HomeMy WebLinkAboutMinutes - City Council - Regular - 1/27/1994JANUARY 27, 1994
PAGE 26
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 27, 1994
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 27th
day of January 1994 in the City Council Chambers, first floor, City Hall, 1625 13th
— Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer,
Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember
M. J. Aderton, Councilmember Max L. Ince, Councilmember Alex Cooke, City
Manager Bob Cass, City Attorney John C. Ross, Jr. and City Secretary Betty M.
Johnson.
Mayor Langston called the meeting to order at 10:36 A.M.
( 1.) The Invocation was given by Councilmember T. J. Patterson.
( 2.) The Pledge of Allegiance was given in unison by those in the Council
Chambers.
( 3.) Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the minutes of the January 13, 1994,
Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Consider Resolution #4362 accenting paving improvements constructed by
Williams and Peters Construction Co., Inc., in Oak Terrace, Lots 1-65.
RESOLUTION #4362
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 1-65, Oak Terrace
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
of the above -mentioned Addition, including the following streets and avenues:
94th Street from the East end of radius of Avenue X to the West lip line of
Avenue U, known and designated as New Subdivision Sub -Unit Number
97 of Unit Number 2035.
The West half of Avenue U from the South end of radius of the alley South
of 93rd Place to the South end of radius of the alley South of 94th Street,
known and designated as New Subdivision Sub -Unit Number 98 of Unit
Number 203 5.
Avenue V from the South lip line of 94th Street to the South end of radius
of the alley South of 94th Street, known and designated as New
Subdivision Sub -Unit Number 99 of Unit Number 2035.
Avenue W from the South end of radius of the alley South of 93rd Place to
the North lip line of 94th Street, known and designated as New Subdivision
Sub -Unit Number 01 of Unit Number 2036.
JANUARY 27, 1994
PAGE 27
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 is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct the payment of the City's portion of the cost in the amount of $2,287.50 to the
Contractor.
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 27th day of January, 1994.
/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
+omw Harold Willard, Assistant City Attorney
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:
94th Street from Avenue X to Avenue U.
The west half of Avenue U from the alley south of 93rd Place to the alley south of
94th Street.
Avenue V from 94th Street to the alley south of 94th Street.
Avenue W from the alley south of 93rd Place to 94th Street.
City cost in the amount of $2,287.50 is due to the contractor upon this acceptance.
This City participation is for the extra width portion of the designated collector
street, Avenue U, which is in conformance with existing paving policies.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize Resolution #4362 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
JANUARY 27, 1994
PAGE 28
( 5.) ORDINANCE #9679--Installing a school crosswalk and a reduced speed zone
on University Avenue at Baylor Street adiacent to Cavazos Junior High
School.
ORDINANCE #9679
AN ORDINANCE ESTABLISHING A 30 MPH SCHOOL SPEED ZONE ON
UNIVERSITY AVENUE AT THE LOCATION HEREIN DESCRIBED. -
AUTHORIZING PLACEMENT OF SCHOOL SPEED LIMIT SIGN BEACONS AND
OTHER SIGNS AND MARKERS IN ACCORDANCE WITH CITY POLICIES;
PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT SUCH CONFLICT
EXISTS; PROVIDING THAT ALL HIGHWAYS OR STREETS NOT SPECIFICALLY
MENTIONED HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS OF
THIS ORDINANCE; PROVIDING THAT THE SCHOOL SPEED LIIVIIT ZONES
HEREBY ESTABLISHED SALL BE CUMULATIVE EXCEPT WITH THOSE WITH
WHICH IT SPECIFICALLY CONFLICTS, AND PROVIDING A SAVINGS CLAUSE.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to pass on second and final reading Ordinance #9679 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
( 6.) ORDINANCE #9680--Authorizing the installation of a traffic signal at the
intersection of I-27 and 66th Street.
ORDINANCE #9680
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT I-27 AND
66TH STREET; AND PROVIDING FOR PUBLICATION.
1
�.. Motion was made by Councilmember Patterson, seconded by Councilmember Ince
pass on second and final reading Ordinance #9680 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
( 7.) BID #12731--Annual Pricing for Distribution Transformers (Electric
Distribution).
Cooper Power Systems, Wesco, J. J. Electric Agent, Preferred Sales, Techline,
Vantran Electric and Temple.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize low bids meeting specifications as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
( 8.) BID #12745--Annual Pricing for Irrigation Supplies (Parks and Recreation).
Goldthwaites--Rainbird, Whole Goods Category IV; Rainbird, Whole Good
Category VI; Rainbird, Whole Goods Category VII; Wilkins, Whole Goods.
O'Tool Plastic Pipe, Inc. --Toro Whole Goods; Toro Repair Parts; Rainbird, Whole
Goods Category V; Weathermatic, Whole Goods; Weathermatic, Repair Parts;
Nelson, Whole Goods; Nelson, Repair Parts; Nelson, Accessories; Western Brass,
Accessories; Febco, Whole Goods; Febco, Repair Parts; Febco, Accessories;
Solatrol, Whole Goods; Solatrol, Repair Parts.
Watermaster Irrigation--Rainbird, Whole Good Category I; Rainbird, Whole
Goods Category III; Rainbird, Whole Goods Category VIII; Rainbird, Repair
JANUARY 27, 1994
PAGE 29
Parts; Hardie, Whole Goods; Hardie, Repair Parts; Western Brass, Whole Goods;
Wilkins, Repair Parts; Solatrol, Accessories.
Western Industrial Supply --Toro Accessories; Rainbird, Whole Goods Category
II; Rainbird, Accessories; Weathermatic, Accessories; Hardie, Accessories,
Western Brass, Repair Parts; Wilkins, Accessories.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize low bids meeting specifications as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
( 9.) BID #12754--Annual Pricing for Fire Hydrants and Parts (Central
Warehouse).
Western Industrial— 11 ea. H84 Shoe Gaskets; 5 ea. A-301-00 Muellar Repair Kit;
1 ea. A-320-01 Muellar Extension Kit; 1 ea. 2' Extension H, 5 1/4" Muellar; 4 ea.
54-63-2-1 Cover and Housing Cober; 18 ea. 54-62-39-7 Darling Breakable Bolts;
17 ea. 84-39-1 Darling Barrel Gasket; 10 ea. Bolt -Break -Away with Nut Cad
Plated.
Morrison Supply--34 ea. No. 11 MH Packing Plate Gasket; 9 ea. No. 30 MH Main
Valve; 16 ea. No. 32 MH Valve Rod Nut; 5 ea. 12" MH Extension; 1 ea. 18" MH
Extension; 1 ea. 5 1/4" MH Repair Kit; 3 ea. 3 1/2' Lower Stem; 3 ea. 4' Lower
Stem; 1 ea. 4 1/2' Lower Stem; 3 ea. No. 40 Breakable Coupling; 20 ea. No. 46
Bolt and Nut for M & H Coupling; 3 ea. 5 1/4", 3 1/2' Fire Hydrant; 5 ea. 5 1/4",
4' Fire Hydrant; 23 ea. 5 1/4", 4 1/2" Fire Hydrant; 1 ea. 5 1/4", 2 1/2" Fire
Hydrant; 9 ea. 6" x 4" MJ Tapping Sleeve; 6 ea. 8" x 4" MJ Tapping Sleeve; 2 ea.
