HomeMy WebLinkAboutMinutes - City Council - Regular - 9/9/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 9, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 9th day of September, 1993 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston, Mayor Pro Tem Randy Neugebauer,
Councilmember T. J. Patterson, Councilmember M. J. Aderton,
Councilmember Alex Cooke, Councilmember Max L. Ince, 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 10:22 A.M.
( 1.) The Invocation was given by Dan Hawkins, Director of
Water Utilities.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
93-52B-757-621
( 3.)
Penny Morin, Chairperson for the Fiestas Del Llano
Committee accepted a proclamation from the City
Council and invited the Council and the City of
Lubbock to participate in the 16 de Septiembre
Fiestas Patrias celebration which will take place at
the Civic Center September 16-19.
93-52B-757-622
( 4.)
Valerie Bloom requested a loudspeaker permit for the
St. Mary of the Plains Hospital Foundation for their
annual gala. The request is for Saturday, September
18, 1993, from 11:00 a.m. until 4:00 p.m., and the
event will take place at 3405 Mesa Drive at the
intersection of Mesa and Canyon Drives and adjacent
to the Lubbock Country Club. All residents in the
area were petitioned and all approved the event.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to approve the request of St.
Mary of the Plains Hospital Foundation for a
loudspeaker permit for September 18, 1993. Motion
carried: 7 Yeas; 0 Nays.
93-52B-757-623
( 5.)
September 9, 1993
Page 758
93-52B-758-624
( 6.)
RESOLUTION #4249
WHEREAS, under the authority of V.T.C.A., Health & Safety Code,
Chapter 772, Subchapter D, Lubbock County voters approved in a Lubbock
County election, April 5, 1986, the creation of the Lubbock Emergency
Communication District; and
WHEREAS, the Lubbock Emergency Communication District Board of
Managers approved the L.E.C.D. proposed budget for FY1993/94 and set the
service fee at 4.5% of the telephone base rate, acting under the
authority of V.T.C.A., Health & Safety Code, Section 772.314; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock City Council hereby approves the Lubbock
Emergency Communication District Budget for Fiscal Year 1993/94 and the
L.E.C.D. action in setting the service fee at 4.5% of the telephone base
rate as defined by V.T.C.A., Health & Safety Code, Section 772.314.
Passed by the City Council this 9th day of September, 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 Dennison
Dan T. Dennison, Acting Director of
Communication Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the L.E.C.D. Proposed Budget for FY1993/94 is filed with
Resolution No. 4249.
Lubbock County voters approved the creation of the
L.E.C.D. in an election on April 5, 1986. In
accordance with Texas Health and Safety Code Section
772.301 through 772.329, the L.E.C.D. is required to
submit its annual budget for approval to each
governing body within the boundaries of the
District.
The proposed service fee of 4.5 percent of the
telephone base rate is identical to the rate
approved for the current fiscal year. Because an
increase in the numbers of telephones is
anticipated, a small increase in revenues is
projected and the proposed amount is required to
continue operations.
September 9, 1993
Page 759
The Lubbock Emergency Communication District Board
of Managers has approved the proposed FY 1993/94
budget. The proposed service fee rate did not
change from the present rate. Staff recommended
approval.
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution
#4249 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 7.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the minutes of the
August 26, 1993 Regular City Council Meeting as
recommended by staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-759-625
( 8.)
ORDINANCE #9633
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ACCESS
EASEMENT LOCATED IN SECTION 9, BLOCK J-S, LUBBOCK COUNTY, TEXAS, AND
PORTIONS OF A 20-FOOT ALLEY LOCATED IMMEDIATELY SOUTH OF TRACT "B",
SEWELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF
WHICH ARE MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
93-52B-759-626
( 9.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9633 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9635 as recommended by staff.
Motion carried: 7 Yeas: 0 Nays.
September 9, 1993
Page 760
93-52B-760-627
(10.)
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.
93-52B-760-628
(11.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9636 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
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.
93-52B-760-629
(12.)
Motion was made by Councilmember Patterson, seconded,
by Councilmember Ince to pass on second and final
reading Ordinance #9637 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9638 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
September 9, 1993
Page 761
93-52B-761-630
(13.)
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.
93-52B-761-631
(14.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9639 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9640 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
93-52B-761-632
(15.) 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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9642 as recommended by staff.
Motion carried: 7 Yeas: 0 Nays.
September 9, 1993
Page 762
93-52B-762-633
(16.) 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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9643 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
93-52B-762-634
(17.)
AN ORDINANCE AMENDING
CITY OF LUBBOCK WITH REGARD
DUMPING; PROVIDING A SAVINGS
93-52B-762-635
(18.)
ORDINANCE #9644
CHAPTER 23 OF THE CODE OF ORDINANCES OF THE
TO FEES FOR SOLID WASTE COLLECTION AND
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9644 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #4250
RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1992 ASSESSMENT PAVING
PROGRAM AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN
EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street
improvement ordinances and resolutions and entered into a contract with
Hub City Pavers (Project No. 9875) for the making and construction of
paving improvements in said City including the following:
East-West alley between 23rd Street and 24th Street from
100' east of Elgin Avenue to Canton Avenue, Unit Number
A-461-22; and
East-West alley between 73rd Street and 74th Street from
Slide Road to Zoar Avenue, Unit Number A-461-21.
WHEREAS, the improvements upon the said portion of the
above -mentioned alleys have been inspected and found to have been
constructed in accordance with the terms of said Contract (Project No.
9875); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned alleys and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to direct final payment in the
amount of $1,581.27.
