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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/18/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 18, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 18th day of November, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tem Randy Neugebauer, Councilmember T. J. Patterson, Councilmember 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: Councilmember M. J. Aderton. Mayor Langston called the meeting to order at 10:20 A.M. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 93-52B-989-827 ( 4.) Jim Shearer L to present a Association. Jim Shearer and Tom Nichols, of CenterCorp, appeared to present a plaque from the Texas Downtown Association to the City Council. CenterCorp recently submitted an application to the Texas Downtown Association for an award for festivals that help promote the image and growth of downtown areas. Lubbock submitted an application for the 4th on Broadway festival and was one of three finalists (Lubbock, San Antonio, and Burton). At the Annual Texas Downtown Association Conference in Fort Worth on November 4, it was announced that Lubbock won the competition. ( 5.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Neugebauer to approve the minutes of the November 11, 1993 Regular City Council Meeting as written. Motion carried: 5 Yeas; 0 Nays-- Councilmember Ince absent from the Council Chambers. November 18, 1993 Page 990 93-52B-990-828 ( 6.) ORDINANCE #9673 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661-B; A ZONING CHANGE FROM A-2 LIMITED TO CHURCH USES AND R-1 TO C-3 SPECIFIC USE ZONING FOR A SUPER K-MART CENTER ON A TRACT OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-990-829 ( 7.) 93-52B-990-830 ( 8.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Neugebauer to pass on second and final reading Ordinance #9673 as recommended by P&Z and City staff. Motion carried: 5 Yeas: 0 Nays--Councilmember Ince absent from the Council Chambers. Area. This item was deleted from the agenda. RESOLUTION #4321 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND 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 1-42, Crown Heights Addition, made arrangements with Craft Development Corporation for the construction of paving improvements on certain streets, avenues and alleys dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above - mentioned Addition including the following streets, avenues and alleys: 56th Street from the East lip line of Peoria Avenue to the West lip line of Nashville Avenue, known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2035. Norfolk Avenue from the South lip line of 56th Street to the North Lip line of 58th Street, known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2035. Orlando Avenue from the South lip line of 56th Street to the North lip line of 58th Street, known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2035. The North -South alley between Orlando Avenue and Peoria Avenue from 56th Street to 58th Street, known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2035. The North -South alley between Norfolk Avenue and Orlando Avenue from 56th Street to 58th Street, known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2035. November 18, 1993 Page 991 The North -South alley between Nashville Avenue and Norfolk Avenue from 56th Street to 58th Street, known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2035. WHEREAS, the construction of the above improvements on the above - mentioned streets, avenues and 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 streets, avenues and 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. 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 18th day of November, 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, curb and gutter, and alley paving on: 56th Street from Peoria Avenue to Nashville Avenue. Norfolk Avenue from 56th Street to 58th Street. Orlando Avenue from 56th Street to 58th Street. The north -south alley between Orlando Avenue and Peoria Avenue from 56th Street to 58th Street. The north -south alley between Norfolk Avenue and Orlando Avenue from 56th Street to 58th Street. The north -south alley between Nashville Avenue and Norfolk Avenue from 56th Street to 58th Street. November 18, 1993 Page 992 93-52B-992-831 ( 9.) 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 Mayor Pro Tem Neugebauer to authorize Resolution #4321 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Council Chambers. RESOLUTION #4322 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 42, CROWN HEIGHTS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 42, Crown Heights Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $67,249.10, with the improvements constructed by Craft Construction Company having a value of $46,774.06, as determined by the unit prices established by said Chapter 28, and $10,475.05 cash paid to the City, which amount includes $9,544.11 for adjacent lines with Craft Development Corporation, 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 it the dMoUht of $O AU made 1h accordance with said Chapter 28. November 18, 1993 Page 993 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 18th day of November, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 93-52B-993-832 (10.) 