12" x 6" MJ Tapping Sleeve; 10 ea. 8" x 4" MJ Tapping Sleeve; 2 ea. 8" x 6" MJ
Tapping Sleeve, AC; 4 ea. 4" Flanged End Gate Valve; 3 ea. 6" Flanged End Gate
Valve; 4 ea. 6" MJ to Flanged End Gate Valve; 35 ea. 2" Screwed End Gate
ti... Valves; 10 ea. 6" MJ Gate Valve; 8 ea. 8" MJ Gate Valve; 3 ea. 12" MJ Gate
Valve; 36 ea. 4" MJ Tapping Valve with Gaskets and Bolting.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize low bids meeting specifications as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(10.) BID #12785--Maxey Ballfield Lighting, and authorize same (Park
Development).
RESOLUTION #4363
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 Row -Wall Electric Company of Lubbock to
furnish and install all materials as bid for the Maxey Ballfield Lighting 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 27th day of January, 1994
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
JANUARY 27, 1994
PAGE 30
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
THIS AGREEMENT, made and entered into this 27th day of January, 1994, 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 Row Wall Electric Co., 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. 12785 -- Maxey Ballfield Lighting in the amount of $196,572.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Lan sg ton
Secretary Mayor
JANUARY 27, 1994
PAGE 31
APPROVED AS TO CONTENT:
/s/ Russell Howard
APPROVED AS TO FORM: CONTRACTOR:
/s/ Don Vandiver ROW WALL ELECTRIC, INC.
By: /s/ Lynn B. Rowan
Title: President
COMPLETE ADDRESS:
Box 1914
ATTEST: Lubbock, Texas 79408
/s/ M. Rowan
Corporate Secretary
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize Resolution #4363 as recommended by staff. Motion carried: 7 Yeas.-
0 Nays.
(11.) BID #12786--26th Street Bridge Concrete Drainage Structure and Fencing.
and authorize same (Street Drainage and Engineering).
RESOLUTION #4364
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 Craze Construction Company of Lubbock,
Texas to furnish and install all materials as bid for the 26th Street Bridge -Concrete
Drainage Structure and Fencing 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 27th day of January, 1994.
/s/ David R. Lan sg ton
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
JANUARY 27, 1994
PAGE 32
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 27th day of January, 1994, 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 Craze Construction, Inc., 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. 12786 -- 26th Street Bridge - Concrete Drainage Structure and Fencing in the
amount of $19,950.00
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 Hertel
APPROVED AS TO FORM:
/s/ Don Vandiver
ATTEST:
/s/ Shirley Craze
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan sg ton
Mayor
CONTRACTOR:
CRAZE CONSTRUCTION, INC.
By: /s/ Bob Craze
Title: President
COMPLETE ADDRESS:
3908 97th
Lubbock, Texas 79423
JANUARY 27, 1994
PAGE 33
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize Resolution #4364 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
(12.) BID #12798--Municipal Court Renovations, and authorize same (Building
Services).
RESOLUTION #4365
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 Pharr and Company of Lubbock, Texas to
furnish and install all materials as bid for the Municipal Court Renovations 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 27th day of January, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
6=0 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 §
THIS AGREEMENT, made and entered into this 27th day of January, 1994, 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 Pharr Construction Co., Inc., 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. 12798 -- Municipal Court Office Renovations in the amount of $42,792.00
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,
JANUARY 27, 1994
PAGE 34
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
APPROVED AS TO FORM:
/s/ Don Vandiver
ATTEST:
/s/ Jackie Miller
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan sg ton
Mayor
CONTRACTOR:
PHARR CONSTRUCTION CO., INC.
By: /s/ Jimmy R. Pharr
Title: President
COMPLETE ADDRESS:
P.O. Box 2791
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize Resolution #4365 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
(13.) BID #12799--West Entrance Bridge Renovation at Lubbock Memorial Civic
Center, and authorize same (Civic Center).
RESOLUTION #4366
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 Birchwood Construction Company of Lubbock,
Texas to furnish and install all materials as bid for the West Entrance Bridge Renovation at
the Lubbock Memorial Civic Center 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.
JANUARY 27, 1994
PAGE 35
Passed by the City Council this 27th day of January, 1994.
/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
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 27th day of January, 1994, 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 Birchwood Construction Company, 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
1=00 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. 12799 -- West Entrance Bridge Renovation -Lubbock Memorial Civic Center in
the amount of $57,501.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
JANUARY 27, 1994
PAGE 36
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
APPROVED AS TO FORM: CONTRACTOR:
/s/ Don Vandiver Birchwood Construction Company
By:
Title: President
COMPLETE ADDRESS:
5313 50th Street, Suite D-6
ATTEST: Lubbock, Texas 79414
Secretary
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize Resolution #4366 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
(14.) BID #12816--Westin2house CM-22 Network Protectors (Electric
Distribution).
Westinghouse Supply Company--1 ea. Rebuilt CM-22 Network Protector; 2 ea.
New CM-22 Network Protectors.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize low bid meeting specifications as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(15.) BID #12823--GIS Workstations (Information Services).
Intergraph Corporation --Total Bid.
Motion was made by Councilmember Patterson, seconded by Councilmember Ince
to authorize low bid meeting specifications as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(16.) Zone Case No. 2719 (northeast corner of 82nd Street and Universi
Avenue) --Hold a public hearing to consider request of David Govette (for
IBERO Realty, Inc.) for a zoning change from C-2 to C-3 for a retail
shopping center on an 11.074 acre tract in Section 4. Block E. and consider
ordinance.
This item was deleted from the agenda.
JANUARY 27, 1994
PAGE 37
(17.) ORDINANCE #9682--Zone Case No. 2720 (5801 8th Street) --Hold a public
hearing to consider request of Blas J. Gomez (for Lubbock Seventh-Day
Adventist Church) for a zoning change from R-1 to A-2 for church and
church related uses on Lot A, Travis Tubbs Addition, and a portion of
Section 9, Block JS, and consider ordinance.
ORDINANCE #9682
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2720; A ZONING CHANGE FROM R-1 TO A-2
ZONING, FOR A CHURCH AND CHURCH RELATED USES ON LOT A, TRAVIS
TUBBS ADDITION AND A PORTION OF SECTION 9, BLOCK JS, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opended by public hearing at 10:40 a.m.
Blas Gomez appeared on behalf of Lubbock Seventh-Day Adventist Church to
present this request for zone change from R-1 to A-2.
No one appeared in opposition. Mayor Langston closed the hearing at 10:42 a.m.
Randy Henson, Senior Planner, presented staff comments. This is an existing, non-
conforming church. Adjacent land uses:
North - residential
South - residential
East - vacant commercial
West - residential
The request conforms with both the Comprehensive Land Use Plan and zoning
policies. The Plan guidelines for churches include the activity being perimeter to
neighborhood locations and adjacent to thoroughfares. This parcel meets both
guidelines. The project should have little effect on traffic in the area.
The Planning and Zoning Commission recommended approval of this request by a
vote of 9-0 subject to the following conditions:
Limited to church and church related uses.
Staff supported the P&Z recommendation.