September 9, 1993
Page 763
SECTION 2. THAT the Mayor and City Secretary BE and they are
instructed to execute and deliver certificates in evidence of the
assessments levied against the parcels of property abutting upon the
said portion of alleys listed above and against the owners of such
property in accordance with law and in the manner provided in said
Contract, and the proceedings with reference to said improvements and
assessments where such assessments were levied.
SECTION 3. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 9th day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
According to staff memo, this is a routine
acceptance of paving improvements petitioned by
abutting property owners to be included on an
assessment paving program and consist of the
following:
The east -west alley between 23rd Street and 24th,
Street from 100 feet east of Elgin Avenue to
Canton Avenue.
The east -west alley between 73rd Street and 74th
Street from Slide Road to Zoar Avenue.
Contract amount $31,751.95
Final construction cost
due contractor* 31,625.45
Amount to be assessed 27,029.83
City cost 4,595.62
*Final payment $ 1,581.27
Staff recommended acceptance of these alley paving
improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4250
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
September 9, 1993
Page 764
93-52B-764-636
(19.)
ORDINANCE #9645
AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT UTILITY EASEMENT
LOCATED IN LOTS 1-A-1 AND 2-A-1, FIESTA AUTOLAND CENTER ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MPAS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
93-52B-764-637
(20.)
This ordinance abandons and closes an east -west
five-foot LP&L underground utility easement near the
north portion of the old Brunken Chevrolet and
Brunken Toyota property. This easement area is
being closed for the development of a new building
and development project. LP&L has agreed to this
closure and the $150 application fee has been paid.
The Right -of -Way Department recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on first reading
Ordinance #9645 as recommended by staff. Motion
carried: 7 Yeas: 0 Nays.
RESOLUTION #4251
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 Use License to be entered into by and between the City of Lubbock
and Texland Petroleum, Inc., attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 9th day of September, 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/ Jeff Hartsell
Jeff Hartsell, Assistant Cily
Attorney
September 9, 1993
Page 765
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 9th day of September, 1993, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and TEXLAND PETROLEUM, INC., hereinafter called
"LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and
license to use a portion of dedicated streets to construct and maintain
crude oil flow pipeline, this license being classified as a subsurface
license, and such pipeline shall be constructed of fiberglass and have a
minimum cover of at least forty (40) inches from the ground surface at
the following locations:
Centered within a 2.00 foot wide Street Use License out of
Section 3, Block A, Lubbock, Lubbock County, Texas;
BEGINNING at a point 50.00 feet West of the Northwest corner
of Lot 12, Block 3, Lemon Subdivision, an Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE North, a distance of 40.00 feet across East Erskine
Street to a point;
THENCE West, an approximate distance of 1260.00 feet to a
point;
THENCE North, a distance of 10.00 feet across East Erskine
Street to the POINT OF BEGINNING.
1. The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years in any event unless either party
shall give written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case
may be, and the CITY OF LUBBOCK retains the right at its election to
cancel and revoke this license, with or without cause, upon notice to
LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at 500
Throckmorton, Suite 3100, Fort Worth, Texas, 76102, or the last known
address of LICENSEE.
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of this license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK.
However, upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the
improvements will be left in place rather than removed after expiration,
cancellation or abandonment of this license. In the event LICENSEE
fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause
to be removed such improvements, and the expense incurred shall be
assessed against LICENSEE, for which LICENSEE shall be liable.
September 9, 1993
Page 766
2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS
cash in advance contemporaneously with the acceptance and execution
hereof by LICENSEE for the first five (5) year term of this license, and
thereafter such rate of compensation may be changed for each succeeding
five (5) year term by the CITY OF LUBBOCK to a rate of compensation
which is based on procedures and policies as established by the City
Council of the CITY OF LUBBOCK, based on an appraisal of the fair market
value of such land by the Right -of -Way Department of the CITY OF
LUBBOCK, as applied to the formula for determining such rate established
by the City Council. If such rate is not changed by the CITY OF
LUBBOCK, the rate for the preceding five (5) year term shall apply. The
CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in
writing before the start of the five (5) year term to which such change
in rate shall apply, and if such notification is not made, then the rate
for the preceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted including, but not limited to,
the cost of cleanup of any oil, hazardous substance, or other material,
the replacement and repair of paving, sidewalks and utilities of any
nature damaged as a result of the construction authorized by the
license.
4. In the event the CITY OF LUBBOCK determines that the license
herein granted interferes with or causes the rerouting or realignment of
any public utility, franchised utility or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such
utility, as the case may be, for its expense in relocating or rerouting
over and above the expense which would have been incurred except for
LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
6. This license is made subject to the condition that should
the LICENSEE exercise any right under this license and prepare or begin
or complete any part of the construction as herein contemplated across
any or all of the above described property, then and in that event said
LICENSEE, its successors and assigns will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants and
employees harmless from any and all claims, demands, actions, causes of
action, suits at law or in equity of whatsoever kind or nature which may
grow out of or be related to the making of this license or the
construction or use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of
the work to be done by such contractors. The CITY OF LUBBOCK may
further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an
amount and in a form satisfactory to the said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, covenants and
conditions contained in said agreement, and a certified copy of a policy
of public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give
notice to LICENSEE prior to incurring any costs or expenses or the
payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance within limits specified
by and in a form satisfactory to the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
September 9, 1993
Page 767
8. Prior to any construction as authorized by this license, the
LICENSEE shall submit to the City Engineer plans and specifications for
the construction to be done, and the LICENSEE shall not commence
construction until such plans and specifications are approved by the
City Engineer.
9. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the LICENSEE, its successors or assigns shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph five
(5).
10. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City
Attorney
AGREED TO AND ACCEPTED this day of
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
1993.
TEXLAND PETROLEUM, INC.
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DAVID R. LANGSTON,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed and in the capacity therein stated.
September 9, 1993
Page 768
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of September,
1993.
/s/ Beatriz M. Rodriquez
Notary Public in and for
the State of Texas
Commission Expires: 04/03/95
THE STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared R. J. SCHUMACHER,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated as the act and deed of TEXLAND PETROLEUM, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1993.
Notary Public in and for
the State of Texas
According to staff memo, this street use license
will be granted to Texland for an underground oil
flowline from North Mulberry Avenue, across East
Erskine, then westward in the north right-of-way
line of East Erskine for approximately 1,258 feet
and then northward for eight feet. This flowline
will take oil from the newly drilled oil well south
of East Erskine to a tank battery north of East
Erskine and east of Keel Avenue. This area affected
by this license will be two feet in width and 1,308
feet in length. The amount of this license would
calculate less than the $50 minimum annual cost.
The term of this license will be for 20 years, with
the minimum annual license cost of $50. The City
will receive $250 for the first five years of usage.
All utilities are in agreement. The Right -of -Way
Department recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4251
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-768-638
(21.) BID #12625--
Childress Photography --Photofinishing services.
Photo Magic --Photographic film.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
September 9, 1993
Page 769
93-52B-769-639
(22.) BID #12671--
RESOLUTION #4252
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 Chuck Sudduth Associates
to furnish and plant trees in the Arnett Benson neighborhood, 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 9th day of September, 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 9th day of September,
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 Chuck Sudduth
Associates 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. 12671--Arnett Benson Treescape Program (Community Development)
in the amount of $10,931.86
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.
September 9, 1993
Page 770
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
Chuck Sudduth Associates
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Chuck Sudduth Associates
8007 Clinton
Lubbock, Texas 79424
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4252
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
93-52B-770-640
(23.) BID #12676--Soil processor (Parks and Recreation).
This item was deleted from the agenda.
93-52B-770-641
(24.) BID #12691--Intermediate automobile (Fleet
Services).
Scoggin Dickey--1 ea. Sedan, 4 door intermediate
Spec. 101 AB.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
September 9, 1993
Page 771
93-52B-771-642
(25.)
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.
93-52B-771-643
(26.)
Mayor Langston announced that Council would allow
citizen comments concerning this item:
The following spoke in opposition to this
amendment:
Jimmie Sneed, representing MADD
Sharon Cohout, representing Texas
Department of Health
Mark Punzo, member of Substance Abuse Task
Force
The following spoke in favor of this amendment:
Don Caldwell
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9641 as recommended by staff.
Motion carried: 6 Yeas; 1 Nay --Mayor Pro Tem
Neugebauer.
ORDINANCE #9646
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 6TH STREEET IN
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDOMENT AND
CLOSING: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a portion of 6th
Street between Texas Avenue on the west and the
north -south alley east of Texas Avenue in Block 40,
Original Town Addition. This area is being closed
for site expansion purposes by Jack Rains, the
property owner to the south. The area being closed
was acquired in 1969 for the Texas Avenue Underpass
Project. The street area north of Mr. Rains'
property only serves his business and is only
accessible through the alley or a crossover road
connected to Avenue J. The area being closed totals
12,022.56 square feet.
September 9, 1993
Page 772
93-52B-772-644
(27.)
The Right -of -Way Department appraised this property
at 25� per square foot due to its isolated location
and use. In 1990, staff acquired approximately
26,000 square feet of land at 14th Street and Avenue
C for 30� per square foot. Mr. Rains agreed to
purchase this street area for $3,005.64 (25� x
12,022.56 sq.ft.). The $150 application fee has
been paid and all utilities are in agreement. The
Right -of -Way Department recommended passage on first
reading of this ordinance.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Cooke to pass on first
reading Ordinance #9646 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #4253
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
Letter Agreement by and between the City of Lubbock and Fanning, Fanning
and Associates, Inc. for engineering services for Clapp Pool and Rogers
Pool Renovations, 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 9th day of September, 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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Fanning, Fanning, and Associates, Inc. proposed to render professional
engineering services to the City of Lubbock, Texas for the subject
project. Our Basic Services will include preparing the Study and Report,
Final Design Documents, Project bidding, Assistance during bidding,
evaluating those bids and assisting in Contractor selection, and site
visits to assist in your Construction Administration, all as set forth
in the printed General Provisions as amended and supplemented in
Exhibits A and B, which are attached to this letter.
September 9, 1993
Page 773
Our understanding is that the project scope includes the following:
1. Redesign the pool water circulation system.
2. Repair the pool bowl.
3. Incorporate ADA compliance.
4. Develop a scheme to manage backwash.
5. Upgrade or repair the buildings, including restrooms.
We will furnish Additional Services you authorize.
You are expected to furnish us with full information of your Project
requirements, including any special conditions or special services
needed.
You will pay us for our Basic Services on the basis of our Hourly Rate
attached hereto. We will submit statements periodically, which will be
due and payable when you receive them. We agree that the maximum fee
will not exceed the amount scheduled in Exhibit A.
Additional Services will be charged on the basis of our Hourly Rate
attached hereto.
We expect to start our services promptly following receipt of your
acceptance of this proposal. Time periods for performance of our
services are set forth in Exhibit A to the General Provisions.
