HomeMy WebLinkAboutMinutes - City Council - Regular - 10/14/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 14, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 14th day of October, 1993 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston, Councilmember T. J. Patterson,
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.
Absent: Mayor Pro Tem Randy Neugebauer and Councilmember M. J. Aderton.
Mayor Langston called the meeting to order at 10:19 A.M.
( 1.) The Invocation was given by Jim Bertram, Assistant
City Manager for Development Services.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
93-52B-837-687
( 3.)
Octoberfast--October 10-17, 1993.
At the City Council meeting of November 12, 1992,
the Council voted to approve the installation of a
school crosswalk and reduced speed zone at the east
leg of Slide Road and 92nd Street.
The staff reported to the Council that the criteria
did not warrant a school crossing installation.
However, upon recommendation by the Citizens Traffic
Commission, staff proceeded with the installation on
the basis of potential crossings and evaluation
after continued operation. The installation was
completed during March 1993 and operated the last
two months of the 1992-1993 school year and during
September of the current school year.
An evaluation of the crossings this year revealed an
average of three students crossing when an average
of ten is required to warrant the installation in
accordance with the policy. The issue was again
presented to the Citizens Traffic Commission at
their regular meeting on September 14, 1993. After
hearing an updated report from staff and concerns
expressed by the original requesting parent, the
Citizens Traffic Commission voted to recommend
removal of the school crossing installation to the
City Council due to a failure of the location to
meet the criteria.
October 14, 1993
Page 838
93-52B-838-688
( 4.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the recommendation
of the Citizens Traffic Commission for removal of a
school crosswalk and reduced speed zone with
flashing lights on the east leg of Slide Road at
92nd Street. Motion carried: 5 Yeas; 0 Nays.
RESOLUTION #4269
WHEREAS, W. D. "Dub" Rogers was a major contributor of his time,
talents, and energies, and was an unselfish advocate for the betterment
of the City of Lubbock and the entire Llano Estacado; and
WHEREAS, Dub Rogers was a true pioneer in the broadcasting
industry, developing and implementing many innovations and regional
marketing techniques early in the history of his industry; and
WHEREAS, in 1952, Dub Rogers opened the first Lubbock television
station with the distinction of being the only television station
operating between Fort Worth and Los Angeles; and
WHEREAS, Dub Rogers was one of Lubbock's most energetic and
progressive City Mayors serving from 1966 until 1970, and providing
leadership and vision to the community;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT this City Council recognizes the tremendous contributions
made to this community by Mr. Rogers and mourns the passing of a beloved
colleague and friend.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
/s/ Randy Neugebauer
Randy Neugebauer
Mayor Pro Tem
Councilman, District 5
/s/ T. J. Patterson
T. J. Patterson
Councilman, District 2
/s/ M. J. "Bud" Aderton
M. J. "Bud" Aderton
Councilman, District 3
/s/ Max L. Ince
Max L. Ince
Councilman, District 4
/s/ Alex "Tv" Cooke
Alex "Ty" Cooke
Councilman, District 6
/s/ Victor Hernandez
Victor Hernandez
Councilman, District 1
October 14, 1993
Page 839
600
93-52B-839-689
( 5.)
With the passing of former Lubbock Mayor and
businessman W.D. "Dub" Rogers, the City Council
honored his leadership and service to Lubbock
through the passage of this resolution which
recognizes his love for Lubbock, his service as
Mayor, and his contributions in pioneering the
telecommunications industry. A framed copy of the
resolution was presented to members of the family
who were present.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution
#4269 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
Chuck Kershner requested a loudspeaker permit for a
barbecue and dance to be held at the Four Bar K
Ranch facility, 2811 98th Street for the Lubbock
Women's Bowling Association annual awards ceremony.
The request is for Saturday, October 23, 1993, from
7:00 p.m. until 11:00 p.m.
Mr. Kershner's backup did not include a signed
petition from area residents; however, in accordance
with an agreement between Mr. Kershner and the city
approving Mr. Kershner's activities without
acquiring approval signatures for every scheduled
event, a signed petition will not be necessary. Mr.
Kershner recently agreed to update the signature
file reflecting a recent approval of the area
residents, copies of which are on file with the
City. Staff recommended approval.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to approve the request of
Chuck Kershner for a loudspeaker permit for October
23, 1993 from 7:00 p.m. until 11:00 p.m. Motion
carried: 5 Yeas; 0 Nays.
( 6.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the minutes of the
September 23, 1993 Regular City Council Meeting as
written. Motion carried: 5 Yeas: 0 Nays.
October 14, 1993
Page 840
93-52B-840-690
( 7.)
ORDINANCE #9656
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2709: A ZONING CHANGE FROM IHC AND IHC DESIGN HISTORIC TO IHC SPECIFIC
USE AND IHC DESIGN HISTORIC SPECIFIC USE FOR ALL OR PART OF BLOCKS 214,
215, 216, 230, 231, 232, AND 233, ORIGINAL TOWN ADDITION; LOTS 6-10,
BLOCK 1, HART ADDITION; AND ALL OR PART OF BLOCKS 1 AND 43, MERRILL
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
93-52B-840-691
( 8.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9656 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9649
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2710; A ZONING CHANGE FROM T TO C-4 SPECIFIC USE ZONING FOR MINI
WAREHOUSES, RV STORAGE, AND PORTABLE BUILDING SALES ON A PARCEL IN BLOCK
D-6, SECTION 2, TRACTS K-2 AND K-1A, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
93-52B-840-692
( 9.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9649 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9650
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2711; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR MULTI -FAMILY TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A 4.8 ACRE TRACT OUT OF SECTION
15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY: PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
October 14, 1993
Page 841
93-52B-841-693
(10.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9650 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9651
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2712: A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO TRAILER/TRUCK
RENTALS AND ALL PERMITTED C-3 USES ON TRACT B, SOUTH UNIVERSITY
ADDITION, LUBBOCK, TEXAS: PROVIDING A PENALTY: PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
93-52B-841-694
(11.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9651 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9652
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2713; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN
HOMES ON LOTS 5, 6 AND 7, CLYDE TATUM ADDITION, LUBBOCK, TEXAS: SUBJECT
TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
93-52B-841-695
(12.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9652 as recommended by staff.
Motion carried: 5 Yeas: 0 Nays.
Addition.
ORDINANCE #9653
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2714; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT N, RUSHLAND PARK
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 #9653 as recommended by staff.
Motion carried: 5 Yeas: 0 Nays.
October 14, 1993
Page 842
93-52B-842-696
(13.)
ORDINANCE #9654
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1856-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH AND
CHURCH RELATED USES ON TRACT A, RAINTREE ADDITION, LUBBOCK, TEXAS:
SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
93-52B-842-697
(14.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9654 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9655
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2190-C; A ZONING CHANGE FROM A-2 LIMITED TO CHURCH AND CHURCH RELATED
USES TO A-2 LIMITED TO A CHILD CARE FACILITY ON A TRACT OF LAND OUT OF
SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING
A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
93-52B-842-698
(15.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9655 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9647
AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET
LIGHT CABLE EASEMENT LOCATED IN MELONIE PARK SOUTH ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
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 #9647 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 843
93-52B-843-699
(16.)
ORDINANCE #9648
AN ORDINANCE AMENDING SECTION 28-59 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WATER SERVICE TO FEDERAL,
STATE OR LOCAL GOVERNMENTS AND CITY PROPERTY OR FACILITIES; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
93-52B-843-700
(17.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9648 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
RESOLUTION #4270
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 Grant
Application and associated documents to be submitted to the Texas
Department of Housing and Community Affairs and is to be in the amount
of ONE HUNDRED NINETY-EIGHT THOUSAND FIFTY-TWO AND NO/100 DOLLARS
($198,052.00) for the purpose of administering programs under the
Community Services Block Grant to relieve the effects of poverty in
Lubbock County, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Grant Application is filed with Resolution No. 4270.
October 14, 1993
Page 844
93-52B-844-701
(18.)
The Community Services Block Grant for fiscal year
1993-94 in the amount of $198,052 will allow the
Community and Neighborhood Services Department to
maintain the current level of programming to assist
low-income families and children.
The Community Services grant provides funds for the
Information and Referral Section, which responds to
telephone requests for information concerning
community resources; annual publication of Directory
of Human Services, a resource used by employees and
hundreds of agencies in the community; and tracking
of clients requesting services from a variety of
churches and agencies. This information is used to
determine needs and avoid duplication of services.
Bus passes will continue to be provided to
individuals needing transportation for medical or
employment purposes through several agreements.
Neighborhood Development is another area which this
grant funds in two areas: assisting neighborhood
associations to develop resources and providing
direct service at the two outreach offices. This
grant is also used in the leveraging for other state
funds, i.e., Energy Crisis Program and Emergency
Homeless grant.
The City of Lubbock has administered the Community
Services Block Grant for the past 16 years. The
funding is used for the leveraging of other local,
state, and federal grants. Due to the comprehensive
services provided through these funds, the City
staff recommended the approval for the continuation
of this grant.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4270
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #4271
WHEREAS, the City Council on May 13, 1993, passed Resolution No.