Motion was made by Councilmember Cooke, seconded by Councilmember
Patterson to pass on first reading Ordinance #9682 with conditions recommended
by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Ordinance #9683 abandoning and closing a portion of a drainage
easement located in Section 15, Block E-2 (9209 Slide Road).
ORDINANCE #9683
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
DRAINAGE EASEMENT LOCATED IN SECTION 15, 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 PUBLICA-
TION.
JANUARY 27, 1994
PAGE 38
Ed Bucy, Right -of -Way Agent, presented staff comments. This ordinance
abandons and closes a portion of a 60-foot wide drainage easement located just
east of Slide Road and north of 93rd Street and adjacent to the Lakeridge Country
Club Estates. This area being closed measures approximately 20 feet by 298 feet
and contains 5,964 square feet. This area is being closed for platting purposes and
the proponent of this closure is Lakeridge Country Club Estates, the original
dedicator. Our Street/Drainage Engineering Department has no problems with this
closure.
The Right -of -Way Department recommended passage on first reading of this
ordinance.
Motion was made by Councilmember Aderton, seconded by Councilmember
Cooke to pass on first reading Ordinance #9683 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(19.) Consider Ordinance #9684 abandoning and closing two portions of 94th
Street located in Section 9, Block E (2302 94th).
ORDINANCE #9684
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 94TH
STREET, LOCATED IN SECTION 9, BLOCK E, BICENTENNIAL ESTATES,
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.
Ed Bucy, Right -of -Way Agent, presented staff comments. This ordinance
abandons and closes two small portions of 94th Street just east of Avenue X. 94th
Street was dedicated as a 56-foot wide street in the Bicentennial Estates Addition.
The new area platted to the east of this addition, Oak Terrace, dedicates 94th
Street at a narrower width, that of 47-feet. In order to make this transition in
width from 56 feet to 47 feet, two small pieces of 94th must be closed. These two
portions measure 213.75 square feet and 34.97 square feet. Truett Craft is the
proponent of these closures and he is dedicating much more area as a street right-
of-way than is being closed.
The Right -of -Way Department recommended passage on first reading of this
ordinance.
Motion was made by Councilmember Patterson, seconded by Councilmember
Aderton to pass on first reading Ordinance #9684 as recommended by staff.
Motion carried: 7 Yeas; 0 Nays.
(20.) Consider Ordinance #9685 abandoning and closing a portion of Avenue B.
and three alleys in Blocks 124 and 125, Original Town Addition (202
Broadway).
ORDINANCE #9685
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THREE
ALLEYS AND/OR EASEMENTS AND RIGHTS -OF -WAY LOCATED IN OR
ADJACENT TO BLOCK 125, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; AND CLOSING A PORTION OF AVENUE B 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 OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
JANUARY 27, 1994
PAGE 39
Ed Bucy, Right -of -Way Agent, presented staff comments. This ordinance
abandons and closes a portion of Avenue B between Main Street and Broadway,
the east -west alley in Block 125, and the east -west and north -south alleys in Block
124, all of which are just west of Avenue A and north of Broadway. George
Porter owns Porter Manufacturing and desires to close these alleys and street area
to develop one large tract of land for his manufacturing business. The areas being
closed and their valuations are as follows:
Avenue B - 75 feet by just less than 270 feet or 20,240 sq.ft.; 20,240 sq.ft.
x 12 cents per sq.ft. = $2,428.80. All of the tracts being closed are valued
at 12 cents per sq.ft. The Appraisal District has these on at 30 cents per
sq.ft. However, the areas being closed will remain as utility easements and
drainage easements, so the Right -of -Way Department has valued them at
40 percent of this 30 cents or 12 cents per sq.ft.
2. Alley in Block 124 - 5,234 sq.ft. x 12 cents per sq.ft = $628.08.
3. East -west alley in Block 125 - 5,400 sq.ft. x 12 cents per sq.ft. = $648.
4. North -south alley in Block 125 - 5,000 sq.ft. x 12 cents = $600.
Total of areas being closed charge = $2,428.80 + $628.08 + $648 + $600 =
$4,304.80, which is due the City.
The plat has been submitted and all utilities are in agreement.
The Right -of -Way Department recommended passage on first reading of this
ordinance.
Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember
�.. Ince to pass on first reading Ordinance #9685 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(21.) Consider Ordinance #9686 abandoning and closing a 60-foot wide street
dedication located in Section 1. Block D-4 (North Avenue P and FM
Highway 2641).
ORDINANCE #9686
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
STREET, IN SECTION 1, BLOCK D-4, 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.
Ed Bucy, Right -of -Way Agent, presented staff comments. In 1960, the County of
Lubbock received a .56 acre tract of land from Mr. and Mrs. L.C. Wheeler. Along
the north sixty feet of this tract, the Wheelers dedicated a street to run east -west
along the Section Line. Soon after, F.M. Highway 2641 was dedicated and
constructed slightly to the south which eliminated the need for this street
dedication. The County has now approached us asking if we would close this
street area for them. After reviewing this request, we feel that it is best to close it
so questions about maintenance and usage will never develop.
The Right -of -Way Department recommended passage on first reading of this
closure ordinance.
JANUARY 27, 1994
PAGE 40
W"
Motion was made by Councilmember Ince, seconded by Councilmember Aderton
to pass on first reading Ordinance #9686 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(22.) Consider Resolution #4367 authorizing the Right -of -Way Department to
make an offer to Lea Merrie Short Hair, Ira F McLaurin, Helen Jo Crump,
and Frances A Albri ht for 7.99 acres of Flood and Restrictive Easement
Land in Sections 22 and 23, Block 6, H.&G.N. R.R. Co. Survey, Garza
County, Texas (Lake Alan Henry).
RESOLUTION #4367
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public needs,
safety and welfare demand and create a public necessity for the acquisition of the easement
title to additional land for municipal public uses and purposes, to -wit: for easement title to
land for flood and restrictive easement purposes, which easement grants City; (a) the right
to intermittently overflow, flood or cover such land, at any time with flood, slack or
backwater created by construction, maintenance and operation by City of its proposed
Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir, and
for the storage of water created by the construction of the Dam; (b) the right to enter
upon said land, with due notice and without loitering, to clear, destroy or dispose of any
timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any
way interfere with the construction, maintenance and operation of such dam and reservoir
or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of
refuse, sewage or other material into such reservoir and to carry out an adequate program
of pollution control; and (c) the right to prevent the construction of, or the removal, with
due notice, of any structure or facility located or to be located on said land, in connection
with the extension of the water works system of the City of Lubbock, 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 land as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT easement title for flood and restrictive easements to the land
hereinafter referred to as Flood and Restrictive Easement "A", "B", and "C", the legal
descriptions of each of said tracts being attached hereto and made a part hereof
collectively as 'Exhibit A", said tracts of land being located in Garza County, Texas, be
acquired for public purposes and municipal purposes as set forth in the preamble hereof.
SECTION 2. THAT the owners of said tract, being IRA F. McLAURIN and
LEA MERRIE SHORT HAIR, individually and as Independent Executrix of the Estate of
Mary Florence Cross and lienholders HELEN JO CRUMP and FRANCES A.
