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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/11/1994AUGUST 11, 1994 Page 465 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 11, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the I Ith day of August, 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 Windy Sitton, 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 10:35 A.M. ( 1.) The Invocation was given by J. Robert Massengale, Assistant City Manager. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments (4.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the July 28, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. (5.) ORDINANCE #9719--Abandoning and closing a portion of 98th Street located in Section 14, Block E-2 (4302 98th) ORDINANCE #9719 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTION 14, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9719 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9720--Zone Case No 2127-C (7501 Ouaker Avenue) Request of Henry Huneke (for Lubbock Development. Inc) for a zoning change from GO and C-3 to GO on a tract out of Section 11 Block E-2 ORDINANCE #9720 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2127-C; A ZONING CHANGE FROM GO AND C-3 TO GO ZONING ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. AUGUST 11, 1994 Page 466 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9720 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE #9721--Zone Case No. 2715-A (south of 80th Street and east of Frankford Avenue) --Request of Benny Nixon, Trustee, for a zoning change from C-2 to R-1 Specific Use (for garden homes) on Tract D-2-A, Farrar Estates Addition. ORDINANCE #9721 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2715-A; A ZONING CHANGE FROM C-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TRACT D-2-A, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (8.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9721 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #4567 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease No. DTFA07-95-L-01039 with the United States of America Department of Transportation, Federal Aviation Administration, 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 1 Ith day of August, 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/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Lease between the City of Lubbock and The United States of America is filed with Resolution No. 4567. This lease renewal provides for the facility that contains the telecommunications equipment for the instrument landing system that operates at Runway 17R. The City provides the site, a 55,000 square foot parcel with a 20' X 20' building. These facilities are provided at no cost to the FAA in exchange for the obligation assumed by the government to operate the landing system. AUGUST 11, 1994 Page 467 This outer marker facility is located in the community of New Deal, approximately five miles from the end of the runway. The term of this renewal is for one year beginning October 1, 1994, with consecutive one-year renewals not to extend beyond September 30, 1999. The function of the system is to guide airplanes to touchdown on the runway. The Airport Board approved this renewal and staff recommended that the City Council approve the lease. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4567 as recommended by staff Motion carried: 7 Yeas,- 0 Nays. RESOLUTION #4568 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 Fixed Base Operator Agreement by and between the City of Lubbock and Rumpel & Associates d/b/a G & G Avionics, 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 1 lth day of August, 1994. /s/ David R. Lan ston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Acting Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Fixed Base Operator Agreement between the City of Lubbock and Rumpel & Associates dba G & G Avionics is filed with Resolution No. 4568. Mr. Tony Rumpel, Principal of Rumpel and Associates, requested a standard fixed base operator agreement to continue his business on the west side of the airfield. This is a lease renewal; the new term is for 5 years with one 5-year option and will generate $7,204 annually. This is a standard agreement with no unusual conditions. The Airport Board approved this renewal and staff recommended that the City Council approve the lease. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4568 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 11, 1994 Page 468 (10.) Consider Resolution #4569 authorizing the Mayor to sign Contract No. 515- XXF-6015 with the Texas Department of Transportation MDOTI for operating assistance. RESOLUTION #4569 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 Contract No. 515-XXF-6015 and related documents to be entered into by and between the City of Lubbock and the Texas Department of Transportation, 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 1 Ith day of August, 1994. /s/ David R. Lanjaston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Public Transportation Contract between the State of Texas (Texas Department of Transportation) and the City of Lubbock is filed with Resolution No. 4569. State Public Transportation Funds of $267,870 are being allocated to the City of Lubbock for FY 94-95 for operating assistance. The contract becomes effective on the final date of execution by the State's Director of Public Transportation and will terminate on August 31, 1995. Citibus plans to begin using the money on October 1, 1994. State Public Transportation Funds in the amount of $267,870 were included in Citibus' proposed FY 94-95 operating budget. Staff recommended the approval of Contract No 515-XXF-6015. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4569 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 11, 1994 Page 469 (11.) Consider Resolution #4570 authorizing the Mayor to execute a purchase and software license agreement with System Innovators Incorporated RESOLUTION #4570 THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase and Software License Agreement, by and between the City of Lubbock and Systems Innovations Inc. for computer software and services. Said Agreement is attached hereto and 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 1 lth day of August, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Thomas W. Tuning Thomas W. Tuning, Director Information & Communication Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Purchase and Software License Agreement between The City of Lubbock and System Innovators, Inc. is filed with Resolution No. 4570. The current cashiering system at LP&L must be replaced with a system that can operate within the new computing environment being implemented in the City in the next two months. The cashiering system must be able to function with the interim computing environment being moved from the IBM mainframe to the IBM RS6000 and also be able to function with the final computing environment being delivered to LP&L by SFG Technologies. The cashiering system from System Innovators Incorporated (SII) was endorsed and recommended by SFG. Analysis of other cashiering systems showed that they could support one of the environments but not both without extensive and costly modifications. The SII product was the only one that would support both the short-term and long-term computing environments with a reasonable upgrade path and could be delivered within an acceptabl time frame to be implemented before the maiiframe is scheduled to be disconnected. Staff recommended the approval of this resolution to execute the purchase and software license agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4570 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 11, 1994 Page 470 (12.) Consider Resolution #4571 authorizing acceptance of water and sewer improvements for Lots 1-A-1, 2-A-1, 2-A-2, Fiesta Autoland Addition. RESOLUTION #4571 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-A-1, 2-A-1 AND 2-A-2, FIESTA AUTOLAND CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-A-1, 2-A-1 and 2-A-2, Fiesta Autoland Center 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 $48,608.24, with the improvements constructed by Utility Contractors of America, Inc. having a value of $47,723.15, as determined by the unit prices established by said Chapter 28 and $885.09 cash paid to the City, with EMJ, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 lth day of August, 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/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City -.