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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