We understand the total budget for the project is approximately
$240,000. It is necessary that you advise us in writing at an early date
if you have budgetary limitations for Total Project Costs or
Construction Costs. We must accept any such limitation as being
realistic and willthen endeavor to work within those limitations.
The estimates we prepare will be used for the study of options and we do
not guarantee that our opinions will not differ materially from bids. If
... you wish greater assurance as to probably Construction Cost or if you
wish formal estimmtes, an independent cost estimator should be employed.
Services are to be rendered in the customary phases which, together with
the general understandings applicable to our relationship with you, are
set forth in the printed General Provisions and Exhibit A and B thereto
which are attached to and made a part of this proposal. Your particular
responsibilities are also set forth in the General Provisions.
September 9, 1993
Page 774
This proposal, the General Provisions consisting of nine pages and
Exhibits A and B thereto which consists of two pages represent the
entire understanding between you and us in respect of the Project and
may only be modified in writing signed by both of us. If it
satisfactorily sets forth your understanding of our agreement, we would
appreciate your signing the enclosed copy of this letter in the space
provided below and return it to us.
Very truly yours,
FANNING, FANNING AND ASSOCIATES, INC.
By:/s/ Norris L. Fanning
Norris L. Fanning, PE
President
Accepted this 9th day of September, 1993
City of Lubbock, Lubbock County, Texas
By:/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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES
August 12, 1993
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS.
This is an exhibit to and made a part of the General Provisions
attached to Letter Agreement made on August 13, 1993, between City
of Lubbock, Texas and Fanning, Fanning and Associates, Inc.,
providing for professional engineering services. The Basic
Services of ENGINEER as described in Section 1 of the said General
provisions are amended or supplemented as indicated below and the
time periods for the performance of certain services as indicated
in said General Provisions are stipulated as indicated below.
2. Amend Paragraph 1.2, as follows:
The Study and Report Phase shall be submitted within 56 calendar
days following written authorization from OWNER to ENGINEER to
proceed with that phase of services. Total fee for this phase
shall not exceed $6,000.00.
3. Amend Paragraph 1.4 as follows:
The Final Design Phase shall be submitted within 42 calendar days
following written authorization from OWNER to ENGINEER to proceed
with that phase of services. Total fee for this phase shall not
exceed $8,000.00.
September 9, 1993
Page 775
4. Amend Paragraph 1.6 as follows:
A. The Construction Phase services shall coincide with the
construction contract. Total fee for this phase shall not
exceed $3,000.00.
B. Delete any and all references to Resident Project Engineer.
C. Site visits and Reports by ENGINEER will be made monthly
during the CONSTRUCTION PHASE.
EXHIBIT B TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES
August 12, 1993
A LISTING OF THE DUTIES, RESPONSIBLITIES AND LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
This is an Exhibit attached to, made a part of and incorporated by
reference with the General Provisions attached to Letter Agreement made
on August 9, 1993, between City of Lubbock, Lubbock County, Texas
(OWNER) and Fanning, Fanning and Associates, Inc. (ENGINEER) providing
for professional engineering services.
THIS EXHIBIT B IS DELETED IN ITS ENTIRETY, A RESIDENT PROJECT
REPRESENTATIVE WILL NOT BE REQUIRED ON THIS PROJECT.
END OF LETTER AGREEMENT
The proposed renovations to Rodgers and Clapp Pool
are 1993 Capital Improvement Bond projects. Because
the pools are over 25 years old, repairs will not
last due to the life expectancy of parts and motors;
some of the parts are obsolete and cannot be
replaced. Pool design has been refined to be more
efficient and require less maintenance. Rodgers
Pool renovations will include:
1. Redesign of the pool water
circulation system.
2. Repair of the pool bowl.
3. Incorporate ADA compliance.
4. Develop a scheme to manage backwash.
5. Upgrade or repair the buildings,
including restrooms.
Clapp Pool renovations will include:
1. Redesign the pool water filtration
and circulation system.
2. Repair the pool bowl and other
components.
3. Incorporate ADA compliance.
Engineering services to be provided by Fanning,
Fanning and Associates, Inc. include preparing the
study and report, final design documents, project
bidding, assistance during bidding, evaluating the
bids, and assisting in contractor selection and site
visits for construction administration.
September 9, 1993
Page 776
The study and report phase will be submitted within
56 calendar days following written authorization
from the City to proceed with that phase of
services. The total budgeted funds for Clapp Pool
is $335,000; $240,000 for Rodgers Pool. The study
and report phase fees will not exceed $9,000 for
Clapp Pool: $6,000 for Rodgers Pool.
City staff will analyze projected construction costs
to stay within the budgeted funds before granting
authorization to proceed with the final design
phase. The final design phase will be submitted
within 42 calendar days following written
authorization from the City to proceed with that
phase of services. Total fee for this phase will
not exceed $10,000 for Clapp Pool; $8,000 for
Rodgers Pool.
The construction phase services will coincide with
the construction contract, and the total fee for
this phase will not exceed $5,000 for Clapp Pool:
$3,000 for Rodgers Pool. Through the study on final
design and construction phases, the total
anticipated cost for Clapp Pool is $24,000,
representing 7.16 percent of the total project cost:
$17,000 for Rodgers Pool, representing 7.08 percent
of the project cost. This project is estimated to
be completed by April, 1994.
Fanning, Fanning and Associates, Inc. was the
engineering firm assigned to the Clapp Pool
renovation two years ago and have also designed
minor renovations at Rodgers Pool. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize Resolution #4253
and instructing staff to bring the contract back to
Council when Fanning, Fanning and Associates, Inc.
has completed the study in order to determine how
long renovations will last before new construction
is required. Motion carried: 7 Yeas; 0 Nays.
