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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1994SEPTEMBER 8, 1994 Page 534 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 8, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of September 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David IL Langston, Mayor Pro Tern Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T.J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, First Assistant City Manager David Ellison, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:20 A.M. ( 1.) The Invocation was given by Mark Hindman, Director of Support Services. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments (4.) Penny Morin. Chairperson of the Fiestas del Llano Committee, appeared to discuss the slate of events and accent Mayor Langston's proclamation for the 16 de septiembre--Fiestas Patrias Celebration scheduled for September 15- 18. ►.+- Ms. Penny Morin explained the historical significance of the Fiestas Patrias Celebration and gave a brief overview of the slate of activities. She explained that each year the City of Lubbock provides support to the Fiestas del Llano Committee for the 16 de septiembre—Fiestas Patrias Celebration. The activities include food vendor booths, exhibits, and entertainment. The event is held in the southwest parking and plaza area of the Lubbock Memorial Civic Center. In addition, an outdoor stage is set up and traditional and contemporary Hispanic music and entertainment is a highlight of the Fiestas activities. The activities also include a "Miss Fiestas del Llano Scholarship Pageant," which is held in the Civic Center Theater, and a parade on Saturday, September 17, which begins on the Tech campus and concludes at the Civic Center parking lot. Although this is the tenth anniversary of the Fiestas del Llano Committee sponsorship of the event, the 16 de septiembre Celebration has been held in Lubbock for many years. Lubbock spotlights its pride in the Mexican and Mexican -American heritage of Texas with its recognition of the celebration of Mexican Independence. This year's Fiestas celebrates the 184th anniversary of the beginning of Mexico's struggle for independence from Spain. It commemorates the shout for freedom issued by Father Miguel Hidalgo y Costilla to his congregation early on the morning of September 16, 1810, in the village of Dolores in Guanajuato. This cry was the Mexican "Declaration of Independence" and began the war which freed Mexico from Spanish rule. Since Texas was part of colonial New Spain in 1810, the Mexican Revolution can be considered as the first step toward Texas independence. In addition to September 16 being recognized as the day which marked the beginning of Mexico's struggle for independence, it is also the anniversary of the Mexican National Anthem. The Anthem was first sung on September 16, 1854 as part of the 16 de septiembre Celebration at the National Theater in Mexico City. SEPTEMBER 8, 1994 Page 535 This plurality of events explains why the celebration is often called "Fiestas Patrias" or Patriotic Festivals. Honorary Citizenship presentations to members of the St Petersbur8 Ballet, Company. Mayor Langston presented honorary citizenships to members of the St. Petersburg, Russia, Ballet Company. (5.) Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve the minutes of the August 25, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. (6.) ORDINANCE #9723--Abandoning and closing Portions of two alleys located in Section 4, Block 0 (2202 Idalou Road) ORDINANCE #9723 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEYS: TWO (2) FIFTEEN FOOT ALLEYS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, BLOCK O, 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. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9723 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) ORDINANCE #9724--Abandoning and closing a 30-foot access easement located in Section 28, Block E-2 (5702 Spur 327) ORDINANCE #9724 AN ORDINANCE ABANDONING AND CLOSING A 30 FOOT ACCESS EASEMENT LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS AND RECORDED IN VOLUME 3237, PAGE 122 OF THE OFFICIAL REAL PROPERTY RECORDS OF 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 Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9724 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. SEPTEMBER 8, 1994 Page 536 (8.) ORDINANCE #9725--Amending Articles H. III and W of Chanter 28 Water and Sewers of the City of Lubbock Code of Ordinances ORDINANCE #9725 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WATER SERVICE CONNECTIONS; SEWER SERVICE CONNECTIONS; PRO RATA CHARGES FOR WATER AND/OR SEWER SERVICE; UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9725 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE #9726--Zone Case No 2737 (4408 and 4410 19th Street) Request of Hugo Reed & Associates. Inc., (for David Carmichael, M.D.) for a zoning change from R-1 to C-2 on the west ten feet of Lot 3 and all of Lots 4 and 5. Block 1. West Gate Drive Addition ORDINANCE #9726 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2737; A ZONING CHANGE FROM R-1 TO C-2 ZONING ON THE WEST 10 FEET OF