4145 and on September 23, 1993, passed Resolution No. 4262 providing for
the improvements of portions of streets and alleys in the City of
Lubbock, Texas, and along the boundaries of said City, and directing
preparation of plans and specifications covering the streets and alleys
as named in said Resolution; and
WHEREAS, the City Engineer has prepared and filed with the City
plans or schematics and standard specifications for such improvements,
and same have been examined; NOW THEREFORE:
October 14, 1993
Page 845
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans or schematics and standard specifications submitted
by the City Engineer covering improvements contemplated by said
Resolutions BE and the same are hereby approved.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This is the second of five resolutions in the
assessment paving procedure. The first resolutions
listed the following alleys and streets to be
considered on this program:
The North -South alley between York
Avenue and Wayne Avenue from 4th
Street to York Avenue.
The North -South alley between York
Avenue and Zoar Avenue from 4th
Street to York Avenue.
The East-West/North-South alley
between FM 1730 (Slide Road) and
Zoar Avenue and between 75th Street
and 76th Street.
20th Street from Juneau Avenue to
Kewanee Avenue.
Frankford Avenue from 66th Street to
82nd Street.
98th Street from Indiana Avenue to
FM 1730 (Slide Road).
The Council directed that these streets be included
in the program by resolutions approved on May 13,
1993 and September 23, 1993. This second resolution
approves plans, schematics and specifications for
the streets and alleys to be considered at the
future assessment public hearing. Plans have been
prepared on the three alleys and for 20th Street.
The City's standard specifications and schematics of
Frankford Avenue and 98th Street are on file in the
City Engineer's office. Detailed plans for
Frankford Avenue will be prepared by an engineering
firm. Plans for 98th Street will be prepared by the
Texas Department of Transportation. Staff
recommended approval of this resolution.
October 14, 1993
Page 846
93-52B-846-702
(19.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4271
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #4272
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
Second Amendment to Agreement For Services in Investigations of Child
Abuse by and between the City of Lubbock and the Texas Tech University
Health Sciences Center, 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
IN INVESTIGATIONS OF CHILD ABUSE
WHEREAS, the City of Lubbock and the Texas Tech University Health
Sciences Center School of Medicine Department of Pediatrics have
heretofore on the 22nd day of October, 1991, entered into an Agreement
for the Department of Pediatrics to provide the City of Lubbock Police
Department with the specialized service of forensic evaluation in
suspected child abuse investigations; and
WHEREAS, the City of Lubbock and Texas Tech University Health
Sciences Center desire to extend said Agreement for one year; NOW
THEREFORE:
October 14, 1993
Page 847
WITNESSETH:
The Agreement for Services in Investigations of Child Abuse
heretofore executed by the City of Lubbock and the Texas Tech University
Health Sciences Center upon the 22nd day of October, 1991, is hereby
extended through September 30, 1994, under the same terms and conditions
as are set forth therein.
EXECUTED this 14th day of October, 1993.
TEXAS TECH UNIVERSITY HEALTH CITY OF LUBBOCK:
SCIENCES CENTER:
/s/ Elmo M. Cavin for
PRESIDENT
/s/ Elmo M. Cavin
VICE PRESIDENT FOR FISCAL
AFFAIRS
APPROVED AS TO FORM:
/s/ Name Not Legible
ASSOCIATE GENERAL COUNSEL
/s/ David R. Langston
MAYOR
ATTEST:
/s/ Betty M. Johnson
CITY SECRETARY
APPROVED AS TO CONTENT:
/s/ Donald R. Bridgers
POLICE CHIEF
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
ASSISTANT CITY ATTORNEY
Since 1991, the City of Lubbock Police Department
(LPD) has contracted with Texas Tech University
Health Sciences Center School of Medicine,
Department of Pediatrics Child Advocacy Research and
Education Center (C.A.R.E. Center) for specialized
forensic evaluation including medical evaluation,
case review, consultation, professional training and
other needed services for the investigation of child
abuse cases referred to C.A.R.E. by LPD. The terms
of the agreement are as follows:
Compensation:
A minimum of $34,800 per year to be paid
in monthly installments of $2,900 based on
a projected 55 referred cases per year, at
an estimated 4 hours each. The minimum
monthly amount paid will be $2,900.
2. Additional services requested by Police
Department over and above those outlined
in agreement will be billed at $100 per
hour.
3. In no event shall the total number of
hours for which C.A.R.E. is compensated
exceed 800 hours for the term of the
agreement.
October 14, 1993
Page 848
Services Provided:
1. C.A.R.E. Center will provide forensic
evaluation, for both outpatients and
hospital inpatients, including medical
examination, consultation with LPD
personnel and a written report on referred
cases.
2. Weekly discussion as needed of current
referred child abuse cases.
3. Eight hours of formal training of LPD
personnel in recognizing child abuse and
in handling of child abuse investigations
plus 4 hours of preparation time to be
billed at $100 per hour.
4. Other consultative services as needed in
investigation of child abuse cases,
including expert information to support
arrests.
Other Provisions:
1. Subject to minimum amount City shall
compensate C.A.R.E. Center only for
referred cases and only for services
enumerated in "Services Provided" clause.
2. If services provided in any one month
exceed $2,900, C.A.R.E. Center shall
submit itemized statement justifying
increased amount of payment based on
hourly rate of $100 per hour.
3. C.A.R.E. Center shall submit a detailed
quarterly report.
4. Agreement may be renewed annually.
The agreement also includes liability and
confidentiality clauses.
The actual cost per case is $400; however, a minimum
of $2,900 per month is paid to have service of
C.A.R.E. available to support Police Department
Juvenile Division in the investigation, counselling
and possible prosecution of child abuse cases.
Because the Lubbock Police Department is lawfully
charged with the investigation of possible instances
of child abuse and because the C.A.R.E. Center is
able to provide the City with its expertise in the
very specialized service of forensic evaluation in
suspected child abuse investigations, staff
recommended renewal of this contract.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4272
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 14, 1993
Page 849
93-52B-849-703
(20.)
RESOLUTION #4273
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 362 THROUGH 411, PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 362 through 411, Pheasant Run
Addition to the City of Lubbock, Lubbock County, Texas, has complied
with the provisions of Article IV, Chapter 28 of the Code of Ordinances
of the City of Lubbock, in providing the water and sewer improvements
for said Addition; and
WHEREAS, the total utility cost to the developer is $56,677.08,
with the improvements constructed by Utility Contractors of America,
Inc. having a value of $39,691.90, as determined by the unit prices
established by said Chapter 28, and $16,985.18 cash paid to the City,
which amount includes $11,911.80 transferred funds for adjacent lines,
and $3,341.12 cash for adjacent lines, with Rothwell Homes, the
developer, to receive a refund of $5,670.10 in accordance with Chapter
28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00;
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $5,670.10 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$0.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s Michael E. Murphy
Michael E. Murphy, Senior Utilities
Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
October 14, 1993
Page 850
93-52B-850-704
(21.)
According to staff memo, this is a routine
acceptance of water and sewer improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$56,677.08 including the following: value of
construction costs, $39,691.90; cash paid to the
City of Lubbock, $16,985.18; transferred funds for
adjacent lines, $11,911.80; and cash for adjacent
lines, $3,341.12. The developer, Rothwell Homes,
will receive a refund of $5,670.10 in accordance
with Chapter 28 of the Code of the City of Lubbock.
There is no refund of deposit. Staff recommended
acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4273
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #4274
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 836 THROUGH 867, LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 836 through 867, Lakeridge Country
Club Estates Addition to the City of Lubbock, Lubbock County, Texas, has
complied with the provisions of Article IV, Chapter 28 of the Code of
Ordinances of the City of Lubbock, in providing the water and sewer
improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $38,078.83,
with the improvements constructed by Utility Contractors of America,
Inc. having a value of $32,868.41, as determined by the unit prices
established by said Chapter 28, and $5,210.42 cash paid to the City,
which amount includes $3,484.58, for adjacent lines, with Lakeridge
Estates of Lubbock, Inc., the developer, to receive a refund of $0.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00;
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be
made in accordance with said Chapter 28.
October 14, 1993
Page 851
SECTION 3. THAT a refund of deposit be made in the amount of
$0.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 14th day of October, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Senior Utilities
Engineer
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
93-52B-851-705
(22.)
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
According to staff memo, this is a routine
acceptance of water and sewer improvements
constructed in accordance with the subdivision
regulations. The total cost of the improvements is
$38,078.83 and includes the following: value of
construction costs, $32,868.41; cash paid to the
City of Lubbock, $5,210.42: adjacent lines,
$3,484.58. The developer, Lakeridge Estates of
Lubbock, Inc., will receive a refund of $0.00 in
accordance with Chapter 28 of the Code of the City
of Lubbock. There is no refund of deposit. Staff
recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4274
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #4275
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT
2, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lot 2, Camelot Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of
Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock,
in providing the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $10,103.30,
with the improvements constructed by Loop 289 R. V. Park having a value
of $9,903.30, as determined by the unit prices established by said
Chapter 28, and $200.00 cash paid to the City, with Loop 289 R. V. Park,
the developer, to receive a refund of $0.00 in accordance with Chapter
28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00;
October 14, 1993
Page 852
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$0.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Senior Utilities
Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, this is a routine
acceptance of water improvements constructed in
accordance with the subdivision regulations. The
total cost of the improvements is $10,103.30 and
includes the following: value of construction costs,
$9,903.30: and cash paid to the City of Lubbock,
$200.00. The developer, Loop 289 R.U. Park, will
receive a refund of $0.00 in accordance with Chapter
28 of the Code of the City of Lubbock. There is no
refund of deposit. Staff recommended acceptance of
these improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4275
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 14, 1993
Page 853
93-52B-853-706
(23.)