93-52B-993-833 (11.) /s/ David R. Langston DAVID R. LANGSTON, MAYOR According to staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $57,249.10, including construction costs of $46,774.05 and $10,475.05 cash paid to the City of Lubbock (includes $9,544.11 for adjacent lines). The developer, Craft Development Corporation, 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 Mayor Pro Tem Neugebauer to authorize Resolution #4322 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Council Chambers. This item was deleted from the agenda. ORDINANCE #9675 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF BOSTON BOULEVARD LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING: PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. November 18, 1993 Page 994 93-52B-994-834 (12.) Mayor Pro Tem Neugebauer recused from discussion and voting on this item. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9675 as recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused; Councilmember Ince absent from the Council Chambers. RESOLUTION #4323 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 and all related documents by and between the City of Lubbock and Texas Department of Transportation for the construction of a (6) six lane roadway located at Indiana Avenue from 34th Street to 50th Street 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 18th day of November, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell Assistant City Attorney A copy of the Agreement between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 4323. November 18, 1993 Page 995 The City requested that this project be constructed with Federal Surface Transportation Program funds during the Transportation Improvement Program (TIP) process for FY 1994. In cooperation with the TxDOT, this project was selected for funding and placed on the FY 1995 TIP. The funding will be 80% federal in the amount of $2,004,000 and 20% local in the amount of $501,000, for a total cost of $2,505,000, exclusive of right-of-way cost. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The contract requires the State and City to meet the following requirements for this project. The State (TxDOT) is responsible for the preliminary engineering, plans, specifications, estimates, the preparation of an environmental assessment and to hold all necessary public hearings. TxDOT is also responsible for advertising and awarding of the construction contract as well as construction inspection. The City is responsible for the purchase of right-of-way, relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements) and environmental mitigation, if needed. Once the project is completed, the City will resume maintenance responsibility. Staff recommended approval of this contract. Staff estimated that the contract r will be awarded to a contractor in May, 1995. Motion was made by Councilmember Patterson, seconded by �- Councilmember Cooke to authorize Resolution #4323 as recommended by staff. Motion carried: 5 Yeas: 0 Nays--Councilmember Ince absent from the Council Chambers. November 18, 1993 Page 996 93-52B-996-835 (13.) RESOLUTION #4324 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 and all related documents by and between the City of Lubbock and Texas Department of Transportation for the construction of a (6) six lane roadway located at 98th Street from Indiana Avenue to FM 1730 (Slide Road) 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 18th day of November, 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 Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell Assistant City Attorney A copy of the Agreement between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 4324. The City requested that this project be constructed with Federal Surface Transportation Program funds during the Transportation Improvement Program (TIP) process for FY 1994. In cooperation with the TxDOT, this project was selected for funding and placed on the FY 1994 TIP. The funding will be 80% federal in the amount of $2,288,000 and 20% local in the amount of $572,000, for a total cost of $2,860,000, exclusive of right-of-way cost. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The contract requires the State and City to meet the following requirements for this project. The State (TxDOT) is responsible for the preliminary engineering, plans, specifications, estimates, the preparation of an environmental assessment and to hold all necessary public hearings. TxDOT is also responsible for advertising and awarding of the construction contract as well as construction inspection. November 18, 1993 Page 997 93-52B-997-836 (14.) The City is responsible for the purchase of right-of-way, relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements) and environmental mitigation if needed. Once the project is completed, the City will resume maintenance responsibility. Staff recommended approval of this contract. Staff estimated that the contract will be awarded to a contractor in May, 1994. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4324 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Council Chambers. RESOLUTION #4325 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 Option Contract and Memorandum of Option for the Medlock Farm, 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 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Option Contract and Memorandum of Option for the Medlock Farm is filed with Resolution No. 4325. November 18, 1993 Page 998 This land option contract is for land needed for the new landfill. This property is located five miles west of Abernathy, Texas and contains approximately 640 acres. The owner of this property is W.E. Medlock and wife Kaye, and the legal description of the property is All of Section 1, Block CK, Lubbock County, Texas. The terms of this land contract are as follows: 1. The contract is for 1,460 days or 4 years. 2. Purchase price for the property is $1,300 per acre. 3. The option price for the four years is $300 per acre or $75.00 per acre per year. Several real estate companies and individuals were contacted in the initial stages of the search for potential landfill sites and only a few would agree to a four-year option. Six -months to one-year is more typical a period to option land. One real estate company offered two tracts of land for sale for a four-year option period. The costs of the two options were $75 and $68.75 per acre per year. This matches the option amount the City is paying. Also, this option amount comes off of the sales price. After the City pays the option price for the four years, the purchase price for the land will be $1,000 per acre. Initially, Mr. Medlock offered the land at $1,500 per acre plus the option money. A short time back, Waste Management Company approached Mr. Medlock about the option on this same tract of land due to its location and terrain for a future landfill. According to the consulting engineer working with the Solid Waste Department, this location and the section of land to the south is a prime location for the landfill. Due to Mr. Medlock's tax situation, his attorney has advised him to take all of the four-year option money in one payment at the date of signing of this contract, which at $300 x 640 acres would amount to $192,000. November 18, 1993 Page 999 4. Sellers own 50% of the mineral rights. The other 50% of the mineral rights are owned by 56+ other individual and/or trusts. There is a deed restriction (covenant) which runs with the land which was granted to Mr. Medlock in 1974 from the original owner which states that it takes 75% of the mineral owners to execute a contract. This covenant will therefore give the City control over the mineral rights leasing of this land and over the other mineral owners. This is referred to as Executive Leasing Rights. They will convey all of this interest at closing. The seller also desires to participate in a land exchange for tax purposes at the time of closing. A real estate agent will assist the City with the land exchange. All water rights will be conveyed at closing. Service Title Company has verified all of these interests. 5. No improvements are on the property. 6. The property is presently in CRP (Conservation Reserve Program). After the City purchases the property, any remaining CRP payments become the property of the City. 7. This contract allows the City or its contractor to perform any environmental, historical, and archaeological studies of the property. There is a remote chance that some archaeological work might be necessary along the east side of the property. 8. A Memorandum of Option is also to be signed by all parties for recording in the Deed Records in the Courthouse. Staff have been assured by landfill engineering consultants that a landfill permit will be approved within this four-year time period. The Right -of -Way Department recommended the acceptance of this land option contract. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4325 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Council Chambers. November 18, 1993 Page 1000 93-52B-1000-837 (15.) RESOLUTION #4326 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 Option Contract and Memorandum of Option for the Anderson Farm, 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 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Option Contract and Memorandum of Option for the Anderson Farm is filed with Resolution No. 4326. This land option contract is for approximately 640 acres of land needed for the new landfill. This land is located five miles west of Abernathy and one mile south. Owners of this farm are Edmond A. Anderson and wife, Helen Anderson; Henry Louis Anderson, Eric V. Anderson and wife, Frieda Anderson; L. Wilmer Anderson and wife, Margaret Anderson; Lester Anderson, Louis Carl Anderson, Mary Elizabeth Anderson Durant, and Bessie Louis Anderson Tavaska. The legal description for this property is all of Section 1, Block P, Lubbock County, Texas. The terms of this land contract are as follows: 1. This contract is for 1,460 days or four years. 