-ney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $48,608.24 including value of construction costs of $47,723.15 and $885.09 cash paid to the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. AUGUST 11, 1994 Page 471 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4571 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4572 authorizing acceptance of water and sewer improvements for Lots 45-49, Northridge Addition RESOLUTION #4572 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 45 THROUGH 49, NORTHRIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 45 through 49, Northridge 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 $17,140.51, with the improvements constructed by Utility Contractors of America having a value of $10,728.59, as determined by the unit prices established by said Chapter 28 and $6,411.92 cash paid to the City, which amount includes $6,187.11 cash for adjacent lines, with Charles Bolton, the developer, to receive a refund of $2,306.65 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $2,306.65 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 11 th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E.Muaft Michael E. Murphy, Senior UL:;;ties Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $17,140.51 including value of construction costs of $10,728.59 and $6,411.92 cash paid to the City of Lubbock. The developer, Charles Bolton, will receive a AUGUST 1 1, 1994 Page 472 refund of $2,306.65 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4572 as recommended by staff Motion carried: 7 Yeas,- 0 Nays. (16.) BID #13015--Ammunition-Annual Pricing (Police Department). GT Distributors--22M .38 Special +p Brass Duty Ammunition; 10M 9mm Luger Brass Duty Ammunition; 35M 9mm Luger Pistol Training Ammunition; 14M 9mm Luger MP5 Training Ammunition; 5M .223 Remington Rifle Training Ammunition; 4M 12 ga. 00 Buck Shotgun Ammunition; 2M 12 ga. 1 oz. Hollow - point Slug Shotgun Ammunition. Kiesler Police Supply--22M .38 Special +p Nickel Plated Brass Duty Ammunition; 1 OM 9mm Luger Nickel Plated Brass Duty Ammunition; 2M .223 Remington Rifle Duty Ammunition; 2M .308 Winchester Rifle Ammunition. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4573 amending Rule 4, Section 4.01, Frequency of Promotional Examinations, of the City of Lubbock Civil Service Commission Rules and Regulations. RESOLUTION #4573 WHEREAS, the City of Lubbock Civil Service Commission has approved the following amendment to Rule 4 of the City of Lubbock Civil Service Commission Rules and Regulations; and WHEREAS, it is in the best interests of the City of Lubbock Civil Service employees and of the citizens of the City of Lubbock that the rules be so amended; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock Civil Service Commission Rules and Regulations, Rule 4 Promotional Examinations, Section 4.01, Frequency of Promotional Examinations, is hereby amended to read as follows: "Section 4.01. Frequency of Promotional Examinations: The Commission shall cause promotional examinations to be given as often as required to fill vacancies. As soon as the chief of the department anticipates a vacancy, he shall advise the Commission. In those cases where it is not possible to anticipate a vacancy, such as a death or resignation of an incumbent, the chief of the department shall advise the Commission as soon as the vacancy occurs. When the Commission is notified of a vacancy or an anticipated vacancy, it shall proceed to , -nduct a promotional examination." Passed by the City Council this 1 lth day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary AUGUST 11, 1994 Page 473 APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney This item was removed from the consent agenda. Mary Andrews, Director of Human Resources, presented staff comments. The City of Lubbock Civil Service Commission voted May 26, 1994, to change the frequency of promotional examinations due to the following reasons: To avoid inconvenience to employees in preparing for and taking examinations many months before vacancies occur, with the possibility of a limited number of vacancies or, in some cases, no vacancies occurring during the one year existence of the promotional eligibility list. To avoid unnecessary costs in preparing for and conducting unnecessary promotional examinations. The increasingly stringent technical and legal concerns involved with promotional testing have significantly increased costs. Unnecessary expenses for this process simply reduce the availability of funds for meeting other employee needs and providing services to the citizens. The list is guaranteed for one year and those people whose names are on the list remain on the eligibility roster for that specific length of time. If there are no unanticipated vacancies, the list dies. The list must remain for a 90-day minimum �-- for posting of the test dates. Following lengthy discussion initiated by Councilmember Hernandez on the reasons for this amendment to the City of Lubbock Civil Service Commission Rules and Regulations, Ms. Andrews confirmed that the Civil Service Commission, Police Chief Ken Walker, and Fire Chief Don Stevens recommend the approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4573 as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. (15.) RFP #12997--Mobile Phone Eauinment and Service (Communication Services). This item was deleted from the agenda. (17.) Consider Resolution #4574 authorizing the Right -of -Way Department to make an offer to Lubbock Land Company, Three. LTD for four (4) tracts of land in Section 27, Block E-2 (5415 66th). RESOLUTION #4574 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes and use, to -wit: for the widening of 66th Street to 69th Street, from Bangor Avenue to Slide Road, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: AUGUST 11, 1994 Page 474 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a '/2" iron rod with cap set for the Northeast corner of that tract conveyed to Lubbock Land Co. Three Ltd, in Volume 4281, Page 248, Real Property Records which bears N. 89°57'50" W. a distance of 1321.38 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE S. 00002'20" E., along the East line of said Lubbock Land Co. Tract, a distance of 115.29 feet to a set '/2" iron rod with cap; THENCE Southwesterly around a curve to the right, said curve having a radius of 230.00 feet, a central angle of 18°36'09", tangent lengths of 37.67 feet, and a chord distance of 74.35 feet to a'/2" iron rod with cap set for a point of tangency. - THENCE S. 48043' 14" W. a distance of 