LOT 3, AND ALL OF LOTS 4 AND 5, BLOCK 1, WEST GATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9726 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9727--Zone Case No 2741 (2800 Block of Hickory) Request of Urban Renewal Agency c/o Housing Rehabilitation Section (for Jimmy Peterson) for a zoning change from R-1 to R-2 (for duplexes) on Lots 1 9. Block 24, Coronado Addition ORDINANCE #9727 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2741; A ZONING CHANGE FROM R-1 TO R-2 ZONING ON LOTS 1-9, BLOCK 24, CORONADO ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9727 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. SEPTEMBER 8, 1994 Page 537 (11.) ORDINANCE #9728--Zone Case No. 1788-C (4817 50th Street) --Request of David and Sue Pirtle for a zoning change from C-2 to C-4 Specific Use (for a self -storage facility) on a tract out of Section 9, Block E-2 ORDINANCE #9728 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1788-C; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR A SELF -STORAGE FACILITY ON A TRACT OUT OF SECTION 9, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9728 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12). ORDINANCE #9729--Zone Case No. 1061-G (south of 4th Street and east of Frankford Avenue) --Request of Dunaway Associates Inc., (for Wal-Mart Stores. Inc.) for a zoning change from R-1 Specific Use to C-3 on a tract out of Section 4, Block E-2. ORDINANCE #9729 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-G; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 SPECIFIC USE ZONING FOR A WAL-MART SUPER CENTER WITH A GARDEN CENTER AND C-3 ON A TRACT OUT OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9729 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) ORDINANCE #9731--Approving and adopting a budget for Fiscal Year 1994-1995. ORDINANCE #9731 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1994-95; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1993-94; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1993-94 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9731 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. SEPTEMBER 8, 1994 Page 538 (14.) OR_D_INANCE #9732--Setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for the year 1994 ORDINANCE #9732 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1994, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9732 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) ORDINANCE #9733--Amending Chapter 28 of the Code of Ordinances with regard to rates charLyed for sewer service. ORDINANCE #9733 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 28-86 WITH REGARD TO RATES CHARGED FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9733 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #4594 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the Texas Department of Transportation plans to construct paving improvements on U.S. 62 and 82 from Oxford Avenue to Lubbock West City Limit being State Highway Project CPM-380- 1-58, attached herewith, which shall be included in the minutes of the Council and shall constitute and be a part of this Resolution as if fully copied therein in detail.. SEPTEMBER 8, 1994 Page 539 Passed by the City Council this 8th day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The project consists of asphalt overlay to be constructed by TxDOT on U.S. 62/82. The estimated cost of construction is $1.2 million. The contract is proposed to bid on November 1994 and will take six months to complete. TxDOT requests that the Mayor sign the cover sheet on plans for their projects that are within the City of Lubbock so that the Council is aware of the proposed construction. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution 94594 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution #4595 accepting paving improvements constructed by Williams and Peters Construction Co.. Inc., in Lakeridge Country Club Estates Addition, Lots 894-915. RESOLUTION #4595 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A STREET 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 894-915, Lakeridge Country Club Estates Addition, made arrangements with Williams & Peters Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition including the following street: York Place from the South lip line of 92nd Street to the South end of the cul-de-sac South of 92nd Street, known and dedicated as New Subdivision Sub -Unit Number 50 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned street 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 SEPTEMBER 8, 1994 Page 540 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 portion of the above -mentioned street BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 8th day of September, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting the new Lakeridge Country Club Estates Addition. These improvements consist of street paving and curb and gutter at the following location: York Place from 92nd Street to the cul-de-sac south of 92nd Street. There is no City cost due the Contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4595 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Ordinance #9734 