2. Purchase price for the land is $1,300 per acre. November 18, 1993 Page 1001 3. The option price for the four -years is $300.00 per acre or $75.00 per acre per year. The owners have agreed to accept the option payment one-year at a time in the amount of $48,000.00 per year. This option payment will be deducted from the sales price. If all four year's option money is paid in full to the Andersons, then the purchase price per acre will be $1,300 - $300 = $1,000. Total purchase price at closing will be $1,300 x 640 = $832,000 - $192,000 (4-years option money) _ $640,000. 4. Sellers own all the minerals and they will convey their interests at closing. All water rights are also to be conveyed. 5. A few old farm structures and one old residence are on the property. The residence does not belong to the Andersons but will be dealt with separately by the City. 6. The land is all in cultivation, and the sellers reserve the right to the crop income for each year until the farm is sold. 7. This contract gives the City the right to survey the land and if the acreage is less than 640 acres, the City has to pay for that amount only. It also gives the City the right of ingress and egress to perform any environmental, historical, or archaeological assessment studies. 8. A Memorandum of Option is to be signed by all parties for recording in the Deed Records in the Courthouse. The Right -of -Way Department recommended the acceptance of this contract. According to the landfill consulting engineering firm, this is the first recommended site of the original 14 sites evaluated for a landfill. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4326 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Ince absent from the Council Chambers. November 18, 1993 Page 1002 93-52B-1002-838 (16.) RESOLUTION #4327 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Lubbock Housing Authority to provide up to $500,000.00 from the Department of Housing and Urban Development HOME Funds for the rehabilitation of the Lexington and Normandy Apartments. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Interim Director Housing and Community Development APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Assistant City Attorney A copy of the Agreement between the City of Lubbock and the Lubbock Housing Authority is filed with Resolution No. 4327. Doug Goodman, Interim Director of Housing and Community Development, presented staff comments. At the City Council meeting of March 26, 1992 the Council adopted a Resolution authorizing the Mayor to execute and submit the 1992 HOME Investment Partnerships Program Application. The grant application to the Department of Housing and Urban Development was for $1,066,000. At that time, the Program Description did not include a specific program design or budget figures. It was reported that the specific program design would be developed and presented for review by the Neighborhood Redevelopment Commission. November 18, 1993 Page 1003 93-52B-1003-839 (17.) At the Neighborhood Redevelopment Commission Meeting of April 21, 1992, a Program Description and a HOME Funding Plan of Activities was approved. Council authorized an amendment to the 1992 HOME Program Description at its meeting of November 12, 1992 as follows: Allocation of 1992 HOME funds as originally proposed: Owner Occupied Rehabilitation $ 216,000 Rental Occupied Rehabilitation 300,000 New Construction 250,000 First -Time Homebuyers 300,000 TOTAL $1,066,000 The amended 1992 HOME Program budget as approved is: Owner Occupied Rehabilitation $ 406,100 Rental Occupied Rehabilitation 500,000 New Construction 0 First -Time Homebuyers 0 CHDO Set Aside 159,900 TOTAL $1,066,000 At the time of the amendment it was reported to Council that the availability of two RTC properties (Lexington and Normandy Apartments) made the need for the funding amendment in order to assist the Housing Authority with the funding for the rehabilitation of the projects once the properties were acquired from RTC. On October 29, 1993 the Housing Authority acquired the Lexington and Normandy Apartments from the RTC. The Housing Authority is ready to begin the rehabilitation work. The Housing and Community Development Department staff recommended approval of this Resolution and Agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4327 as recommended by staff. Motion carried: 4 Yeas; 2 Nays --Mayor Pro Tem Neugebauer and Councilmember Ince. RESOLTUION #4328 WHEREAS, the Brazos River Authority did enter into an agreement with the City of Lubbock on the 11th day of May, 1989, for the construction, operation and management of Lake Alan Henry; and WHEREAS, the Brazos River Authority and the City of Lubbock did enter into Amendment No. 1 to said contract dated the 27th day of February, 