22.74 feet to a '/2" iron rod with cap set for a point of curvature; THENCE Southeasterly around a curve to the left, said curve having radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of 13.83 feet, and a chord distance of 20.34 feet to a ''/2" iron with cap set for a point of reverse curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 541.30 feet, a central angle of 14022' 12", tangent lengths of 68.24 feet, and a chord distance of 135.40 feet to a '/2" iron rod with cap set in the East line of said Lubbock Land Co. Tract; THENCE S. 00002'20" E., along the East line of said Lubbock Land Co. Tract, a distance of 340.16 feet to a set '/2" iron rod with cap; THENCE N. 08003'09" W. a distance of 203.89 feet to a '/2" iron rod with cap set for a point of r­ —ture; THENCE Northwesterly around a curve to the left, said curve having a radius of 477.30 feet, a central angle of 81 °54'41 ", tangent lengths of 414.26 feet, and a chord distance of 625.72 feet to a ''/2" iron rod with cap set for a point of tangency; THENCE N. 89057'50" W. a distance of 92.91 feet to a '/2" iron rod with cap set for a point of curvature; AUGUST 11, 1994 Page 475 THENCE Northwesterly around a curve to the right, said curve having a radius of 519.73 feet, a central angle of 12'11'30" tangent lengths of 55.50 feet, and a chord distance of 110.38 feet to a ''/2" iron rod with cap set for a point of reverse curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 455.73 feet, a central angle of 12'11'30", tangent lengths of 48.67 feet, and a chord distance of 96.79 feet to a found '/2" iron rod with cap; THENCE N. 00002' 10" E. a distance of 32.00 feet to a ''/z" iron rod with cap found in the North line of said Lubbock Land Co. Tract and in the North line of Section 27, Block E-2; THENCE S. 89057'50" E., along the North line of said Lubbock Land Co. Tract and along the North line of Section 27, Block E-2, a distance of 402.48 feet to a set '/2" iron rod with cap; THENCE Southeasterly around a curve to the right, said curve having a radius of 541.30 feet, a central angle of 33°00'52", tangent lengths of 160.41 feet, and a chord distance of 307.61 feet to a'/z" iron rod with cap set for a point of reverse curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of 13.83 feet, and a chord distance of 20.34 feet to a '/z" iron rod with cap set for a point of tangency; THENCE N. 48043' 14" E. a distance of 22.74 feet to a '/2" iron rod with cap set for a point of curvature; THENCE Northeasterly around a curve to the left said curve having a radius of 170.00 feet, a central angle of 48°41'04", tangent lengths of 76.91 feet, and a chord distance of 140.14 feet to a '/2" iron rod found in the North line of said Lubbock Land Co. Tract and in the North line of Section 27, Block E-2; THENCE S. 890 57'50" E., along the North line of said Lubbock Land Co. Tract and along the North line of Section 27, Block E-2, a distance of 28.87 feet to the Point of Beginning, and containing 70,067 square feet or 1.608 acres. TRACT 2 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a'/z" iron rod with cap set in the North line of that tract conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records which bears N. 89°57'50" W. a distance of 1350.25 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE Southwesterly around a curve to the right, said curve having a radius of 170.00 feet, a central angle of 48°41'04", tangent lengths of 76.91 feet, and a chord distance of 140.14 feet to a'/z" iron rod with cap set for a point of tangency; AUGUST 11, 1994 Page 476 THENCE S. 48043' 14" W. a distance of 22.74 feet to a'/z" iron rod with cap set for a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of 13.83 feet, and a chord distance of 20.34 feet to a'/2" iron rod with cap set for a point of reverse curvature; THENCE Northwesterly around a curve to the left, said curve having radius of 541.30 feet, a central angle of 33°00'52", tangent lengths of 160.41 feet, and a chord distance of 307.61 feet to a'/z" iron rod with cap set in the North line of said Lubbock Land Co. Tract and in the North line of Section 27, Block E-2; THENCE S. 89057'50" E., along the North line of said Lubbock Land Co. Tract, and along the North line of Section 27, Block E-2, a distance of 367.93 feet to the Point of Beginning, and containing 25,173 square feet. TRACT 3 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a '/z" iron rod with cap set in the East line of that tract conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records which bears N. 89°57'50" W. a distance of 1321.38 feet and S. 00°02'20" E. a distance of 115.29 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE S. 00002'20" E., along the East line of said Lubbock Land Co. Tract, a distance of 210.56 feet to a set '/z" iron rod with cap; THENCE Northwesterly around a curve to the left, said curve having a radius of 541.30 feet, a central angle of 14°22' 12", tangent lengths of 68.24 feet, and a chord distance of 135.40 feet to a '/z" iron rod with cap set for a point of reverse curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 85°21'37", tangent lengths of 13.83 feet, and a chord distance of 20.34 feet to a '/z" iron rod with cap set for a point of tangency; THENCE N. 48043' 14" E. a distance of 22.74 feet to a ''/z" iron rod with cap set for a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 230.00 feet, a central angle of 18°36'09", tangent lengths of 37.67 feet, and a chord distance of 74.35 feet to the Point of Beginning, and containing 6959 square feet. TRACT 4 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a'/z" iron rod with cap set in the East line of that tract conveyed to Lubbock Land Co. Three Ltd. in Volume 4281, Page 248, Real Property Records which bears N. 89°57'50" W. a distance of 1321.38 feet and S. 00°02'20" E. a distance of 1042.08 AUGUST 11, 1994 Page 477 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE S. 00002'20" E., along the East line of said Lubbock Land Co. Tract, a distance of 138.50 feet to a 3/8" iron rod found in the North line of Ranch Acres, an Addition to the City of Lubbock; THENCE S. 89057'40" W. a distance of 30.00 feet to a set '/2" iron rod with cap; THENCE Northeasterly around a curve to the right, said curve having a radius of 334.70 feet, a central angle of 24°26'38", tangent lengths of 72.50 feet, a chord distance of 141.71 feet, and a chord bearing of N. of 12010'59" E. to the Point of Beginning, and containing 2796 square feet. SECTION 2. THAT the owners of said tracts, being LUBBOCK LAND COMPANY, THREE LTD., a Texas Limited Partnership BE offered through the Right -of -Way Department of the City of Lubbock the amount of $66,150 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 1 lth day of August, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting on this item and filed the necessary affidavit with the City Secretary's Office. Ed Bucy, Right -of -Way Agent, presented staff comments. The four tracts of land are needed for the new road to be constructed from 69th Street and Slide Road westward to 66th Street and Bangor Avenue. At present, there is not a road at this location and 66th Street going eastward from Bangor Avenue is not dedicated. The four tracts of land we need are as follows: Major portion of 66th Street - 70,067 sq. ft. Isolated tract of land due to location of road near 66th Street and Albany Avenue - 25,173 sq. ft. AUGUST 11, 1994 Page 478 Isolated tract of land due to location of road near 67th Street and Albany Avenue - 6,959 sq. ft. Portion of Albany Avenue Dedication - 2,796 sq. ft. The total area of the four tracts is 104,995 square feet. Merle Blosser, M.A.I., was the appraiser on this project. He valued these square foot takings at 63 cents per square foot for a total amount of $66,150. This 63 cents per square foot was determined by comparing seven (7) recent land sales for apartment zoned land and adjusting them as to sales price, time, size, and location. Mr. Bucy indicated that a proposed contract for sale of other property in the area is $1.00 per square foot. If the City of Lubbock were to offer $1.00 per square foot for the property in question, the offer would be $104,995. Taking this proposed contract into consideration, Mr. Bucy suggested that the City offer 76 cents per square foot, for a total offer of $79,796.20. Mr. Blosser said that, from a common sense standpoint, the 76 cent value is valid. When asked how he would testify regarding his appraisal, Mr. Blosser indicated that he would stand by his original appraisal of 63 cents per square foot. A motion by Councilmember Cooke to offer 76 cents per square foot died for lack of a second. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to offer 63 cents per square foot. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused. (18.) Consider Resolution #4575 authorizing the Right -of -Way Department to make an offer to the Texas Project, William T. Stadley, Delmar W. Stone and Robert Dandeneau for four (4) tracts of land located in Section 27, Block E-2 (6805 Albany). RESOLUTION #4575 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes public purposes, to -wit: for the widening of 66th Street to 69th Street and Bangor Avenue to Slide Road, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT 1 METES AND BOUNDS DESCRIPTION of that tract of land conveyed to William T. Sadley and Delmar W. Stone in Volume 3281, Page 63 of the Real Property Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northwest corner of that tract conveyed to William T. Stadley and Delmar W. Stone in Volume 3281, Page 63 of the Real Property Records of Lubbock County, Texas, which bears N. 89°57'50" W., a distance of 1321.38 feet and S. 00°02'20" E. a distance of 1042.08 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; AUGUST 11, 1994 Page 479 THENCE N. 89057'30" E., along the North line of said Stadley/Stone Tract, a distance of 947.33 feet to a 1/2" iron rod with cap set for the Northeast corner of said tract and the Northwest corner of Lot 1, Gilbert Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 00003'50" E., along the East line of said Stadley/Stone Tract and along the West line of Lot 1, Gilbert Addition, a distance of 139.63 feet to a 1/2" iron rod with cap set for the Southeast corner of said tract and the Southwest corner of said Lot 1, Gilbert Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89058'25" W., along the South line of said Stadley/Stone Tract and along the North line of a 20 foot alley, a distance of 947.39 feet to a 3/8" iron rod found at the Southwest corner of said tract, THENCE N. 00002'20" W., along the West line of said Stadley/Stone Tract, a distance of 138.50 feet to the POINT OF BEGINNING. TRACT 2 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to The Texas Project in Volume 1635, Page 497 of the Deed Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 5/8" iron rod found at the Northwest corner of that tract conveyed to The Texas Project in Volume 1635, Page 497 of the Deed Records of Lubbock County, Texas, which bears N. 89°57'50" W. a distance of 1321.38 feet and S. 00°02'20" E. a distance of 513.84 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE N. 89057'22" E., along the North line of said Texas Project Tract and along the South right-of-way line of 68th Street, a distance of 60.47 feet to a set 1/2" iron rod with cap; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 98000'31", tangent lengths of 17.26 feet, and a chord distance of 22.64 feet to a 1/2" iron rod with cap set for a point of tangency. - THENCE S. 08003'09" E. a distance of 142.69 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 477.30 feet, a central angle of 56°08'20", tangent lengths of 254.53 feet, and a chord distance of 449.18 feet to a 1/2" iron rod with cap set in the West line of that tract conveyed to Don E. McInturff in Volume 1336, Page 274 of the Deed Records of Lubbock County, Texas; THENCE S. 00002'20" E., along the West line of said McInturff tract, a distance of 6.83 feet to a 3/8" iron rod found in the North line of that tract conveyed to William T. Stadley and Delmar W. Stone in Volume 3281, Page 63 of the Real Property Records of Lubbock County, Texas; THENCE S. 89057'30" W., along the North line of said Stadley/Stone Tract, a distance of 112.18 feet to a set 1/2" iron rod with cap; THENCE Northwesterly around a curve to the right, said curve having a radius of 541.30 feet, a central angle of 10033'25", tangent lengths of 50.01 feet, and a chord distance of 99.60 feet, and a chord bearing of N. 48°29'05" W. to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 88023'44", tangent lengths of 14.59 feet, and a chord distance of 20.91 feet to a 1/2" iron rod with cap set for a point of compound curvature; AUGUST 11, 1994 Page 480 THENCE Southwesterly around a curve to the left, said curve having a radius of 274.70 feet, a central angle of 18°09'32", tangent lengths of 43.90 feet, and a chord distance of 86.70 feet, and a chord bearing of S. 39°19'07" W. to a 1/2" iron rod with cap set in the North line of said Stadley/Stone Tract, THENCE S. 89057'30" W., along the North line of said Stadley/Stone Tract, a distance of 67.47 feet to a 1/2" iron rod with cap set for the Northwest corner of this tract; THENCE Northeasterly around a curve to the right, said curve having a radius of 334.70 feet, a central angle of 24°46'33", tangent lengths of 73.51 feet, and a chord distance of 143.61 feet to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 83°05'52", tangent lengths of 13.29 feet, and a chord distance of 19.90 feet to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 541.30 feet, a central angle of 25°51'52", tangent lengths of 124.29 feet, and a chord distance of 242.28 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE N. 08003'09" W. a distance of 15.29 feet to a 1/2" iron rod with cap set in the West line of said Texas Project Tract; THENCE N. 00002'20" W., along the West line of said Texas Project Tract, a distance of 152.17 feet to the POINT OF BEGINNING. TRACT 3 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to The Texas Project in Volume 1635, Page 497 of the Deed Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set for the West line of that tract conveyed to The Texas Project in Volume 1635, Page 497 of the Deed Records of Lubbock County, Texas, which bears N. 89°57'50" W. a distance of 1321.38 feet and S. 00°02'20" E. a distance of 666.01 feet from the Northeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE S. 08003'09" E. a distance of 15.29 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 541.30 feet, a central angle of 25051'52", tangent lengths of 124.29 feet, and a chord distance of 242.28 feet to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 83°05'52", tangent lengths of 13.29 feet, and a chord distance of 19.90 feet to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Southwesterly around a curve to the left, said curve having a radius of 334.70 feet, a central angle of 24046'33", tangent lengths of 73.51 feet, and a chord distance of 143.61 feet to a 1/2" iron rod with cap set for the Northwest corner of that tract conveyed