ALBRIGHT, BE offered through the Right -Of -Way Department of the City of Lubbock
the amount of $799.00, which is the amount appraised as the value and total damages for
the easement title to the real estate hereinabove described for the value and damages
therefor to said owners of $799.00 for such easement title acquisition, 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 easement title to said
land as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 27th day of January, 1994.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -Of -Way Agent
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
JANUARY 27, 1994
PAGE 41
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Ed Bucy, Right -of -Way Agent, presented staff comments. These three tracts of
flood and restrictive easement land are located about one mile north of
Justiceburg, Texas, and are needed for the Lake Alan Henry project. Mrs. Hair
and Mrs. McLaurin own the property and Mrs. Crump and Mrs. Albright own a
lien on the property. These three tracts of easement land area are as follows:
Tract A - 5.82 acres, Tract B - 2.11 acres, and Tract C - .06 acres, for a total of
7.99 acres. Since 1987, the City has been paying $100 per acre for flood and
restrictive easement land, so $100 x 7.99 acres = $799 payment to the grantors.
The Right -of -Way Department recommended this offer to Mrs. Hair, Mrs.
McLaurin, Mrs. Crump, and Mrs. Albright.
Motion was made by Councilmember Ince, seconded by Councilmember Patterson
to authorize Resolution #4367 as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
(23.) Consider setting the date and time for the Community Development Block
Grant Public Hearing.
Doug Goodman, Interim Director, presented staff comments. The City of Lubbock
CDBG program is now in its 20th year. As a part of the Grant submission
process, the City Council conducts one public hearing. This public hearing is to
provide citizens the opportunity to comment on the proposed expenditure of
Community Development funds.
The recommended program developed by the Community Development Advisory
Committee will be published on February 13, 1994. The recommended time and
date of the public hearing is 5:30 p.m. on February 24, 1994.
Motion was made by Councilmember Patterson, seconded by Councilmember
Hernandez to set the date and time for the Community Development Block Grant
Public Hearing for February 24, 1994, at 5:30 p.m. Motion carried: 7 Yeas; 0
Nays.
(24.) Consider Resolution #4368 executing the buyout provisions for Airport
Hangar Capital Lease and Sublease Agreement.
RESOLUTION #4368
WHEREAS, on or about September 27, 1991, the City of Lubbock entered into a
Lease and Sublease Agreement with G. Greenstreet, Inc. which required the Lessee to
construct a forty thousand (40,000) square foot hangar at the Lubbock International
Airport to be subleased to the City for a period of twenty (20) years; and
WHEREAS, the Lease and Sublease Agreement between the City and G.
Greenstreet, Inc. contains "buyout" provisions which permit the City to terminate the
Agreement prior to its expiration date by paying to Lessee a lump consideration set forth
in the Agreement; and
WHEREAS, the City Council believes that it would be in the best interest of the
citizens of the City to terminate this Lease and Sublease Agreement by paying to Lessee
and its assigns jointly the sum of NINE HUNDRED THOUSAND AND NO
100/DOLLARS ($900,000.00) in accordance with the buyout provisions contained in such
Agreement; NOW THEREFORE:
JANUARY 27, 1994
PAGE 42
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Lessee and its assigns for the Lease and Sublease
Agreement entered into between the City and G. Greenstreet, Inc. on or about September
27, 1991, be advised of the City's desire to terminate such Agreement pursuant to the
buyout provisions in the document which permit termination prior to the expiration date.
SECTION 2. THAT the Chief Accountant for the City of Lubbock is hereby
authorized and directed to pay Lessee and its assigns jointly the sum of NINE HUNDRED
THOUSAND AND N0/100 DOLLARS ($900,000.00) to terminate the above -described
Lease and Sublease Agreement, subject to the Lessee and its assigns executing in favor of
the City any and all necessary documents releasing and waiving or abandoning any claimed
title, right of possession, right of entry or similar claim to the property described in the
Agreement.
SECTION 3 THAT the Mayor of the City is hereby authorized and directed to
execute for and on behalf of the City an Agreement to terminate Lease and Sublease and
such other documents as may be necessary to terminate the Lease and Sublease
Agreement with G. Greenstreet, Inc. executed on or about September 27, 1991.
Passed by the City Council this 27th day of January, 1994.
/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
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Agreement to Terminate Lease and Sublease between the City of Lubbock
and G. Greenstreet, Inc. is filed with Resolution No. 4368.
Mayor Pro Tern Neugebauer recused and excused himself from discussion and
voting on this item.
Jim Newsome, Interim Director, presented staff comments. On September 27,
1991, the City of Lubbock entered into a 20-year capital lease agreement with G.
Greenstreet, Inc. to lease -purchase a 40,000 square foot hangar located at the
Lubbock International Airport.
In order to raise the funds to terminate the lease, the City Council authorized the
issuance of $900,000 in Tax and Airport Surplus Revenue Certificates of
Obligation, Series 1993 which were sold on October 14, 1993.
Paragraph 1 g. of the Lease and Sublease Agreement affords the City the option of
terminating both the Lease Agreement and the Sublease Agreement with G.
Greenstreet Inc. at the conclusion of any full year of the Sublease Agreement.
Early termination of the lease was considered because projected savings were
approximately $400,000 over the lease -term.
The following schedule shows actual cash savings and present value savings
available as a result of issuing bonds to buy out the capital lease:
JANUARY 27, 1994
PAGE 43
Annual
Year Ended
Annual
Present Value
December 31
Savings
Savings
1994
$ 52,110
$ 50,965
1995
10,893
10,399
1996
13,705
12,770
1997
16,518
15,023
1998
19,330
17,159
1999
22,143
19,186
2000
24,955
21,105
2001
27,767
22,921
2002
30,580
24,639
2003
33,392
26,260
2004
35,856
27,523
2005
37,993
28,465
2006
40,175
29,379
2007
42,403
30,266
2008
44,653
31,109
2009
46,903
31,895
2010
47,934
31,815
2011
50,073
32,440
2012
(33,961)
(21,475)
2013
(49,196)
(30,364)
2014
(47,231)
(28,453)
Total
$466,995
$383,027
In order to protect the tax-exempt status of the certificates, the City of Lubbock
` asked the lessors to agree to consummate the termination on January 31, 1994.
G. Greenstreet, Inc., including Gary Greenstreet, Tom Brown, Don Denton, and
David Wood have agreed to terminate the lease on January 31, 1994.
This resolution would authorize the termination of the lease. The termination
would take the form of a "closing" process to take place on January 31, 1994,
whereby the City of Lubbock would produce a check for $900,000 and the lessors
would sign the appropriate releases.
Motion was made by Councilmember Aderton, seconded by Councilmember
Patterson to authorize Resolution #4368 as recommended by staff. Motion
carried: 6 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused.
(25.) Consider Resolution #4369 authorizing the Mayor to execute an Agreement
between the City of Lubbock and Receptor's Inc. for furnishing technical
support and equipment related to the Airport Security Access Control
System.
RESOLUTION #4369
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 Receptors, Inc., for services and
materials necessary to complete the Security and Computerized Access Control System at
the Lubbock International Airport, which contract is attached hereto, and which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
JANUARY 27, 1994
PAGE 44
Passed by the City Council this 27th day of January, 1994.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Newsome
Jim Newsome, A.A.E., Interim Director of
Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Agreement between the City of Lubbock and Receptors, Inc. is filed with
Resolution No. 4369.