RESOLUTION #4276
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement by and between the City of Lubbock and the National Center for
Municipal Development, 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
f Anna Mosqueda, Assistant to
City Manager
how APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement between the City of Lubbock and National Center
for Municipal Development, Inc., is filed with Resolution No. 4276.
In 1986, the City Council approved a contract
between the City of Lubbock and the National Center
for Municipal Development (NCMD). The cities of
Lubbock, Plano, Houston, Dallas, and Fort Worth
agreed at that time to enter into a joint contract
for federal representation services. Under the
terms of the contract, the cities received
notifications on the various items of interest from
Washington and are also able to secure specific
services for individual city projects. The only
change in the current contract over last year is the
hourly rate increase from $90 to $95 per hour for
assured use and add -on hours. This rate had not
been increased since 1991.
Cities participating in the 1993-1994 contract
include Lubbock, Plano, Dallas, and Austin.
Proposed contract costs for the forthcoming year are
composed of three elements:
1. Retainer - $14,288
2. 36 Assured usage hours of service at
$95/hour - $3,420
3. Reimbursables not to exceed $5,000
October 14, 1993
Page 854
In addition, staff is able to secure additional
hours of service at a rate of $95 per hour. The
NCMD has been of significant value to the City with
regard to discussions with various federal agencies.
During the recent year, for example, staff was
assisted in discussions with legislative priorities
pertaining to HOPE -HOME, economic development,
NAFTA, transportation issues, and grants
information.
Staff recommended approval of this contract.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4276
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
93-52B-854-707
(24.) BID #12618--Financial Collection Services, and
authorize same (Finance).
RESOLUTION #4277
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
Professional Services Agreement by and between the City of Lubbock and
Collectech Diversified, 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 14th day of October, 1993.
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
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 14th day of October
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 Collectech
Diversified, Inc., of the City of Lubbock, County of Lubbock, and the
State of Texas, hereinafter termed CONTRACTOR.
October 14, 1993
Page 855
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. 12618--Financial Collection Services (Finance), please see
contract
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
ATTEST:
/s/ Judy Drury
Secretary
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Collectech Diversified, Inc.
CONTRACTOR
By: /s/ Judy Jordan
TITLE: General Manager
COMPLETE ADDRESS: Collectech Diversified, Inc.
P.O. Box 12027
Lubbock, Texas 79452
Responsive proposals were evaluated by a committee
and vendors were ranked based on the following
criteria:
1. Proposed cost
2. Convenient access to City Officials
3. Experience
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4277
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 14, 1993
Page 856
93-52B-856-708
(25.) BID #12665--Playground equipment (Parks and
Recreation).
Exerplay, Albuquerque, NM--19 ea. park bench.
Sports & Recreational Products, Laredo--1 ea.
modular equipment, Butler Park; 1 ea. modular
equipment, Carter Park; 1 ea. modular equipment,
Chatman Park: 1 ea. modular equipment, Guadalupe
Park; 1 ea. modular equipment, Lusk Park, Unit I;
ea. Modular Equipment, Lusk Park, Unit II; 1 ea.
modular equipment, Maedgen Park, Unit II: 1 ea.
modular equipment, Maedgen Park, Unit II: 1 ea.
modular equipment, Washington Park; 1 ea. modular
equipment, Mackenzie Park, Unit I; 1 ea. modular
equipment, Mackenzie Park, Unit II: 2 ea. swing, 4
seat; 1 ea. swing, 2 seat.
Modlin Equipment, Inc., Denton--5 ea. spring toy, 2
seat; 2 ea. Spring -A -Bout; 3 ea. whirl; 1 ea. pogo
pole; 1 ea. rotator.
Hunter Knepshield Co., Plano--17 ea. spring toy.
Beckley Cardy Co., Amarillo--6 ea. belt seat; 15 ea.
tot seat.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
93-52B-856-709
(26.) BID #12682--12" CV900 PVC pipe (Water Utilities).
Morrison Supply Co.--13,230' 12" C900 PVC pipe.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
93-52B-856-710
(27.) BID #12696--Annual pricing for asphalt (Streets).
Koch Materials--150,000 gl. 1, 3% Latex; 150,000 gl.
Asphalt MS-2, 3% Latex; 75,000 gl. Asphalt RS-2, 3%
Latex; 25,000 gl. Asphalt MS-1; 25,000 gl. Asphalt
MS-2; 25,000 gl. Asphalt RS-2.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 857
93-52B-857-711
(28.) BID #12704--
3 and authc
RESOLUTION #4278
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 Wardroup and Associates
of Lubbock to furnish labor and equipment for demolition of Pump Station
#2 located at 5th Street and Avenue J, and Pump Station #3 located at
3rd Street and Akron Avenue, 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 14th day of October, 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 14th day of October,
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 Wardroup and
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. 12704--Demolition of Pump Station 2 and 3 (Water Utilities) in
the amount of $45,337.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
October 14, 1993
Page 858
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,
this agreement in Lubbock,
first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
ATTEST:
Secretary
COMPLETE ADDRESS:
93-52B-858-712
(29.)
93-52B-858-713
(30.)
the parties to these presents have executed
Lubbock County, Texas in the year and day
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
Wardroup and Associates
CONTRACTOR
By:
TITLE:
Wardroup & Associates
4408 Brownfield Drive
Lubbock, Texas 79410
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4278
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
--Motorcvcl
Collectech Diversified, Inc.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
Councilmember Patterson recused from discussion on
this item.
Mayor Langston opened the public hearing at 10:45
a.m.
Ysabel Luna and Mikel Ward spoke in favor of this
addition.
There was no opposition. Mayor Langston closed the
hearing at 10:50 a.m.
October 14, 1993
Page 859
93-52B-859-714
(31.) Consider Ordinance #9657 adding an area to the
Lubbock North Enterprise Zone.
ORDINANCE #9657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
NOMINATING AN AREA TO BE ADDED TO THE LUBBOCK NORTH ENTERPRISE ZONE AS
ESTABLISHED BY CITY OF LUBBOCK ORDINANCE NO. 9591, PURSUANT TO THE TEXAS
ENTERPRISE ZONE ACT (TEXAS CIVIL STATUTES, ART. 5190.7); PROVIDING TAX
INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL
MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA
DESCRIBED HEREIN AS ADDITION TO THE LUBBOCK NORTH ENTERPRISE ZNE AND
REINVESTMENT ZONE (TEXAS TAX DOE, CHAP. 312); AND FURTHER DESIGNATING A
LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE
THE ADDITION IS APPROVED BY THE TEXAS DEPARTMENT OF COMMERCE.
Councilmember Patterson recused from discussion and
voting on this item.
Jim Bertram, Assistant City Manager for Development
Services, presented staff comments.
In order to establish an Enterprise Zone or to amend
the previous established Enterprise Zone, it is
necessary to hold a public hearing. The area
covered by this hearing was requested by
Councilmember Hernandez during the August 1993
public hearing. The area included is adjacent to
major thoroughfares. It has been determined that
these areas show potential for commercial or
industrial redevelopment in the future.
This addition meets the required criteria and the
land area of the North Enterprise Zone will remain
below the 20 square mile maximum allowed. The
incentives for this addition will be the same as
provided for the Lubbock North and South Enterprise
Zones. If approved, there will be a $500
application fee. The Enterprise Zone Committee has
reviewed this addition and recommended it to the
Council. Staff will complete the application by
November 1 and it will be submitted to the Texas
Department of Commerce by November 9. The Texas
Department of Commerce should respond by January 1,
1994. Staff recommended approval of this addition.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Ince to pass on first reading
Ordinance #9657 as recommended by staff. Motion
carried: 4 Yeas; 0 Nays; 1 Recused--Councilmember
Patterson.
October 14, 1993
Page 860
93-52B-860-715
(32.)
RESOLUTION #4279
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
Landscaping Agreement by and between the City of Lubbock and the
Panhandle -South Plains Fair Association for the beautification of the
southern boundary of the fairgrounds along East Broadway between Avenue
A and the present entrance to Mackenzie Park, 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager/
Development Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
THE STATE OF TEXAS §
LANDSCAPING AGREEMENT
COUNTY OF LUBBOCK §
WHEREAS, the Panhandle -South Plains Fair Association, hereinafter
called "Fair," desires to beautify the southern boundary of the
fairgrounds along East Broadway between Avenue A and the present
entrance to Mackenzie Park; and
WHEREAS, the City of Lubbock, hereinafter called "City," desires
to assist the Fair with the beautification through it's Broadway
Streetscape project; and
WHEREAS, the City has the opportunity to nominate the Broadway
Streetscape as a project for the Statewide Transportation Enhancement
Program provided for by the Intermodal Transportation Efficiency Act
(ISTEA); and
WHEREAS, acceptance of the project by the Texas Department of
Transportation will greatly enhance the quality and magnitude of the
Broadway Streetscape project; and
WHEREAS, the selection of the project by the Texas Department of
Transportation requires a local match of 20 percent to be submitted by a
local government; and
October 14, 1993
Page 861
WHEREAS, the City has available $622,000 for local match and the
Fair has set aside $50,000 for its beautification project, which funds
of the Fair will be made available to the City for a part of the local
match according to the following terms and conditions.