to William T. Stadley and Delmar W. Stone, Volume 3281, Page 63 of the Real Property Records of Lubbock County, Texas, same being in the West line of said Texas Project Tract; THENCE N. 00002'20" W., along the West line of said Texas Project Tract, a distance of 376.07 feet to the POINT OF BEGINNING. AUGUST 11, 1994 Page 481 TRACT 4 METES AND BOUNDS DESCRIPTION of a portion of that tract of land conveyed to The Texas Project in Volume 1635, Page 497 of the Deed Records of Lubbock County, Texas located in Section 27, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the North line of that tract conveyed to William T. Stadley and Delmar W. Stone in Volume 3281, Page 63 of the Real Property Records of Lubbock County, Texas, which bears N. 89°57'50" W. a distance of 1253.91 feet and S. 00°02'20" E. a distance of 1041.99 feet from the Northeast corner of Section 27, Block E- 2, Lubbock County, Texas; THENCE Northeasterly around a curve to the right, said curve having a radius of 274.70 feet, a central angle of 18°09'32", tangent lengths of 43.90 feet, and a chord distance of 86.70 feet, and a chord bearing of N. 39°19'07" E. to a 1/2" iron rod with cap set for a point of compound curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 88°23'44", tangent lengths of 14.59 feet, and a chord distance of 20.91 feet to a 1/2" iron rod with cap set for a point of reverse curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 541.30 feet, a central angle of 10°33'25", tangent lengths of 50.01 feet, and a chord distance of 99.60 feet and a chord bearing of S. 48°29'05" E. to a 1/2" iron rod with cap set in the North line of said Stadley/Stone Tract; THENCE S. 89057'30" W., along the North Line of said Stadley/Stone Tract, a distance of 150.40 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said tracts, being TEXAS PROJECT, A Limited Partnership, WILLIAM T. STADLEY, ROBERT L. DANDENEAU, and DELMAR W. STONE, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $466,600.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 1 lth day of August, 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/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney AUGUST 11, 1994 Page 482 Ed Bucy, Right -of -Way Agent, presented staff comments. These four tracts of land are needed for the construction of the new 66th Street to 69th Street crossover road from Bangor Avenue to Slide Road. These four tracts of land are as follows: Tract 1 - south portion of road (69th St.) with additional land being purchased for buffer zone - 131,747 sq. ft. (3.024) acres. Tract 2 - north portion of road - 45,863 sq. ft. Tract 3 - isolated portion of land - 14,048 sq. ft. Tract 4 - isolated portion of land - 5,804 sq. ft. Total of all four tracts is 197,462 sq. ft. The appraiser of this project was Merle Blosser, M.A.I. He valued this property in two parts. The first valuation is for Tract 1, which contains 131,747 square feet. A portion of Tract 1 is a buffer between the new collector street and the Ranch Acres residents. A meeting was held on January 18, 1994, with property owners in the new collector street corridor as well as affected property owners near the new street location to discuss their concerns. The Ranch Acres neighborhood south of the new collector location had several concerns and requests for the project. Two of their requests were deemed appropriate and incorporated into the project: (1) a 7 foot screening fence on the north side of the alley north of Ranch Acres, and (2) a landscaped buffer between the new collector street location and Ranch Acres. These items satisfied the concerns of the Ranch Acres residents. Mr. Blosser valued this property at $2.00 per square foot, which amounts to $263,500 rounded. The second valuation is for the other three tracts, which contain 67,715 square feet and are comprised of the 45,863 square feet road portion (Tract 2) and the two isolated parcels, Tract 3 and Tract 4, which contain 14,048 square feet, and 5,804 square feet, respectively. Mr. Blosser valued this footage at $3.00 per square feet, which gives us a value of $203,100 rounded. Mr. Blosser used nine sales and adjusted them as to location, size, price, and date to determine these square foot prices. Therefore, the total offer is $466,600. Mr. Blosser said he stands by his valuation of $466,600. The Right -of -Way Department recommended the approval of the offer to the Texas Project, William T. Stadley, Delmar W. Stone, and Robert Dandeneau. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4575 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer abstained. (19.) Consider Resolution #4576 authorizing the Mayor to execute an Agreement between the City of Lubbock and Chatman Memorial Center. Inc.. for funding as a Neighborhood Based Non -Profit Organization to manage a CDBG New Construction Neighborhood Revitalization Project in the Chatman Hill Neighborhood. RESOLUTION #4576 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 Chatman Memorial Center, Inc. to provide funding from Community Development Block Grant funds for the New Construction Neighborhood Revitalization Project in the Chatman Hill Neighborhood. 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. AUGUST 11, 1994 Page 483 Passed by the City Council this 11 th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Juan A. Reyes Juan A. Reyes Housing and Rehabilitation Coordinator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Community Development Block Grant between the City of Lubbock and Chatman Memorial Center, Inc. is filed with Resolution No. 4576. Tony Reyes, Housing and Rehabilitation Coordinator, presented staff comments. On February 24, 1994, the City Council approved Chatman Hill as one of two Target Neighborhoods for the 1994-1995 CDBG funding year. One of the top priorities of the Chatman Hill Neighborhood was the construction of new housing. The Council approved a New Construction Project for the neighborhood and allocated $400,000 of CDBG funds. It was indicated at that time that CDBG funds may not be used for the construction of new permanent residential structures except when carried out by a subrecipient. The City may provide CDBG funds to any of the following three types of subrecipients: Neighborhood Based Non -Profit Organizations Small Business Investment Companies Local Development Corporations The Urban Renewal Board of Commissioners appointed a Special Housing Subcommittee to investigate the availability of a qualified subrecipient. The subcommittee approved a request for proposals to be published calling for a Chatman Hill Neighborhood Based Organization to undertake the neighborhood revitalization (new construction) project in the Chatman Hill neighborhood. Proposals were received until 3:00 p.m. on July 26, 1994. Two Neighborhood based non-profit organizations worked together to submit one proposal for the new construction project. Chatman Memorial Center, Inc. sought and received the endorsement and support of its proposal from the Chatman Hill Neighborhood Association. At its meeting of July 27, 1994, th , I Lousing Subcommittee accepted the proposal from Chatman Memorial Center, Inc. and approved it for recommendation to the full Urban Renewal Board. The Urban Renewal Board of Commissioners met on August 2, 1994, and approved the proposal of Chatman Memorial Center, Inc. for recommendation to the City Council. AUGUST 11, 1994 Page 484 The staff reviewed the proposal of Chatman Memorial Center Inc. along with the subcommittee and full Board and feels that it complies and meets the definition of HUD of a Neighborhood Based Organization. It is noted that Chatman Memorial Center, Inc. is requesting a 10 percent administrative fee to carry out the project. The staff recommended the approval of the Agreement. Councilmember Cooke encouraged Chatman Memorial Center, Inc. to try to leverage the monies before withdrawing the administrative costs. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4576 as recommended by staff, with the above encouragement voiced by Councilmember Cooke. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution #4577 authorizing the Mayor to execute a contract for financial advisory services for the City of Lubbock. RESOLUTION #4577 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and First Southwest Company for financial advisory services, attached hereto, which Agreement 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 detail. Passed by the City Council this 1 lth day of August, 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/ J. Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement for Financial Advisory Services between the City of Lubbock and First Southwest Company is filed with Resolution No. 4577. Robert Massengale, Assistant City Manager, presented staff comments. The contract between First Southwest Company and the City of Lubbock to provide financial advisory services expired on May 11, 1994. Staff surveyed the 13 largest cities in Texas to determine the financial advisors being used and to compare costs for services. The responses were evaluated and it was concluded that First Southwest Company offered the lowest prices. First Southwest Company contains several fees including bond sale, bond counsel, AUGUST 11, 1994 Page 485 travel, and printing costs in its basic fee structure, while the other financial advisors surveyed charge separately for those items. The financial advisory services which First Southwest Company provided to the City were provided to Council. Major services include the following: Evaluate the financial resources of the City to determine the extent of its capacity to authorize, issue, and service debt. Submit recommendations on such elements of the debt instruments under consideration as date of issue, interest payment dates, schedule of principal maturities, etc. Advise the City of current bond market conditions and other economic data pertinent to any debt issuance. Advise the City when current market conditions favor defeasance and offer detailed supporting data so analyses can be made. Prepare the Notice of Sale and Bidding Instructions, Official Statement, Official Bid Form, and other required documents. Assist in providing information for the City's Comprehensive Annual Financial Report. Prepare financial analyses including evaluation of early extinguishment of debt, evaluation of lease or buy decisions, "what -if' forecasting, etc. at no additional charge. �-- Staff recommended that the Mayor execute the contract with First Southwest Company effective through August 11, 1999. The City has worked with First Southwest Company since 1953. Mr. Massengale confirmed that either party can terminate the contract upon written notice. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4577 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer abstained. (21.) Consider Resolution #4578 relating-tothe redem lion of certain certificates of obligation, originally issued as City of Lubbock, Texas Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1992. RESOLUTION #4578 A RESOLUTION relating to the redemption of certain certificates of obligation, approving the form and content of a Special Escrow Agreement with NationsBank of Texas, National Association, for the deposit of funds in an amount sufficient to pay in full certain certificates of obligation and to pav in part certain certificates of obligation; authorizing the execution of such Agreement and resolving other matters incident and related thereto. WHEREAS, the City has heretofore issued and there are currently outstanding, obligations in the total principal amount of $6,295,000 of the following described issue: City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1992 (the "Series 1992 Obligations"); AUGUST 11, 1994 Page 486 WHEREAS, the City is authorized, in accordance with the ordinance authorizing the issuance of the Series 1992 Obligations to call for redemption on February 15, 2002, at the price of par plus accrued interest to the date of redemption, the Series 1992 Obligations originally scheduled to mature on and after February 15, 2003, in the aggregate principal amount of $2,000,000 (hereinafter referred to as the "Defeased Obligations"), - WHEREAS, in accordance with provisions of Section 7A of Article 717k, V.A.T.C.S., as amended, the City is authorized and empowered to deposit available funds directly with any place of payment for the Defeased Obligations in an amount sifficient to provide for the full payment thereof, and such deposit, if made on or before the payment date for such obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the obligations being paid; WHEREAS, in addition to the Defeased Obligations, the Series 1992 Obligations scheduled to mature on February 15 in each of the years 1995 through 2002 are outstanding in the aggregate principal amount of $4,295,000, but are not subject to redemption at the option of the City (hereinafter referred to as the "Non -callable Obligations"); WHEREAS, in order to reduce the amount of ad valorem property taxes that would otherwise be required to be assessed anbd collected with respect to the Non - callable Obligations, the City has determined to provide an invested sinking fund in an amount sufficient to fund $200,000, per maturity for the Non -callable Obligations scheduled to mature in each of the years 1995 through 2002.- WHEREAS, a Special Escrow Agreement has been prepared in connection with the deposit of funds with NationsBank of Texas, National Association to provide for the final payment and discharge of the Defeased Obligations and for the creation of the invested sinking fund for the Non -callable Obligations, such agreement being attached hereto as Exhibit A and incorporated herein by reference as a part of this Resolution for all purposes; and WHEREAS, the Council hereby finds and determines that the form and content of the Special Escrow Agreement, providing for the deposit of funds with NationsBank of Texas, National Association for the final payment and discharge of the Defeased Obligations and for the creation of the invested sinking fund for the Non -callable Obligations should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIYT OF LUBBOCK, TEXAS: SECTION 1: That the above recitals are true and correct; SECTION 2: That the "Special Escrow Agreement", attached hereto as Exhibit A, and incorporated herein by reference as a part of this Resolution for all purposes, is hereby approved as to form and content, and such Agreement is substantially the form and substance attached hereto, is hereby authorized to be executed by the Mayor and City Secretary for and on behalf of the City and as the act and deed City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. SECTION 3: That the City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1992, originally scheduled to mature on February 15, 2003, and in each year thereafter (being $200,00 per year and aggregating $2,000,000 in principal amount) are hereby called for redemption on February 15, 2002, at the price of par plus accrued interest to the date of redemption. AUGUST 11, 1994 Page 487 SECTION 4: That the City Secretary is