HomeMy WebLinkAboutMinutes - City Council - Regular - 10/28/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 28, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 28th 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 10:05 A.M.
( 1.) The Invocation was given by Robert Massengale,
Assistant City Manager for Financial Services.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
93-52B-895-743
( 4.)
Connie Robinson requested a loudspeaker permit on
behalf of the Bellaire Baptist Church for a church
carnival to be held Sunday, October 31, 1993, from
5:30 p.m. to 7:30 p.m. The event will take place at
5514 West 34th Street. All residents in the area
were petitioned, and all approved the event.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve the request of
Bellaire Baptist Church for a loudspeaker permit for
October 31, 1993. Motion carried: 5 Yeas; 0 Nays.
( 5.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the minutes of the
October 14, 1993 Regular City Council Meeting and
the October 15, 1993 Special City Council Meeting as
written. Motion carried: 5 Yeas; 0 Nays.
October 28, 1993
Page 896
93-52B-896-744
( 7.)
RESOLUTION #4290
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Lots 836-867, Lakeridge Country Club Estates Addition made arrangements
with Williams & Peters Construction Company, Inc. for the construction
of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Code prior to the recording of
the subdivision plat for the above -mentioned Addition including the
following streets:
York Avenue from 7.00 feet South of the alley South of 94th
Street to the North lip line of 95th Street, known and
designated as New Subdivision Sub -Unit Number 11 of Unit
Number 2035.
York Avenue from the South lip line of 95th Street to the
cul-de-sac South of 95th Street, known and designated as New
Subdivision Sub -Unit Number 12 of Unit Number 2035.
Winston Avenue from the South lip line of 95th Street to
7.00 feet North of the alley South of 95th Street, known and
designated as New Subdivision Sub -Unit Number 13 of Unit
Number 2035.
North half of 96th Street from the West End of radius of the
intersection of 96th Street and Winston Avenue to 7.00 feet
West of the alley West of York Avenue, known and designated
as New Subdivision Sub -Unit Number 14 of Unit Number 2035.
95th Street from the cul-de-sac West of York Avenue to the
cul-de-sac East of Winston Avenue, known and designated as
New Subdivision Sub -Unit Number 15 of Unit Number 2035.
94th Street from the West end of radius of the intersection
of 94th Street and York Avenue to the East lip line of Slide
Road, and alley returns on the East side of Slide Road
between 94th Street and 96th Street, known and designated as
New Subdivision Sub -Unit Number 16 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets and avenues was performed under the supervision
of the City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of Chapter 25
of the City of Lubbock Code of Ordinances: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets and avenues BE and the same are hereby accepted
and the City Engineer BE and he is hereby authorized to notify the
Developer of acceptance by the Lubbock City Council.
October 28, 1993
Page 897
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 28th 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
According to staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street paving and curb and
gutter on:
York Avenue from the alley south of 94th
Street to 95th Street.
York Avenue from 95th Street to the
cul-de-sac south of 95th Street.
Winston Avenue from 95th Street to the
alley south of 95th Street.
96th Street from Winston Avenue to the
alley west of York Avenue.
95th Street from the cul-de-sac west of
York Avenue to the cul-de-sac East of
Winston Avenue.
94th Street from York Avenue to Slide
Road, and alley returns on the east Side
of Slide Road between 94th Street and 96th
Street.
There is no City cost due the contractor upon this
acceptance. Staff recommended acceptance of these
paving improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4290
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 898
93-52B-898-745
( 8.)
RESOLUTION #4291
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Lots 41-75, Highridge Addition, made arrangements with Williams & Peters
Construction Company, Inc. for the construction of paving improvements
on certain streets and avenues dedicated in said subdivision under the
provisions of said Code prior to the recording of the subdivision plat
for the above -mentioned Addition, including the following streets:
82nd Lane from the cul-de-sac West of Richmond Avenue to the
cul-de-sac at Richmond Avenue, known and designated as New
Subdivision Sub -Unit Number 75 of Unit Number 2035.
82nd Place from the East lip line of Salem Avenue to the
West lip line of Richmond Avenue, known and designated as
New Subdivision Sub -Unit Number 76 of Unit Number 2035.
83rd Street from the cul-de-sac West of Richmond Avenue to
the cul-de-sac at Richmond Avenue, known and designated as
New Subdivision Sub -Unit Number 77 of Unit Number 2035.
Richmond Avenue from the cul-de-sac at 82nd Lane to the cul-
de-sac at 83rd Street, known and designated as New
Subdivision Sub -Unit Number 78 of Unit Number 2035.
Salem Avenue from the South end of radius of the
intersection of 82nd Street and Salem Avenue to 7.00 feet
North of the alley South of 83rd Street, known and
designated as New Subdivision Sub -Unit Number 79 of Unit
Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets and avenues was performed under the supervision
of the City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of Chapter 25
of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets and avenues BE and the same are hereby accepted
and the City Engineer BE and he is hereby authorized to notify the
Developer of acceptance by the Lubbock City Council.
October 28, 1993
Page 899
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 28th 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
According to staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street paving and curb and
gutter on:
82nd Lane from the cul-de-sac west of
Richmond Avenue to the cul-de-sac at
Richmond Avenue.
82nd Place from Salem Avenue to Richmond
Avenue.
83rd Street from the cul-de-sac west of
Richmond Avenue to the cul-de-sac at
Richmond Avenue.
Richmond Avenue from the cul-de-sac at
82nd Lane to the cul-de-sac at 83rd
Street.
Salem Avenue from 82nd Street to the alley
south of 83rd Street.
A different contractor was engaged by the developer
to install the alley paving improvements in this
subdivision. A separate acceptance has been
prepared for the alley paving. There is no City
cost due the contractor upon this acceptance. Staff
recommended acceptance of these paving improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4291
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 900
93-52B-900-746
( 9.)
RESOLUTION #4292
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Lots 41-75, Highridge Addition, made arrangements with Hub City Pavers,
Inc. for the construction of paving improvements on certain alleys
dedicated in said subdivision under the provisions of said Code prior to
the recording of the subdivision plat for the above -mentioned Addition,
including the following streets:
The East-West alley North of 82nd Lane from Salem Avenue to
the North -South alley East of Richmond Avenue, known and
designated as New Subdivision Sub -Unit Number 90 of Unit
Number 2035.
The East-West alley between 82nd Lane and 82nd Place from
Salem Avenue to Richmond Avenue, known and designated as New
Subdivision Sub -Unit Number 91 of Unit Number 2035.
The East-West alley between 82nd Place and 83rd Street from
Salem Avenue to Richmond Avenue, known and designated as New
Subdivision Sub -Unit Number 92 of Unit Number 2035.
The East-West alley between 83rd Street and 84th Street from
the North -South alley East of Richmond Avenue to 142.50 feet
West, known and designated as New Subdivision Sub -Unit
Number 93 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned alleys was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of Chapter 25 of
the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned alleys BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
October 28, 1993
Page 901
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 28th 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
According to staff memo, this is a routine
acceptance of alley paving improvements required at
the time of platting this new subdivision. These
improvements consist of alley paving on:
The east -west alley North of 82nd Lane
from Salem Avenue to the north -south alley
east of Richmond Avenue.
The east -west alley between 82nd Lane and
82nd Place from Salem Avenue to Richmond
Avenue.
The east -west alley between 82nd Place and
83rd Street from Salem Avenue to Richmond
Avenue.
The east -west alley between 83rd Street
and 84th Street from the north -south alley
east of Richmond Avenue to 142.50 feet
west.
There is no City cost due the contractor upon this
acceptance. Staff recommended acceptance of these
alley paving improvements.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4292
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 902
93-52B-902-747
(10.)
RESOLUTION #4293
1993 ASSESSMENT PAVING PROGRAM
WHEREAS, the City Council of the City of Lubbock by Resolution No.
4145 and 4262 passed on May 13, 1993, and September 23, 1993,
respectively, in regular session of said City Council, declared a
necessity for and ordered the improvement of those certain highways,
streets and alleys or portions thereof in the City of Lubbock, Lubbock
County, Texas, as more particularly described hereafter, by excavating,
grading and paving the same, and by the construction of drainage
facilities therein, and by the construction of curbs and gutters wherein
curbs and gutters are not now in place, and directed the City Engineer
to prepare plans and specifications for said improvements; and
WHEREAS, the plans and specifications for the improvements of said
highways, streets and alleys have now been duly approved by the City
Council of the City of Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock,
Lubbock County, Texas, to be necessary and in the public interest to
make the improvements herein designated on those certain highways,
public streets and alleys or portions thereof; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT improving the hereinafter described highways,
streets and alleys or portions thereof, located within the City of
Lubbock by excavating, grading and paving the surface thereof and the
construction of drainage facilities therein, as well as the necessary
curbs and gutters, which are not now in place, is hereby found to be a
necessity.