1992, wherein the Brazos River Authority was given authority to obtain subordination and facility acquisition of mineral interests; and WHEREAS, the City of Lubbock and Brazos River Authority did enter into Amendment No. 2 on the 28th day of May, 1992, wherein the Brazos River Authority was given approval to acquire the fee title of mineral interests when such fee title was required; and November 18, 1993 Page 1004 WHEREAS, the Brazos River Authority has asked for clarification as to the intent of the two amendments as they apply to and concern the acquisition of mineral leasehold interests; and WHEREAS, the City of Lubbock is desirous of clarifying its understanding of the two provisions; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT THE ACQUISITION BY THE BRAZOS RIVER AUTHORITY OF MINERAL LEASEHOLD INTERESTS, BEING LESS THAN FEE ACQUISITION, SHALL FOR THE PURPOSES OF THE AGREEMENT AND THE AMENDMENTS ABOVE RECITED BE CONSIDERED A SUBORDINATION IN ACCORDANCE WITH THE PROVISIONS OF AMENDMENT NO. 1 TO THE ABOVE MENTIONED CONTRACT. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT IT INTERPRETS THE ACQUISITION OF ANY MINERAL INTEREST LESS THAN FEE ACQUISITION TO BE COVERED BY AMENDMENT NO. 1 AND TO BE A SUBORDINATION OF MINERAL INTERESTS. Passed by the City Council this 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney John C. Ross, Jr., City Attorney, presented staff comments. The City of Lubbock executed a contract with Brazos River Authority on May 11, 1989, for the construction operation and management of Lake Alan Henry. Subsequent to the execution of this contract, the City and the Brazos River Authority executed Amendment No. allowing the Brazos River Authority to subordinate mineral interests necessary in the acquisition of construction of said facility. On May 20, 1992, the City executed a second amendment to the initial contract authorizing the Brazos River Authority to acquire fee ownership including minerals. The Brazos River Authority has pointed out that acquiring mineral leasehold interests is not acquiring fee ownership and their view is that such acquisition would fall under Amendment No. 1 including the subordination of mineral interests. November 18, 1993 Page 1005 93-52B-1005-840 (18.) The Brazos River Authority has asked for the City to clarify the meaning of "mineral leasehold interests" as used in the above contract and amendments so that all parties will have the same understanding in interpreting this contract. The proposed resolution indicates that the City agrees that acquisition of mineral leasehold interests being less than the fee acquisition shall be treated under Amendment No. 1 to the contract. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4328 as recommended by staff. Motion carried: 5 Yeas: 1 Nay--Councilmember Hernandez. RESOLUTION #4329 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 Cooperative Agreement by and between the City of Lubbock and the National Windmill Project, 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 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ David Ellison David Ellison, Assistant City Manager for Management Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney. THE STATE OF TEXAS § COOPERATIVE AGREEMENT COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into by and between the City of Lubbock, Texas, (hereinafter called "City") and the National Windmill Project, Inc., (hereinafter called "NWP"), all acting herein by and through their duly authorized officers and officials. November 18, 1993 Page 1006 WHEREAS, NWP plans to build a windmill museum on the Texas Tech University Campus adjacent to the present Ranching Heritage Center; and WHEREAS, NWP has the ability to acquire some 50 windmills from Mitchell, Nebraska, to serve as the nucleus of the museum; and WHEREAS, NWP believes the proposed windmill museum will encourage tourists and convention delegates to visit Lubbock in order to see the windmills on display in and around the museum; and WHEREAS, Section 351.101(a)(5) of the Tax Code provides that revenue from the municipal hotel occupancy tax may be expended upon al restoration and preservation projects and museums located in a municipality that would be frequented by tourists, convention delegates, or other visitors to the municipality; and WHEREAS, it is the opinion of the NWP that such a facility might attract as many as 200,000 additional visitors to Lubbock annually and that the International Windmillers Association also may desire to conduct conventions and other meetings in Lubbock; and WHEREAS, both parties to this Agreement believe that such a project will promote tourism and the convention and hotel industry of the City of Lubbock; and WHEREAS, the City Council finds that execution of this agreement will not require the expenditure of more than 15% of the available hotel occupancy tax revenues for Section 351.101(a)(5) purposes, which is prohibited by Section 351.103(c) of the Tax Code; and WHEREAS, funding of such projects is authorized by law: NOW