In April 1992 the City entered into a contract with CEA, Inc. for the construction
and installation of a Computerized Access Control System. CEA received
approval for the use of an Access Control System manufactured by Receptor's Inc.
as a system that met the specifications approved in the contract. CEA began work
on installing the system and other required construction in August 1992. By July
1993 CEA had been unable to complete the project and after lengthy discussions
with CEA in August and September 1993, there was no satisfactory completion of
the project in sight.
In October 1993, the City took action to terminate the contract and issued notice
to the bonding company of the contractor's abandonment. The terms of the
contract provide that in the event of the contractor's abandonment the bonding
company may take over the project within 10 days and commence its completion.
In the event the bonding company does not do this, the contract gives the City the
right to take over the project and complete it. The bonding company did not elect
to take action to take up the project. The City is now left on its own to complete
the project.
In order to achieve an operational status with the Computer Access Control
System, certain hardware, software and technical support and training is needed
from the systems manufacturer, Receptor's Inc. With guidance and assistance from
the engineer the City has been able to arrive at a fair and just figure to compensate
Receptor's for their equipment and services that are needed to get the system
operating. This agreement will provide for the delivery of badging hardware,
software ($62,000), configuration of the central computer software and licensing
($9,500) and on site technical support and training ($15,000). The total amount of
this agreement is $86,500.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember
Cooke to authorize Resolution #4369 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
JANUARY 27, 1994
PAGE 45
(26.) Consider request from Lydick -Hooks Roofing Company for change order
associated with the Civic Center Roof Proiect.
Vicki Key, Civic Centers Interim Director, presented staff comments. During the
1986 budget year, a capital project was approved to begin accumulating funds for
the roof replacement of the Lubbock Memorial Civic Center. Funds were set aside
each year so that money would be available to start the roof replacement/repair
project during FY 1993-94. Due to the increasing leaks in the pedestrian mall, the
project was accelerated so that it could begin during FY 1992-93. During the
spring of 1992, Adling and Associates was selected, after going through the
standard RFP and review process, to evaluate the condition of the roof and
prepare a written analysis and cost estimates. Adling and Associates then
developed plans and specifications for the replacement/repair of the roof, based on
the results of their analysis.
For the purpose of their analysis, core samples were performed in each area of the
roof structure. It was determined by the architects that there was serious
deterioration of the gypsum deck in portions of the pedestrian mall. Their written
analysis indicated that the gypsum deck in the banquet hall area "may not properly
retain fasteners." The architects did not recommend full replacement of the
gypsum deck, but rather a different procedure in re -roofing that particular area.
The plans and specifications were written specifically for each area of the roof,
addressing materials, repairs and replacement needs. Each area of the roof was
prioritized in case the work was to be performed in phases. The architects
specified that 16,300 sq.ft. of gypsum deck was to be replaced which would take
care of certain areas of the pedestrian mall, banquet hall and minor patch work.
The bid specifications also requested a unit cost of additional gypsum deck work
that might be needed over and above the specified areas.
The project was bid and Lydick -Hooks Roofing Company was awarded the
contract on the project in the amount of $659,000. Lydick -Hooks subcontracted
with McLean Roof Deck to do the gypsum deck replacement.
Work was begun on the project in June 1993. During the demolition phase, it was
discovered that there was much more deterioration of the gypsum deck in the
pedestrian mall and banquet hall areas than had been detected during the analysis
of the roof. Staff advised the contractors to hold off on any further demolition
until a cost could be determined to repair the exposed areas. Staff met with the
architects and contractors to discuss available options. It was the consensus of the
staff to determine a cost to replace the required gypsum deck in the areas already
exposed and complete the roofing of those areas. Those areas are defined as the
banquet hall, pedestrian mall and meeting room roof areas. Staff also requested
that a cost be prepared that would provide short-term repairs to the remaining
areas until funding could be secured for total roof replacement.
It was determined by the architects that an additional 43,665 sq.ft. of gypsum deck
replacement will be required to complete the repairs to the exposed roof areas.
The architects are also proposing that a different fastener be utilized that was not
available when specifications were written. The cost of the additional decking
replacement, fasteners and short-term repairs to the exhibit hall and theater roofs
will be $260,904. The contractor has provided a credit for eliminating the exhibit
hall and theater re -roofing in the amount of $185,867. The net change in the
original contract price is $75,037. A Change Order in the amount of $75,037 has
been requested by Lydick Roofing Company in order to continue work on this
project. Funding is available to cover the additional cost.
Due to the elimination of the exhibit hall and theater roofs from the current
project, a request for additional funding to complete the remainder of the roofing
project will be submitted during the formulation of the Capital Projects requests
for FY 94/95.
JANUARY 27, 1994
PAGE 46
During the demolition phase of the Civic Center Roof Replacement project,
extensive deterioration of the gypsum deck was discovered that had not been
indicated during the analysis phase of the project. It is the recommendation of the
City staff that this change order in the amount of $75,037 be approved so that
work may continue on this project. Further delay could result in more damage to
the exposed roof areas.
Motion was made by Councilmember Aderton, seconded by Councilmember
Cooke to authorize request from Lydick -Hooks Roofing Company for a change
order as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) Consider Resolution #4370 authorizing the Mayor to sign an Interlocal Con-
tract with the Lubbock County Hospital District, to provide laboratory
services for persons with HIV and AIDS, who are enrolled in the Health
Department Early Intervention Clinic.
RESOLUTION #4370
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Interlocal Contract, attached
herewith, by and between Lubbock County Hospital District, d/b/a University Medical
Center and the City of Lubbock, Health Department, La Clinica De Buena Salud for early
primary care for HIV infected individuals, and any associated documents, which Contract
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.
F
Passed by the City Council this 27th day of January, 1994.
�
/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, Public Health Administrator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Interlocal Contract between the City of Lubbock, Health Department, La
Clinica De Buena Salud, and Lubbock County Hospital District, d/b/a University Medical
Center is filed with Resolution No. 4370.
Mary Strange, Personal Health Program Coordinator, presented staff comments.
La Clinica de Buena Salud (the Good Health Clinic) was established in October
1991 to increase the availability of early primary care for HIV infected individuals.
The initial plan was budgeted to serve 100 individuals. Since its inception, La
Clinica has enrolled 165 individuals altogether, with a current active caseload of
100.
JANUARY 27, 1994
PAGE 47
Until November 30, 1993, this program received yearly funding of $156,000 from
the Health Resources and Service Administration (HRSA), under the Title III,
Ryan White federal grant through Guadalupe Economic Services Corporation.
The Regional Grants Administrator has assured the City Health Department that
the discontinuation of funding was not related to the clinic services provided, but
rather to some administrative issues.
Without this clinic, HIV positive individuals will receive no or inadequate care, due
to inability to pay. This will result in an increase in uncompensated UMC hospital
admissions, emergency room visits, and primary care clinic costs.
The proposed resolution will enable the Health Department to continue to provide
needed services for persons with HIV and AIDS. The Health Department staff
recommends approval of this resolution.
Motion was made by Councilmember Ince, seconded by Councilmember
Hernandez to authorize Resolution #4370 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(28.) Consider Resolution #4371 authorizing the City Manager to amend the
current Pay Plan by including a pay incentive provision, and change the
budget to appropriate the General Fund undeshmated unreserved ending
fund balance.