SECTION 2. THAT the cost of making such improvements shall be
partly paid for by the City of Lubbock and partly by the owners of
property abutting upon the hereinafter described highways, streets and
alleys or portions thereof which are hereby ordered to be improved, and
the cost to be paid by the owners shall be a personal liability and
charge against the true owners of such property after public hearing,
all in accordance with and as required by Article 1105b of the Revised
Civil Statutes of Texas.
SECTION 3. THAT the portions of highways, streets and alleys
which are to be improved and the abutting property proposed to be
assessed for said improvements designated and defined by Unit and Sub -
Unit are as follows:
UNIT AND SUB -UNIT ALLEYS (10' WIDE)
A-461-34 The North -South alley between York
Avenue and Wayne Avenue from 4th
Street to York Avenue.
A-461-35 The North -South alley between York
Avenue and Zoar Avenue from 4th
Street to York Avenue.
A-461-36 The East-West/North-South alley
between FM 1730 (Slide Road) and
Zoar Avenue and between 75th Street
and 76th Street.
October 28, 1993
Page 903
UNIT AND SUB -UNIT STREETS
2035-94 Frankford Avenue from 66th Street to
82nd Street.
2035-95 98th Street from Indiana Avenue to
FM 1730 (Slide Road).
2035-96 20th Street from Juneau Avenue to
Kewanee Avenue.
SECTION 4. THAT the City Secretary be and is hereby authorized
and directed to prepare a certified copy of this Resolution and to
record or cause the same to be recorded in the Real Property Records of
Lubbock County, Texas.
SECTION 5. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 28th 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 resolution is the third of five resolutions
required for the 1993 Assessment Paving Program, and
it will be filed in the Real Property Records of
Lubbock County. The purpose of this resolution is
to notify persons conducting title research that an
assessment is forthcoming. This assessment is for
paving improvements on the following alleys and
streets:
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.
Frankford Avenue from 66th Street to 82nd
Street.
98th Street from Indiana Avenue to FM 1730
(Slide Road).
20th Street from Juneau Avenue to Kewanee
Avenue.
October 28, 1993
Page 904
93-52B-904-748
(11.)
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4293
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #4294
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 the
Cover (Title) Sheet of the Texas Department of Transportation plans for
pavement rehabilitation of Avenue "A" (Business U. S. 87) from 6th
Street to 36th Street.
Passed by the City Council this 28th 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
According to staff memo, this is a routine request
from the Texas Department of Transportation for the
Mayor to sign the cover sheet of the plans for a
project located inside the city limits.
This project consists of the reconstruction of the
paving of this portion of Avenue A. The estimated
construction cost of this project is $2.5 million;
the project is scheduled for bid in January 1994.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4294
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 905
93-52B-905-749
(12.)
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.
93-52B-905-750
(13.)
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
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.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to pass on second and final
reading Ordinance #9659 as recommended by staff.
Motion carried: 5 Yeas; 0 Nays.
October 28, 1993
Page 906
93-52B-906-751
(14.)
RESOLUTION #4295
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 and all related documents during the effective dates of the
Contract, by and between the City of Lubbock and the Texas Department of
Housing and Community Affairs for the Comprehensive Energy Assistance
Program, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail..
Passed by the City Council this 28th 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
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Contract between the City of Lubbock and the Texas
Department of Housing and Community Affairs for the Comprehensive Energy
Assistance Program is filed with Resolution No. 4295.
Within the past year, the Community and Neighborhood
Services Department has participated in a state
pilot project (through the Texas Department of
Housing and Community Affairs), which provided for
energy assistance through a comprehensive case
management approach to services. The state analyzed
the findings and has now created the Comprehensive
Energy Assistance Program, which combines the Low
Income Housing Energy Assistance Program (LIHEAP)
pilot project and the Energy Crisis Program. This
new program has a three -pronged approach for
providing energy services:
a) Energy emergency assistance for
individuals in need of immediate
assistance with maximum assistance
of $1,000 per household. The
estimated number of households to be
assisted is 170.
October 28, 1993
Page 907
b) Co -payment will provide energy
assistance to individuals for a
three-month period and requires
comprehensive service management,
mandatory trainings (energy
efficiency, nutritional and
dietician, etc.); and a maximum
assistance of $1,000 per household.
The estimated number of households
to be assisted is 170.
c) Elderly assistance, which will
provide energy assistance to the
elderly with a maximum assistance of
$1,000 per household. The estimated
number of households to be assisted
is 170.
The current available funding for the program is a
total of $161,279:
Administrative (7.2165%) $ 11,639
Direct Services (92.7835%) 149,640
$161,279
The least amount to be received for this program is
$161,279, and the maximum amount that could be
received is $456,797. This would allow for a total
of $432,832 in direct services. The prepaid maximum
to be received is contingent upon the availability
of federal funds.
The City of Lubbock Community and Neighborhood
Services Department administers other energy
assistance programs which help individuals in need
of assistance. Due to the comprehensive services
provided through these funds, the City staff
recommended the approval of this grant.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4295
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 908
93-52B-908-752
(15.)
RESOLUTION #4296
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR THE
ARMED FORCES GUARD/RESERVE CENTER IN THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS.
WHEREAS, the developer of the Armed Forces Guard/Reserve Center in
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
Center; and
WHEREAS, the total utility cost to the developer is $35,272.74,
with the improvements constructed by Utility Contractors of America,
Inc. having a value of $34,040.30, as determined by the unit prices
established by said Chapter 28 and $1,232.44 cash paid to the City with
the Armed Forces Guard/Reserve Center, 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: and
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 28th 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 28, 1993
Page 909
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 $35,272.74
including value of construction costs, $34,040.30;
and cash paid to the City of Lubbock, $1,232.44.
The developer, Armed Forces Guard/Reserve Center,
will receive no refund 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 #4296
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
93-52B-909-753
(16.) BID #12647--Annual tire repair service (Fleet
Services).
Flores Tire Service --I lt. Category I vehicle and
equipment tire repairs; 1 lt. Category II scraper
and liquid fill tire repairs.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
93-52B-909-754
(17.) BID #12694--George Woods security lighting, and
authorize same (Community Development).
RESOLUTION #4297
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 and all related documents by and between the City of Lubbock
and Larcon Enterprises of Lubbock to furnish and install all materials
as bid for the George Wood Lighting Project for the City of Lubbock,
which contract is 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 28th 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/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
October 28, 1993
Page 910
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th 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 Larcon
Enterprises 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. 12694--George Woods Security Lighting (Community Development) in
the amount of $26,326.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ Carlos Vigil
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Larcon Enterprises
CONTRACTOR
By: /s/ Larry Anderson
TITLE: Owner
COMPLETE ADDRESS: Larcon Enterprises
3609 57th Street
Lubbock, TX 79413
October 28, 1993
Page 911
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4297
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
93-52B-911-755
(18.) BID #12701--
Armstrong Electric Supply Co.--1 lt. transfer switch
and aluminum ladder cable trays.
Anixter, Fort Worth--1 lt. various control cables
and coax cable.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
93-52B-911-756
(19.) BID #12707--HVAC upgrade -
RESOLUTION #4298
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 and all related documents by and between the City of Lubbock
and Anthony Mechanical, Inc. of Lubbock to furnish and install all
materials as bid for the HVAC Upgrade -Fire Station #11 for the City of
Lubbock, which contract is 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 28th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty 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
October 28, 1993
Page 912
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this
1993 by and between the City of Lubbock, County
Texas, acting by and through David R. Langston,
authorized to do so, hereinafter referred to as
Mechanical, Inc. of the City of Lubbock, County
State of Texas, hereinafter termed CONTRACTOR.
28th day of October,
of Lubbock, State of
Mayor, thereunto
OWNER, and Anthony
of Lubbock, and the
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. 12707--HVAC Upgrade Fire Station # 11 (Building Services) in the
amount of $47,550.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ George Lisenbe
ATTEST:
/s/ Mike B. Powell
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Anthony Mechanical, Inc.
CONTRACTOR
By: /s/ W. R. Anthony. Jr.
TITLE: President
COMPLETE ADDRESS: Anthony Mechanical, Inc.
P.O. Box 2706
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4298
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 913
93-52B-913-757
(20.) BID #12709--
RESOLUTION #4299
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 and all related documents by and between the City of Lubbock
and Tech Builders, Inc. of Lubbock to furnish and install all materials
as bid for the Municipal Building Parking Lot Concrete for the City of
Lubbock, which contract is 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 28th day of October, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty 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 28th 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 Tech
Builders, Inc. of the City of Amarillo, County of Potter, 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. 12709--Municipal Building parking lot concrete repair (Building
Services) in the amount of $48,997.50
October 28, 1993
Page 914
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/ George Lisenbe
ATTEST:
/s/ Annette Gutierrez
Secretary
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Tech Builders, Inc.