THEREFORE: WITNESSETH: The parties hereto mutually agree that financial assistance shall be provided by the City to NWP and accepted by NWP upon the following terms and conditions, to -wit: 1. CONTRIBUTION. The City shall contribute a total sum of not more than sixty-five thousand dollars ($65,000.00) to NWP to be used in conjunction with this project. This sum will be paid in an increment of fifty thousand dollars ($50,000.00) for a portion of the purchase price of such windmill collection at Mitchell, Nebraska, upon receipt of written verification by NWP that they have in hand the entire amount of $225,000.00 necessary to purchase the said windmill collection. The City will make such payment within ten (10) days of receipt of such notification by NWP. The other increment of fifteen thousand dollars ($15,000.00) will be paid to NWP upon receipt of written verification from NWP that the windmill collection has been transported to Lubbock. Payment of such amounts shall be subject to the contingencies contained herein. 2. DUTIES OF NWP. NWP shall be responsible for the following matters: (a) Obtaining sufficient funding to purchase the windmill collection at Mitchell, Nebraska, as planned November 18, 1993 Page 1007 (b) Transportation of said windmill collection to Lubbock from Mitchell, Nebraska. (c) Proper handling and storage of the said windmill collection until such time as the proposed museum facility upon the campus of Texas Tech University is completed. (d) Obtaining sufficient funding to support the construction and maintenance of the proposed museum facility upon the campus of Texas Tech University. (e) In the event that such museum facility shall not be constructed within four (4) years or the collection is ever sold for any reason, NWP hereby agrees to refund to the City of Lubbock the entire amount of $65,000. 3. INDEMNIFICATION. The parties hereto agree to be responsible for the actions of their own officers, employees, agents and members and to hold the other party harmless from any claims, damages or liability of any nature whatsoever stemming from its own activities pursuant to this Agreement. 4. TERMINATION. This Agreement may be terminated by the City for violation of the terms of this Agreement. Written notice of such violation shall be mailed to NWP by certified mail. In the event NWP fails to correct any such violation within ten (10) days, the City may give written notice that the Agreement is terminated. Following delivery of the notice of termination, the City shall have no further liability for payments to NWP. 5. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no privity of endeavor whatsoever between the City and NWP and that the sole connection between the parties is the contribution of money and the provision of services under the restricted conditions state herein set forth and that such contribution and services are for the sole purpose set forth herein, and it shall in no way be construed as a continuing basis for financial support. 6. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties hereto, and this instrument may be altered, changed or amended only by written agreement of the parties. 7. TERM. In the event that NWP has not purchased and transported the windmill collection located in Mitchell, Nebraska and a museum facility at Texas Tech University has not been constructed and endowed within four (4) years, this Agreement shall become null and void and of no effect and the amount of $65,000 shall be reimbursed to the City. November 18, 1993 Page 1008 EXECUTED this 18th day of November, 1993, in Lubbock, Texas. NATIONAL WINDMILL PROJECT, INC.: By: /s/ Billie Wolfe Title: President ATTEST: /s/ Georgia S. Ericson Corporate Secretary CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ David Ellison David Ellison, Assistant City Manager for Management Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney David Ellison, Assistant City Manager, presented staff comments. At the November 11, 1993 City Council work session, the National Historic Windmill Project made a presentation to the City Council regarding their efforts to build a windmill museum on the Texas Tech University campus. The City Council came to a consensus to proceed with funding this project and instructed staff to draft an agreement between the City and the National Historic Windmill Project, Inc. The source of funding will come from hotel/motel tax funds. The agreement specifies the purpose of the funding, payment schedules, and reporting requirements. The group is requesting $65,000 in Hotel/Motel monies to contribute to the $225,000 cost of purchasing and transporting 50 historical windmills to Lubbock from Mitchell, Nebraska. The total cost of the entire windmill museum project is estimated at $3 million; the timeframe for completion is four years. The state statute governing hotel/motel tax specifies five specific areas for which hotel tax funds can be used: acquisition, construction, and operation of a convention center, funding of facilities and personnel for