APPROVED:
BY:
Director of Public Transportation
RECOMMENDED FOR EXECUTION:
CITY OF LUBBOCK
BY:/s/ David R. Langston
David R. Langston, Mayor
Date: August 26, 1993
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
Date: August 26, 1993
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
District Engineer, District 5 Larry V. Hoffman
Director --Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
Assistant City Attorney
The state contract in the amount of $396,000 is for
a portion of the local share of the Downtown
Transfer Plaza ($370,000) and the total local share
for the purchase of two vans ($26,000). The vans
have been purchased, but the DTP is not yet
completed. The funds are restricted to these areas
because they are from the Oil Overcharge Fund for
Local Match for Transit Providers.
August 26, 1993
Page 736
The amendment is to extend the contract for one more
year to August 31, 1994. All TxDOT contracts for
public transportation projects are written for one
year only. Such contracts can be extended as many
times as necessary to complete a project as long as
significant progress is being made. Currently,
Contract No. 511-XXF-6032 will expire on August 31,
1993, but the Downtown Transfer Plaza (DTP) will not
be complete prior to the termination of this
contract. The tentative completion date for the
facility is March, 1994.
Although the demolition phase of the DTP has begun,
the construction of the project will not be
completed until March, 1994. Therefore, staff
recommended that the City Council authorize the
amendment to Contract No. 511-XXF-6032 which allows
for a one-year extension of the contract to August
31, 1994.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Ince to authorize
Resolution #4242 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Aderton
absent from the Council Chambers.
93-52B-736-600
(43.) Consider Resolution #4243 authorizing the Mayor to
sign a contract No. 514-XXF-6012 with the Texas
Department of Transportation (TxDOT) for operating
assistance.
RESOLUTION #4243
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
Contract No. 514XXF6012 and related documents to be entered into by and
between the City of Lubbock and the Texas Department of Transportation,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th 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 V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
A copy of Contract No. 514XXF6012 is filed with Resolution No. 4243.
August 26, 1993
Page 737
F'
L
State Public Transportation Funds of $225,000 are
being allocated to the City of Lubbock for FY 1994.
These funds will be used for operating assistance.
The contract becomes effective on the final date of
execution by the State's Director of Public
Transportation and will terminate on August 31,
1994. Citibus plans to begin using the money
October 1, 1993.
Citibus recommended that the City Council authorize
contract No. 514-XXF-6012.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4243 as recommended by staff. Motion carried: 6
Yeas; Nays--Councilmember Aderton absent from the
Council Chambers.
93-52B-737-601
(44.) Consider Resolution #4244 to accept dedicating of
public park in King's Park Addition.
RESOLUTION #4244
WHEREAS, the City of Lubbock and Sentry Savings Association, as
trustee and authorized agent for several other financial institutions,
herein called "Grantors," executed a Drainage Easement recorded in
Volume 2655, Page 59 of the Real Property Records of Lubbock County,
Texas; and
WHEREAS, included within the above -referenced Drainage Easement
was an agreement between the City and Grantors for the development of a
public park; and
WHEREAS, Grantors' successor in interest, being Escondido Oil
Company, and also Graco Real Estate Development Inc., have developed a
public park in accordance with such agreement, and addendums thereto;
and
WHEREAS, the Director of Parks and Recreation for the City of
Lubbock has advised the Council that the proposed park has been
developed in accordance with the plans and specifications for said park
and recommends that the property on which the park is located be
dedicated as park property and be accepted by the governing body of the
City as park property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Council hereby accepts as park property the
real property, together with improvements thereon, described in the two
instruments entitled "Correction Dedication of Public Park," both of
which are attached to this Resolution and incorporated herein for all
purposes.
August 26, 1993
Page 738
SECTION 2. THAT the Right -of -Way Agent for the City of Lubbock is
hereby authorized and directed to file said instruments dedicating such
real property and improvements as park property in the Real Property
Records of Lubbock County, Texas.
Passed by the City Council this 26th 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
A copy of the Correction Dedication of Public Park is filed with
Resolution No. 4244.
In an effort to reduce flooding problems in the
Leroy Elmore Park area, the City Council passed
resolution #2651 on October 7, 1987 pertaining to a
drainage easement that exits the playa lake to the
south through what is currently the King's Park
Addition. The City paid $141,000 for the drainage
easement with an ancillary agreement that $110,000
be escrowed by the grantor, in an interest bearing
account to be used exclusively for the development
of a park area.