CONTRACTOR
By: /s/ Name Not Legible
TITLE:
COMPLETE ADDRESS: Tech Builders, Inc.
200 S. Travis Street
Amarillo, Texas 79106
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4299
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
93-52B-914-758
(21.) BID #12712--
Koppers Co., Houston--50 ea. 30' creosote treated
wood pole; 30 ea. 35' creosote treated wood pole;
200 ea. 40' creosote treated Class 4 wood pole; 30
ea. 50; creosote treated wood pole; 9 ea. 70'
creosote treated Class I wood pole; 7 ea. 75'
creosote treated wood pole; 6 ea. 80' creosote
treated wood pole; 4 ea. 85' creosote treated wood
pole; 120 ea. 45' creosote treated Class II wood
pole.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
October 28, 1993
Page 915
93-52B-915-759
(22.) BID #12719--12" C900 PVC pipe (Water Utilities).
0 & R Utilities, Inc., Odessa--2,500' 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-915-760
(23.) BID #12722--Aspen Avenue Pavi
RESOLUTION A300
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 and all related documents by and between the City of Lubbock
and Williams & Peters Construction Company, Inc., of Lubbock to furnish
and install all materials as bid for the Aspen Avenue paving project for
the City of Lubbock, which contract is 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 28th day of October, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty 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 28th 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 Williams &
Peters Construction Co., Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
October 28, 1993
Page 916
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. 12722--Aspen Avenue Paving (Street Engineering) in the amount of
$105,870.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
ATTEST:
/s/ Betty L. Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Williams & Peters Construction
CONTRACTOR
By: /s/ Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction Co., Inc.
P.O. Box 3907
Lubbock, Texas 79452
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4300
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
93-52B-916-761
(24.) BID #12730--LM2500 fuel nozzles (Electric
Production).
General Electric Marine and Industrial Engines,
Cincinnati, OH--6 ea. GE fuel nozzles.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
October 28, 1993
Page 917
93-52B-917-762
(25.) RFP#12703--
RESOLUTION #4301
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 and all related documents by and between the City of Lubbock
and Quality Management Services of Lubbock, Texas to furnish services
for an organizational assessment for the City of Lubbock, which contract
is 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 28th day of October, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Vendor Contract between the City of Lubbock and Quality
Management Services is filed with Resolution No. 4301.
Request for proposal was sent out to 25 firms across
the state and the nation to conduct an
organizational assessment. The Purchasing
Department received proposals from six firms.
Members of the organizational assessment review team
reviewed the proposals and, based on the evaluation
criteria set forth in the RFP, the interviews, and
reference checks, the review team recommended a
contract with Quality Management Services to conduct
the organizational assessment of the City of Lubbock
employees. The fee for this project is $26,500,
plus out-of-pocket expenses for travel, printing,
and other miscellaneous costs estimated at $2,000.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4301
as recommended by staff. Motion carried: 5 Yeas; 0
Nays.
October 28, 1993
Page 918
93-52B-918-763
( 6.) ORDINANCE #9657--
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 ZONE AND
REINVESTMENT ZONE (TEXAS TAX CODE, CHAP. 312): AND FURTHER DESIGNATING A
LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE
THE ADDITION IS APROVED BY THE TEXAS DEPARTMENT OF COMMERCE.
93-52B-918-764
(36.)
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to pass on second and final
reading Ordinance #9657 as recommended by staff.
Motion carried: 4 Yeas; 0 Nays--Councilmember
Patterson recused.
RESOLUTION #4302
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 Parkhill, Smith &
Cooper, Inc. for engineering services, 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 28th 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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Agreement between the City of Lubbock and Parkhill Smith &
Cooper, Inc., for engineering services is filed with Resolution No.
4302.
October 28, 1993
Page 925
93-52B-925-766
f (26.)
L
The Planning and Zoning Commission recommended
approval of this request C-3 Specific Use by a vote
of 7-1 subject to the following conditions:
1. Subject to a cut and fill with
Engineering verification of a 50,000
cubic yard increase in the capacity
of the playa.
2. All aspects of the site plan except
the curb cuts on 62nd Street will be
incorporated into this zone change
request.
The staff supported the request as recommended by
the Planning and Zoning Commission.
Mr. Goyette requested that Council continue this
hearing since Councilmember Patterson had to leave
the meeting and there were only four councilmembers
present.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to continue the public hearing
for Zone Case #2661-B until the November 11, 1993
Regular City Council meeting on request of the
proponent. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9664
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2460-J; A ZONING CHANGE FROM C-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN
HOMES ON A 3.8 ACRE TRACT OF LAND IN SECTION 11, BLOCK E-2, LUBBOCK,
TEXAS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 2:10
p.m.
Henry L. Huneke appeared on behalf of Escondido Oil,
Inc. to present this request for a zone change from
C-2 to R-1 Specific Use (garden homes).
No one appeared in opposition. Mayor Langston
closed the hearing at 2:12 p.m.
David Jones, Director of Planning, presented staff
comments. Mr. Jones gave the adjacent land use
relationships as follow:
North - drainage channel
South - playa lake
East - drainage channel
West - open space
October 28, 1993
Page 926
93-52B-926-767
(27.)
93-52B-926-768
(28.)
The Comprehensive Land Use Plan in this area has
been amended back to primarily residential from the
mall proposal that did not materialize in the late
1980s. The request is routine with regard to both
the Plan and zoning policy and will have no effect
on traffic. The Planning and Zoning Commission
recommended approval of this request by a vote of
7-0, and Staff supported the recommendation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on first reading
Ordinance #9664 as recommended by P&Z and City
staff. Motion carried: 4 Yeas: 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
Councilmember Cooke recused from discussion and
voting on this item. Due to lack of a quorum, this
hearing will be continued until November 11, 1993.
ORDINANCE #9665
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2161-C; A ZONING CHANGE FROM C-2, GO AND R-1 TO C-2 ZONING ON A 7 ACRE
TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 2:16
p.m.
David Goyette appeared on behalf of Lubbock Land
Company to present this request for zone change from
C-2, GO and R1 to C-3.
No one appeared in opposition. Mayor Langston
closed the hearing at 2:20 p.m.
David Jones, Director of Planning, presented staff
comments. A north/south depth of approximately 320
feet of this tract along 82nd is currently zoned
C-2, the south 275 feet is zoned R-1. Mr. Jones
gave the adjacent land use relationships as follow:
North - developed as professional offices
South - zoned R-1, vacant
East - zoned C-3, vacant
West - zoned C2 and R-1, vacant
October 28, 1993
Page 923
The coefficients translate as
follows: for a 6 inch rain (a
50-year rain) on an 18.5 acre site,
5,200 cubic yards of water will run
off from an undeveloped tract:
11,200 cubic yards of run off from
church development: and a possible
13,500 cubic yards of run off for
the full commercial development.
3. The relevant information on traffic
includes three parts:
Traffic generation: the potential
traffic by a discount store combined
with a grocery store, using
Institute of Traffic Engineers
tables @ 81.2 trips per day per 1000
square feet of structure, indicates
that the 172,000 foot store will
potentially generate 13,900 vehicle
trips per 24 hour day. The PM peak
load @ 6.9 percent of the daily load
would add 959 vehicles to adjacent
streets in the PM peak hour.
Traffic engineers rate streets in
levels of service A, B, C, D, and E.
"A" is a new street at no load. "C"
is a street at optimal design load;
this portion of University is
currently considered "C" with the
most recent traffic count at just
less than 30,000. South of 62nd
Street, University is a three lane
each direction and turn lane street.
North of 62nd, University is a two
main lane each direction with
marginal access streets on both the
east and west. The added traffic
from a Super Mart will reduce
University to a "D" rating. When
"E" is reached, an upgrade in number
of lanes is in order. At Level D,
the traffic signal at 66th and
University and University Avenue
will work, but it will operate below
optimum.
Thoroughfare status: This location
at 66th and University is not at a
true thoroughfare intersection.
Because of Loop 289, 66th Street
was never designated nor built as a
thoroughfare. It is a four -lane
collector street to the east and a
collector residential street to the
west. At 62nd Street, a fairly
complex intersection is created by
the street being split into 4 main
lanes of University Avenue and the
old marginal access roads on both
sides. The complexity of this
intersection relates strongly to the
additional discussion in the next
section.