WITNESSETH:
1) Upon selection of the Broadway Streetscape project by the Texas
Transportation Commission, the Fair hereby agrees to make available to
the City for use as local match funds the amount of $50,000.00.
2) The City hereby agrees that the Fair shall have the opportunity
to review the final plans submitted to the Texas Department of
Transportation prior to submission and the City hereby agrees that the
value of the improvements to be included on City right-of-way along East
Broadway adjacent to the fairgrounds, as shown on Exhibit A attached
hereto, shall in no event be less than the dollar amount committed to
the City for local match by the Fair.
EXECUTED at Lubbock, Texas, this 14th day of October, 1993.
PANHANDLE -SOUTH PLAINS FAIR:
/s/ Steve L. Lewis
STEVE L. LEWIS, MANAGER
ATTEST:
/s/ Name Not Legible
President
93-52B-861-716
(33.)
CITY OF LUBBOCK:
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City
Manager/Development Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Staff has prepared an application to the Texas
Department of Transportation for grant funds under
the Statewide Transportation Enhancement Program.
These funds will be used to landscape Broadway
between University Avenue and Martin Luther King
Boulevard. The amount of matching funds being
requested from the South Plains Fair Association is
$50,000. These funds will be added to $584,000 of
Broadway Streetscape bond funds and an additional
$38,000 in bond funds for the Broadway/Mackenzie
Park entrance. The combination of these matching
funds will allow us to request $2,688,000 in
Transportation Enhancement Funds. Staff recommended
approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4279 as recommended by staff. Motion carried: 4
Yeas; 0 Nays--Councilmember Patterson absent from
the Council Chambers.
October 14, 1993
Page 862
RESOLUTION #4280
F
WHEREAS, the City of Lubbock, Texas, desires to nominate the
Broadway Streetscape as a project for the Statewide Transportation
Enhancement Program provided for by the Intermodal Surface
Transportation Efficiency Act (ISTEA); and
WHEREAS, such nomination requires a Resolution as documentary
evidence of a commitment by the City of Lubbock to provide a local match
of funds; and
WHEREAS, the City Council of the City of Lubbock highly
recommends that the candidate project submitted by the City of Lubbock
be considered for enhancement funding; and
WHEREAS, this project is consistent with the long range
transportation plan for the area, the Lubbock Urban Transportation Plan;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby documents its commitment to
provide $672,000 in local match for the Broadway Streetscape nomination
as a project for the Statewide Enhancement Program provided for by the
Intermodal Surface Transportation Efficiency Act in the event such
project is selected by the Texas Transportation Commission; and
THAT the City Council of the City of Lubbock hereby highly
recommends the selection of the Broadway Streetscape project for funding
and certifies that the project is consistent with the long range
transportation plan of the City of Lubbock, and
THAT a copy of this Resolution be forwarded to the Texas
Department of Transportation as "ATTACHMENT 3. CERTIFICATION OF
FUNDING COMMITMENT.
Passed by the City Council this 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager/
Development Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Statewide Transportation Enhancement Program is filed with
Resolution No. 4280.
The Intermodal Surface Transportation Efficiency Act
of 1991 provided Surface Transportation Program
(STP) funds in excess of $23.9 billion for
allocation to the states. Once the funds are
distributed to the states, each state must set aside
10 percent for safety construction activities and 10
October 14, 1993
Page 863
percent for transportation enhancements.
Transportation enhancement activities, as defined in
the United States Code, include the following:
Provision of facilities for
pedestrians and bicycles.
2. Acquisition of scenic easements and
scenic or historic sites.
3. Scenic or historic highway programs.
4. Landscaping and other scenic
beautification.
5. Historic preservation.
6. Rehabilitation and operation of
historic transportation buildings,
structures, or facilities.
Preservation of abandoned railway
corridors, including the conversion
and use thereof for pedestrian or
bicycle trails.
8. Control and removal of outdoor
advertising.
9. Archaeological planning and
research.
F 10. Mitigation of water pollution due to
J highway runoff.
On September 9, 1993, staff presented Council with
the proposed submission of an application for the
Broadway Streetscape Project. Council gave their
full support to the project and directed staff to
proceed with the application process.
Staff felt this project would meet the eligibility
requirements in the category of landscaping and
other scenic beautification. The Broadway corridor
is currently classified as a principal arterial
route and would therefore make it eligible for
federal highway funds. The total cost of this
project, upon completion, is approximately
$3,360,000. The $584,000 approved for Broadway and
$38,000 approved for the Mackenzie entrance in the
May bond election could be used as match for this
grant along with the $50,000 that the Fair
Association has agreed to put up. The program is an
80/20 split between federal and local funds.
October 14, 1993
Page 864
If the City obtains funds for this project, there
would also be an increase in the maintenance costs
for the Parks Department. Parks staff prepared a
maintenance cost estimate for the Broadway Corridor
once construction is complete. Based upon the
available information, the following maintenance
activities will be required:
1. Pruning of trees and shrubs.
2. Bed cultivation.
3. Propagation, planting, and care of
seasonal color beds.
4. Leaf and other debris removal.
5. Turf maintenance.
6. Litter control, receptacle service
and maintenance.
7. Irrigation and system maintenance.
8. Fertilization.
9. Pest control (insect and weed).
10. Bench maintenance.
11. Lighting system maintenance.
Alternate #1
Proceed with Bond Funds Only
Total Project Cost $ 584,000
Initial Cost to City 584,000
First Year Maintenance 25,569
Costs (FY 96)
Ongoing Maintenance 11,169
Costs (FY 97)
Alternate #2
Apply for ISTEA Funds
Total Project Cost
$3,360,000
Trans. Enh. Funds
2,688,000
Initial Cost to City
584,000
Fair Association
50,000
C.I.P.-Mackenzie Entrance
38,000
First Year Maintenance
38,816
Cost (FY 97)
Ongoing Maintenance
26,916
Cost (FY 98...)
*Maintenance costs include LP&L's cost for
maintaining the additional street lights being
proposed for this project.
Additionally, staff has presented the project to and
received support from CenterCorp Inc., Urban Design
and Historic Preservation Commission, the Committee
of Churches, the Chamber of Commerce, and the Park
Board. Staff recommended approval of this
resolution.
October 14, 1993
Page 865
93-52B-865-717
(34.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4280 as recommended by staff. Motion carried: 4
Yeas: 0 Nays: Councilmember Patterson absent from
the Council Chambers.
RESOLUTION #4281
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement with the Texas Transportation Commission, attached hereto,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of October, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT made this 14th day of October, 1993, by and between
the Texas Transportation Commission, State of Texas, acting by and
through the Executive Director, Party of the First Part, and the City of
Lubbock. Texas Party of the Second Part:
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of
1991 allocates planning funds to Metropolitan Planning Organizations to
support the urban transportation planning process; and
October 14, 1993
Page 866
WHEREAS, the Federal Highway Administration and the Federal
Transit Administration (in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991) intend to fund the same
designated metropolitan planning organization in each metropolitan area:
and
WHEREAS, the Federal Aviation Administration intends to consider
the Metropoitan Planning Organization for the receipt of airport system
planning funds under Section 13 of the Airport and Airway Development
Act of 1970 as amended; and
WHEREAS, the Governor of the State of Texas has delegated to the
Texas Transportation Commission the powers and responsibilities of the
State to act in this matter; and
WHEREAS, it is the desire of the parties that urban transportation
planning be integrated to the maximum extent possible with other area -
wide planning in the metropolitan area (as depicted in "Attachment A");
and
WHEREAS, the successful implementation of urban transportation
planning requires the assistance and concurrence of local governments in
the metropolitan area:
NOW, THEREFORE, it is hereby agreed that the use of funds made
available under the Intermodal Surface Transportation Efficiency Act of
1991 shall be governed by the organization and responsibilities as set
out in the following paragraphs:
Organization
A. The Policy Advisory Committee of the Lubbock Urban
Transportation Study is hereby designated pursuant to
Section 134 of Chapter 1 of Title 23 U.S.C. to provide
policy guidance and direction for Transportation Planning in
the Lubbock urbanized area.
B. The City of Lubbock is hereby designated as a Metropolitan
Planning Organization to perform fiscal, administrative and
technical functions as directed by the Policy Advisory
Committee. These functions shall include, but are not
limited to:
Developing or coordinating the development of a multi -
modal transportation planning process as required by
state and federal law or regulations.
2. Preparing a Unified Work Program which would specify
the use of state and federal transportation planning
funds, and submitting the Unified Work Program for
approval by the Policy Advisory Committee of the
Lubbock Urban Transportation Study.
3. Ensuring that transportation planning in the urbanized
area is successful, coordinated and integrated with
other comprehensive planning in the State Planning
Region.