The park development was to have been completed
within five years; however, due to various
complications a one-year extension was granted by
the City Council in September, 1992. Upon
completion of the park development it was agreed
that the area was to be dedicated as a park and
maintained by the City.
Lubbock Development, Inc. assumed the
responsibilities of the grantor and has worked with
the Parks and Recreation Department on the project.
Due to the park area hosting a portion of a playa
lake, a proposal was agreed to that Graco, Inc.
dedicate the remaining portion of the playa lake and
surrounding property to the City in conjunction with
the original agreement. In addition, Graco, Inc.,
was to pay for park improvements consistent with the
development of the adjoining property.
The total property consists of approximately 26
acres including a 12 acre lake. With the available
funds from the escrow monies and added interest
combined with funds contributed by Graco, Inc., an
irrigation system has been installed, 260 trees have
been planted, and buffalo grass seed has been
planted. There are no remaining funds for
additional park amenities available.
August 26, 1993
Page 739
The area has been developed in accordance with the
ancillary agreement in the drainage easement and all
conditions have been fulfilled. Therefore, it was
staff's recommendation that the properties be
accepted by the City of Lubbock as a dedicated park.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4244
as recommended by staff. Motion carried: 5 Yeas;
0 Nays--Councilmember Ince recused; Councilmember
Aderton absent from the Council Chambers.
93-52B-739-602
(45.) Consider an amendment to Section 19-2(b)(2) of the
Code of Ordinances as it relates to the consumption
of alcoholic beverages at selected park facilities.
ORDINANCE #9641
AN ORDINANCE AMENDING SECTION 19-2(b)(2) OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THE FENCED AREA SURROUNDING THE
LANDWAR HOUSE TO THOSE SELECTED PARK FACILITIES AT WHICH THE SALE AND/OR
CONSUMPTION OF ALCOHOL MAY BE PERMITTED; PROVIDING FOR A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
During the past several years, the Parks and
Recreation Department has been approached by various
organizations concerning the promotion of outdoor
concert events at the Buddy Holly area of the
Yellowhouse Canyon Lakes. Frequently these requests
include the desire of the organization to sell
alcoholic beverages as a part of the event due to
major sponsors being affiliated with either local or
national brewery companies.
At the February 9, 1989 City Council meeting,
Ordinance #9254 was passed which permitted the sale
and consumption of beer and/or wine at selected park
areas and Meadowbrook Golf Course. This ordinance
was amended on April 26, 1990, deleting the Garden
and Arts Center from those selected park areas. The
ordinance currently states that the sale and/or
consumption of alcohol may be permitted at the
following selected park facilities: Mackenzie
Outdoor Center, The Fine Arts Center, and Landwer
House, during specific events. Guidelines and
procedures have been developed to ensure that the
sale and/or provision of alcoholic beverages would
be conducted by licensed and approved concessionaire
or caterer only; by permit; and that proper control,
access, security and management of selected events
are appropriate for the sale and/or consumption of
alcohol.
Staff in the Parks and Recreation Department has
evaluated the possibility of expanding the
boundaries of the Landwer Party House to include the
Buddy Holly area. Specific boundaries include the
area east of the Landwer House to University Avenue
and south of Canyon Lakes Road to the south property
line.
This subject was considered at the April 27, 1993
Parks and Recreation Board meeting and after
discussion, the Parks Board unanimously approved the
recommendation to amend the ordinance and forward to
the City Council for consideration.
August 26, 1993
Page 740
The proposed amendment would allow for the use of
alcoholic beverages at the Buddy Holly area for
selected events. Procedures to control the use and
consumption of alcohol have been established and
amending the ordinance would enhance the possibility
for large scale concert events to be sponsored by
local or national brewery companies. Staff
recommended that the City Council amend the
ordinance to include the Buddy Holly area as a
selected park facility where alcohol may be sold and
consumed.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9641, with the option to amend before
approval on second and final reading. Motion
carried: 5 Yeas; 1 Nay --Mayor Pro Tem Neugebauer;
Councilmember Aderton absent from the Council
Chambers.
93-52B-740-603
(46.) Consider Resolution #4245 authorizing the Mayor to
execute the necessary contract documents with the
Texas State Library and Archives Commission to
support the West Texas Library System (WTLS). the
Interlibrary Loan Grant Program (ILL), and the Major
Urban Resource Libraries (MURL) Grant Program.