abandoning and closing a 20-foot alley in Section 13, Block E-2 (8302 Boston Avenue) ORDINANCE #9734 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 13, BLOCK E-2, 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 `0 REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 20-foot east -west alley along the south property line of Tract B, High Plains Addition. United Supermarkets owns this property and will dedicate a new alley along the south line of this alley being closed. The alley area will remain as an easement. All utilities are in agreement with this use, and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. SEPTEMBER 8, 1994 Page 541 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9734 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Ordinance #9735 abandoning and closing a switch enclosure easement and a five-foot underground utility easement located in Section 28, Block E-2. and a five-foot underground utility easement located in Lot 4. Westac Addition (5901 Frankford Avenue). ORDINANCE #9735 AN ORDINANCE ABANDONING AND CLOSING A SWITCH ENCLOSURE EASEMENT IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS; A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 28, BLOCK E-2; AND A FIVE-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 4, WESTAC ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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. These three easements are located south of 58th Street and are being closed by Henry Huneke for replatting purposes. The five-foot underground utility easement (U.U.E.) and the Switch Enclosure Easement (S.E.E.) lie along the east line of Lot 1, Westac Addition and the other five-foot U.U.E. lies along the east five -feet of Lot 4, Westac Addition. The lot size of these two lots will be replatted eastward to make larger lots and three new easements will be dedicated along the new eastern lot line boundary. No utility problems are seen with these closures. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9735 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider a lease renewal with the Department of Transportation. Federal Aviation Administration to provide office space for the Lubbock Airway Facilities Sector Field Office (SFO-H). RESOLUTION #4596 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 Lease No. DTFA07-95-L-01045 with the United States of America for space at Lubbock International Airport for a Federal Aviation Administration Sector Field Office, 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. SEPTEMBER 8, 1994 Page 542 Passed by the City Council this 8th day of September, 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 U.S. Government Lease for Real Property is filed with Resolution No. 4596. The mission of the Sector Field Office is to ensure the efficient movement of air traffic. Sector personnel are charged with the responsibility of operating all automated aviation approach and landing systems at the airport. This lease accommodates 2,699 square feet of floor space in the south end of the old terminal building. The lease begins on October 1, 1994, and will produce $19,567.75 in annual rent. The term is for one year with annual renewals not to extend beyond September 30, 1999. New conditions agreed to in the lease reference resurfacing the sector office parking lot and painting. The parking lot will be included in this year's City-wide seal coat program. The Airport Board considered this item to be routine and approved the recommended lease. The staff recommended that the Council uphold the Airport Board recommendation. Motion was made by Councilmember Cooke, seconded by CouncHmember Hernandez to authorize Resolution #4596 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution #4597 authorizing the Mayor to sign an application for a grant, under the Department of Transportation. Federal Transit Act, as amended, to provide technical studies, capital, and operating assistance RESOLUTION #4597 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 application for a grant, under the Department of Transportation, Federal Transit Act, as amended, to provide for Technical Studies, C ;-;tal, and Operating Assistance for the period from October 1, 1994, through September 30, 1998, 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. SEPTEMBER 8, 1994 Page 543 Passed by the City Council this 8th day of September, 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/ Larry v. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney The Authorizing Resolution filing an application with the Department of Transportation is filed with Resolution No. 4597. Approval of this grant is needed to continue Citibus' current level of operations for fiscal year 1995. An amendment to fiscal year 1993's operating assistance is also included. Assistance with technical studies for fiscal year 1995 is in this grant as well. In order to provide the same quality cost-effective service to its passengers, Citibus must replace its aging fleet. This grant will also provide the capital funds for fiscal years 1995 through 1998. The capital portion of the grant ($9,321,000) is 80 percent federally funded ($7,456,800) and 20 percent locally funded ($1,864,200). The main portion of the capital funding will be used for replacing Citibus' fleet of 34 buses. New radios and electronic fareboxes will also be purchased for the new vehicles. Five vans will be needed to replace the five oldest vans. In addition, two trolleys will be purchased to expand the fleet. Maintenance equipment, such as a floor scrubber and pressure washer, are also included in the application for capital assistance. The portion of the grant that would replace the 34 buses (including radios and fireboxes) is $8,500,000. The federal share is $6,800,000 and the local share is $1,700,000. Of the $1,700,000, the City has requested $1,105,000 from the Texas Department of Transportation Commission, which would make the City share only $595,000. However, the City of Lubbock will not know if the State will fund the $1,105,000 until after the 1995 State Legislative Session which ends in May 1995. The City would not have to come up with any funds until January 1997 when the buses would be delivered. If the City is unsuccessful in receiving State funds, the buses could be delivered over a period of several years. The City portion is not currently budgeted. The technical studies portion of the grant ($65,000) is required to do the planning necessary to maintain eligibility for capital and operating assistance. This portion is also 80 percent federally funded ($52,000) and 20 percent locally funded ($13,000). The operating assistance portion ($3,864,729) of the grant is 50 percent federally funded ($1,932,365) and 50 percent locally funded ($1,932,364). The total City share, as approved by the City Council on August 25, 1994, for the fiscal year 1994-1995 budget is $819,325. Of this amount, $722,125 is operating assistance; $84,200 is capital; and $13,000 is planning. SEPTEMBER 8, 1994 Page 544 (22.) Citibus recommended the approval of this grant application. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4597 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. This item was deleted from the Council agenda. (23.) Consider Resolution #4598 authorizing acceptance of water and sewer improvements for Lot 1. Frankford Business Park RESOLUTION #4598 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 1, FRANKFORD BUSINESS PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lot 1, Frankford Business Park 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 $64,876.56, with the improvements constructed by Utility Contractors of America having a value of $59,165.00, as determined by the unit prices established by said Chapter 28 and $5,711.56 cash paid to the City, which amount includes $3,362.85 cash for adjacent lines with Lubbock Development, Inc., the developer, to receive a refund of $54,833.33 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 $54,833.33 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 8th day of September, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT /s/ Michael E. Murphy Michael E. Murphy Senior Utilities Engineer /s/ David R. Langston DAVID R. LANGSTON, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney SEPTEMBER 8, 1994 Page 545 This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $64,876.56 including value of the construction costs of $59,165 and $5,711.56 cash paid to the City of Lubbock. The developer, Lubbock Development, Inc., will receive a refund of $54,833.33 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 Cooke, seconded by Councilmember Hernandez to authorize Resolution #4598 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Resolution #4599 authorizing the Mayor to approve the proposed Fiscal Year 1994-1995 Lubbock Emergency Communication District budget. RESOLUTION #4599 WHEREAS, under the authority of V.T.C.A, Health & Safety Code, Chapter 772, Subchapter D, Lubbock County voters approved in a Lubbock County Election, April 5, 1986, the creation of the Lubbock Emergency Communication District; and WHEREAS, the Lubbock Emergency Communication District Board of Managers approved the L.E.C.D. proposed budget for FY 1994-95 and set the service fee at 4.5% of the telephone base rate, acting under the authority of V.T.C.A., Health and Safety Code, Section 772.314; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock City Council hereby approves the Lubbock Emergency Communication District Budget for Fiscal Year 1994-95 and the L.E.C.D. action in setting the service fee at 4.5% of the telephone base rate as defined by V.T.C.A., Health & Safety Code, Section 772.314. Passed by the City Council this 8th day of September, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan T. Dennison Dan T. Dennison, Manager of Communication Services and Emergency Preparedness APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of the Lubbock Emergency Communication District FY 1994/95 Budget is filed with Resolution No. 4599. Lubbock County voters approved the creation of the L.E.C.D. in an election on April 5, 1986. In accordance with Texas Health and Safety Code Section 772.301 SEPTEMBER 8, 1994 Page 546 through 772.329, the L.E.C.D. is required to submit its annual budget for approval to each governing body within the boundaries