II. This agreement shall in no way establish any activity or process
that would infringe upon or interfere with the statutory
obligations of the Texas Department of Transportation.
October 14, 1993
Page 867
III. The Metropolitan Planning Organization will contract with the
Texas Department of Transportation for state and federal planning
funds. The expense involved in urban transportation planning will
be assumed by the Metropolitan Planning Organization or agencies
with which the Metropolitan Planning Organization has
subcontracted to accomplish work identified in the approved
Unified Work Program or plan for the use of state and federal
planning funds. Vouchers for completed work under the annual
Unified Work program or plan utilizing said funds will be audited
and approved by the Texas Department of Transportation according
to federal and state requirements. Reimbursement will be made on a
periodic basis.
IV. This agreement may be renegotiated as necessary to meet changing
conditions or terminated by either part upon thirty (30) days
notice.
V. This agreement will remain in full force and effect until such
time as the CITY OF LUBBOCK is no longer designated to perform the
functions provided for in this agreement or unless terminated as
provided in Paragraph IV above.
IN WITNESS WHEREOF, the Parties have hereunto affixed their
signatures on the dates indicated.
Party of the First Part Party of the Second Part
STATE OF TEXAS METROPOLITAN PLANNING
ORGANIZATION
By:
Executive Director
Authority of Commission
Minute Order
By:/s/ Alton Brazell
Chairman
Policy Advisory Committee
Date: Date:
CITY OF LUBBOCK
By:/s/ David R. Langston
David R. Langston, Mayor
Date: October 14, 1993
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman
Director of Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
Assistant City Attorney
October 14, 1993
Page 868
93-52B-868-718
(35.)
Section 134, Title 23 United States Code requires
that the Governor of each state designate
Metropolitan Planning Organizations (MPO's) in each
urbanized area greater than 50,000 in population.
The MPO is responsible for conducting all
transportation planning activities as required by
the United States Department of Transportation for
eligibility of federal highway funds. In 1976 the
Governor designated the Steering Committee as the
MPO for the Lubbock Urbanized Area. The MPO office
was then located at the Texas Department of
Transportation District Office. In February 1993
the MPO office was moved to the City and a request
was made to the Policy Advisory Committee to
transfer the MPO designation to the City. This
would allow for easier administrative handling of
the MPO process (i.e. contracts, billings,
transportation studies).
At a meeting on May 25, 1993, the Policy Advisory
Committee approved redesignating the Metropolitan
Planning Organization technical activities to the
City of Lubbock. Voting members of the Policy
Advisory Committee at the time the redesignation was
passed were:
Alton Brazell, Chairman, County Commissioner
Maggie Trejo, Vice -Chairman, City Councilwoman
Randy Neugebauer, City Councilmember
Bob Cass, Acting City Manager
Don McBeath, County Judge
William M. Pope, District Engineer, TxDOT
The Policy Advisory Committee will remain as the
committee to provide overall guidance for the MPO as
required by federal law. Staff recommended approval
by the City Council authorizing the Mayor to execute
this contract.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4281 as recommended by staff. Motion carried: 4
Yeas; 0 Nays--Councilmember Patterson absent from
the Council Chambers.
ORDINANCE #9658
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND
UTILITY EASEMENT LOCATED ON LOT 1, METHODIST HOSPITAL ADDITION TO 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 ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes the north three
feet of a 20-foot underground utility easement near
the southeast corner of Lot 1, Methodist Hospital
Addition. This 20-foot easement was dedicated by
Methodist and this three-foot portion of it is being
closed by them for building purposes. The $150
application fee has been paid and all utilities are
in agreement. The Right -of -Way Department
recommended the closure of this easement.
October 14, 1993
Page 869
93-52B-869-719
(36.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9658 as recommended by staff. Motion
carried: 5 Yeas: 0 Nays.
ORDINANCE #9659
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY LOCATED
ADJACENT TO LOT 12, BLOCK 25, CARTER-COFFEY ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED
HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 20-foot by
128-foot alley portion north of East Queens Street
and just east of Ash Avenue in Block 25, Carter -
Coffey Addition. This alley is being closed by
Emmanuel Baptist Church for expansion purposes. The
area being closed will remain as a utility easement
which will satisfy all utilities. The Right -of -Way
Department has placed a value of 7.9� per sq. ft.
(taken from the Lubbock Central Appraisal District)
on this alley area being closed. Therefore, 7.9� x
2,560 sq. ft. _ $202.86. Since the area will remain
as an easement and cannot be built over, the Right -
of -Way Department valued this area at 50 percent of
$202.86, or $101.43 due the City. The Right -of -Way
Department recommended the first reading of this
ordinance.
Motion was made by Councilmember Patterson, seconded
by Councilmember Hernandez to pass on first reading
Ordinance #9659 as recommended by staff. Motion
carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 870
93-52B-870-720
(37.)
RESOLUTION #4282
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
amendment to Lease No. 060LBF003 by and between the City of Lubbock and
The United States of America, which lease is 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony Williams
Anthony J. Williams, Assistant City
Attorney
A copy of the Supplemental Lease Agreement is filed with Resolution No.
4282.
The National Weather Service (NWS), a division of
the U.S. Department of Commerce's National Oceanic
and Atmospheric Administration (NOAA), currently
occupies office space in the Executive Terminal on
the east ramp of the Airport. The NWS is requesting
that its current agreement be extended by six months
with an additional six-month option. This agreement
would extend the term of the original agreement to
March 31, 1994 and the option to September 30, 1994.
The NWS currently pays rent of $831.48 per month for
this office space. It is anticipated that during
this extension period the NWS will move its
operation to the new space it has leased in the
Science Spectrum Building. A current airport tenant
has expressed interest in the space now occupied by
the NWS once they have vacated. Although the NWS is
locating offices at the Science Spectrum, it intends
to maintain its radar and other instruments on
airport property. In their July 21 meeting, the
Airport Board unanimously recommended this item to
the City Council for approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4282 as recommended by the Airport Board and City
staff. Motion carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 871
93-52B-871-721
(38.)
RESOLUTION #4283
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a lease
for office space in the Old Airport Terminal Building by and between the
City of Lubbock and ABX Air, Inc., which lease is 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony J. Williams
Anthony J. Williams, Assistant City
Attorney
A copy of the Lease for Office Splace between the City of Lubbock and
ABX Air. Inc., is filed with Resolution No. 4283.
ABX Air, Inc, the airline division of Airborne
Express, is interested in securing a small office in
the old terminal complex on the Airport's west side.
Airborne Express currently operates its hubbing
operation on the ramp next to the old terminal
complex. ABX needs a small office for their
aircraft maintenance technician to operate from and
an area for their pilots to prepare for the next
flight while their freight is being handled.
The office space is located near their ramp in an
area that is currently unoccupied and therefore will
create new revenue. The space is approximately 200
square feet leased at a rate of $5.05 per foot per
year or $92.58 per month. This rate is also tied to
Consumer Price Index adjustments.
This agreement also addresses the rate charged for
landing fees which, for short-term agreements (less
than three years), are set at the rate of $.625 per
1,000 pounds of landed weight. Airborne paid the
airport a total of $32,179.18 in 1992 in landing fee
charges. In their June 16 meeting, the Airport
Board unanimously recommended this to the City
Council for approval.
October 14, 1993
Page 872
93-52B-872-722
(39.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4283 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
RESOLUTION #4284
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 a document consenting to the assignment of a
Fixed Base Operator Agreement by Aviation Properties to Abilene Aero,
Inc., the encumbering of the Assignee's leasehold interest, and the
subordination of the City's liens on such property, and a document
consenting to the encumbrance of a leasehold interest and the
subordination of the City's liens on property previously assigned to
Abilene Aero by Texas Air Center, Inc., which documents are attached
hereto and incorporated herein by reference, and 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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
October 14, 1993
Page 873
CONSENT TO ASSIGNMENT AND ENCUMBRANCE
AND SUBORDINATION
The undersigned, CITY OF LUBBOCK, TEXAS, (hereinafter called
"City") hereby consents to the assignment by AVIATION PROPERTIES
(hereinafter called "Aviation") to ABILENE AERO, INC. (hereafter called
"Aero") of a certain Fixed Base Operator Agreement dated April 1, 1976,
between City of Lubbock and Wes -Tex Aircraft, Inc., said Agreement
covering property situated at Lubbock International Airport, Lubbock
County, Texas, as is more particularly described in said Fixed Base
Operator Agreement.
Further, City consents to Aero's encumbering Aero's leasehold
interest and Aero's improvements and personal property thereon to First
National Bank of Abilene, Abilene, Texas (hereafter called "Lender"),
its successors and assigns, by Deed of Trust, mortgage, or other
security interest; and City subordinates City's landlord's lien and any
statutory preference lien in favor of the lien obtained by Lender;
provided, however, that this Consent and Subordination shall not in any
way constitute a lien on the fee title of City.
Further, nothing contained herein shall be construed to permit a
lien in favor of Lender on the City -owned brick hangar situated on the
leased premises.
DATED this 14th day of October, 1993.