October 28, 1993
Page 924
Increased traffic into ad.iacent
neighborhoods: Avenue W to 50th is
a straight line from 62nd Street and
Avenue W. Also, possible
circulation on Avenue W. from 62nd
Street back to 66th would occur if
commercial traffic is encouraged on
62nd Street. The staff requested
discussion by the P&Z Commission
about the possible prohibition of
curb cuts on 62nd Street. Comments
prior to the meeting indicated Mart
would not build if access to 62nd
Street is prohibited. The
proponents have expressed that Mart
is adamant about the need for access
from all three sides and they
strongly oppose either a cul-de-sac
on the east end of 62nd Street or no
curb cuts on 62nd Street. The staff
understands their perspective, but
has a strong concern for the curb
cuts proposed on 62nd Street because
of the confusion that a large
increase in traffic would cause at
the University intersection and the
probability of customers avoiding
the 66th and University main routes
and cutting through the subdivision.
The proponent suggested that the
curb cuts are important for
neighborhood residents to get into
the parking lot. When asked for a
recommendation, the Planning Staff
supported a condition allowing no
curb cuts on 62nd Street.
As a recap, the Planning and Zoning Commission was
requested to consider:
1. Overall compatibility of the
proposed use;
2. Requiring proof of increased playa
capacity of at least 50,000 cubic
yards by a cut and fill approval
prior to a permit.
3. Adopting all aspects of the site
plan with the landscape buffer on
the north and without the curb cuts.
In addition, discussion by the P&Z Commission
resulted in an agreement with the proponent to amend
the zoning to Specific Use which will self-destruct
if the project is not built. The P&Z Commission is
strongly opposed to this zone change establishing
C-3 activity on this property should this project
not materialize. With Specific Use, the zoning
would revert to the existing A-2 for church use.
October 28, 1993
Page 921
Others speaking in favor of this request were:
Dean Hennington, Engineer with Henley Horn
John McLarty, 2125 65th Street
Kenneth Pruitt, 1920 60th Street
Max Winn
W. A. Blair, 2013 61st Street
Officer Pat Patterson, neighborhood resident
Jay Temple, President Bayless -Atkins
Neighborhood Association
Mikel Ward
Rick Carroll, 6109 Avenue R
Tommy Persons, 76th Street
Those speaking in opposition to this request were:
Fran Honeycutt, 6203 Avenue W
Cecil Puryear
John Pickett, 6005 Vernon
Lee King, 6201 Avenue W
William Wetzl, 2301 61st Street
JoAnn Dunkel
Mayor Langston closed the hearing at 12:00 Noon.
David Jones, Director of Planning, presented staff
comments. The staff presentation asked the Planning
and Zoning Commission to focus on the land use and
zoning issues for this parcel of property, as well
as the on -site drainage, and suggested that the P&Z
Commission attempt to leave separate the general
flooding issue that results when the chain of lakes
from the Mall to Clapp Park is in an overflow
condition.
Mr. Jones gave the adjacent land use relationships
as follow:
North - duplex
South - commercial and apartments
East - single family residential east of the
reshaped playa (note proposed site
plan).
The E/W dimension from the development
lot line to the alley is 300 feet.
West - commercial and residential across
University.
October 28, 1993
Page 922
According to staff memo, the piece of property has
been designated as commercial on the Comprehensive
Land Use Plan since the original Plan was adopted in
1975. The east portion of the property is a playa
within the chain of lakes on the south and southwest
side of Lubbock. Since the Plan indicates
commercial, the majority of staff comments were
concentrated on three items: (1) Compatible land
use; and the proposed site plan. (2) On -site
drainage and the playa lake. (3) Traffic and the
thoroughfare system.
The public hearing portion of the
meeting and the mail returns provide
the best indicator of whether or not
the use is considered compatible to
those in the immediate area. The
comments expressed at the Planning
and Zoning Commission indicated that
no consensus exists by those owners
immediately adjacent to the site; a
large group supports the project and
a large group opposes the request.
The site plan indicates, with the
exception of curb cuts on 62nd
discussed later, that all design
considerations available have been
used by the proponent to eliminate
or reduce the effect of a store this
size on adjacent property. The
proposed new shape of the playa
creates a 300-foot buffer for the
residential to the east, and
proposed fencing or landscape
materials reduce the effect on the
homes that back up to the playa.
The store fronts to University
Avenue. Since the hearing, a
neighbor at 62nd and Avenue W has
requested consideration of
continuing the landscape screen
noted on the site plan behind the
store along 62nd and south along the
alley for 50-100 feet. A 70-foot
landscape buffer with berms is
proposed in lieu of a screening
fence on the north along 62nd
Street.
2. In addition to the existing holding
capacity of the playa lake, the
reshaped hole will be approximately
17 acres in size but 50,000 to
70,000 cubic yards greater in
holding capacity. Staff reminded
the P&Z Commission that the parcel
can currently be developed for
church and church related land uses;
therefore, considering the run off
from undeveloped property versus the
KMart proposal is not an accurate
comparison.
The run off coefficient for the
approximate 18.5 acre development
lot in three categories is:
undeveloped land - 35%
church related - 75%
commercial - 90%
October 28, 1993
Page 919
Larry Hertel, City Engineer, presented staff
comments. The full width paving of Frankford Avenue
from 66th Street to 82nd Street is an approved
project in the 1993-94 Capital Projects Budget.
This is one of three paving projects currently being
considered for assistance by private engineering
firms to prepare the projects for bid.
Private engineering assistance is being considered
on selected projects because of the Council's desire
to begin construction on these projects as soon as
possible, the number of paving projects in the
approved list of Capital Projects, and the number of
staff available to prepare these projects for bid in
an acceptable time frame.
The other two projects considered for private
engineering assistance are the 66th - 69th Street
collector extension from Chicago Avenue to Slide
Road and the East 19th Street strip paving
improvements from Ute Avenue to East Loop 289.
Agreements for engineering services on the other two
projects are expected to be ready for Council
consideration at the first November Council meeting.
This Frankford Avenue paving project is the largest
of the three projects being considered for
engineering assistance. Parkhill, Smith & Cooper
(PSC) was selected as the best firm for this project
because they are the larger firm with more resources
available to complete the work in a timely manner.
Another factor in their selection was based on their
experience with concrete paving for the City of
Lubbock. A concrete intersection is proposed at
82nd Street and Frankford Avenue. PSC had done the
engineering for the concrete paving on West 34th
Street a few years ago.
The agreement negotiated with PSC is to pay for the
actual amount of work they perform on an hourly
basis with a "not to exceed" amount of total
compensation. This "not to exceed" amount for
engineering services is $109,945.00 and will not be
increased unless specific authorization for
additional services is given PSC. The tasks and
estimated man-hours to accomplish this project were
reviewed and negotiated with staff. This amounts to
8.4 percent of the estimated construction cost. As
a guide, the "Professional Engineering Services"
publication from the Consulting Engineers Council of
Texas and the Texas Society of Professional
Engineers indicates 11.7 percent is appropriate for
basic engineering services on a project of this
size. The services to be performed by PSC include:
DESIGN PHASE:
Establish soil investigation and testing needed to
evaluate pavement design (tests will be performed by
City): coordinate field surveying data necessary for
design (surveying performed by City): prepare plans
and specifications; prepare stormwater pollution
prevention plan: and prepare detailed cost
estimates.
October 28, 1993
Page 920
93-52B-920-765
(35.)
BIDDING PHASE:
Assist with advertisement for bids; assist with pre -
bid conference: distribute plans and specifications
to bidders; assist with bid opening, evaluation of
bid and preparation of final contract documents.
CONSTRUCTION PHASE:
Assist with pre -construction conference; make
periodic site visits; consult and advise City on
materials and workmanship during construction;
review construction materials data; assist City with
contractor's payments; conduct final inspection with
City; and provide reproducible set of plans.
The engineering services to be performed by PSC are
scheduled to allow for bids by June 1994.
It is currently proposed for the City to perform all
preliminary and construction surveying needed for
this project. Should additional surveying
assistance be needed or a registered surveyor be
required for right-of-way parcels needed, additional
expenses will result. Two small parcels of right-
of-way will probably require acquisition in order to
construct the 82nd Street intersection.
The City will perform the day-to-day inspection and
materials testing tasks necessary during
construction. Should the City request more than
periodic site visits of PSC, additional expenses
will result: These additional services for a
Resident Project Representative from PSC are not
expected or proposed. Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4302 as
recommended by staff. Motion carried: 4 Yeas; 1
Nay--Councilmember Hernandez.
Mayor Langston opened the public hearing at 10:39
a.m.
David Goyette appeared on behalf of Maclay
Development (for Oakwood Baptist Church) to present
this request for zone change from A-2 (church and
church related) and R-1 to C-3 (Super KMart Center).
Mr. Goyette requested that Council uphold P&Z and
delete the condition that no curb cuts be allowed on
62nd Street.