of the District. The proposed service fee of 4.5 percent of the telephone base rate is identical to the rate approved for the current fiscal year. Because an increase in the number of telephones is anticipated, a small increase in revenues is projected. This amount is required for operations. Recent legislation requires the District to interface (via new connections and database) with private switch providers in PBX facilities. Training projects will be provided for local telecommunicators. City communications officers will participate in these training opportunities. The Lubbock Emergency Communication District Board of Managers, including the two representatives appointed by the City Council, has approved the proposed FY 1994-95 budget. The proposed service fee rate is unchanged from the present rate. The staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4599 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider request from Sexton Enterprises for renewal of taxicab and limousine permits. The current vehicle for hire operating permits for taxicab and limousine service for Sexton Enterprises expired on August 26, 1994. In order for Sexton Enterprises to continue operation, it is necessary for Council to renew the permits for another year. Mr. Steve Sexton, General Manager of Sexton Enterprises, has submitted those items required for renewal of both permits. These have been reviewed and approved by staff. Mr. Sexton has met the renewal requirements as outlined in the ordinance. The fare schedule proposed by Sexton Enterprises is unchanged over the schedule which was approved effective October 13, 1990. In addition, Sexton has also submitted their financial records for review. These records were submitted to the City of Lubbock Internal Audit Department and no significant problems were identified with regard to their financial records. The inspection of the fleet by the City of Lubbock Garage has also been completed. Based on submission of the items required under the vehicle for hire ordinance, staff recommended approval of Mr. Sexton's request for permit renewals for both taxicab service and limousine service. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to accept renewal of taxicab and limousine permits for Sexton Enterprises as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) BID #12959--Security Lighting at A B. Davis & Higginbotham Park (Park Development). RESOLUTION #4600 BE IT RESOLVEv 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 Lacron Enterprises of Lubbock, Texas to furnish and install all materials as bid for the Security Lighting at A.B. David and Higginbotham Park, 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. SEPTEMBER 8, 1994 Page 547 Passed by the City Council this 8th day of September, 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 8th day of September, 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 Larcon Enterprises of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12959 -- Security Lighting at A.B. Davis and Higinbotham Park in the amount of $48,131.00 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. SEPTEMBER 8, 1994 Page 548 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: APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: LARCON ENTERPRISES By: /s/ Larry W. Anderson Title: Owner COMPLETE ADDRESS: 3609 57th Street Lubbock, Texas 79413 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) BID #12999--Office Supplies - Annual Pricing Print Shop). Hester's Office Center, Lubbock, TX Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) BID #13026--Computer Hardware and Software (Information Services) Microage Computer Center, Lubbock, TX --HARDWARE: Advanced Logic Research, Inc.; Advantis; Agile; Cisco Systems, Inc.; Compuadd Computer Corp., - Data Contrao Systems; Datapoint Corp.; Dynapoint, Inc.; Fibercom, Inc.; Fibermux Corp.; Fibronics International Inc.; Ithaca Perpherals Inc.; Memorex Telex Corp.; Minolta Corp.; Pennant Systems Co.; Qume; Racon, Inc.; Rad Data Communications, Inc.; Radix Corp.; Recognition Technology, Inc.; Rockwell International, Corp.; Siemon; Spur Products; Sun Microsystems Computer Corp.; Tellabs, Inc.; Wall Data, Inc.; Wellfleet Communications, Inc.; Xerox Corp.; AmeriCable; SimWare; Belden; Systems Innovators, Inc.; SOFTWARE: American Small Business Computers, Inc.; Bode Research Group; Borland International; Brightworks D•-:lopment, Inc.; Cabletrom Systems; Central Point Software; CMHC; DataStorm Technologies, Inc.; Direct Access; Evercom Communications; Facility Management Technology; Fifth Generation; Firefox; Fischer; Fisher; FTP Software; Golden SW, Inc.; Great Plains Software; Hall o Gram Publishing; Information Builders; Institute of Police Technology & Mgmt.; Intergraph; Introl; Edwards; Logos; Mapinfo; Marketing Graphics Inc.; Matthew Bender Co.; MicroFocus; MicroSolutions Computer Products; Micro Video Learning Systems; Nashoba Systems; Network General; Oracle; Parson Technology; Personal Bibliographic Software, Inc.; PowerUP; Public Service Computer Software; RealWorld; Refernce Software; SAS; SIRSI; SearchExpress; Soft -Switch; SEPTEMBER 8, 1994 Page 549 SoftCraft, Inc.; SoftLogic