September 9, 1993
Page 777
93-52B-777-645
(28.)
RESOLUTION #4254
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
Temporary Parks License Agreement by and between the City of Lubbock and
South Plains Broadcasting Company, Inc., attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 9th day of September, 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/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Temporary Parks License Agreement between the City of
Lubbock and South Plains Broadcasting Company, Inc., is filed with
Resolution No. 4254.
Mayor Langston announced that Council would allow
citizen comments regarding this item.
Those speaking in favor of approval of this
agreement were:
Sam Arnett, Lubbock Convention & Visitors Bureau
Tom Collins, Z102 Radio Station
Mavis Miller, member of Parks and Recreation
Board
Renee Underwood, member of Parks and Recreation
Board
September 9, 1993
Page 778
Those speaking in opposition to approval of this
agreement were:
Dr. David Cluff, representing Doctors Ought to
Care (DOC)
Dr. Alvin Jones, representing Doctors Ought to
Care (DOC)
Sharon Cohout, Texas Department of Health
Mark Punzo, member of Substance Abuse Task Force
According to staff memo, in April 1993, the Parks
and Recreation Department was approached by Z102
Radio Station to host an End of Summer Concert at
the Buddy Holly recreation area, adjacent to Landwer
Party House. This request included the desire to
allow the sale and consumption of alcoholic
beverages as a part of the event to help secure
sponsorship from a local or national brewery
company.
At the June 22, 1993 Park Board meeting, Z102
presented the request and it was unanimously
approved by the Park Board, pending the amendment to
Section 19-2(b)(2) Code of Ordinances as it relates
to the consumption of alcoholic beverages at
selected park facilities. This amendment would
extend the area in Buddy Holly Park at which the
sale of alcohol beverages would be allowed.
Guidelines and procedures have been developed to
ensure that special concerts or events would fall
under proper control, access, security and
management when alcohol is sold on this property.
These were reviewed and approved by the Parks Board
on September 1, 1993.
City Council approved on first reading the amendment`
to Section 19-2(b) Code of Ordinances that will
allow specific boundaries of Buddy Holly recreation
area to be included for alcohol sales at events or
concerts, at their meeting August 26, 1993.
The Parks and Recreation staff will also have
policies, procedures, and operating regulations that
each group will be mandated to follow for each
concert or event unless their specific lease exempts
them from a provision. Requests for alcohol sales
will have to be approved first by the Parks Board
then by the City Council. In order to assure that
this event will have proper security and other
safeguards to provide an orderly event, the
following are provided in the lease agreement:
A. Restroom Facilities - minimum of 30
B. First Aid Station - minimum of 2
C. Concessions - space for 20 ($300 per
space)
D. Alcoholic Beverage Concessions -
maximum of 3 stands
E. Litter control
F. Security - 3 officers per 1,000
participants
September 9, 1993
Page 779
93-52B-779-646
(29.)
G. Parking - off site parking south of
concert site
H. Liability Insurance - $1,000,000
1. City named co-insured
Bands responsibilities
J. Promotion responsibilities
Any references to the City being a co-sponsor of the
Z102 concert have been deleted from the agreement.
The resolution would allow the Mayor to enter into
an agreement that will allow Z102 Radio Station to
sell alcoholic beverages during their End of Summer
Concert. Staff and the Parks and Recreation Board
recommended approval of this resolution.
Motion was made by Councilmember Aderton, seconded
by Councilmember Hernandez to authorize Resolution
#4254, with a change in wording from "shall" to
"may" in Item 3(d) of the agreement. Motion
carried: 6 Yeas;
1 Nay --Mayor Pro Tem Neugebauer.
RESOLUTION #4255
A RESOLUTION by the City Council of the City of Lubbock, Texas,
approving and authorizing publication of notices of intention to issue
certificates of obligation, notices of sale with respect to such
certificates of obligation and with respect to general obligation bonds,,
and a notice of public hearing.
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that certificates of obligation should be issued in
accordance with the provisions of V.T.C.A., Local Government Code,
Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) Civic Center and street improvements
to provide improved access and utilization for persons with disabilities
and (ii) professional services rendered in connection therewith; and
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that certificates of obligation should be issued in
accordance with the provisions of V.T.C.A., Local Government Code,
Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) taxiway and ramp for freight
development area and acquisition of a hangar at the City's airport and
(ii) professional services rendered in connection therewith; and
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that general obligation bonds should be issued in accordance
with the provisions of general law and the City's charter for the
purpose of paying contractual obligations to be incurred for heating,
ventilating, air conditioning, and roofing improvements to the air
terminal at the City's airport; and
September 9, 1993
Page 780
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that general obligation bonds should be issued in accordance
with the provisions of general law and the City's charter for the
purpose of paying contractual obligations to be incurred for street
improvements, library facilities improvements, park improvements,
coliseum improvements, animal control facilities improvements,
waterworks system improvements, sewer system improvements, and costs of
issuing such bonds; and
WHEREAS, prior to the issuance of said certificates of obligation,
this Council is required to give notice of its intention to issue the
same in the manner and time provided by law and deems inappropriate to
publish a notice of sale with respect to such bonds and certificates in
accordance with the procedure set forth in the City's charter: now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
Section 1: That the City Secretary is hereby authorized and
directed to cause notice to be published of this Council's intention to
issue certificates of obligation in the principal amount not to exceed
$1,470,000 for the purpose of paying contractual obligations to be
incurred for (i) Civic Center and street improvements to provide
improved access and utilization for persons with disabilities and (ii)
professional services rendered in connection therewith, such
certificates to be payable from ad valorem taxes and a limited lien on
and a limited pledge of the net revenues of the City's Waterworks
System. The notice hereby approved and authorized to be given shall read
substantially in the form and content of Exhibit A hereto attached and
incorporated herein by reference as a part of this resolution for all
purposes.