October 28, 1993
Page 927
93-52B-927-769
(29.)
According to staff memo, this request is a minor
variation from the Comprehensive Land Use Plan,
following a pattern of variation created when the
strip of C-2 was zoned along 82nd Street from Boston
to Elgin avenues. The developer of the large tract
intends to buffer this lot from the adjacent
residential development and rezone the interior
commercial tracts back to single family.
With access to 82nd Street, the grocery store should
have a minimal effect on the thoroughfare system.
The Planning and Zoning Commission recommended
approval of this request by a vote of 8-0, and Staff
supported the recommendation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9665 as recommended by P&Z and City
staff. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9666
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1750-F: A ZONING CHANGE FROM C-2A TO C-2 SPECIFIC USE ZONING FOR A MOTEL
ON LOTS D. E., F. G AND H, SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS:
SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 2:23
p.m.
Jack Chapman appeared on behalf of ZAMCO Group, Inc.
to present this request for zone change.
No one appeared in opposition. Mayor Langston
closed the hearing at 2:27 p.m.
David Jones, Director of Planning, presented staff
comments. This property is currently zoned for
office and AM uses. The proponent is requesting use
of a portion of the Specific Use District that
allows a site planned motel in C-2. The proponent
also requested leaving the office use permitted by
the existing zoning that is reflected in one of the
conditions recommended by the Planning Commission.
Mr. Jones gave the adjacent land use relationships
as follow:
North - R2 - duplex
South - Loop 289
East - office development
West - vacant
October 28, 1993
Page 928
93-52B-928-770
(30.)
According to staff memo, this request is consistent
with the Comprehensive Land Use Plan in that this
parcel is noted as commercial. The single greatest
issue discussed by the P&Z Commission was whether or
not the project is compatible with the area. No one
appeared in opposition to the project at the P&Z
hearing.
The site plan notes the building moved as far south
toward Loop 289 as possible; a screening fence with
no curb cuts is proposed on the north boundary
adjacent to 66th Street. The duplex zoning north of
66th Street is a buffer for the single family area
further north. This small triangle of property was
left over when the Loop construction passed through
the Piedmont Subdivision at an angle, creating
several awkward pieces of property.
The project should have little effect on traffic.
The Planning and Zoning Commission recommended
approval of this request by a vote of 8-0 subject to
the following conditions:
1. The parcel will revert to the zoning
allowed by Ordinance 7925 should
this project not develop.
2. The Phase II portion may be either
an expansion of the motel or built
as a restaurant that meets standards
requirements.
3. Tied to site plan 1750-F for the
motel and/or restaurant as presented
to the Planning and Zoning
Commission and signed by the
Chairman.
The staff supported the recommendation of the
Planning and Zoning Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Cooke to pass on first reading
Ordinance #9666 with conditions recommended by P&Z
and City staff. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9667
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2076-A; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A
CELLULAR TELEPHONE TOWER ON A 40' X 40' PORTION OF TRACT L, COLLEGE
AVENUE CO-OP ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
October 28, 1993
Page 929
93-52B-929-771
(31.)
Mayor Langston opened the public hearing at 2:31
p.m.
Joe Hise appeared on behalf of Cimarron Land
Services (for Southwestern Bell Mobile Systems,
Inc.) to present this request for zone change from
C-3 to C-3 Specific Use (cellular telephone tower).
No one appeared in opposition. Mayor Langston
closed the hearing at 2:33 p.m.
David Jones, Director of Planning, presented staff
comments. The Code requires a Specific Use Permit
for towers in any location. The sensitivity for
towers in this location should be fairly low with
the 1300-foot television tower about 112 mile north.
Mr. Jones gave the adjacent land use relationships
as follow:
North
- commercial
South
- commercial
East
- commercial, vacant
West -
commercial, vacant
According to staff memo, this request does not
involve a Comprehensive Land Use Plan discussion.
The zoning -related policy is to be determined by
this public hearing. The request will have no
effect on traffic. No one appeared in opposition to
the request at the P&Z hearing and discussion by the
Commission was minimal. The Planning and Zoning
Commission recommended approval of this request by a
vote of 8-0, and staff supported the recommendation.
Motion was made by Councilmember Ince, seconded by
Councilmember Cooke to pass on first reading
Ordinance #9667 as recommended by P&Z and City
staff. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9668
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1565-E: A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR SELF
STORAGE ON LOT B-2A, SOUTHWEST COMMERCIAL PARK ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PULBICATION.
Mayor Langston opened the public hearing at 2:34
p.m.
George Holland appeared on behalf of All American
Storage, Inc. to present this request for zone
change from C-4 to C-4 Specific Use (self -storage).
No one appeared in opposition. Mayor Langston
closed the hearing at 2:35 p.m.
October 28, 1993
Page 930
93-52B-930-772
(32.)
David Jones, Director of Planning, presented staff
comments. This request is located in an area
developed as heavy commercial and light industrial.
A number of other mini -warehouse projects are in the
area. Mr. Jones gave the adjacent land use
relationships as follow:
North
- heavy
commercial
South
- heavy
commercial
East
- heavy
commercial
West
- heavy
commercial
According to staff memo, the area is noted as IDP on
the Comprehensive Land Use Plan. The proposed site
plan meets the intent of most of the guidelines for
mini -warehouses in the Specific Use District:
a. single story
b. appropriate sizes
c. no adjacent residential zoning
d. no residential property to screen
e. materials consistent with area
The two guidelines not met are the percent
landscaping and setback of C-4.
A. The landscape area is not 5 percent
of the parcel but is concentrated at
the front, visible to the public.
B. The front setback is 20 feet versus
the standard 43 feet.
Both of these characteristics have been common for
mini -warehouse projects in the last five years and
have caused no problems. The request should have a
minimal effect on the area. The Planning and Zoning
Commission recommended approval of this request by a
vote of 8-0, and staff supported the recommendation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9668 as recommended by staff. Motion
carried: 4 Yeas; 0 Nays--Councilmember Patterson
absent from the Council Chambers.
ORDINANCE #9669
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1598-G; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR MOBILE HOME PARK TO
R-1 SPECIFIC USE ZONING FOR RV STORAGE AND RV MOBILE HOME PARK AND C-4
ON A PORTION OF LOT 2, CAMELOT ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
October 28, 1993
Page 931
Mayor Langston opened the public hearing at 2:38
p.m.
David Goyette appeared on behalf of Loop 289 RV Park
to present this request for zone change from R-1
Specific Use (mobile home park) to R-1 Specific Use
(RV storage and RV mobile home park).
No one appeared in opposition. Mayor Langston
closed the hearing at 2:41 p.m.
David Jones, Director of Planning, presented staff
comments. As noted, the land area within this
request is currently zoned for a mobile home park.
The proponent is constructing a new recreational
building, wash and bath or shower facilities. Mr
Jones gave the adjacent land use relationships as
follow:
North - vacant zoned C-4
South - vacant zoned C-4
East - Loop 289
West - mobile home park
According to staff memo, the proposed commercial
along Loop 289 is a minor amendment to the
Comprehensive Land Use Plan. When the current
Comprehensive Plan was constructed, the strip along
Loop 289 was labeled with the existing use, the
mobile home park. Conversion to commercial is
within Plan policy at this location.
The proposed site plan meets the intent of Section
15 guidelines for RV parks. The proponent is in the
process of meeting those standards. The proponent
amended the original M-1 request along the Loop to
C-4 with a strike list. That list combined with C-4
puts the request in line with numerous zone cases on
the West Loop, West 19th Street and specifically
conditions present on the parcel immediately to the
north.
Since the RV park has no frontage on Loop 289 except
for the entrance and exit drives, the proponent is
requesting the south lot be approved by the Specific
Use Permit for two purposes:
1. A maximum sign size of 84 square
feet with 31 feet of setback and 25
foot height to identify the RV park.
This is the sign allotment for 210
foot which is the combined frontage
of the two access drives and the
proposed Lot 14.
2. That the rear 174 feet of the lot be
screened on the north, south and
east with a seven foot solid fence
to provide a small RV storage area.
October 28, 1993
Page 932
93-52B-932-773
(33.)
These conditions should not create any problems.
The request should have no significant effect on
traffic in the area. The Planning and Zoning
Commission recommended approval of this request by
vote of 8-0 subject to the following conditions:
1. A sign will be allowed as noted on
the site plan 1598-G. The front 43
feet of the lot will be landscaped.
2. A 7-foot screening fence may be
placed on the west 174 feet of the
proposed Lot 14, on the north, south
and east sides for the purpose of RV
storage. The parking surface may be
gravel or asphalt.