Solutions; SPSS; STSC; Tendem; Wall Data Systems; Westlaw; Wolongong Group; WorkPerfect; Zsoft, Inc.; System Innovators, Inc.. McAlex Computer, Lubbock, TX --HARDWARE: Artisoft, Inc.; AST Research Inc.; AT&T; Attachmate Corp.. Caere Corp.; Calera Recognition Systems, Inc.; Canon Computer Systems, Inc.; Cheyenne Software, Inc.; Microcom, Inc.; Microsoft Corp.; Mitsubishi International Corp.; Newport Systems Solutions, Inc.; Relisys; Texas Instruments, Inc.; Toshiba International Corp.; Hayes; SOFTWARE: Adobe Systems, Inc.; Aldus; AT&T; Attachmate; Autodesk; Automated Design Systems; Bitstream; Broderbund Software, Inc.; Caere; Cheyenne Software; ChipSoft; CompuServe; Computer Associates; Computer Software; Concentric Data Systems; Corel; Crystal Software; Delrina Technologies; Eastman Kodak; Funk Software, Inc.; Hayes; Lotus; Microcom; Microsoft; Norton; Norton -Lambert; PowerSoft; Qualitas; Quarterdeck; Revelation Technologies; SoftKey; Software Publishing Corp; Symantec; Westbrook Technologies; Xerox; Zenographics. Data Pages, Inc., San Antonio, TX --HARDWARE: Adaptec, Inc.; American Power Conversion Corp.; Black Box Corp.; Castelle, Inc.; Conner Peripherals, Inc.; Digicom Systems, Inc.; Extended Systems, Inc.; Fluke Corp.; Fujitsu; Hitachi Corp.; Hyundai Electronics; Inmac Corp.; Intel Corp.; Logitech, Inc.; Maxtor Corp.; Microtek; Mod -Tap; Motorola; Mountain; Palindrom Corp.; Pinnacle; Practical Peripherals, Inc.; DigiBoard; Proteon; Proxima Corp.; Samsung Electronics; Samtron Displays, Inc.; Seiko Instruments; Epson; Shiva; Solectek; Sony Electronics, Inc.; Tecmar, Inc.; 3Com Corp.; 3M; Tripp Lite; U.S. Robotics, Inc.; Xircom, Inc.; Thomas Conrad; Kurta; Megahertz Corp.; Storage Dimensions; Irwin; Maynard; Omega; Panasonic; SOFTWARE: Boca Research; Conners; DigiBoard; Emerald Systems; Intel; Irwin; Kurta; Logitech; Maynard; PKWare; Racal-Datacom; Thomas Conrad; Xircom; Global; Altex; Misco. QA Systems, Austin, TX --SOFTWARE: Digital Equipment Corp.; DISTRIBUTOR CATALOG - HARD COPY: Gates/FA; Merisel; Tech Data; Ingram Micro; Intelligent Electronics. Compurex Systems Inc., Easton, MA --HARDWARE: Digital Equipment Corp.. Matrix Data, Cleveland, OH --HARDWARE: Calcomp Inc.; Hewlett-Packard Co.; Lexmark International, Inc.; NEC; Okidata; Infocus Systems, Inc.; DISTRIBUTOR CATALOG - HARD COPY: MicroAge; DISTRIBUTOR CATALOG - DISK COPY: MicroAge; Merisel; Tech Data. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) BID #13035--Excavation and Grading of Cell IV (B) 2.3. 4 (Solid Waste) RESOLUTION #4601 BE IT RESOLVP-D 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 R.E. Monks Construction Company of Artesia, New Mexico to furnish and install all materials as bid for the Excavation and Grading of Cell IV (B) 2, 3, 4, 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. SEPTEMBER 8, 1994 Page 550 Passed by the City Council this 8th day of September, 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 8th day of September, 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 R. E. Monks Construction Company of the City of Colorado Springs, County of Colorado Springs, and the State of Colorado, 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. 13035 -- Excavation and Grading of Cell IV (B) 2, 3, 4 in the amount of $944,338.50 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 -, 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. SEPTEMBER 8, 1994 Page 551 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/ Quentin M. Thomas APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: R.E. Monks Construction Company By: /s/ Daniel R. Monks Title: Executive Vice President COMPLETE ADDRESS: P.O. Box 25579 Colorado Springs, Colorado 80936 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider making offer for acquisition of the old Thompson Junior High site at 13th and Avenue T. Rusty Black, Park Maintenance Superintendent, presented staff comments. At the August 25, 1994, City Council Meeting representatives from the Overton South Neighborhood Association and other individuals from that area appeared before Council to request the old Thompson Jr. High School site be purchased by the City for use as a parksite. After several citizens testified, staff was asked to place this item on a future Council agenda. In 1983 the M.C. Overton Park was acquired using community development block grant funds. It was the intent to continue the expansion of the park by purchasing the remaining half block and full block immediately south of the park as a part of the comprehensive land use plan. Four lots on the east end of the half block to the south were purchased and the houses demolished. Funds have not been available to purchase the remaining properties or relocate the citizens residing in the houses. Members of the neighborhood association requested that the City purchase approximately six acres north of the park instead of the area to the south. This property is owned by Mr. Sessions and Mr. Talkington, they were contacted to determine if they would be interested in selling the property. The owners indicated that they w- - -� :? be interested in selling the property to the City for municipal use. The neighborhood