RESOLUTION #4245
WHEREAS, the City of Lubbock annually contracts with the Texas
State Library for various grants in support of its role as a Major
Resource Center in the West Texas Library System; and
WHEREAS, such grants serve to improve and expand the program of
the Lubbock City -County Library; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock the
following named grant contracts and associated documents with the Texas
State Library:
a) Urban Library Aid Contract (Contract No. 505.13);
b) Contract for Library System Services (Contract No. 498.9);
c) Contract for Library System Services (Contract No. 499.9); and
d) Contract for Interlibrary Loan Services (Contract No. 500.4).
August 26, 1993
Page 741
Said contracts, attached herewith, shall be spread upon this Council and
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 26th 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/ Jeff Rippel
Jeff Rippel, Library Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Copies of the Urban Library Aid Contract #505.13, Contract for Library
System Services #498.9, Contract for Library System Services #499.9 and
Contract for Interlibrary Loan Services #500.4 are filed with Resolution
No. 4245.
The West Texas Library System (WTLS) is a state
funded grant program designed to improve library
service programs in a 29-county area of West Texas.
WTLS is one of the ten established under the Library
Systems Act, 1969, and the program is administered
by the Texas State Library. The WTLS service
program, funded totally by the State of Texas, is
comprised of various elements designed to improve
and expand the service programs of the libraries
which are members of the System. Also, the system
encourages the establishment of public libraries in
communities which do not have library services. At
the end of the current state fiscal year (SFY93) 30
libraries were qualified for membership. This
number will increase to 33 libraries during SFY94.
The Lubbock City -County Library was designated as
the Major Resource Center or headquarters for the
WTLS program as of September 1, 1974. This year is
the 20th annual such contract renewal.
As the Major Resource Center the Lubbock City -County
Library also serves as the headquarters for the ILL
and MURL grant programs. The ILL Center locates and
requests materials for all public libraries,
community college libraries, and special libraries
within the 29 county area served by WTLS. The MURL
grant is provided to all cities in the United States
with populations over 100,000. It enhances local
collections to better serve the information needs of
persons residing outside Lubbock County but who rely
on Lubbock City -County Library to be their regional
information center.
August 26, 1993
Page 742
93-52B-742-604
(47.)
These three programs are fully funded by the State
of Texas and the City has no responsibility or
obligation in the event that funds are not
appropriated or provided. The Texas State Library
contracts with the City of Lubbock, Lubbock City -
County Library for housing of staff and
implementation of the service program components.
The City of Lubbock will receive compensation of
9.03 percent of direct charges to reimburse the cost
of fiscal administration of the grant.
For administrative purposes, the Texas State Library
divides the system grant into two (2) contracts.
The total of the two are $434,675. Contract #498.9
is for $319,209 and 499.9 is for $115,466. The ILL
grant Contract #500.4 is for $72,444. The MURL
grant Contract #505.13 is for $17,196. Staff
recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4245 as recommended by staff. Motion carried: 6
Yeas; 0 Nays--Councilmember Aderton absent from the
Council Chambers.
District.
RESOLUTION #4246
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
Interlocal Agreement for Cooperative Purchasing by and between the City
of Lubbock and Lubbock Independent School District, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 26th 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
A copy of the Interlocal Agreement for Cooperative Purchasing between
the City of Lubbock and Lubbock Independent School District is filed
with Resolution No. 4246.
August 26, 1993
Page 743
The City of Lubbock and the Lubbock Independent
School District desire to cooperate on selected
governmental purchases in order to enjoy greater
economy of scale and thereby reduced prices for
certain commodities used by both governmental
entities. Pursuant to Section 791.012, the laws of
the particular entity making the particular purchase
will apply to the purchase unless the law of the
other entity is more strict and would prohibit the
purchase being made in such a manner. In such a
case, the purchase will be made in conformance with
the most stringent applicable regulation. The City
of Lubbock and the Lubbock Independent School
District will engage in the purchase of items and
services that are used by both entities and as
jointly agreed upon by the purchasing officers of
both entities. As a general rule, the governmental
entity that uses the most of a particular commodity
or service will be the lead agent in making a joint
purchase. Each entity will be responsible for
payment of its portion of the proportionate purchase
costs directly to the vendor.