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
CONSENT TO ENCUMBRANCE
AND SUBORDINATION
WHEREAS, Abilene Aero, Inc. (hereafter called "Aero") has
succeeded to the rights of Texas Air Center, Inc., by virtue of an
assignment dated June 25, 1990, covering certain property situated at
Lubbock International Airport, Lubbock County, Texas, a true copy of
such assignment, together with a legal description of the property,
being attached hereto and made a part hereof as EXHIBIT A; and
WHEREAS, Aero has requested the City of Lubbock, Texas, (hereafter
called "City") to approve the encumbrance of its leasehold interest and
improvements and personal property situated thereon to its lender, FIRST
NATIONAL BANK OF ABILENE, ABILENE, TEXAS (hereafter called "Lender");
and
WHEREAS, Aero has requested that the City subordinate its
landlord's lien and any statutory preference lien in favor of the lien
to be obtained by Lender; and
WHEREAS, it has been determined that it would be in the best
interest of the City to approve such encumbrance and subordination;
October 14, 1993
Page 874
NOW THEREFORE, in consideration of the premises, City consents to
Aero encumbering Aero's leasehold interest as described in EXHIBIT A and
Aero's improvements and personal property situated thereon to Lender,
its successors and assigns, by Deed of Trust, mortgage, or other
security interest: and City subordinates City's landlord's lien and any
statutory preference lien in favor of the lien obtained by Lender;
provided, however, that this Consent and Subordination shall not in any
way constitute a lien on the fee title of City or on any City -owned
structures or other improvements that might be situated on the leased
premises.
DATED this 14th day of October, 1993.
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Lubbock Aero, located on the west side of the
airport in two locations, is the operating name for
Abilene Aero, Inc. of Abilene, Texas. In 1990,
Abilene Aero, Inc. took over the operations of Texas
Air Center, Inc., the Fixed Base Operator (FBO) in
Lubbock Aero's main location. In 1992 Abilene Aero,
Inc. took over the operations of Wes -Tex Aircraft,
Inc., giving them their second location in the west
district.
Abilene Aero, Inc. is in the process of
restructuring its financial arrangements; the
financial institution involved is the First National
Bank of Abilene. Abilene Aero requested that the
City of Lubbock execute two documents that recognize
the First National Bank of Abilene as a lienholder
in the properties of Abilene Aero, Inc. located on
airport land and to subordinate its landlord
position to that lien. This is a common consent
that the City as landlord grants to financing
entities of leasehold improvements. The properties
leased by Abilene Aero consist of approximately
383,000 square feet of ground plus one brick hangar
of approximately 13,440 square feet for a total
annual rent of $45,527. In their September 15
meeting, the Airport Board unanimously recommended
this item to the City Council for approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4284 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
October 14, 1993
Page 875
93-52B-875-723
(40.)
Inc.
RESOLUTION #4285
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
Consent to Sublease of the Restaurant Concession Agreement by and
between the City of Lubbock and Gladieux Corporation to Host Services,
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 14th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Consent to Sublease of the Restaurant Concession Agrement
by and between the City of Lubbock and Gladieux Corporation to Host
Services, Inc., is filed with Resolution No. 4285.
In October 1975, the City executed a Restaurant
Concession Agreement with Gladieux Food Services,
Inc. (now Gladieux Corporation), for the operation
of the concessions at the Lubbock International
Airport.
Gladieux Corporation is a subsidiary of Marriott
Corporation. Marriott Corporation is currently
restructuring and wants to have one company called
Host Services, Inc. to be in charge of all their
alcoholic beverage sales, with Gladieux Corporation
in charge of their food and restaurant services.
The Consent to Assign is merely for the convenience
of Marriott Corporation and Gladieux will remain
liable for the full faithful completion and
performance of its Concession Agreement, and Host
will be bound by the terms of said Concession
Agreement. Staff recommended approval of this
Assignment.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution
#4285 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
October 14, 1993
Page 876
93-52B-876-724
(41.)
RESOLUTION #4286
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Interlocal Agreement for Municipal Solid Waste Collection and Disposal
by and between the City of Lubbock and the City of Wolfforth, 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 14th day of October, 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 Ramirez
Lee Ramirez,
Solid Waste Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
A copy of the Interlocal Agreement for Municipal Solid Waste Collection
and Disposal by and between the City of Lubbock and the City of
Wolfforth is filed with Resolution No. 4286.
Lubbock Solid Waste Management staff met with
Frankie Pittman, City Administrator/Secretary for
the City of Wolfforth, on July 30, 1993 to discuss
Wolfforth's municipal solid waste management needs.
Ms. Pittman was concerned about the ability of
Wolfforth's collection equipment to make daily trips
to the City of Lubbock Landfill.
At Ms. Pittman's request, Lubbock Solid Waste
submitted a proposal on August 2, 1993, for
municipal solid waste collection and disposal
services to be provided to the City of Wolfforth by
Lubbock Solid Waste. The Wolfforth City Council
accepted the proposal.
October 14, 1993
Page 877
93-52B-877-725
(42.)
The agreement calls for twice a week residential
service for $11.50 per residence per month and twice
a week commercial service for $37 per month. Solid
Waste will also provide a drop-off for blue bag
recycling at a cost of $300 per month, with Solid
Waste retaining any revenue generated from the
selling of the commodities. Altogether, this
agreement will generate approximately $129,252 in
revenue for the Lubbock Solid Waste. Expenses are
projected at $95,175 and net profit is estimated to
be $34,077.00. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4286
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
ORDINANCE #9660
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 1993"; SPECIFYING THE TERMS AND
FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT
AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
AND PROVIDING AN EFFECTIVE DATE.
On September 9, 1993, City Council passed
resolutions approving and authorizing publication of
Notices of Sale, Notice of Public Hearing and
Notices of Intention to issue Certificates and
General Obligation Bonds for the following purposes
and in the following amounts:
Street Improvements
$ 9,204,000
Library Facilities
100,000
Park Improvements
2,350,000
Coliseum Improvements
3,585,000
Animal Control Facilities
500,000
Waterworks System
Improvements
1,641,000
Sewer System Improvement
1,835,000
General Obligation Bonds
19,215,000
(excluding Airport)
Airport General Obligation Bonds
2,550,000
Total General Obligation Bonds
$ 21,765,000
Airport Certificates of Obligation
3,625,000
Civic Center & Streets CO's
1,470,000
Certificates of Obligation
$ 5,095,000
Total Bonds & Certificates
$26,860,000
This ordinance relates to the funding of $19,215,000
of General Obligation Bonds, and passage of this
ordinance would approve the issuance of these bonds.
Staff recommended approval of this ordinance.
October 14, 1993
Page 878
93-52B-878-726
(43.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to pass on first reading
Ordinance #9660 and that the bid for $26,860,000 in
General Obligation Bonds, Series 1993, be awarded to
be awarded to Kidder Peabody and Co.,/Southwest
Securities, Inc. at the best bid price of 4.746506
percent effective interest rate. Motion carried: 5
Yeas: 0 Nays.
ORDINANCE #9661
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF
OBLIGATION, SERIES 1993"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PROVIDING FOR A LIMITED PLEGDE OF THE NET
REVENUES OF THE CITY'S WATERWORKS SYSTEM FOR THE PAYMENT OF SAID
CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,
SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE
APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND
DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING
AN EFFECTIVE DATE. '
On September 9, 1993, City Council passed
resolutions approving and authorizing publication of
Notices of Sale, Notice of Public Hearing and
Notices of Intention to issue Certificates and
General Obligation Bonds for the following purposes
and in the following amounts:
Street Improvements
$
9,204,000
Library Facilities
100,000
Park Improvement
2,350,000
Coliseum Improvements
3,585,000
Animal Control Facilities
500,000
Waterworks System Improvements
1,641,000
Sewer System Improvements
1,835,000
General Obligation Bonds
19,215,000
(excluding Airport)
Airport General Obligation Bonds
2,550,000
Total General Obligation Bonds
$
21,765,000
Airport Certificates of Obligation
3,625,000
Civic Center & Streets CO's
1,470,000
Certificates of Obligation
$
5,095,000
Total Bonds & Certificates
$
26,860,000
October 14, 1993
Page 879
93-52B-879-727
(44.)
This ordinance relates to the funding of $1,470,000
of Certificates of Obligation to comply with
Americans with Disabilities Act improvements for
accessibility. The passage of this ordinance would
authorize the issuance of these Certificates of
Obligation. Staff recommended approval of this
ordinance.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to pass on first reading
Ordinance #9661 and that the bid for $26,860,000 in
Tax and Waterworks System (Limited Pledge) Revenue
Certificates of Obligation, Series 1993, be awarded
to Southwest Securities/Kidder Peabody and Co., Inc.
at the best bid price of 4.8293 percent effective
interest rate. Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9662
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
AIRPORT GENERAL OBLIGATION BONDS, SERIES 1993", SPECIFYING THE TERMS AND
FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT
AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
ND PROVIDING AN EFFECTIVE DATE.