RESOLUTION #4371
WHEREAS, Section 102.010 of the Local Government Code of the State of
Texas authorizes City Councils to make changes in budgets for municipal purposes; and
WHEREAS, there is an undesignated, unreserved, positive fund balance in the
general fund of $1,583,796; and
WHEREAS, in accordance with Ordinance No. 9642, the City Manager is
authorized to transfer funds between accounts, departments or programs for City
purposes; and
WHEREAS, the City Council deems it advisable to amend the budget and
reallocate the above general fund balance in the following manner:
Emergency and General Communication System $750,000
Thoroughfare Paving Reserve $150,000
Incentive Pay Adjustment $525,000
General Fund Capital Projects $150,000
JANUARY 27, 1994
PAGE 48
WHEREAS, the City Council further deems it advisable to amend the budget and
reallocate certain enterprise funds in the following manner:
Electric
$ 95,000
Water
$ 65,000
Sewer
$ 30,000
Solid Waste
$ 40,000
Airport
$ 25,000
Golf
$ 4,000
Internal Service
$ 55,000
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager is hereby authorized and directed to
appropriate 750,000 for the purpose of allocating the City of Lubbock's emergency and
communication system.
SECTION 2. That the City Manager is hereby authorized and directed to
appropriate 150,000 in the thoroughfare paving reserve account for the purposes of street
maintenance.
hmw SECTION 3. THAT the City Manager is hereby authorized to appropriate
$525,000 from the general fund and $314,000 from the designated enterprise funds and
directed to amend the City of Lubbock personnel policy by adding thereto provision for
incentive pay adjustments to be made to individual employees or groups of employees to
encourage future superior performance at such times and in such amounts as may be
directed by the City Council, which amounts may be paid as either a lump sum or prorated
over the remainder of the fiscal year as directed by the City Council. Such amounts shall
not become a permanent part of any employee's regular pay, but shall be only a temporary
incentive pay adjustment not extending beyond the end of the fiscal year in which such
incentive pay adjustment is authorized. The City Manager is hereby authorized and
directed to make an incentive pay adjustment of $400.00 to all City of Lubbock full
time/regular employees who have been employed one full year ending January 1994 in a
lump sum payment as soon as is practicable following implementation of the incentive pay
adjustment policy provided for hereinabove.
SECTION 4. That the City Manager is hereby authorized and directed to
appropriate 150,000 to the general fund capital projects for building renovation to Council
and Codes Administration offices.
JANUARY 27, 1994
PAGE 49
Passed by the City Council this 27th day of January, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Hindman
Mark Hindman, Director of Support Services
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Mayor Langston opened discussion for public comment. Those appearing before
Council were Cecil Puryear, Max Winn, Mikel Ward, Angeles Barranda, W. L.
McHaney, and Victor Cargile.
Members of the City Council were given the opportunity to state their position on
the pay incentive provision prior to voting.
Amend the Current Pay Plan
The City Manager will need to amend the City of Lubbock personnel policy by
adding a provision for incentive pay adjustments to be made to individual
employees or groups of employees to encourage future superior performance at
such times and in such amounts as may be directed by the City Council. These
amounts will be paid in either a lump sum or prorated over the remainder of the
fiscal year as directed by the City Council. These amounts will not become part of
the employee's regular pay, but will only be a temporary incentive pay adjustment.
Appropriate General Fund Undesignated/Unreserved Ending Fund Balance
The General Fund ended the year with an ending balance of $1,583,796. This
ending balance was the result of revenues/transfers-in which were $1,180,339
higher than budgeted and expenditures/transfers-out which were $644,582 lower
than budgeted. Following the financial report presentation in January 1993
Council approved using $600,000 from the undesignated/unreserved balance
primarily for street maintenance. During the revised budget we were able to adjust
the amount needed from this reserve to $241,143. The positive revenue/expense
situation at year end allowed us to leave all of this funding in reserve and still have
a $1,583,796 ending balance.
As discussed in the last City Council work session, this ending balance could be
reallocated in the following manner:
1) $750,000 to the Emergency and General Communications System.
2) $150,000 to the Thoroughfare Paving Reserve, for the purpose of
constructing thoroughfares adjacent to newly developed areas.
JANUARY 27, 1994
PAGE 50
3) $839,000 for a Pay Incentive Adjustment to fund a flat, one-time, lump
sum payment of $400 for all full-time City of Lubbock employees at a cost
of $525,000 from the General Fund and $314,000 from the following
Enterprise funds:
Electric
$95,000
Water
65,000
Sewer
30,000
Solid Waste
40,000
Airport
25,000
Golf
4,000
Internal Service
55,000
Salary surveys performed in 1992 and 1993 indicated the average merit
increase given by 20 major local employers was 4 percent in 1992 and 3.5
percent in 1993. The City chose to give a 2 percent increase both years in
order to prevent salary costs from growing more rapidly than other
expenses. The projected growth of revenues did not allow us to fund 4
percent increases and still maintain current levels in other types of expendi-
tures such as capital equipment, supplies or infrastructure. Had we given 4
percent in 1992-93 and 3.5 percent in 1993-94, similar to other local
employers, General Fund salary expenses would be approximately $1.2
million higher than today. Providing this incentive will be roughly equal in
costs to providing the 3.5 percent increase indicated by our local survey.
In addition, while personnel costs compose around 2/3 of the General Fund
budget, only 1/3 of the ending balance will be used for the incentive
program. Therefore, this will not result in an increase in the portion of the
budget devoted to personnel costs.
This $400 amount per employee will not become a part of an employee's
bmw regular pay and will not compound future salary increases.
4) $150,000 to fund General Fund Capital Projects including renovations to
existing office space in the Codes Administration for combining inspection
personnel area, as well as in the City Council offices. In addition, this will
fund technological enhancements in the Municipal Court, Codes
Administration, and City Secretary Departments.
Approval of the amendment to the pay plan is recommended in order to provide
individual incentive pay adjustments to City employees. In addition, approval of
the specified reallocation of the General Fund Ending Balance is also
recommended.
Motion was made by Councilmember Cooke, seconded by Councilmember
Patterson to authorize Resolution #4371 as recommended by staff. Motion
carried: 7 Yeas; 0 Nays.
(29.) Consider Ordinance #9687 establishing the date of the 1994 City of Lubbock
Regular Municipal Election.
ORDINANCE #9687
AN ORDINANCE ESTABLISHING THE DATE OF THE 1994 REGULAR
MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE
MAYOR TO ORDER THE 1994 REGULAR MUNICIPAL ELECTION OF THE CITY
OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
This ordinance will formally establish May 7, 1994, as the date of the 1994
Regular Municipal Election. This election will be for the purpose of filling the
JANUARY 27, 1994
PAGE 51
expired terms of the Mayor, Councilmembers from Districts 1, 3, and 5, and
Municipal Judge.
The City Secretary recommended approval of the ordinance.
Motion was made by Councilmember Patterson, seconded by Councilmember
Aderton to pass on first reading Ordinance #9687 as recommended by staff.
Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from the Council
Chambers.
(30.) Consider Resolution #4372 concerning intent to execute and deliver a limited
obligation lease agreement, subject to annual appropriation, of certain
facilities to be used in connection with a Class H track by Lubbock Downs,
Inc.