convention registrants, promotion for convention and visitors activities, promotion of the arts, and historic preservation. Staff has reviewed relevant state statutes, and believe that partial funding in the amount of $65,000 to the National Historic Windmill Project for the purchase of the windmill collection is an authorized expenditure of these funds. The current reserve balance from the Hotel/Motel Tax Reserve Fund is as follows: November 18, 1993 Page 1009 Total 1221 Fund Balance - 9/30/93 1221-$801,653 Reserve - Cultural Center ($500,000) Reserve - Sculpture Lakesite ($100,000) Reserve - Trolley ($ 37,000) Reserve - Diamond M Collection ($ 50,000) Unreserved Balance 9/30/93 $114,653 Details of the agreement include a reimbursement provision if the $3 million project is not completed, a four year timeframe within which the project should be completed, and performance criteria for the windmill organization to follow. According to staff memo, the proponents indicated a need for authorization to expend the funds when the "first phase" of fund raising is completed. It is their intent to purchase the windmills and transport them to Lubbock at a total cost of $225,000. Staff noted that this would occur before the balance of the $3 million has been raised. However, in the event that fund raising efforts failed to raise the remaining amounts, the City's portion would be reimbursed after the items purchased are sold. This is somewhat different from staff's interpretation and is not reflected in the contract. Should Council elect to pursue this approach, the Council motion may instruct staff to make the appropriate contractual revisions prior to execution of the documents. Staff recommended approval, with resolution of the above issue. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4329, stipulating that in the event the project does not come to fruition, the City will be reimbursed for its contribution. Motion carried: 6 Yeas; 0 Nays. November 18, 1993 Page 1010 93-52B-1010-841 (19.) RESOLTUION #4330 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Temporary Interlocal Cooperation Agreement and all related documents by and between the City of Lubbock and Lubbock County, Texas to to cooperate in the provision of magistrate services for the City of Lubbock, which agreement 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 18th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass to Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Temporary Interlocal Cooperation Agreement between the City of Lubbock and the County is filed with Resolution No. 4330. Bob Cass, City Manager, presented staff comments. For a number of years, the City of Lubbock has budgeted approximately $70,000 in the Municipal Court budget for the purpose of providing night magistrate services. This arrangement grew out of an earlier discussion between Lubbock County and the City of Lubbock regarding the transfer of City prisoners arrested by the City of Lubbock Police Department to the County Sheriff's Office. State law requires that those individuals be arraigned before the Sheriff is obligated to take them into his custody. This arrangement was chosen because state law requires that a magistrate (in this case, the Municipal Court Judge) operates the program. November 18, 1993 Page 1011 93-52B-1011-842 (20.) 93-52B-1011-843 (21.) 93-52B-1011-844 (22.) 93-52B-1011-845 (22A.) 93-52B-1011-846 (23.) Ken Johnson, Municipal Court Judge, has recently decided to eliminate the program, which places the City in something of a bind in that the County Sheriff is still not obligated to take prisoners arrested by City of Lubbock police until they have been arraigned. The agreement before Council provides for an arrangement whereby the City will compensate Lubbock County for operating a magistrate program for a period of 120 days. This will give the staff time to discuss a more permanent arrangement with Lubbock County. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4330. Motion carried: 6 Yeas; 0 Nays. This item was deleted from the agenda. This item was deleted from the agenda. It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item until December 9. Board of Health Plumbing Board Lubbock Cultural Affairs Council Board of Electrical Examiners Neighborhood Redevelopment -Urban Renewal -Southeast Lubbock Development Corporation November 18, 1993 Page 1012 93-52B-1012-847 (24.) 93-52B-1012-848 (25.) 93-52B-1012-849 (26.) 93-52B-1012-850 (27.) 93-52B-1012-851 (28.) It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item for a future agenda. It was consensus of Council to hold this item for a future agenda. The There being no further business to come Councilmember Patterson, seconded by meeting at 3:15 p.m. Motion carrie absent from the Council Chambers. - ATTEST: ettJohNson, City Secretary Read and approved this the 9th day ATTEST: &—I,— A— C�( etty o n on, City ecretary November 18, 1993 Page 1013 before Council, motion was made by leember Ince to adjourn the 5 Yea • 0 Nays --Cow member Cooke