On September 9, 1993, City Council passed
resolutions approving and authorizing publication of
Notices of Sale, Notice of Public Hearing and
Notices of Intention to issue Certificates and
General Obligation Bonds for the following purposes
and in the following amounts:
Street Improvements
$ 9,204,000
Library Facilities
100,000
Park Improvements
2,350,000
Coliseum Improvements
3,585,000
Animal Control Facilities
500,000
Waterworks System Improvements
1,641,000
Sewer System Improvements
1,835,000
General Obligation Bonds
19,215,000
(excluding Airport)
Airport General Obligation Bonds
2,550,000
Total General Obligation Bonds
$ 21,765,000
Airport Certificates of Obligation
3,625,000
Civic Center & Streets CO's
1,470,000
Certificates of Obligation
$ 5,095,000
Total Bonds & Certificates $ 26,860,000
October 14, 1993
Page 880
93-52B-880-728
(45.)
This ordinance relates to the funding of $2,550,000
of Airport General Obligation Bonds. The passage of
this ordinance would authorize the issuance of these
Bonds. Staff recommended approval of this
ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9662 and that the bid for Airport General
Obligation Bonds, Series 1993, be awarded to
Southwest Securities/Kidder Peabody and Co., Inc. at
the best bid price of 4.983874 percent effective
interest rate. Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9663
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES
1993"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY
AND PROVIDING FOR A PLEDGE OF THE SURPLUS REVENUES OF THE CITY'S AIRPORT
FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS
OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO
THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES,,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
AND PROVIDING AN EFFECTIVE DATE.
On September 9, 1993, City Council passed
resolutions approving and authorizing publication of
Notices of Sale, Notice of Public Hearing and
Notices of Intention to issue Certificates and
General Obligation Bonds for the following purposes
and in the following amounts:
Street Improvements
$ 9,204,000
Library Facilities
100,000
Park Improvements
2,350,000
Coliseum Improvements
3,585,000
Animal Control Facilities
500,000
Waterworks System Improvements
1,641,000
Sewer System Improvements
1,835,000
General Obligation Bonds
19,215,000
(excluding Airport)
Airport General Obligation Bonds
2,550,000
Total General Obligation Bonds
$ 21,765,000
Airport Certificates of Obligation
3,625,000
Civic Center & Streets CO's
1,470,000
Certificates of Obligation
$ 5,095,000
Total Bonds & Certificates $ 26,860,000
October 14, 1993
Page 881
93-52B-881-729
(46.)
This ordinance relates to the $3,625,000 of Airport
Certificates of Obligation to purchase an airport
hangar and to make improvements to the freight
development area of the Airport. The passage of
this ordinance would authorize the issuance of these
Certificates. Staff recommended approval of this
ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9663 and that the bid for Tax and Airport
Surplus Revenue Certificates of Obligation, Series
1993, be awarded to Southwest Securities/Kidder
Peabody and Co., Inc. at the best bid price of
4.9801 percent effective interest rate. Motion
carried: 5 Yeas: 0 Nays.
RESOLUTION #4287
WHEREAS, the City Council of the City of Lubbock heretofore on
February 18, 1993, enacted Ordinance No. 9591, which created two
enterprise zones within the City of Lubbock: and
WHEREAS, such ordinance provided for certain tax and other local
incentives to be available within such enterprise zones which are not
available generally throughout the City of Lubbock: and
WHEREAS, the City Council of the City of Lubbock hereby adopts
certain guidelines and criteria for application to such local incentives
within said enterprise zones; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves and
adopts guidelines and criteria for the application of the following
named local incentives within designated City of Lubbock Enterprise
Zones which guidelines and criteria are attached hereto as Exhibits A
through D and are made a part hereof for all intents and purposes.
A) Guidelines and Criteria Governing Tax Abatement for
Commercial Projects in Designated Enterprise Zones in
the City of Lubbock.
B) Sales Tax Refund on Local Purchases for Enterprise
Zone Employers.
C) Qualified Job Creation Sales Tax Refund in Designated
Enterprise Zones.
D) Refund of Building Permit Fees for Businesses located
in Designated Enterprise Zones.
October 14, 1993
Page 882
Additional local incentives may be added or deleted by the governing
body during the life of the enterprise zones as required to obtain the
best possible mix of incentives to insure the success of the enterprise
zone program.
Passed by the City Council this 14th day of October, 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
Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
RESOLUTION
WHEREAS, a joint committee composed of members of the Lubbock
County Commissioners Court, Lubbock Independent School District and the
Lubbock City Council was formed in August, 1992, to evaluate the
potential of enterprise zone creation in Lubbock, Texas; and
WHEREAS, there have been created two enterprise zones within the
Lubbock County; and
WHEREAS, the joint committee has recommended a proposed set of
incentives to spur investment in the proposed enterprise zones; and
WHEREAS, such zones provide for certain tax and other local
incentives to be available within such enterprise zones which are not
available generally throughout the Lubbock County; and
WHEREAS, the Board of Trustees of Lubbock Independent School
District hereby approve certain guidelines and criteria for application
to such local incentives within said enterprise zones; NOW THEREFORE:
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL
DISTRICT:
THAT the Board of Trustees of Lubbock Independent School District
hereby approve the attached uniform guidelines and criteria for the
application of the local incentives within designated Enterprise Zones
which guidelines and criteria are attached hereto as Exhibits A through
D and are made a part hereof for all intents and purposes.
October 14, 1993
Page 883
Additional local incentives may be added or deleted as needed
during the life of the enterprise zones as required to obtain the best
possible mix of incentives to insure the success of the enterprise zone
program.
Passed by the Board of Trustees of Lubbock Independent School District
this 4th day of October, 1993.
ATTEST:
/s/ Name Not Legible
Secretary
RESOLUTION
/s/ Roy T. Grimes
ROY B. GRIMES, PRESIDENT
WHEREAS, a joint committee composed of members of the Lubbock
County Commissioners Court, Lubbock Independent School District and the
Lubbock City Council was formed in August, 1992, to evaluate the
potential of enterprise zone creation in Lubbock, Texas; and
WHEREAS, there have been created two enterprise zones within the
Lubbock County; and
WHEREAS, the joint committee has recommended a proposed set of
incentives to spur investment in the proposed enterprise zones; and
WHEREAS, such zones provide for certain tax and other local
incentives to be available within such enterprise zones which are not
available generally throughout the Lubbock County; and
WHEREAS, the County Commissioners of the Lubbock County hereby
approve certain guidelines and criteria for application to such local
incentives within said enterprise zones; NOW THEREFORE:
BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY:
THAT the County Commissioners of the Lubbock County hereby approve,
the attached uniform guidelines and criteria for the application of the
local incentives within designated Enterprise Zones which guidelines and
criteria are attached hereto as Exhibits A through D and are made a part
hereof for all intents and purposes.
Additional local incentives may be added or deleted as needed
during the life of the enterprise zones as required to obtain the best
possible mix of incentives to insure the success of the enterprise zone
program.
Passed by the Lubbock County Commissioners Court this 11th day of
October, 1993.
/s/ Don McBeath
DON MCBEATH, COUNTY JUDGE
ATTEST:
/s/ Ann Davidson
Secretary
October 14, 1993
Page 884
On February 18, 1993, the City Council created two
enterprise zones within the City of Lubbock. These
zones provided for certain incentives to be
available within the enterprise zones that are not
available throughout the City of Lubbock. After
months of careful evaluation, the enterprise zone
incentive committee chaired by Councilman Randy
Neugebauer recommended to the Council the following
criteria and guidelines for local incentives within
the enterprise zones.
1. Commercial tax abatement (applies in
enterprise zones only).
Eligible uses are: commercial facilities
classified as office, service or retail.
Types of uses which may be abated:
Improvements made as a part of the
construction, expansion or renovation of a
new or existing facility.
Economic criteria for eligibility are:
No dollar amounts are specifically
required. Company constructing, expanding
or renovating a facility must create at
least five new jobs.
Term and amount of abatement are:
Term is up to five years as determined by
negotiation. Amount is up to 100 percent
of the value of improvements as determined
by negotiation.
2. Sales tax refund on local purchases.
Criteria are:
Business must be located in a designated
enterprise zone.
Business must have 25 percent of its
workforce made up of zone residents.
Business must complete and submit an
application and supporting material to
claim refund. Only locally made purchases
are eligible for refund.
Eligible purchases are:
Office equipment, office furnishings, and
building materials.
Term and amount of refund are:
Year one, 100 percent of locally purchased
eligible materials. Year two, 50 percent
of locally purchased eligible materials;
year three, 50 percent of locally
purchased eligible materials.
October 14, 1993
Page 885
3. Sales tax refund on employment of
zone residents. Criteria are:
Business must be located in a designated
enterprise zone.
Twenty-five percent or more of the
businesses' workforce must be composed of
zone residents.
Business must prove residency and full-
time status of employees on application
for refund.
Eligibility:
Any type of business entering or located
within a designated enterprise zone which
constructs or renovates facilities and
hires new employees.
Term and amount of refund are:
Two -hundred fifty ($250) dollars per full-
time employee who is a zone resident.
Maximum of $2,500 to any one business.
Available to businesses when they reach
required employment of zone residents.
4. Refund of building permit fees to
businesses in an enterprise zone.
Criteria are:
Business must be located in a designated
enterprise zone.
Business must have employed at least ten
zone residents for one year.
Application for refund must be made within
three years of issuance of building
permit.
Eligibility:
Any type of business.