3. The C-4 zoning on the proposed Lots
1-13 will prohibit the following
uses:
a. Billboards
b. Dance hall
c. Night club, bar or lounge
d. Private or teen clubs
The staff supported the recommendation of the
Planning and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9669 with conditions recommended by P&Z
and City staff. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9670
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2717; A ZONING CHANGE FROM T/R-1 TO C-2 SPECIFIC USE ZONING FOR A GARDEN
CENTER ON A TRACT OF LAND OUT OF SECTION 1, BLOCK D-6, LUBBOCK, TEXAS:
PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 2:47
p.m.
Roberta J. Davis appeared to request a zone change
from T/R-1 to C-3 Specific Use (garden center).
No one appeared in opposition. Mayor Langston
closed the hearing at 2:50 p.m.
October 28, 1993
Page 933
93-52B-933-774
(34.)
David Jones, Director of Planning, presented staff
comments. Since Ms. Davis' proposal is a new
business, she needs to have a zone change approved
from the "T" transition status placed on the
property when it was annexed in 1984. Mr. Jones
gave the adjacent land use relationships as follow:
North - large scale nursery
South - smaller nursery operations
East - Ms. Davis' home
West - vacant
According to staff memo, the Comprehensive Land Use
Plan notes the entire area as policy residential.
What is not indicated on the Plan is the
concentration of businesses present when the area
was annexed in 1984.
The staff requested Ms. Davis to use the Specific
Use District in C-3 primarily to accommodate the
outdoor display areas. Her intent is not to have
rows of plant materials in buckets but to have plant
materials in a setting to demonstrate and sell the
landscape services she provides to individuals for
their homes. A second aspect of the Specific Use
will allow a gravel parking lot versus the usual
required asphalt. The gravel lot is consistent with
development standards the area. The Planning and
Zoning Commission recommended approval of this
request by a vote of 8-0, and staff supported the
recommendation.
Motion was made by Councilmember Hernandez, seconded
by Councilmember Ince to pass on first reading
Ordinance #9670 as recommended by P&Z and City
staff. Motion carried: 4 Yeas: 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
ORDINANCE #9671
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1170-C: A ZONING CHANGE FROM C-2 TO C-3 ZONING ON A PORTION OUT OF TRACT
D, CAPROCK ADDITION, LUBBOCK, TEXAS: PROVIDING A PENALTY: PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 2:53
p.m.
Fred Ewing appeared on behalf of Texaco Refining to
present this request for a zone change from C-2 to
C-3.
No one appeared in opposition. Mayor Langston
closed the hearing at 2:54 p.m.
October 28, 1993
Page 934
93-52B-934-775
(37.)
93-52B-934-776
(38.)
93-52B-934-777
(39.)
David Jones, Director of Planning, presented staff
comments. The Texaco at this location is proposing
an update to the property and the addition of a
drive thru car wash. The C-3 designation would
accommodate the convenience store with gasoline
service and an automated car wash. Mr. Jones gave
the adjacent land use relationships as follow:
North
- commercial
South
- commercial
East
- commercial
West
- commercial
According to staff memo, the request is consistent
with both the Comprehensive Land Use Plan and zoning
policy. The proposal should have no effect on
traffic. The Planning and Zoning Commission
recommended approval of this request by a vote of 8-
0, and staff supported the recommendation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading
Ordinance #9671 as recommended by P&Z and City
staff. Motion carried: 4 Yeas; 0 Nays--
Councilmember Patterson absent from the Council
Chambers.
This item was deleted from the agenda.
This item was deleted from the agenda.
RESOLUTION #4303
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create a
public necessity for the acquisition of additional land for municipal
purposes and public purposes and use, to -wit: for the widening of 98th
Street, and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of such lands as needed for such purposes as aforesaid;
NOW THEREFORE:
October 28, 1993
Page 935
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a in, upon, along, over and across the located
in the City of Lubbock, Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
FIELD NOTES on a 55 foot proposed right-of-way line of 98th
Street out of Section 16, Block E-2, Lubbock, Lubbock
County, Texas, and being more particularly described as
follows:
BEGINNING at a railroad spike, set for the Northwest and
beginning corner of said proposed right-of-way, whence the
Northwest corner of Section 16, Block E-2 bears N. 89059'17"
W. a distance of 2643.05 feet;
THENCE S. 89059'17" E., along the North line of Section 16,
Block E-2, a distance of 1226.04 feet to a railroad spike,
set for the Northeast corner of said proposed right-of-way;
THENCE S. 00000'43" E. a distance of 55.00 feet to a 112"
iron rod, set 0.5 feet North of a found 112" iron rod, for
the Southeast corner of said proposed right-of-way;
THENCE N. 89059'17" W., along the South right-of-way line of
proposed 98th Street, a distance of 1225.94 feet to a 112"
iron rod, found for the Southwest corner of said proposed
right-of-way;
THENCE N. 00005'19" W. a distance of 55.00 feet to the POINT
OF BEGINNING.
SECTION 2. THAT the owners of said tracts, being HUBERT E. CONE
and his wife, MARIE CONE, BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $34,100, which is the amount
appraised as the value and total damages for the fee simple title and
acquisition of said real estate hereinabove described, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney of said City of Lubbock,
is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 28th 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/ Ed Bucv
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City
Attorney
October 28, 1993
Page 936
93-52B-936-778
(40.)
According to staff memo, this 1.55 acre tract of
land is the only piece of right-of-way needed for
the widening of 98th Street from Slide Road eastward
to Indiana Avenue. All other right-of-way was
dedicated a few years ago by dedication deed or by
plat. This tract of land is approximately 1,400
feet west of Quaker Avenue and measures 55 feet wide
by 1,226 feet long. The owners of this tract of
land are H.E. Cone and wife, Marie.
In 1986, the property owners along 98th Street
between Slide and University were approached for the
dedication of 98th Street parcels in exchange for
strip paving along 98th Street. Only two people
refused to dedicate: one of these was Dr. Cone.
Since that time, the City was able to acquire
federal assistance to fund the majority of the cost
to widen 98th Street. This one piece of right-of-
way is still needed.
Jimmy Goddard, M.A.I., was assigned to appraise the
property and Adam Klien review appraised it. Mr.
Goddard appraised this taking at $34,100, which is
the City's offer to Dr. Cone and wife. Dr. Cone
owns 120 acres at this location. As a whole, Mr.
Goddard appraised the acreage at $8,000 per acre.
Several comparables were used, varying from $2,857
per acre to a high of $15,076 per acre. Mr. Goddard
appraised the acreage (1.55 acres) to be taken for
98th Street right-of-way at $22,000 per acre. He
used several comparables for small acre sales in
this area, varying from $9,450 an acre to a high of
$43,560 per acre.
At the southeast corner of Dr. Cone's tract,
Southcrest Church sold to H.A. Sessions 10 acres for
$18,000 per acre. Three -tenths of a mile west of
the subject property H.A. Sessions sold 10 acres to
Church on the Rock at $29,621 per acre. These two
sales and others were adjusted to determine the
value for this taking at $22,000 per acre.
Therefore, 1.55 acres x $22,000 per acre = $34,100
for the City's offer to Dr. Cone. The Right -of -Way
Department recommended this offer to H.E. and Marie
Cone.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4303 as recommended by staff. Motion carried: 4
Yeas; 0 Nays--Councilmember Patterson absent from
the Council Chambers.
ORDINANCE #9672
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF CHICAGO AVENUE
LOCATED IN SECTION 27, BLOCK E-2, 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.
October 28, 1993
Page 937
93-52B-937-779
(41.)
According to staff memo, this 1,176.12 sq. ft. area
being closed is a street stub which was dedicated
when the Mesa Park Addition along the west side of
Chicago Avenue was platted several years ago. This
street stub is located along the east side of
Chicago Avenue and was dedicated for a 67th Street
opening. A street opening is not needed at this
location in this new plat and is therefore being
closed. Requestor of this closure is Lubbock Land
Company who is platting this area into the Remington
Park Addition.
The area being closed is less than the new right-of-
way being dedicated by plat; therefore, there is no
charge for this closure. No problems are seen with
this closure, and the final plat has been submitted.
The Right -of -Way Department recommended passage on
first reading of this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9672 as recommended by staff. Motion
carried: 5 Yeas; 0 Nays.
RESOLUTION #4304
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,
subject to Federal Aviation Administration approval, if necessary,
Supplemental Agreement No. 2 to Security and Computerized Access Control,
System Improvements Engineering Services Agreement with EG&G Special
Projects, 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 28th 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
October 28, 1993
Page 938
SUPPLEMENTAL AGREEMENT NO. 2
TO SECURITY AND COMPUTERIZED ACCESS CONTROL
SYSTEM IMPROVEMENTS ENGINEERING
SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of May,
1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter called
"City", and EG&G SPECIAL PROJECTS, INC., a/k/a EG&G AVIATION SECURITY
SERVICES, hereinafter called "Engineer".