The period of this Interlocal Agreement will be for
the balance of the fiscal year and will thereafter
be automatically renewed annually for each
succeeding fiscal year of the City. Staff
recommended approval.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Ince to authorize
Resolution #4246 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Aderton
absent from the Council Chambers.
August 26, 1993
Page 744
(48.) Consider Resolution #4247 authorizing the Mayor to
execute an interlocal agreement with South Plains
Association of Governments.
RESOLUTION #4247
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
Interlocal Agreement by and between the City of Lubbock and South Plains
Association of Governments, 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 26th 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
A copy of the Interlocal Agreement for Cooperative Purchasing between
the City of Lubbock and South Plains Association of Governments is filed
with Resolution No. 4247.
The City of Lubbock and the South Plains Council of
Governments desire to cooperate on selected
governmental purchases in order to enjoy greater
economy of scale and thereby reduced prices for
certain commodities used by both governmental
entities. Pursuant to Section 791.012, the laws of
the particular entity making the particular purchase
will apply to the purchase unless the law of the
other entity is more strict and would prohibit the
purchase being made in such a manner. In such a
case, the purchase will be made in conformance with
the most stringent applicable regulation. The City
of Lubbock and the South Plains Council Of
Governments will engage in the purchase of items and
services that are used by both entities and as
jointly agreed upon by the purchasing officers of
both entities. As a general rule, the governmental
entity that uses the most of a particular commodity
or service will be the lead agent in making a joint
purchase. Each entity will be responsible for
payment of its portion of the proportionate purchase
costs directly to the vendor.
August 26, 1993
Page 745
The period of this Interlocal Agreement will be for
the balance of the fiscal year and will thereafter
be automatically renewed annually for each
succeeding fiscal year of the City. Staff
recommended approval.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Ince to authorize
Resolution #4247 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Aderton
absent from the Council Chambers.
93-52B-745-606
(49.) Consider Resolution #4248 authorizing the Mayor to
execute an interlocal agreement with Lubbock County.
RESOLUTION #4248
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
Interlocal Agreement for Cooperative Purchasing by and between the City
of Lubbock and Lubbock County, 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 26th 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
A copy of the Interlocal Agreement for Cooperative Purchasing between
the City of Lubbock and Lubbock County is filed with Resolution No.
4248.
August 26, 1993
Page 746
The City of Lubbock and Lubbock County desire to
cooperate on selected governmental purchases in
order to enjoy greater economy of scale and thereby
reduced prices for certain commodities used by both
governmental entities. Pursuant to Section 791.012,
the laws of the particular entity making the
particular purchase will apply to the purchase
unless the law of the other entity is more strict
and would prohibit the purchase being made in such a
manner. In such a case, the purchase will be made
in conformance with the most stringent applicable
regulation. The City of Lubbock and Lubbock County
will engage in the purchase of items and services
that are used by both entities and as jointly agreed
upon by the purchasing officers of both entities.
As a general rule, the governmental entity that uses
the most of a particular commodity or service will
be the lead agent in making a joint purchase. Each
entity will be responsible for payment of its
portion of the proportionate purchase costs directly
to the vendor.
The period of this Interlocal Agreement will be for
the balance of the fiscal year and will thereafter
be automatically renewed annually for each
succeeding fiscal year of the City. Staff
recommended approval.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Ince to authorize
Resolution #4248 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Aderton
absent from the Council Chambers.
93-52B-746-607
(51.) Hold an executive session, in accordance with
Article 6252-17, Sec. 2(e), VATS, to discuss pending
litigation (Fire Department); Sec. 2(f) to discuss
land acquisition (Solid Waste).
93-52B-746-608
(30.) Hold a public hearing on the proposed 1993-94
Budget.
As required by State law the City Council must hold
a public hearing on the proposed 1993-94 budget
prior to approval of the budget.
Legal Notices publicizing the Public Hearing were
printed in the Lubbock Avalanche -Journal on August
22, 1993. The proposed budgets have been reviewed
by the City Council during budget work sessions in
June and July. The Proposed Budget was filed, as
required by State law, with the City Secretary on
August 9th.
Mayor Langston opened the public hearing at 6:03
p.m.
Robert Dominguez, Executive Director of COMA, voiced
objection to the proposed budget item for funding
the Lubbock Visitors and Conventions Bureau. He
indicated that COMA could assist Lubbock in bringing
additional conventioners to the city, but it is not
funded.
