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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 �--