WITNESSETH
WHEREAS, on or about July 11, 1991, City and Engineer executed an
Agreement in which Engineer agreed to serve as City's professional
engineering representative to design and oversee the Security and
Computerized Access Control System Improvements described in Exhibit "A"
to such Agreement; and
WHEREAS, the Agreement executed on or about July 11, 1991, does
not include an Engineer I in Labor Categories found in Exhibit "C" to
such Agreement: and
WHEREAS, it is in the best interest of both parties to keep its
costs to a minimum; and
WHEREAS, the City desires for Engineer to continue it services to
City under said Agreement:
NOW THEREFORE, for the reasons hereinabove indicated, the parties
to this Supplemental Agreement do hereby agree to amend the Agreement
executed on or about July 11, 1991, as follows:
1. Exhibit "C" - Billing Rates shall be amended to include the
following job classification:
LABOR CATEGORY BILLING RATE
ENGINEER I $43.13
2. All other terms and conditions of the Agreement executed between
the City and Engineer on or about July 11, 1991, are hereby
ratified and except as above amended shall be and remain the same.
October 28, 1993
Page 939
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year above first written.
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/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony Williams
Anthony Williams, Assistant City Attorney
EG&G SPECIAL PROJECTS, INC.
BY:/s/ Elaine G. Harlan
Elaine G. Harlan
Contracts Manager
ATTEST:
r
/s/ Mark W. Badenhop
Mark Badenhop
Sr. Contracts Administrator
October 28, 1993
Page 940
RESOLUTION
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,
subject to Federal Aviation Administration approval, if necessary,
Supplemental Agreement No. 3 to Security and Computerized Access Control
System Improvements Engineering Services Agreement with EG&G Special
Projects, 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 28th 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
SUPPLEMENTAL AGREEMENT NO. 3
TO SECURITY AND COMPUTERIZED ACCESS CONTROL
SYSTEM IMPROVEMENTS ENGINEERING
SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of October 1, 1993, by
and between the CITY OF LUBBOCK, TEXAS, hereinafter called "City", and
EG&G SPECIAL PROJECTS, INC., a/k/a EG&G AVIATION SECURITY SERVICES,
hereinafter called "Engineer".
WITNESSETH
WHEREAS, on or about July 11, 1991, City and Engineer executed an
Agreement in which Engineer agreed to serve as City's professional
engineering representative to design and oversee the Security and
Computerized Access Control System Improvements described in Exhibit "A"
to such Agreement; and
WHEREAS, the Billing Rates found in Exhibit "C" to such Agreement
shall expire September 30, 1993: and
WHEREAS, the City desires for Engineer to continue it services to
City under said Agreement;
October 28, 1993
Page 941
NOW THEREFORE, for the reasons hereinabove indicated, the parties
to this Supplemental Agreement do hereby agree to amend Exhibit "C" of
the Agreement executed on or about July 11, 1991, as follows:
EXHIBIT "C" - BILLING RATES
LABOR CATEGORY BILLING RATE
PROGRAM MANAGER
$104.88
SENIOR ENGINEER
$
71.92
ENGINEER III
$
57.08
ENGINEER II
$
50.11
ENGINEER I
$
44.42
ENGINEER SPECIALIST
$
82.46
DESIGNER I
$------
DRAFTER IV
$
43.16
TECH ILLUSTRATOR III
$
46.55
DRAFTER III
$
32.12
ELECTRICAL TECH III
$
38.75
SECRETARY III
$
28.93
DATA TECHNICIAN
$
29.82
DESIGNER II
$
44.24
All other terms and conditions of the Agreement executed between
the City and Engineer on or about July 11, 1991, are hereby ratified and
except as above amended shall be and remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year above first written.
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/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony Williams
Anthony Williams, Assistant City Attorney
EG&G SPECIAL PROJECTS, INC.
BY:/s/ Elaine G. Harlan
Elaine G. Harlan
Contracts Manager
ATTEST:
/s/ Mark W. Badenhop
Mark W. Badenhop
Sr. Contracts Administrator
October 28, 1993
Page 942
EG&G Special Projects, Inc., was selected in July
1991 to engineer, design, and serve as the City's
resident project representative during the
construction of the security access control system.
On February 25, 1993, Supplemental Agreement Number
1 to the engineering contract was executed to
provide a continuation of construction phase
engineering and resident project representative
services by removing the upper limits fixed for
compensation for these services in the original
agreement which had been reached. In addition, the
hourly billing rates in the original agreement were
extended through September 30, 1993.
The general contractor, CEA, Inc., of Canton,
Massachusetts, did not complete construction, and
the engineer estimated that it would take several
more months to complete. As this project has lagged
in progress, it has become apparent that extended
engineering services would be needed. In May, 1993,
when the new completion date of April 15, 1993 was
not met, the Airport asked EG&G to assign lesser
skilled classification than an Engineer II costing
$48.65 per hour for RPR services as it is the City's
desire to continue engineering at the lowest
possible cost. EG&G responded by assigning an
Engineer I at $43.13 per hour, an hourly savings of
$5.52 over that of the Engineer II. Supplemental
Agreement Number 2 provides for the Engineer I
classification and billing rate of $43.13 per hour
beginning May 1, 1993.
Supplemental Agreement Number 3 provides for new
billing rates after September 30, 1993 when the
current rates expire. The new billing rates
negotiated with EG&G represent a 3 percent increase
over the current rates. Considering the current
rates have been in effect since July, 1991, and the
inflation rate over the past two years of more than
6 percent, a 3 percent increase in rates represents
a modest increase and reflects the City's interest
as well as that of EG&G to be as conservative as
possible during the extended period required for
construction.
CEA is more than 340 days past due in completing the
project and previous attempts to encourage and
assist them to complete the project have been
unsuccessful; the City is currently proceeding with
steps for termination of the contract.
Through the date of the last payment to CEA on June
17, 1993, CEA had requested payment in the
accumulative total amount of $1,074,090. Actual
payments have totaled $863,000, the difference which
represents a standard 5 percent retainage and a
withholding for liquidated damages of $1,000 per
day. Since that payment, withholding for liquidated
damages has all but exceeded the value of work
performed and no further payment has been approved.
October 28, 1993
Page 943
93-52B-943-780
(42.)
The difficulty with the general contractor
completing the project has had an impact on the
City's agreement with EG&G for engineering and
construction phase resident project representation.
The original budget for construction phase
engineering services based on a construction
contract completion date of October 23, 1992 was
$84,518. The extended construction period has
overrun this amount by a considerable margin to
approximately $225,000 as of September and may take
several more months depending on the outcome of
concluding or terminating the contract with CEA.
The difference between the final engineering cost
and the original budget of $84,518 would be a
subject for recovery as liquidated damages in the
event a settlement is not reached and an assessment
of liquidated damages is made.
These events have made it necessary for the City to
have the engineer closely observe the project and it
is particularly important to continue the services
of EG&G that the proposed supplemental agreements
will allow. In their September 15 meeting, the
Airport Board unanimously recommended the
supplemental agreements for City Council approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4304 as
recommended by staff. Motion carried: 5 Yeas; 0
Nays.
Arts Center.
RESOLUTION #4305
WHEREAS, the Lubbock Fine Arts Center has received a grant of
$5,075 from the Lubbock Arts Alliance; and
WHEREAS, an additional $6,500 is needed to match the grant from
the Lubbock Arts Alliance and to complete an assessment and formulate
master plan for facility development of the Fine Arts Center; and
WHEREAS, the Fine Arts Center affords the citizens of Lubbock and
other West Texas communities with a variety of artistic and cultural
programs; and
WHEREAS, the City Council has determined that it would be in the
public interest to transfer a portion of the City's hotel/motel tax
revenues to a Fine Arts Center account for the above described purposes;
NOW THEREFORE:
October 28, 1993
Page 944
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Council hereby authorizes and directs the transfer of
$6,500 in hotel/motel tax revenues to a Fine Arts Center account to
match a grant from the Lubbock Arts Alliance and to complete an
assessment and formulate a master plan for facility development of the
Fine Arts Center.
Passed by the City Council on this 28th 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 Osborn
Lee Osborn, Director of Parks
and Recreation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, the Lubbock Fine Arts
Center has received $5,075 from the Lubbock Arts
Alliance to complete an Assessment and Master Plan
for Facility Development. An additional $6,500 from
the Hotel/Motel tax dollars is being requested to
execute the plan.