association requested that consideration be given to use funds from the one-half cent sales tax that is being considered for an economic development reserve account. It was the consensus of Council to hold on this item until the Park and Recreation Board has had an opportunity to consider the acquisition. Staff will bring a recommendation to Council at a future Council meeting. SEPTEMBER 8, 1994 Page 552 (31.) Consider Resolution #4602 authorizing acceptance of water and sewer improvements for Lots 71-122, and Tract B, Regal Park Addition. RESOLUTION #4602 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 71 THROUGH 122 AND TRACT `B" REGAL PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 71 through 122 and Tract `B'; Regal Park 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 $80,979.41, with the improvements constructed by Utility Contractors of America having a value of $69,572.70, as determined by the unit prices established by said Chapter 28 and $11,406.71 cash paid to the City, which amount includes $7,222.22 transferred funds for adjacent lines, and $2,504.25 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $15,944.24 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 $15,944.24 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 8th day of September, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT /s/ Michael E. Murphy Michael E. Murphy Senior Utilities Engineer /s/ David R. Langston DAVID R. LANGSTON, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney This is a routine acceptance of water and server improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $80,979.41 including value of the construction costs of $69,572.70 and $11,406.71 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will receive a refund of $15,944.24 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. SEPTEMBER 8, 1994 Page 553 Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #4602 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-Councilmember Neugebauer recused and excused himself from discussion and voting on this item. (32.) Consider Resolution #4603 authorizing a change to the current City Council Rules. Order of Business, and Procedure Manual regarding agenda format. RESOLUTION #4603 WHEREAS, the City Council did by Resolution No. 1610 embody policies and procedures pertaining to the operation of the City of Lubbock in Volume 1 of a Policies and Procedure Manual; and WHEREAS, the City Council deems it to be in the best interest of the City of Lubbock to amend certain policies and procedures as set forth in said manual; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council Rules, Order of Business and Procedures as set forth in Volume 1 of the Policies and Procedure Manual of the City of Lubbock BE and is hereby amended as follows: That the current City Council Rules, Order of Business and Procedures as set forth in Volume 1 above -mentioned be and are hereby amended to incorporate all the amendments and changes as set forth in Exhibit A, which Exhibit is attached hereto and made a part hereof. SECTION 2. THAT the City Manager, or his designated representative, shall incorporate the above amendments into the City Council Rules, Order of Business and Procedures. Passed by the City Council this 8th day of September, 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/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John C. Ross_ Jr. John C. Ross, Jr., City Attorney A copy of Exhibit A is filed with Resolution No. 4603. A change to the current City Council Rules, Order of Business, and Procedure Manual is needed due to the recent restructuring of the City of Lubbock organizational chart. The current agenda format is organized along assistant city manager lines of authority. The proposed agenda format is organized along managing director lines of authority. This item was introduced at the August 11, 1994, City Council meeting, to be followed by authorization for adoption at a subsequent meeting. At least six members of the City Council must approve the change. SEPTEMBER 8, 1994 Page 554 It was the staff recommendation to adopt the proposed agenda format. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4603 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (33.) Consider Ordinance #9736 amending Chapter 18 of the Code of Ordinances with regard to prohibiting the discharge of firearms by minors and limiting access to firearms and ammunition by minors. ORDINANCE #9736 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO PROHIBITING THE DISCHARGE OF FIREARMS BY MINORS; PROHIBITING ADULTS FROM PERMITTING UNSUPERVISED ACCESS TO FIREARMS AND AMMUNITION BY CHILDREN IN ORDER TO PREVENT THE DISCHARGE OF FIREARMS BY MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ken Walker, Chief of Police, provided staff comments. In recent years, the City of Lubbock has experienced an increase in the number of violent acts committed by juveniles with firearms. Since it is illegal for juveniles to purchase firearms and ammunition, it is the duty of the adult firearm owner to ensure that their firearms and ammunition do not fall into the hands of unsupervised juveniles not trained in firearm