RESOLUTION #4372
RESOLUTION CONCERNING INTENT TO EXECUTE AND DELIVER A
LIMITED OBLIGATION LEASE AGREEMENT, SUBJECT TO ANNUAL APPRO-
PRIATION OF CERTAIN FACILITIES TO BE USED IN CONNECTION WITH A
CLASS II TRACK BY LUBBOCK DOWNS, INC.
WHEREAS, the City of Lubbock, Texas (the "City") is empowered by Tex. Rev.
Civ. Stat. Ann. art. 835s (the "Act") to acquire, by any lawful means other than eminent
domain, land and to construct or otherwise acquire a building or other facility for the
purpose of leasing the land, building, or other facility to a political subdivision or agency
of the state for public use or to an individual, private corporation, or other private entity
for use in manufacturing or another commercial activity;
WHEREAS, Lubbock Downs, Inc. (the "Corporation") has requested that the City
enter into a limited obligation, subject to annual appropriation, lease agreement (the
"Lease") of the project described in Exhibit A attached hereto (the "Project") and further
that the City adopt this Resolution with respect to its intent to execute and deliver the
Lease subject to the terms and conditions set forth in this Resolution;
WHEREAS, the City understands the governing body of the City of Slaton, Texas,
proposes to adopt a resolution substantially similar to this resolution with respect to the
Project, and the City declares its intent to work in cooperation with the City of Slaton,
Texas, concerning the Project; and
WHEREAS, the City finds, intends, and declares that this Resolution shall
constitute its official action, subject to the terms hereof, evidencing its intention to execute
and deliver the Lease pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK, TEXAS, THAT:
SECTION 1. Subject to the terms hereof, the City declares that it will:
(a) Execute and deliver the Lease.
JANUARY 27, 1994
PAGE 52
(b) Cooperate with the Corporation with respect to the execution and
delivery of the Lease, and, if arrangements therefor satisfactory to the Corporation
and the City can be made, the City will take such action, authorize the execution of
such documents, and will take such further action as may be necessary or
advisable, in the sole discretion of the City, for the authorization, execution, and
delivery of any contracts or agreements deemed necessary or desirable by the
Corporation or the City in connection with the execution and delivery of the Lease
(collectively, the "Contracts"), providing among other things for payment by the
City of lease payments; payment by the Corporation of fees and charges of the
City; acquisition, construction, and installation of the Project; and use, operation,
and maintenance of the Project (and the execution of any appropriate and
necessary guaranty agreements for the benefit of the City), all as shall be
authorized, required, or permitted by law and as shall be mutually satisfactory to
the City and the Corporation.
(c) Take or cause to be taken such other actions as may be required, in
the sole discretion of the City, to implement the aforesaid undertakings or as it may
deem appropriate in pursuance thereof.
SECTION 2. It is understood by the City, and the Corporation has represented to
the City, that:
(a) Prior to or contemporaneously with the execution and delivery of
the Lease, and Corporation will enter into the Contracts with the City under the
terms of which the Corporation will unconditionally obligate itself to (1) provide
for a sub -lease of the Project by the Corporation from the City pursuant to which
the City (or to a Trustee, as the case may be) receives payments equal to or greater
than the lease payments of the City under and pursuant to the Lease, as and when
the same become due and payable; (2) convey to the City by general warranty
deed, as a gift, the land on which the Project is to be located; and (3) provide for a
ground lease pursuant to which the City receives payments from the Corporation
for the Corporation's use of the land and the City receives the reversionary interest
in the land and the Project upon termination of the ground lease.
(b) The Corporation will (1) pay all Project costs and (2) at all times,
indemnify and hold harmless the City against all losses, costs, damages, expenses,
and liabilities of whatsoever nature (including but not limited to attorneys' fees,
litigation and court costs, amounts paid in settlement, and amounts paid to
discharge judgments) directly or indirectly resulting from, arising out of or related
to the execution and delivery of the Lease, or the design, construction, installation,
operation, use, occupancy, maintenance, or ownership of the Project.
SECTION 3. It is understood by the City that all declarations of the City with
respect to the Project and the Lease are subject to the condition that the Lease shall have
been executed and delivered no later than six months from the date of this Resolution, or
such other later date as shall be satisfactory to the City and to the further conditions as
follows:
(a) Prior to the execution and delivery of the Lease, the City shall have
received a feasibility report with respect to the Project, prepared by an independent
third party satisfactory to the City, at the expense of the Corporation, which
demonstrates the financial feasibility of the Project for the term of the Lease;
JANUARY 27, 1994
PAGE 53
(b) Prior to the execution and delivery of the Lease, the City shall have
received pro forma financial statements with respect to the Corporation prepared
in conjunction with, or based upon the assumptions contained in, the feasibility
report referred to in Section 3(a) above;
(c) Prior to the execution and delivery of the Lease, the Corporation
shall have demonstrated to the City's satisfaction, that the Corporation has access
to sufficient amounts of capital to implement the Project as described in the
feasibility report referred to in Section 3(a) above;
(d) The Lease shall contain no provision creating any obligation of the
City to make any payment other than payments for which provision is made by
annual appropriation;
(e) The Lease shall contain no provision creating any obligation of the
City to make any payment other than from amounts received from the Corporation
pursuant to the sub -lease of the Project by the Corporation from the City;
(f) The Lease shall provide that no amounts paid by the City pursuant
to the Lease are to be characterized as interest paid by or on behalf of the City, nor
are any such amounts to be pledged or otherwise used to secure any obligation of
any person unless the person or entity to whom or which such obligation is owed
has delivered to the City, prior to incurring such obligation, evidence satisfactory
to the City, that such person or entity has read and understood the Lease and the
limited and conditional nature of the City's agreement to make payments pursuant
to the Lease;
.� (g) The Lease shall provide that no securities shall be offered in
connection with the Project using the corporate name of the City as the obligor of
such securities or identifying such securities in any manner as obligations of the
City;
(h) The Lease shall contain the agreement of the Corporation not to
claim any exemption from taxation by any taxing jurisdiction as a consequence of
the City's connection with the Lease or the Project; and
(i) Prior to acceptance of the general warranty deed for the land and
the execution and delivery of the Lease, the City shall have received a Phase II
environmental audit, prepared by an independent third party acceptable to the City,
relating to the land which demonstrates that the City will incur no obligation by
virtue of ownership of the land.
SECTION 4. The City declares that this Resolution represents a conditional
statement of policy based on preliminary facts presented to the City Council in the public
meeting at which this Resolution is adopted. The City Council expressly reserves the
unconditional right to alter or revise its policy concerning the Project or Lease if additional
facts or the failure to satisfy any of the conditions set forth in this Resolution so warrant.
The adoption of this Resolution by the City Council is not intended to create, and does not
create, any obligation to any person other than the Corporation and to the Corporation
only to the extent and subject to all conditions set forth herein. This Resolution does not
create any kind of partnership, joint venture, contractual relationship, fiduciary
relationship, or obligation of the City to expend funds.
JANUARY 27, 1994
PAGE 54
SECTION 5. This Resolution shall be effective from and after its date of adoption
as shown below.
PASSED AND APPROVED this the 27th day of January, 1994.