The Center was opened in January, 1984 and presents
a wide variety of visual arts exhibitions and
cultural programs. The mission of the Center is to
present challenging, national and regional, artistic
and cultural programs that serve as a bridge between
people of cultures. The facility, located at 2600
Avenue P, is in need of improvements to repair
damage created by termites, a leaking roof, and the
age of the building.
Beyond the general condition of the building, Center
staff's ability to manage programs and insure the
safety of artwork is threatened by 1) the lack of
adequate storage space for artwork, shipping crates,
equipment and gallery stands; 2) the lack of
preparation space for unpacking or repacking crates
and handling incoming and outgoing artwork; 3) the
lack of an adequate heating and cooling system.
The condition of the building, coupled with the
shortage of any educational or meeting rooms hampers
staff's ability to manage current programs and
precludes the Center's ability to develop programs
that would encompass any additional educational
activities. The inaccessibility of the Center at
2600 Avenue P has also been identified as a critical
issue in the future of the Center and its ability tc
adequately serve the community.
October 28, 1993
Page 945
This project is intended to offer staff the
opportunity to assess and clarify the future of the
program. The results of the assessment will provide
the following:
1. A review of the community's cultural
resources and offerings and their
relationship to the Fine Arts
Center;
A look at the potential impact of
the community's cultural offerings
on tourism and on attracting new
businesses and residents to the
area;
3. An overview of the Fine Arts
Center's programs, facility and
physical limitations in the current
site:
4. An analysis of future needs one
year, five years, and ten years into
the future;
5. Recommendation of criteria for
minimum facility development based
upon the professional needs and
standards required for a Fine Arts
Gallery;
6. Recommendations on site
requirements;
7. A preliminary budget for expansion
and relocation;
8. An assessment of operating and
financial consequences;
9. An assessment of available funding
sources.
Staff anticipates completion of the needs assessment
and facility development plan for April 1994. At
that time, staff will return to Council with further
recommendations for the Fine Arts Center and its
programming for the City of Lubbock.
The undesignated fund balance for the Reserve for
Special Projects Fund in the Hotel/Motel Tax is
$255,656.86 as of August 31, 1993. If Council
chooses to approve this supplement, the balance
would be $249,156.86. The Legal Department has
reviewed the resolution and the expenditure meets
the requirements of state statutes for expenditures
of Hotel/Motel tax.
Capital Improvements on the Fine Arts Center
facility will need to be made within the next few
years in order to maintain the structural integrity
and safety of the building. Planning now will allow
the City to clarify options and impact on future
development. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4305,
subject to approval by the City Attorney's Office.
Motion carried: 5 Yeas: 0 Nays.
October 28, 1993
Page 946
The City Council recessed at 3:50 p.m. and reconvened as a regulatory
body.
93-52B-946-781
(43.) Consider an order setting electric rates for
Southwestern Public Service.
RESOLUTION #4306
ORDER AND RESOLUTION
WHEREAS, Southwestern Public Service Company has heretofore on
October 4, 1993, filed a Statement of Intent to change rates for
residential, commercial, industrial, and other retail customers for
usage on and after October 15, 1993; and
WHEREAS, such proposed change will result in an overall reduction
in electric rates of 2.9% for the customers of Southwestern Public
Service; and
WHEREAS, proposed change is not a major change requiring a public
hearing under the provisions of Article 43 of Vernon's Ann.Civ.St., Art.
1446c; and
WHEREAS, good cause exists for implementing such rates on an
interim basis in accordance with Southwestern Public Service Company's
rate change application, pending resolution of Docket No. 11520 at the
Public Utility Commission of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, pursuant to the provisions of Vernon's Ann.Civ.St., Art.
1446c, Southwestern Public Service Company shall be entitled to place
into effect for usage on and after October 15, 1993, its proposed
schedule of electric rates filed with the City Secretary of the City of
Lubbock on October 4, 1993, which rate changes are reflected on the
tariffs and schedules attached hereto. Such interim rates shall remain
in effect until the City Council enters an order and resolution
authorizing permanent rates. Southwestern Public Service Company will
file a supplemental application which will parallel orders entered by
the Public Utility Commission in Docket No. 11520.
Passed by the City Council this 28th 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/ Robert Massengale
Robert Massengale,
Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution
#4306. Motion carried: 5 Yeas; 0 Nays.
October 28, 1993
Page 947
93-52B-947-782
(44.)
RESOLUTION #4307
WHEREAS, Lubbock Power and Light has heretofore on October 5,
1993, filed a Statement of Intent to change rates for residential,
commercial, industrial, and other retail customers for usage on and
after October 15, 1993; and
WHEREAS, such proposed change will result in an overall reduction
in electric rates for the customers of Lubbock Power and Light; and
WHEREAS, good cause exists for implementing such rates in
conjunction with Lubbock Power and Light's rate change application,
pending resolution of Docket No. 11520 at the Public Utility Commission
of Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, Lubbock Power and Light shall be entitled to place into
effect for usage on and after October 15, 1993, its proposed schedule of
electric rates filed with the City Secretary of the City of Lubbock on
October 5, 1993, which rate changes are reflected on the tariffs and
schedules attached hereto. Such rates shall remain in effect until the
City Council enters an order and resolution authorizing amendment of
such rates.
Passed by the City Council this 28th 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/ Robert Massengale
Robert Massengale,
Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
Copies of the Tariffs are filed with Resolution No. 4307.
Several cities and larger industrial customers of
Southwestern Public Service Company (SPS) had
protested "excessive rates" before the Public
Utility Commission of Texas. As a result of these
protests and extensive negotiations, SPS has agreed
to reduce its rates. In accordance with City
Council policies, Lubbock Power and Light has
reduced its rates accordingly.
October 28, 1993
Page 948
The tariffs represent an overall reduction in the
base rates. A comparison of annual revenues show
that the proposed rates will result in a revenue
decrease of approximately $1,385,536 or 2.60 percent
per year. Based on the PUC recommendation and the
settlement between SPS and other cities, the rate
was implemented system -wide by SPS and LP&L on
October 15, 1993, and this action will be a
ratification of the October implementation date.
Staff recommended that the City Council approve the
tariffs. The SPS and LP&L rate reduction went into
effect October 15, 1993.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution
#4307. Motion carried: 5 Yeas; 0 Nays.
At 3:55 p.m, the Council adjourned as a regulatory body and reconvened
as City Council.
93-52B-948-783
(45.)
RESOLUTION #4308
WHEREAS, there has been enacted in the State of Texas a Property
Tax Code, V.A.C.S., relating to the ad valorem taxation of property; and
WHEREAS, the Property Tax Code, V.A.C.S., authorizes the
establishment of appraisal districts to be governed by a Board of
Directors; and
WHEREAS, the City of Lubbock is a taxing unit within the District
entitled to cast votes for the election of persons to the Board of
Directors of the District: and
WHEREAS, the City of Lubbock is desirous of casting its votes for
the election of persons to constitute the Board of Directors; and
WHEREAS, the Lubbock County Clerk has prepared a ballot of
candidates for the Board of Directors and has determined that the City
of Lubbock is entitled to cast 2124 votes in the election of the
District's Board of Directors: NOW THEREFORE:
October 28, 1993
Page 949
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 2124 votes of the City of Lubbock are cast for the
candidates for the Lubbock County Appraisal District Board of Directors
as follows:
NAME
Eugene Ehler
Richard Spikes
W.B. Criswell
NO. OF VOTES
834
834
456
THAT a copy of this Resolution BE submitted to the Lubbock County
Clerk before November 15, 1993 in order that the votes of the City of
Lubbock may be counted.
Passed by the City Council this 28th 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
The City has received the ballot for the election of,
five directors for the LCAD. Candidates are W. B.
Criswell, Eugene Ehler, Leroy Montoya, Marland
Ribble, and Richard Spikes. The City is required to
cast its votes in open meeting and report its vote
by written resolution and submit it to the Chief
Appraiser before November 15, 1993. The City may
cast all its votes for one candidate or distribute
the votes among any number of candidates named on
the ballot. No provision is made for write-in
candidates.
Staff recommended that Council cast 834 votes for
Eugene Ehler, 834 votes for Richard Spikes and 456
votes for W. B. Criswell.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution
#4308 as recommended by staff. Motion carried: 5
Yeas; 0 Nays.
93-52B-949-784
(46.) Hold an executive session, in accordance with
Article 6252-17, Sec. 2(g), VATS, to discuss
personnel matters (City Secretary and City
Attorney).
October 28, 1993
Page 950
93-52B-950-785
(47.)
There being no further business t come be
by Councilmember Ince, seconded b Council
the meeting at 4:40 p.m. Motion arried:
ATTEST:
Lt, a
etty o nson, City Secretary
Read and approved this the 11th day
ATTEST:
tty tq.ohnsort)City Secretary
Council, motion was made
r FWi to adjourn
a s A O ka��