Section 2: That the City Secretary is hereby authorized and
directed to cause notice to be published of this Council's intention to
issue certificates of obligation in the princiapl amount not to exceed
$3,625,000 for the purpose of paying contractual obligations to be
incurred for (i) taxiway and ramp for freight development area and
acquisition of a hangar at the City's airport and (ii) professional
services rendered in connection therewith, such certificates to be
payable from ad valorem taxes and a lien on and a pledge of the surplus
revenues of the city's Airport. The notice hereby approved and
authorized to be given shall read substantailly in the form and content
of Exhibit B hereto attached and incorporated herein be reference as a
part of this resolution for all purposes.
Section 3: That each such notice of intention to issue
certificates of obligation shall be published once a week for two
consecutive weeks in a newspaper having general circulation in the City
of Lubbock, Texas, the date of the first publication of such notice to
be at least fifteen (15) days prior to the date stated therein for the
passage of the ordinance authorizing the issuance of the certificates of
obligation.
Section 4: That the City Secretary is hereby authorized and
directed to cause a notice of sale to be published relating to the sale
of certificates of obligation and general obligation bonds. The notice
of sale hereby approved and authorized to be published shall read
substantially in the form and content of Exhibits C, D, E, and F hereto
attached and incorporated herein by reference as a part of this
Resolution for all purposes.
Section 5: That the City Secretary is hereby authorized and
directed to cause the notices of sale approved in Section 4, above, to
be published once each week for a period of thirty days.
September 9, 1993
Page 781
Section 6: That the City Secretary is hereby authorized and
directed to cause a notice of public hearing relating to the
certificates of obligation to be issued for airport purposed (described
in Section 2, above) to be published relating to the public hearing to
be held prior to the sale of such certificates. The notice of publich
hearing hereby approved and authorized to be published shall read
substantailly in the form and content of Exhibit G hereto attached and
incorporated herein by reference as a part of this resolution for all
purposes.
Section 7: That the City Secretary is hereby authorized and
directed to cause the notice of public hearing approved in Section 5,
above, to be published once, with the date of publication to be at least
fourteen days prior to the date stated therein as the date of the public
hearing.
PASSED AND APPROVED, this the 9th day of September, 1993.
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
A copy of Exhibit A, B, C, D, E, F, and G along with the Certificate of
City Secretary are filed with Resolution No. 4255.
On May 1, 1993, voters approved the authorization
for issuance of a $28,690,000 capital improvements
bond package. Projects with immediate funding needs
were identified and are listed below. Also listed
below are remaining authorized but unissued bonds.
Authorized 05/01/93:
Street Improvements $ 5,156,000
Library Facilities 100,000
Park Improvements 3,585,000
Animal Control Facilities 500,000
Waterworks System Improvements 1,415,000
Sewer System Improvements 1,835,000
$14,941,000
Authorized 11/21/81:
Waterworks System Improvements $ 226,000
Authorized 10/17/87:
Street Improvements $ 4,048,000
In addition to bond funding approved during the May
1, 1993 election, there is additional funding needed
for the following purposes:
$ 1.455.000--For the construction of Civic
Center and Street Improvements to provide
improved access and utilization for persons with
disabilities. Street improvements include
making curb cuts at all intersections for a
total principal of $1,032,000. The Civic Center
improvements include improving access via doors,
ramps, and seating for a total principal of
$423,000. Professional services are estimated at
$15,000. Both of these projects were federally -
mandated by the Americans with Disabilities Act.
September 9, 1993
Page 782
$ 3,625.000--For the construction of a taxiway
and ramp for the freight development area at the
City of Lubbock Municipal Airport and the
refunding of the capital lease for the F.A.A.
hangar.
The freight development area project consists of
the construction of an aircraft parking ramp and
taxiway to be built adjacent to the freight
processing area. The effect will be that the
receiving and sorting areas will be side -by -side
versus the current operating environment where
receiving and sorting take place at two
different locations and freight has to be
trucked back and forth. In addition, the
project is an expansion in anticipation of the
tenant's planned expansion resulting in a 40
percent increase in the workforce of the tenant.
The certificates would fund $2,700,000 million of
the total budget of approximately $4,600,000.
Remaining funding needs have been approved for
Passenger -Facility -Charge (PFC) funding.
The capital lease refunding is being considered for
the capital lease agreement with assignees of Gary
Greenstreet, Inc., for construction of a hangar in
accordance with Federal Aviation Administration
(FAA) specifications in response to an FAA Request
for Proposals.
The City currently pays $8,600 monthly under the
lease agreement. FAA leases the hangar from the
City under a one year lease agreement which began on
March 1, 1992, with a base monthly fee of $9,900 and
four one-year renewal options (the options would
extend the lease through February, 1997). Staff
feels the FAA will continue occupancy after
February, 1997, with future terms to be negotiated.
Issuing certificates of obligation to exercise the
buy out option on the lease would result in a
savings of $266,550 over the 20-year term.
This resolution also approves the publication of
Notice of Intention to hold a public TEFRA hearing,
a requirement for an entity that is issuing
financing for a municipal airport. The TEFRA
hearing is tentatively scheduled for Thursday,
September 30, 1993 to Friday, October 7, 1993. The
issuance of these bonds and certificates is
consistent with Council guidelines. Staff
recommended approval of the resolution.