August 26, 1993
Page 747
Paula Montoya, representing COMA and LULAC,
addressed concerns relative to minority
representation on the Advisory Board to Conventions
Bureau. Council assured Ms. Montoya that in the
future minorities would be considered not only for
Board appointments but also for staff positions.
Joy Young, representing the Overton South
Neighborhood Association, asked that Council
consider acquiring the old Thompson Junior High site
for the purpose of developing a park there. She
indicated that this area needs a nice park due to
the high number of children in the area and the low
median income. Mayor Pro Tem Neugebauer asked Ms.
Young to what extent the resident would be willing
to participate in a joint venture to place a park in
the neighborhood. Ms. Young indicated that she
thought the residents would be receptive to such a
venture. Ms. Young also asked that Council consider
assigning more code enforcement officers to the
Overton area.
Mikel Ward, representing SPARTAN, requested that
Council hold public hearings on how to spend the
approximately $4.1 million that will be generated
while the additional one-half of one percent sales
tax is being collected. She asked that less money
be spent on the arts and that there be more input
from the community on the artwork that is placed in
the parks. She also stated the opinion that there
on too many attorneys on the City staff, that City
staff should continue to track the record of the
Small Business Development Center, that the Water
Reclamation Plant offices are unnecessarily
elaborate, and that Council should consider
privatizing or leasing out the Land Application Site
to private business.
Linda Trevino, Jeff Millner, and Alice Scott,
representing public workers, voiced concerns that
City employees' salary increases are not keeping up
with inflation. The possibility of a $200 across-
the-board raise was suggested.
City Manager Bob Cass indicated that Council would
have an opportunity to analyze the current
compensation package and possible options at the
goal setting retreat.
Cecil Puryear, 2619 2nd Place, suggested that the
proposed budget could be 25 percent less than it is.
Doris Fletcher, representing North Overton
Neighborhood Association, requested that more code
enforcement officers be assigned to the Overton
area.
Charles Alexander, representing Lubbock Professional
Firefighters, suggested that employee organizations
should be included in discussions related to
employee compensation and fringe benefits.
Victor Cargile also addressed the Council.
Mayor Langston closed the public hearing at 7:30
p.m.
August 26, 1993
Page 748
93-52B-748-609
(50.)
Consider approval as a separate budget item the
capital project on Page 39 of the Proposed Capital
Projects Budget (66th and 69th Streets, Chicago to
Slide).
Council considered as a separate item approval of
the capital project on page 39 of the Proposed
Capital Projects Budget entitled 66th & 69th-Chicago
to Slide.
This project provides for the extension of a 46-foot
wide collector street curving from 66th Street to
69th Street. The construction will tie the existing
69th collector street at Chicago Avenue into Slide
Road at the 69th Street signalized intersection.
This will improve access for the neighborhood south
of spur 327 and west of Slide Road.
Councilmember Neugebauer is currently a property
owner whose property will be required for completion
of this project. State laws regarding conflict of
interest require that a separate vote on any budget
item specifically dedicated to a contract with a
business entity in which a member of the governing
body has a substantial interest. The affected
member may not participate in that separate vote.
The member by vote on a final budget if they have
filed the appropriate affidavits and the separate
item is approved by the rest of the council.
To comply with this law a separate vote will be
taken on this particular capital project prior to
the vote on the budget. Councilmember Neugebauer
must abstain from comment or voting on this issue.
If the project is approved by the remainder of the
Council, it can be included as part of the budget
which will be adopted by ordinance later in the same
meeting and Councilmember Neugebauer can vote on
approval of the budget.
Following these procedures will allow Councilmember
Neugebauer to participate in discussions regarding
the budget and vote on adoption of the budget
without violating conflict of interest laws. This
is the only instance of this type that staff is
currently aware of at this time. Staff recommended
approval of this item.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to approve 66th and 69th
Streets, Chicago to Slide Project as a separate
budget item of the Proposed Capital Projects Budget
as recommended by staff. Motion carried: 5 Yeas; 0
Nays; 1 Recused--Mayor Pro Tem Neugebauer recused;
Councilmember Aderton absent from the Council
Chambers.