Term and amount of refund are:
Full refund of building permit fee paid to
City when constructing, remodeling or
expanding facilities in a designated
enterprise zone. Must be applied for
within three years of issuance of permit.
This proposed set of criteria and guidelines is the
result of the Enterprise Zone committee's work on
zone incentives. The committee worked on the
project for approximately one year, and accomplished
the designation of two zones located in the City of
Lubbock as well as the incentive proposals.
The criteria and guidelines for zones' specific
incentives were discussed in two public hearings,
and adjusted as necessary. The committee now
requests that Council review these incentives for
formal adoption. The City staff recommended
adoption of the Enterprise Zone Incentive
guidelines.
October 14, 1993
Page 886
93-52B-886-730
(47.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4287 as recommended by staff. Motion carried: 4
Yeas; 0 Nays: 1 Recused--Councilmember Patterson.
RESOLUTION #4288
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN A TAX ABATEMENT PROGRAM IN
ACCORD WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT AND
ADOPTING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR ALL TAXING
UNITS CONTAINED WITHIN LUBBOCK COUNTY.
WHEREAS, the City of Lubbock, Texas, is committed to the promotion
of high quality economic development in all parts of Lubbock County,
Texas and to an ongoing improvement in quality of life for the citizens
residing within Lubbock County;
WHEREAS, the City of Lubbock recognizes that these objectives are
generally served by enhancement and expansion of the local economy;
WHEREAS, the City of Lubbock herewith determines that it is in the
best interest of the citizens and economic development of the City of
Lubbock to give consideration to providing tax abatement, as authorized
by V.T.C.A. Tax Code, Sec. 312.001 through 312.4011, as stimulation for
economic development within the City of Lubbock;
WHEREAS, the promotion of economic development in the City of
Lubbock is strongly desired by the City Council;
WHEREAS, the amended Property Redevelopment and Tax Abatement Act
allows for the creation of tax abatement zones to local criteria; and,
WHEREAS, the creation of tax abatement zones in the City of
Lubbock and its extraterritorial jurisdiction can lead to future
economic development by encouraging investment and creating jobs;
October 14, 1993
Page 887
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS,
That the City of Lubbock elects to participate in a tax abatement
program as authorized by the Property Redevelopment and Tax Abatement
Act and to that end herewith adopts the attached GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED WITHIN LUBBOCK
COUNTY, a copy of which is attached hereto as Exhibit "A" and made a
part hereof by reference.
PASSED AND APPROVED this 14th day of October, 1993.
CITY OF LUBBOCK, 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/ Rod Eillis
Rod Ellis, Director of Business
Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The various taxing jurisdictions in Lubbock County
began working in November 1992 on a review of the
guidelines that were adopted by all jurisdictions in
1991. Under state law, a review of the tax
abatement guidelines is required every two years.
During this review, the review committee has
conducted numerous meetings, held two public
hearings, and received correspondence from several
cities and the County Attorney with regard to the
proposed guidelines. A number of changes to the
text or intent of the guidelines was recommended,
and most of these were very minor. All of the
recommended changes which did not require
legislative action have been addressed. Following
is a summary of the revised tax abatement
guidelines.
Industrial tax abatement (applies
throughout Lubbock County).
Eligible uses are:
manufacturing, research, regional
service, distribution, and other
basic industry facilities.
October 14, 1993
Page 888
Types of uses which may be abated
are:
improvements made as a part of the
construction, modernization, or
expansion of a new or existing
facility. Tangible personal
property make a part of a new,
expanded, or modernized facility.
Economic criteria for eligibility
are:
New: One -million dollar investment
and ten jobs or a minimum of 25 new
jobs.
Expansion: $500,000 investment and
create or retain ten percent of the
permanent full-time jobs of the
prior workforce, or an increase in
workforce of 25 percent.
Modernization: One million dollars
and ten new jobs or an increase in
workforce of 25 percent.
Term and amount of abatement are:
Term is up to ten years as
determined by negotiation between
governing body and applicant.
Amount is up to 100 percent of the
value of improvements as determined
by negotiation between governing
body and applicant.
The staff recommended Council adoption of the
guidelines.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4288 as recommended by staff. Motion carried: 4
Yeas; 0 Nays--Councilmember Patterson absent from
the Council Chambers.
93-52B-888-731
(49.)
October 14, 1993
Page 889
93-52B-889-732
(50.) 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-889-733
(51.)
93-52B-889-734
(52.)
93-52B-889-735
(53.)
Keep Lubbock Beautiful Advisory Committee
Urban Design and Historical Preservation
Committee
Planning and Zoning Commission
Community Services Commission
Lubbock Regional Mental Health and Mental
Retardation Center Public Responsibility
Committee
Airport Board
Civic Centers Board
Lubbock Regional Mental Health and Mental
Retardation Center Board of Trustees
South Plains Association of Governments
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to hold making one
appointment to the Keep Lubbock Beautiful Committee.
Motion carried: 5 Yeas; 0 Nays.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Paul Nash to
the Urban Design and Historical Preservation
Committee. Motion carried: 5 Yeas; 0 Nays.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to reappoint Mollie
Irvin, Wendell Davis, and James Pipkin, and to
appoint Ramon Gallegos and Abby Quinn to the
Planning and Zoning Commission. Motion carried: 5
Yeas; 0 Nays.
October 14, 1993
Page 890
93-52B-890-736
(54.)
93-52B-890-737
(55.)
93-52B-890-738
(56.)
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Lucy White to
the Community Services Commission. Motion carried:
5 Yeas; 0 Nays.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to hold making one
appointment to the Lubbock Mental Health and Mental
Retardation Center Public Responsibility Committee.
Motion carried: 5 Yeas; 0 Nays.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Mike Thomas to
the Airport Board. Motion carried: 5 Yeas; 0 Nays.
93-52B-890-739
(57.) Consid
93-52B-890-740
(58.)
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Darlyne
Chatman to the Civic Centers Board. Motion carried:
5 Yeas; 0 Nays.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Bill Leavell
to the Lubbock Regional Mental Health and Mental
Retardation Center Board of Trustees. Motion
carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 891
93-52B-891-741
(59.) Consider one appointment to the SPAG Board of
Directors.
The City of Lubbock appoints elected officials to
represent the City on two SPAG Boards:
1. Four representatives on the SPAG
Board of Directors which meets
monthly on the second Tuesday of
each month.
2. Five delegates to the General
Assembly which meets once a year in
September.
Councilmembers appointed to the SPAG Board of
Directors are:
Mayor David Langston
Councilmember Bud Aderton
Councilmember Max Ince
Councilmember T.J. Patterson
Councilmember Ince has resigned his appointment and
Councilmember Hernandez has agreed to fill that
vacancy. Formal Council approval is necessary.
These same four people represent the City at the
General Assembly; however, the City needs to
designate one additional delegate to the General
Assembly.
` Motion was made by Councilmember Hernandez, seconded
by Councilmember Patterson to appoint Victor
Hernandez to the SPAG Board of Directors. Motion
carried: 5 Yeas; 0 Nays.
93-52B-891-742
(48.)
RESOLUTION #4289
WHEREAS, there has been enacted in the State of Texas an Act
relating to ad valorem taxation of property (S.B. 621), and this Act
applies to and is controlling on the City of Lubbock. Texas, as a taxing
unit; and
WHEREAS, there is created under the provisions of this Act, a
Board of Directors to govern the Appraisal District established by the
Act. The City of Lubbock is desirous of nominating candidates to be
placed on the ballot for election to this Board of Directors upon the
next election as provided by this Act.
October 14, 1993
Page 892
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following persons are nominated by the governing body of
the City of Lubbock as candidates for positions on the Board of
Directors of the Appraisal District created for the County of Lubbock,
and that the names of these candidates be submitted to the Chief
Appraiser of the Appraisal District by the Mayor to be placed on the
ballot for election to such positions at the next election for such
purpose.
RICHARD SPIKES GENE EHLER
Passed by the City Council this 14th day of October, 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
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Every two years, according to the Texas Property Tax
Code, it is necessary to elect board members for the
Central Appraisal District. The Council is required
to take two actions on this procedure. First,
before October 15, the City Council must submit its
nominees to the Chief Appraiser of the Appraisal
District. Then, before November 15, the City
Council must vote on the slate of candidates. Staff
provided Council with a description of this
procedure and a schedule of votes available to each
participating jurisdiction. The City Council,
according to this vote schedule, is eligible to vote
2,124 votes. There is a total of 5,000 votes
possible from all jurisdictions.
Staff contacted Richard Spikes and Gene Ehler and
determined that they are both interested in serving.
Staff recommended approval of the resolution
nominating them to serve for two-year terms.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution
#4289 nominating Richard Spikes and Gene Ehler to
the Lubbock Central Appraisal District. Motion
carried: 5 Yeas; 0 Nays.
October 14, 1993
Page 893
There being no further business to c
by Councilmember Patterson, seconde by Coun
the meeting at 2:21 p.m. Motion ca ried ; 5
ATTEST:
etty o son,City Secretary
Read and approved this the 28th day i
ATTEST:
&1,— )A ��L
Betty `M.'Johns6fi, City Secretary
Council, motion was made
member--Cge4 to adjourn
a s ; N a �--