Motion was made by Mayor Pro Tem Neugebauer,
seconded by Councilmember Patterson to authorize
Resolution #4255 as recommended by staff. Motion
carried: 5 Yeas; 0 Nays--Councilmember Hernandez
and Councilmember Cooke absent from the Council
Chambers.
September 9, 1993
Page 783
93-52B-783-647
(30.)
RESOLUTION #4256
WHEREAS, the City Council of the City of Lubbock has heretofore in
Resolution No. 4151 enacted on May 13, 1993, provided that the City
Manager of the City of Lubbock be empowered to approve routine contracts
for goods and services involving an expenditure of $10,000 or less that
are executed on standard City contract forms or on forms approved by the
City Attorney; and
WHEREAS, Senate Bill No. 226 enacted by the 73rd Legislature to be
effective September 1, 1993, provides that cities in Lubbock's
population bracket do not have to seek competitive bids on expenditures
not exceeding $15,000; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock or his designee is
hereby authorized and directed to approve routine contracts for goods
and services involving an expenditure of $15,000 or less that are
executed on standard City contract forms or in a form approved by the
City Attorney.
Passed by the City Council this 9th day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Currently, the City Manager is authorized to approve
routine contracts for the purchase of goods and
services for amounts of $10,000 or less. This
authorization was consistent with Texas State Law
until the 1993 Legislature passed Senate Bill 226,
allowing the City to authorize the City Manager to
expend up to $15,000. This law became effective
September 1, 1993, and staff recommended that City
internal policy be consistent with State Law.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4256 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
September 9, 1993
Page 784
93-52B-784-648
(31.)
RESOLUTION #4257
WHEREAS, the City Council of the City of Lubbock deems it to be in
the public interest to ensure that disadvantaged businesses will have an
equal opportunity to compete for City of Lubbock contracts for
construction, professional services, purchases of equipment and supplies
and all other services required by the City; and
WHEREAS, Senate Bill No. 226 of the 73rd Legislature, requires
municipalities in making an expenditure of more than $3,000 but less
than $15,000 to contact at least two disadvantaged businesses on a
rotating basis; and
WHEREAS, it has been City of Lubbock policy since 1980 to contact
disadvantaged businesses on all City of Lubbock contracts, regardless of
amount to ensure equal opportunity to participate for disadvantaged
businesses and thereby promote employment opportunities for all Lubbock
citizens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby adopts as its
policy the amended Policy Statement entitled City of Lubbock DBE/SBE
Program included within the Disadvantaged Business Enterprise Program
attached hereto; and
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock said Policy Statement and any amendments thereto: and
THAT the City Manager of the City of Lubbock or his designee shall
be the Disadvantaged Business Enterprise Liaison Officer for the City of
Lubbock and shall have authority to implement this policy.
Passed by the City Council this 9th day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager/Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Senate Bill 226 was passed by the 73rd Legislature
and signed by the Governor and provides that
municipalities making an expenditure of more than
$3,000, but less than $15,000, must contact at least
two disadvantaged businesses from a list to be
provided by the State Purchasing and General
Services Commission. This bill was effective
September 1, 1993.
September 9, 1993
Page 785
93-52B-785-649
(32.)
This resolution amends the City of Lubbock DBE/SBE
Program Policy Statement to include Disadvantaged
Business Enterprises. The program is intended to
build awareness of the social responsibility of the
City and its individuals to provide opportunities
for Disadvantaged and Small Business Enterprises.
The actual change in the City of Lubbock policy is
to change the term "Minority Business Enterprise" to
"Disadvantaged Business Enterprise" as stated in
Senate Bill 226. Staff recommended approval of the
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4257 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #4258
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
Addendum No. 5 for Claim Service Contract No. 3628 by and between the
City of Lubbock and Crawford and Company, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 9th day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant
City Manager for Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
September 9, 1993
Page 786
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CRAWFORD & COMPANY
ADDENDUM #5
CONTRACT NO. 3628
PREPARED AUGUST 4, 1992
CLIENT CODE NO. 01277
CRAWFORD & COMPANY, hereinafter referred to as the "Servicing Company,"
and CITY OF LUBBOCK, hereinafter referred to as the "Client," mutually
agree to the following amendment to the July 14, 1989, Claim Service
Contract #3628.
1
2
3
Page 1, section (3) is amended to read as follows:
For the period July 14, 1992 through July 13, 1993:
220 State Workers' Compensation Medical Only
claims @ $68.00 per claimant = $ 14,960.00
69 State Workers' Compensation Other Than
Medical Only claims @ $690.50 per claimant
(States of AK, CA, FL, and TX) _ $ 47,644.50
40 Automobile Liability claims @ $240.00
per claimant = $ 9,600.00
164 General Liability claims @ $240.00 per
claimant = $ 39,360.00
40 SISDAT FEES @ $15.00 per fee = $ 600.00
$112,164.50
Page 1, last paragraph first sentence is amended to read as
follows:
The "Client" agrees to pay the "Servicing Company" at
the rate of one -twelfth (1112) of $112,164.50 per
month ($9,347.04).
All other provisions and amendments of the July 14, 1989 contract
#3628 shall remain unchanged.
September 9, 1993
Page 787
IN WITNESS WHEREOF, the "Servicing Company" and the "Client" have caused
this addendum to be executed by the persons authorized to act in their
respective names.
DATED this 9th day of September, 1993.
CITY OF LUBBOCK CRAWFORD & COMPANY
BY:/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant
City Manager for Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
BY:
Vice President
On July 13, 1989, the City of Lubbock entered into a
contract with Crawford & Company for the processing
of claims for liability and workers' compensation.