August 26, 1993
Page 749
93-52B-749-610
(31.) Consider Ordinance #9642 adopting the proposed 1993-
94 Budget.
ORDINANCE #9642
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1993-94; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1992-93;
PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1992-93 FISCAL YEAR
BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE
CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE.
The Council considered an ordinance adopting the
Proposed 1993-94 and Revised 1992-93 Budget.
Adoption of the budget ordinance must proceed
adoption of a tax rate and must be considered as a
separate item.
According to staff memo, the budget for FY 1993-94
remains basically the same as discussed during the
budget work sessions. A few changes have been made,
as approved by the City Council. Changes in the
General Fund include a transfer of the Director of
Business Relations position to the Economic
Development Fund. Tax Revenue was also transferred
in the amount of the expense, $82,711. This was
deemed to be a more appropriate center and fund for
such a position. Approval of an Administrative
Assistant position was granted to the City Secretary
and City Attorney offices. This position will
assist with day-to-day administrative duties in the
City Secretary's office, as well as administrative
and paralegal duties in the City Attorney's office.
Cost of this position is budgeted at $31,884. In
addition, an increase to the City Manager's budget
was approved in the amount of $20,000 for additional
funding related to the City Manager's salary. The
revised budget for the Police department was
increased $50,655 to cover the cost of Hepatitis B
vaccinations for all police officers. The necessity
for these shots was not known at the time of budget
preparation.
A further change to the General Fund budget pertains
to additional tax values produced by increases to
existing property. The $963,000 produced by
increases to existing property had originally been
"banked" in the Interest and Sinking Fund to be used
for next year's anticipated debt service, thereby
reducing the tax increase that would be required in
1994-95. However, further review of the tax law
indicates funds can not be banked in the Interest
and Sinking Fund. The $963,000 will therefore be
transferred to the General Capital Projects Fund.
Next year, this money will then be transferred to
the Interest and Sinking Fund as the additional debt
is being incurred. The intent and result will
remain the same; however, the mechanism will be
different in order to comply with state law.
One important note was considered regarding the
change in how staff plans to reserve the additional
property tax money is that the General Fund Budget
will increase $963,000. General Fund expenditures
and reserves are now proposed at $65,421,302.
Operating expenditures remain at $61,213,540 which
represents a 2.75 percent increase over 1992-93.
August 26, 1993
Page 750
There are also a few changes in the Enterprise
Funds. Water Treatment expenditures were increased
$200,000 to cover operations and maintenance costs
provided by the Canadian River Municipal Water
Authority. This figure was given after budget
reviews and was higher than staff had earlier
projected. Sewer debt service was increased by
$679,394 based on an issuance of State Revolving
Fund bonds for the Water Reclamation Plant. This
issue was not known at the time of budget
preparation. In the preliminary budget the
Stormwater Utility Fund had been funded using a loan
from the Water Fund of $700,000. It is now being
funded through Stormwater Utility fee revenue of
$1,900,000. The additional $1,200,000 will be used
for capital projects to be determined later. A
public hearing will be held on September 23rd to
determine the rates, and final determination of
these rates will substantially impact the money that
will be available. In addition, a rate increase in
the Golf Fund will produce $165,614 in additional
revenue with $28,549 going for additional part-time
staffing, and $137,065 being added to the Permanent
Capital Maintenance fund to perform additional
course improvements as recommended in the Golf
Development Plan.
Following further staff review and input from
Councilmembers there were several changes to the
Proposed Capital Projects Budget. Staff recommended
deleting the streets project on page 44 which may be
submitted at a later time. Staff also recommended
removal of the Closed Circuit TV Security System for
the Civic Center on page 75. This project would
require substantial operating costs which are
currently not budgeted, and further study is needed
before staff takes this step. In addition, staff
has proposed a budget of $100,000 in bond funds for
the initial phases of branch library development.
The project shown on page 64 identifies some funding
for land purchase in 1993-94. Staff recommended
approval of the project at this time only for the
purpose of work related to identifying the best
location and arrangement for the two library sites.
Council consensus on where staff is proposing the
libraries and staff recommendations for the
libraries should be achieved before any steps are
made to purchase or develop sites.