CITY OF LUBBOCK, TEXAS
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant City Manager
of Financial Services
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Jean Arnett, Lubbock Downs, Inc., and the City of Slaton requested assistance
with the development of a Class II race track in Slaton. They have the possibility
of obtaining financing with limited partnership by the City of Lubbock. A diagram
included in the agenda backup illustrates the mechanics of the total proposal. The
resolution before Council at this time is an expression of intent to enter into an
agreement for lease and leaseback of facilities with no obligation of debt or
funding.
Jean Arnett, Slaton Mayor Don Kendrick, and Mark Westergard of Fulbright and
Jaworski were present to explain the proposal and answer questions.
Motion was made by Councilmember Cooke, seconded by Councilmember
Aderton to authorize Resolution #4372 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
(31.) Consider Resolution #4373 authorizing the Mayor to execute a contract with
South Plains Food Bank and Breedlove Dehydrated Food, Inc., for water
rights.
RESOLUTION #4373
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 Economic Development Contract,
attached herewith, by and between the City of Lubbock and the South Plains Food Bank
and Breedlove Dehydrated Food, Inc., and any associated documents, which Contract
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.
JANUARY 27, 1994
PAGE 55
Passed by the City Council this 27th day of January, 1994.
/s/ David R. Lan sg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business
Relations for Economic Development
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Economic Development Contract between the City of Lubbock and South
Plains Food Bank is filed with Resolution No. 4373.
Rod Ellis, Director of Business Development, presented staff comments. South
Plains Food Bank has proposed a food dehydration project that will:
Focus national media attention on Lubbock in a positive way.
Provide over $250,000 in annual salaries during the first stage.
Provide job training for approximately 50 people.
Infuse the local economy with a $7 million building improvement.
Use the old Litton building to create an attractive gateway into Lubbock
from the Airport.
Produce over 20 million pounds of nutritious dehydrated food to feed the
poor.
Provide food, at cost, to the charities in Lubbock and across the nation.
Serve as a model to third -world countries, attracting worldwide visitors.
In order to accomplish the objectives of the Breedlove dehydration project, the
Food Bank will require approximately 55 million gallons of water per year at the
Litton site for the purpose of processing fruits, vegetables, and other food items.
The City of Lubbock owns the underground water rights at the Litton site, and the
City has the authority under Section 3 80. 001 of the Local Government Code to
assist the Food Bank by granting the water rights for an economic development
project.
Staff and directors for the Food Bank have negotiated a contract between the City
and South Plains Food Bank for City Council approval. The contract allows the
Food Bank to drill a water well at the Litton site. General conditions of the
contract are as follows:
JANUARY 27, 1994
PAGE 56
The well will be drilled using City specifications.
2. The completed well will be enclosed in a steel housing.
A back flow prevention system will be installed between the well
and the City potable water system.
4. The water used under this contract will be used only for the
purposes of dehydration of foods and to irrigate vegetables at the
site.
All potable water will be purchased from the City.
6. All maintenance and utility costs will be paid by the Food Bank.
7. Food Bank agrees to employ 21 persons when the operation
reaches full capacity.
8. The City may terminate this agreement in the event that the Food
Bank fails to provide 21 jobs.
9. In the event the Food Bank ceases to use the Litton facility, then
ownership of the well will revert to the City.
10. Food Bank agrees to hold the City harmless from all claims arising
from the use of the water.
11. Food Bank agrees to keep in effect insurance in the amount of
$1,000,000.
12. The term of the contract is for 20 years.
Staff recommended approval of the contract.
Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember
Cooke to authorize Resolution #4373 as recommended by staff. Motion carried:
7 Yeas; 0 Nays.
(32.) Hold an executive session, in accordance with Article 6252-17, Sec. 20),
VATS, to discuss land acquisition (Right -of -Way).
(32A.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(e),
VATS, to discuss contemplated and pending litigation (Building Services).
(32B.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(2), to
discuss personnel matters regarding duties, responsiblities, and/or
appointments to:
Housing Standards Commission
Housing Authority's Board of Directors
Housing Finance Corporation Board of Directors
Parks and Recreation Board
Lubbock Emergency Communications District
Health Facilities Development Corporation
JANUARY 27, 1994
PAGE 57
Health Board
Civil Service Commission
Community Development Advisory Board
(33.) Consider two appointments to the Housing Standards Commission to replace
Gene Bals and Joe Murfee, whose terms expired on January 9, 1994.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to reappoint Gene Bals and Joe Murfee to the Housing Standards
Commission. Motion carried: 7 Yeas; 0 Nays.
(34.) Consider five appointments to the Lubbock Housing Authority's Board of
Directors to replace Jane Bacon, Al Caviel, Mave Constancio, Julian
Simpson and Randy Wright, whose terms expired on December 27, 1993.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to appoint Lemuel Thuston, Arnold Mincey, Irvin Skibell, C. Tom Reese
and Samuel Curtis to the Housing Authority's Board of Directors.
(35.) Consider three appointments to the Lubbock Housing Finance Corporation
Board of Directors to replace Wes Hallmark, George Jackson and T. J.
Patterson, whose term expired on December 31, 1993.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to reappoint Wes Hallmark, George Jackson and T. J. Patterson to the
Lubbock Housing Finance Corporation Board of Directors.
(36.) Consider two appointments to the Parks and Recreation Board to replace
Heenan Johnson, III and Susie Moore, whose terms expired on January 8,
1994.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to reappoint Heenan Johnson, III and Susie Moore to the Parks and
Recreation Board. Motion carried: 7 Yeas; 0 Nays.
(37.) Consider one appointment to the Lubbock Emergency Communications
District Board to replace David Ellison, whose term expired on January 9,
1994.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to appoint Dan Dennison to the Lubbock Emergency Communications
District Board. Motion carried: 7 Yeas; 0 Nays.
(38.) Consider two appointments to the Lubbock Health Facilities Development
Corporation to replace Helen Payne and Roy Middleton, whose terms will
expire on January 14, 1994.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to reappoint Helen Payne and to appoint Janie Gonzales to the Lubbock
Health Facilities Development Corporation. Motion carried: 7 Yeas; 0 Nays.
(39.) Consider one appointment to the Health Board to replace Vickie Shadden,
whose term expired on December 31, 1993.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to appoint Lorraine Stiggers to the Health Board. Motion carried: 7 Yeas.-
0 Nays.
JANUARY 27, 1994
PAGE 58
(40.) Confirm two appointments to the Civil Service Commission to replace
Milynda Walker, who has resi ned, and Robert Hurmence, whose term has
expired.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to confirm the appointment of Len Hutchinson and to reappoint Robert
Hurmence to the Civil Service Commission. Motion carried: 7 Yeas; 0 Nays.
(41.) Consider one appointment to the Community Development Advisory
Committee to replace Jaime Garcia, who has resigned.
Motion was made by Councilmember Hernandez, seconded by Councilmember
Cooke to appoint Hilda Adams to the Community Development Advisory
Committee. Motion carried: 7 Yeas; 0 Nays.
There being no further business to come fore Council, motion was made by
Councilmember Patterson, second y Counci ember Inc�toadqjourn the meeting at
3:02 p.m. Motion carried: 7 Yea '; 0 Nays. �-�
DAVID R. LAWGSTONJ MAYOR
ATTEST:
gta'_ mn� -
etty . Johnson, ity Secretary
%=W Read and approved this the 1 Oth
ATTEST:
�" '.j ,
etty A. Johns , City Secretary