hereby directed to notify the Paying Agent/Registrar for the Defeased Obligations (NationsBank of Texas, National Association) of the decision to redeem the Defeased Obligations, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. SECTION 5: That the City Manager or any Assistant City Manager is hereby authorized and directed to cause to be deposited with NationsBank of Texas, National Association an amount not to exceed $3,617,000.00 on August 25, 1994, (or such later date as shall be mutually agreeable to the parties) in accordance with the terms of said Special Escrow Agreement. Such deposit shall be made with amounts previously collected as a sales tax for economic development purposes. The City Manager or any Assistant City Manager, any one or more of such officials, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities to be acquired and deposited to the credit of the "Escrow Fund" pursuant to the terms of the Special Escrow Agreement and such other arrangements as may be necessary for the final payment and discharge of the Defeased Obligations and the creation of the invested sinking fund for the Non -callable Obligations in accordance with the Agreement and this Resolution. PASSED AND ADOPTED, this 1 Ith day of August, 1994. CITY OF LUBBOCK, TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson City Secretary The Special Escrow Agreement between the City of Lubbock and NationsBank of Texas, National Association is filed with Resolution No. 4578. A Certificate of City Secretary is filed with Resolution No. 4578. Betsy Wood, Chief Accountant, presented staff comments. On July 14, 1994, the City Council passed a resolution declaring their intent to use Economic Development sales tax proceeds to defease certificates of obligation issued to fund the new State Psychiatric Hospital. This resolution is to approve the content and form of a Special Escrow Agreement with NationsBank and to authorize the Mayor to enter into this Special Escrow Agreement with NationsBank of Texas, National Association to deposit $3,617,000 in an escrow account to provide for the final payment and discharge of the portion of the Series 1992 CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, issued to fund the new State Psyc ;:uric Hospital. The original estimate to defease the portion of certificates issued for the State Psychiatric Hospital was $3,642,000. This original amount included principal necessary to pay debt service from April 15, 1994 through August 15, 1994. Since this agreement will close after the August 15, 1994 debt service payment, the amount necessary to defease the portion of certificates is less. AUGUST 11, 1994 Page 488 The remaining balance in the Economic Development Fund after the transfer of monies to fund the escrow account, is projected to be $1,241,617 (plus accrued interest of $143,054). This resolution is to execute the action necessary to carry out City Council's intention to defease these certain certificates as declared in Resolution #4550, approved on July 14, 1994. Therefore, staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Neugebauer to authorize Resolution #4578 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez was absent from Council Chambers. (22.) Consider Ordinance #9722 to amend Chanter 26, Section 26-22, Subsection (d) of the Code of Ordinances with regard to exceptions for hotel/motel taxes. ORDINANCE #9722 AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-22 OF THE CODE OF ORDINANCES BY AMENDING SUBSECTION (c) WITH REGARD TO EXCEPTIONS FOR HOTEL/MOTEL TAXES; AND BY DELETING SUBSECTION (d); AND PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mark Hindman, Managing Director of Support Services, presented staff comments. State law allows and regulates the collection and usage of hotel/motel taxes. This applies to both the state portion of the tax and the local option (if exercised). The City of Lubbock has exercised the local option by adopting the required ordinance. Regulations covering the state and local portions of the tax are similar except for area of exemptions from the tax. The exemptions were similar prior to a change in the law September 1, 1989. Exempt from the State tax are people traveling on official business for: religious, charitable and educational organization, including college and university personnel (public and private institutions); the federal government; foreign diplomatic personnel; and all Texas state employees, members of state boards and members of state commissions. Exempt from the local taxes are people traveling on official business for: the federal government; foreign diplomatic personnel; and all Texas state employees except for state college and university personnel. The major difference is that religious, charitable and education organizations are not exempt from the local tax. Local government employees or officials are not exempt from either the local or State tax. While some local discretion is allowed in the usage of collected taxes, there is no discretion regarding the exemptions provided. The exemptions must be provided to all those meeting the criteria established in the state law for the State and local taxes, but the exemption cannot be extended to anyone else. In reviewing the ordinance covering the local hotel/motel taxes it was discovered that the ordinance had not been amended to reflect the change in state law enacted in 1989. The current Code of Ordinances for the City allows an exemption from the local share of the hotel/motel tax for religious, charitable or educational non- profit groups. While these groups are exempted from the state portion of tax AUGUST 11, 1994 Page 489 they are not exempt from the local portion. While the local ordinance is superseded by state law, this portion of the ordinance is confusing and could possibly be leading local hotels to provide exemptions to people who are not eligible. The hotels/motels are liable for collection of the tax according to state law and can be required to reimburse either the State or local government for unauthorized exemptions. In order to clarify this situation, it was recommended that the ordinance be amended to eliminate reference to the specific exemptions and refer to state law for those exemptions. This will eliminate any potential conflicts between the local ordinance and state law in reference to exemptions. The City Accounting Department is responsible for collection of the local/hotel taxes. Currently the City does not have a program for auditing compliance with collection and remittance procedures. This is a goal for the upcoming fiscal year. The first step will be to meet with the hotels/motels to ensure they are acquainted with the legal requirements regarding exemptions. Prior to this meeting staff felt it was important to remove any confusion regarding the local ordinance and state law. Because the state law specifically dictates and limits the hotel/motel tax exemptions, the staff recommended amendment of the ordinance to keep this section continually in compliance with state law. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9722 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. (23.) Consider Resolution #4579 expressing intent to enter into a tax abatement agreement with Mr. Ronald E. Thomason, dba, Avenue H Properties (Located at 1807 Avenue H). RESOLUTION #4579 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Avenue H Properties; and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Avenue H Properties, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in Block :, Lots 4 & 5, Original Town, City of Lubbock, Lubbock County, Texas. AUGUST 11, 1994 Page 490 Passed by the City Council this 11 th day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Notice of Intent of the City Council of the City of Lubbock to Enter Into an Agreement to Abate Taxes on Real Property Improvement and Tangible Personal Property Located in Block 231, Lot 4 & 5, Original Town Lubbock, City of Lubbock, Lubbock County, Texas is filed with Resolution No. 4579. Rod Ellis, Director of Business Relations/Economic Development, presented staff comments. Ronnie Thompson, dba Avenue H Properties, made application for Commercial Tax Abatement in the North Enterprise Zone. Mr. Thompson plans to renovate an existing building located at 1807 Avenue H in the Depot District for the purpose of operating a restaurant and brewery. Mr. Thompson estimates that plumbing, electric, roofing and interior finish costs will be $225,000, and cost for furnishings will be $75,000. The current assessed land value is $11,375, and the building value is $6,700. Mr. Thompson estimates that the new restaurant will create approximately 45 new jobs. The restaurant/brewery project will benefit the Depot District and will create employment opportunities in the North Enterprise Zone, as well as an enhancement to the tax base. Staff recommended favorable consideration of the request and approval of the contract for tax abatement. The contract provides for a five-year abatement. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4579 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. AUGUST 11, 1994 Page 491 (24.) Consider Resolution #4580 expressing intent to enter into a tax abatement agreement with Mr. Gordon W. Davis, dba Creative Educational Video, Inc. (Located at 1020 S.E. Loop 289). RESOLUTION #4580 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Creative Educational Video, Inc., and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Creative Educational Video, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in Lot 1, CMR Industrial Park, City of Lubbock, Lubbock County, Texas. Passed by the City Council this 1 Ith day of August, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Notice of Intent of the City Council of the City of Lubbock to Enter Into and Agreement to Abate Taxes on Real Property Improvement and Tangible Personal Property Located in Lot 1, CMR Industrial Park, City of Lubbock, Lubbock County, Texas is filed with Resolution No. 4580. Rod Ellis, Director of Business Relations/Economic Development, presented staff comments. Mr. Gordon Davis, dba Creative Educational Video, Inc., applied for Commercial Tax Abatement in the South Enterprise Zone on an existing building located at 1020 S.E. Loop 289. Creative Educational Video is a Lubbock -based corporation that produces and markets educational materials nationwide. The corporation plans to renovate an existing facility which is valued at $207,478 with a land value of $91,835. AUGUST 11, 1994 Page 492 Creative Educational Video, Inc. will be relocating into the South Enterprise Zone from Southwest Lubbock. Current annual sales for C.E.V., Inc. are $1,350,000. C.E.V., Inc. currently provides 21 jobs and plans to add an additional five jobs within one year. Creative Educational Video, Inc. will create additional employment opportunities in the South Enterprise Zone, as well as an enhancement to the tax base. Staff recommended favorable consideration and approval of the contract for tax abatement. The contract provides for five-year abatement. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4580 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider a resolution authorizing a change to the current City Council Rules, Order of Business, and Procedure Manual regarding agenda format. Betty Johnson, City Secretary, presented staff comments. A change to the current City Council Rules, Order of Business, and Procedure Manual regarding agenda format is needed due to the recent restructuring of the City of Lubbock organizational chart. The current agenda format reflects the previous organizational structure, when Department Heads reported directly to Assistant City Managers. The proposed agenda format reflect the new organizational chart, based on Managing Director areas rather than Assistant City Manager areas. This item requires introduction of the resolution at one meeting, followed by authorization for adoption of the resolution at a subsequent meeting. Further, at least six members of the City Council must approve the change. It was staffs recommendation to adopt the proposed agenda format to better reflect the new organizational structure. This item was passed by minuted action only. (28.) Confirm reappointment of Brian Shannon to the Mental Health and Mental Retardation Board of Trustees. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to reappoint Brian Shannon to the Mental Health and Mental Retardation Board of Trustees. Motion carried: 7 Yeas; 0 Nays. (29.) Confirm appointment of A. C. Bowden and Charles Planks to the Building Board of AvReals. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint A.C. Bowden and Charles Planks to the Building Board of Appeals. Motion carried: 7 Yeas; 0 Nays. (30.) Confirm appointment of Winona Cone, Victor Hernandez, and Dowid Sowell to the Community Services Commission. Y Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Winona Cope, Victor Hernandez, and David Sowell to the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. AUGUST 1 1, 1994 Page 493 (31.) Confirm appointment of Mattie Henderson, Jim Riddle, and Connie Coleman to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Mattie Henderson, Jim Riddle, and Connie Coleman to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Nays. (32.) Confirm appointment of Windy Sitton to the South Plains Association of Governments. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Windy Sitton to the South Plains Association of Governments. Motion carried: 7 Yeas; 0 Nays. (33.) Confirm appointment of Rita Melton to the Goals for Lubbock Transportation Subcommittee and Nevill Manning to the Goals for Lubbock Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Rita Melton to the Goals for Lubbock Transportation Subcommittee and Nevill Manning to the Goals for Lubbock Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee. Motion carried: 7 Yeas; 0 Nays. (26.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A) pending or contemplated litigation (Water Utilities and Citibus (27.) Hold an executive session, in accordance with V.T.C.A. Government Code, �. Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development Advisory Committee Airport Board Canadian River Municipal Water Authority Board and Commission Advisory Board Mental Health and Mental Retardation Board of Trustees Building Board of Appeals Community Services Commission Civic Centers Board Lubbock Industrial Development Corporation Mental Health and Mental Retardation Public Responsibility Committee Permit and License Appeal Board AUGUST 11, 1994 Page 494 Planning and Zoning Commission Public Transit Board "Goals for Lubbock: A Vision Into the 21st Century" There being no further business to come before Council, motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to adjourn the meeting at 1:55 p.m. Motion carried: 4 Yeas; 0 Nay --Mayor Langston, Councilmember Sitton, and Councilmember Ince were abse t from Coun ' chambers. VID R. LANrjSTON, *A)YOR ATTEST: ) A C��L — Betty . Johnson, ity Secretary Read and approved this the 25th day ATTEST: lb�,_ I A - betty A Johnson, ity Secretary