For FY 1993-94, two separate rate increases are
proposed. In the Solid Waste Fund, an increase in
landfill fees from $12.50 per ton to $18.00 per ton
was approved by City Council. This increase is
required to meet federal and state environmental
requirements at the Landfill, a State recommended
recycling program and the costs of permitting a new
landfill site. In addition, several area landfills
are expected to close, thereby requiring more City
of Lubbock landfill space at a higher cost to the
City. The increased rate will take effect on
October 1, 1993, and a separate ordinance is
required for this increase. As mentioned
previously, golf rate increases will also take
effect on October 1, 1993. Additional revenue
received will be used to accelerate the Golf
Development Plan improvements. Increases include
the following:
August 26, 1993
Page 751
Current
Oct. 1993
Weekend rate
$11.00
$15.00
Daily rate
9.00
12.00
Late rate
7.00
9.50
Jr/Sr rate
5.00
7.00
There were no other rate increases proposed for FY
1993-94. Beyond these changes, the Proposed Budget
remains unchanged as reviewed and amended by City
Council during the budget work sessions held in June
and July, 1993. With the exception of changes
resulting from the public hearing, the budget may be
adopted as proposed.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to pass on first
reading Ordinance #9642, adopting the Proposed
1993-94 Budget, with the understanding that Council
will look at four specific items at the strategic
planning goal setting session as follows:
1) Analyze current relationship with
Lubbock Visitors & Convention Bureau
and determine the best vehicle for
strategic planning;
2) Analyze the adequacy of the current
number of Code Enforcement officers;
3) Consider how to address the issue of
park funding, through CDBG funds or
other sources; and
4) Consider employee compensation
package.
Motion carried: 6 Yeas; 0 Nays--Councilmember
Aderton absent from the Council Chambers.
93-52B-751-611
(32.) Consider Ordinance #9643 setting the tax rate for
1993-94.
ORDINANCE #9643
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE
YEAR 1993, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR
WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE
PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
Council considered a proposed ordinance adopting the
tax rate for 1993-94 at the tax rate of $.64 per
$100 of assessed valuation. Since this rate is more
than three percent higher than the effective rate
(explained below) a public hearing on the tax rate
is required by state law.
August 26, 1993
Page 752
The property tax rate for 1993-94 is proposed to
remain at $.64 per $100 of assessed valuation with
$.1999 allocated to the Interest and Sinking Fund;
$.4170 allocated to the General Fund; and $.0231
allocated to the Economic Development Fund. The
Interest and Sinking Fund allocation does contain
$.0083 in Economic Development Fund debt service for
the TDCJ psychiatric hospital. The total allocation
for economic development purposes is $.0314. This
will be the sixth year for property taxes to remain
at the current rate.
Assessed values for the City of Lubbock increased
from a budgeted figure of $4.667 billion to $4.886
billion in 1993, and this represents an increase of
$219 million or 4.7 percent. Of this increase, $65
million comes from new construction added to the
rolls and $154 million comes from increased
assessments for existing properties.
Most of the increased value comes in the area of
residential property which increased $189 million.
This produced an increase in the average residential
value from $49,649 to $52,982 or 6.7 percent.
Retaining the current $.64 tax rate will raise the
average residential property tax bill by $21.33 from
$317.75 to $339.08.
Texas Truth -in -Taxation laws require that property
taxes be compared to the prior year using the
"effective tax rate." The effective rate is
basically the tax rate necessary when applied to the
1993 values will produce the same amount of revenue
as produced on the same properties in 1992.
Properties exempted from the roll since last year
and new properties added to the roll are excluded
for purposes of this calculation. The effective
rate for 1993 is $61.71. The current $.64 rate is
3.7 percent above this rate. If the proposed rate
is more than 3 percent higher than the effective
rate, then a public notice must be provided and a
public hearing held. Public notice was published on
August 18, 1993.
Adoption of the current $.64 tax rate will produce
$30,569,751 in total tax revenues, and this
represents $1,369,296 more than produced last year.
As discussed during and since the budget work
sessions, staff planned to "bank" the approximately
$963,000 produced by increases to existing values in
the Interest and Sinking Fund. This reserve will
help to offset the tax increase next year when debt
service from May 1993 bond election projects becomes
due. Further review indicates that banking this
money in the Interest and Sinking Fund for 1993-94
may not be allowable under property tax laws.
Therefore, staff recommended transferring these
funds to the General Capital Projects Fund. These
funds can then be transferred to the Interest and
Sinking Fund in 1994-95 when the debt service is
due. The result is the same; however, the mechanism
must be altered to be consistent with state laws.