The five-year contract includes a provision for
adding revisions each year. (This is the final year
of this agreement.)
The original Crawford contract was revised by adding
two amendments. The first amendment changed
language in the original contract that was
overlooked at the time the Crawford contract was
written. The second amendment increased the fees by,
6 112 percent. These two amendments were effective
for the contract year July, 1990 to July, 1991. The
third and fourth amendments increased total fees
charged in the contract year by 1.7 percent for
contract years 1991-92 and 1992-93.
In this contract amendment, the fifth amendment,
Crawford has requested an increase per claim fees by
4.8 percent for workers' compensation, no lost time
files, and 4.6 percent for liability files. No
increase is projected for workers' compensation for
lost time injuries. Using the proposed rates, the
total claims adjusting costs are estimated to be
$112,164.50, a yearly reduction of $38,535.00 as a
result of a decreased number of projected claims.
In staff's opinion, these cost adjustments are
reasonable and appropriate, and this increase is
consistent and competitive with other third -party
administrators in the industry. Staff recommended
approval.
Motion was made by Councilmember Aderton, seconded
by Councilmember Cooke to authorize Resolution #4258
as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
September 9, 1993
Page 788
93-52B-788-650
(33.)
RESOLUTION #4259
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
Facilities Agreement by and between Lubbock County, Texas, the City of
Lubbock and the Texas Department of Criminal Justice, 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 9th day of September, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business
Relations/Economic Development
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Facilities Agreement between the City of Lubbock and the
Texas Department of Criminal Justice is filed with Resolution No. 4259.
The Texas Department of Criminal Justice is
requesting that the City and County execute a
Facilities Agreement for construction of the General
Psychiatric Care Facility. This agreement was
prepared by the City Attorney's Office and approved
by the County Commissioner's Court on August 24,
1993.
The agreement sets forth the responsibilities of the
City and County during the construction phase of the
State facility. The major provisions of the
agreement deal with conveyance of the 1,302 acres of
land to the State by the City, roads provided by
Lubbock County necessary for the facility, water and
sewer line extensions to the site, an elevated
storage tank, site grading, irrigation pivots, a
pipeline for wastewater effluent, and other
miscellaneous financial incentives guaranteed by the
community to secure the State facility.
September 9, 1993
Page 789
The Facilities Agreement binds the City and County
to provide the improvements that were promised in
the community's proposal to secure the facility.
The City's cost for the land and other improvements
is estimated to be $4,100,000. Bonds have been sold
by the City to finance the improvements. The land
has been purchased and conveyed to the State, and a
major portion of the utility improvements have been
completed. Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4259 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
93-52B-789-651
(34.)
93-52B-789-652
(35.) 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:
93-52B-789-653
(36.)
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
Human Relations Commission
Lubbock Central Appraisal District
Lubbock Mental Health/Mental Retardation Center
Board of Trustees
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to appoint Julian Guerra, to
reappoint Shirley Christian and Burl Masters, and to
hold on appointing a replacement for Kathy
Richardson on the Civic Centers Board. Motion
carried: 5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
September 9, 1993
Page 790
93-52B-790-654
(37.)
93-52B-790-655
(38.)
93-52B-790-656
(39.)
93-52B-790-657
(40.)
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to appoint Josue Silva and to
reappoint Ron North to the Airport Board. Motion
carried: 5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to hold on making one
appointment to the Lubbock Mental Health/Mental
Retardation Center Public Responsibility Committee.
Motion carried: 5 Yeas; 0 Nays--Councilmember
Aderton and Councilmember Patterson absent from the
Council Chambers.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to appoint Donna Clark, Joe
Chavez, and Ruth Perez, and to reappoint Myra
Burris, Jay Ibarra, Palmira Perea-Hay, and Cara
Speer on the Community Services Commission. Motion
carried: 5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to hold on making one
appointment to the Urban Design and Historical
Preservation Planning Commission. Motion carried:
5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
September 9, 1993
Page 791
93-52B-791-658
(41.)
93-52B-791-659
(42.)
93-52B-791-660
(43.)
Consider one appointment to the Community
Development Advisory Committee to replace Larry
Brooks who was appointed as Chairman.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to appoint Keevin Dailey to
the Community Development Advisory Committee.
Motion carried: 5 Yeas; 0 Nays--Councilmember
Aderton and Councilmember Patterson absent from the
Council Chambers.
Consider one appointment to the Human Relations
Commission to replace Victor Hernandez, who
resigned.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to appoint Kaythie Darnell to
the Human Relations Commission. Motion carried: 5
Yeas: 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to nominate Nancy Neale, Gene
f Ehler, and Clay Leaverton to the Board of Directors
of the Lubbock Central Appraisal District. Motion
carried: 5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
93-52B-791-661
(44.)
Motion was made by Councilmember Hernandez, seconded
by Councilmember Cooke to hold on making one
appointment to the Lubbock Mental Health/Mental
Retardation Center Board of Trustees. Motion
carried: 5 Yeas; 0 Nays--Councilmember Aderton and
Councilmember Patterson absent from the Council
Chambers.
September 9, 1993
Page 792
There being no further business to come before Council, motion was made
by Councilmember Patterson, seconded ou lmemb adjourn
the meeting at 4:20 p.m. Motion ca ried: 5 Y s; Na ounci tuber
Aderton and Councilmember Patterson absen m the cil C er .
ATTEST:
&-tc' a etty o nson, City ecretary
Read and approved this the 23rd da
ATTEST:
e ty o n on, City Secretary