August 26, 1993
Page 753
A
Also discussed during budget work sessions was the
fact that the line item for property taxes in the
General Fund increased by $1,458,067. This was due
to an adjustment in the distribution of property
taxes in the Interest and Sinking Fund and is offset
by a reduction in transfers from enterprise funds.
More of these transfers are being made directly to
the Interest and Sinking Fund, instead of through
the General Fund. The bottom line is that between
property taxes and transfers from enterprise funds
for debt service, the General Fund will receive only
$81,443 more than in 1992-93.
Adoption of the current $.64 tax rate will allow the
City to ease into the tax increase required in
1994-95 to pay for voter approved bonds. Taxes
produced by increases to assessed values will not be
going to fund maintenance and operations. Adoption
of a lower tax rate in 1993-94 will magnify the rate
increase next year.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9643, setting the tax rate for 1993-94 at
64¢ per $100 of assessed valuation, as recommended
by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Aderton absent from the Council
Chambers.
93-52B-753-612
(33.) Consider Ordinance #9644 amending Chapter 23 of the
Code of Ordinances with regard to Solid Waste rates.
ORDINANCE #9644
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND
DUMPING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The Proposed Budget for 1993-94 includes a proposed,
increase in solid waste landfill fees. Landfill
fees are proposed to increase from $12.50 per ton to
$18.00 per ton beginning October 1, 1993. A rate
increase is required to meet federal and state
environmental requirements at the Landfill, a State
recommended recycling program and the initial costs
of permitting a new landfill site. The landfill
requirements include installation of a water -tight
liner in each cell, a leachate collection system,
water and gas monitoring wells, an impervious cover
and erosion control. Annual costs for these
requirements are projected to be approximately $1
million. In addition, staff anticipate several area
landfill closures, and this will mean more
utilization of existing landfill site.
Staff recommended approval of the proposed Solid
Waste rate increase in order to provide the
necessary funding for compliance with federal and
state environmental regulations.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to pass on first
reading Ordinance #9644 as recommended by staff.
Motion carried: 6 Yeas; 0 Nays--Councilmember
Aderton absent from the Council Chambers.
August 26, 1993
Page 754
93-52B-754-613
(52.)
93-52B-754-614
(53.)
93-52B-754-615
(54.)
93-52B-754-616
(55.)
93-52B-754-617
(56.)
Hold an executive session, in accordance with
action.
It was consensus of Council to hold on discussion of
this item.
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
Community Development Advisory Committee
It was consensus of Council to hold on discussion of
this item.
Consider four appointments to the Civic Centers
Board. The term of Bob Brummal, Kathy Richardson,
Shirley Christian, and Burl Masters expired August
1, 1993.
It was consensus of Council to hold on making
appointments to the Civic Centers Board.
Consider two appointments to the Airport Board. The
terms of Ron North and Emilio Abeyta expired on
August 11, 1993.
It was consensus of Council to hold on making
appointments to the Airport Board.
will expire on August 31, 1993.
It was consensus of Council to hold on making
appointments to the Lubbock Mental Health/Mental
Retardation Center Public Responsibility Committee.
August 26, 1993
Page 755
I. �
93-52B-755-618
(57.) Consider six appointments to the Community Services
Commission. The terms of Jay Ibarra, Palmira
Perea-Hay, Cara Speer, Inez Baucum, Myra Burris,
Christine Carrizales will expire on August 31, 1993.
It was consensus of Council to hold on making
appointments to the Community Services Commission.
93-52B-755-619
(58.) Consider one appointment to the Urban Design and
Historical Preservation Planning Commission. The
term of Michael Atcheson will expire on September
14, 1993.
It was consensus of Council to hold on making
appointments to the Urban Design and Historical
Preservation Plannina Commission.
93-52B-755-620
(59.) Consider one appointment to the Community
Development Advisory Committee to replace Larry
Brooks who was appointed as Chairman.
It was consensus of Council to hold on making
appointments to the Community Development Advisory
Committee.
There being no further business to come o
by Councilmember Patterson, seconded Coun
the meeting at 8:07 p.m. Motion car l ed: 6
Aderton absent from the Council Chambers.
ATTEST:
Betty W. JohnTq, City Secretary
Read and approved this the 9th day
ATTEST:
Betty M. Johnso , City Secretary
Council, motion was made
lmember Ince to adjourn
s; 0 N -- cilmember