safety. Under the authority granted municipalities to regulate firearms discharged within the limits of that municipality, the key provisions of this amendment are: Makes it unlawful for an adult to permit a child unsupervised access to firearms/ammunition which could result in the discharge of the firearm by the child. Makes violation of the ordinance a misdemeanor punishable by a fine of up to $500. The Police Department recommended the approval of this ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9736 as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. (34.) Consider Ordinance #9737 amending Chapter 18 of the Code of Ordinances with regard to the juvenile curfew. ORDINANCE #9737 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SUB - MINORS' CURFEW BY AMENDING THE HOURS OF CURFEW FOR SUB - MINORS TO INCLUDE THE HOURS OF 9:00 A.M. TO 2:30 P.M. ON SCHOOL DAYS; PROVIDING CERTAIN EXCEPTIONS; PROVIDING FOR CHANGES IN POLICE PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Ken Walker, Chief of Police, provided staff comments. There continues to be a growing concern both on the part of the Lubbock Police Department and the SEPTEMBER 8, 1994 Page 555 citizens of Lubbock regarding the increase in juvenile violence and juvenile crime in Lubbock. Although curfew ordinance is certainly not the ultimate solution to this problem, it does provide the Police Department with some additional tools to use in addressing some of these problems. The key revisions to the current curfew ordinance are: Curfew hours are amended to include the hours of 9:00 a.m. to 2:00 p.m. on school days in addition to the current curfew hours. Provides for changes in the current process required for issuing citations. Currently, the ordinance requires written notice of a violation be made by certified mail to the parents of the juvenile violator. The requirement is extremely burdensome on the Police Department's Juvenile Section in that it requires that the use of manpower be reassigned from investigative duties. This revision to the ordinance will allow citations to be issued immediately for violations to the curfew ordinance. Makes violations of the ordinance by a juvenile, parent, or business establishment or operator a misdemeanor punishable in accordance with Section 1-4 of the Code of Ordinances. The Police Department recommended the approval of this amendment of the Curfew Ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9737 as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. (35.) Consider a resolution authorizing participating with other Texas Cities in Southwestern Bell Teleahone Rate Case J. Robert Massengale, Assistant City Manager, provided staff comments. In 1975 the Texas Legislature created the Public Utilities Commission. That commission was given the responsibility to regulate telephone companies. Prior to that time telephone companies were regulated locally and the City of Lubbock had the responsibility to regulate Southwestern Bell Telephone Co. Since the creation of the Public Utilities Commission, the cities have typically organized in order to have a unified voice before the Public Utilities Commission in areas of regulation of the telephone companies. Southwestern Bell Telephone Company filed a rate case to change long distance rates, specifically for AT&T. During that analysis it was discovered that Southwestern Bell Telephone is possibly receiving a return on investment that is excessive for a telephone company. The resolution being proposed authorized City of Lubbock participation with the other cities in the analysis and representation on this rate case. There is no cost to the city in this process. All cost related to a rate case are borne by Southwestern Bell Telephone Company in this case according . -'tate law. A steering committee has been designated by the cities participating and this steering committee has hired attorneys and consultants to represent the cities. The Staff recommended that the Council participate in this unified effort with other cities in the Southwestern Bell Telephone service areas in order to give the local citizens a voice at the PUC. Jerry Stevens, representing Southwestern Bell Telephone Company, encouraged the Council not to join the rate case for the following reasons: SEPTEMBER 8, 1994 Page 556 Basic local rates have not risen since 1984. Rates are among the lowest in the nation. Rate payers are returned amounts in excess of 12.06 percent return on investment. Mr. Massengale reminded the Council that the facts surrounding Southwestern Bell Telephone Company's actual return on investment would be debated in the rate case. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to not join the rate case. Motion carried: 7 Yeas; 0 Nays. (36.) Consider Resolution #4604 setting -forth the opposition for unfunded federal mandates. RESOLUTION #4604 WHEREAS, there is currently pending before the House of Representatives a Bill known as H.R. 140; and WHEREAS, said Bill provides federal legislation requiring the federal government to fund mandated federal requirements; and WHEREAS, Discharge Petition No. 25 has been filed with the House to bring said Bill before the full House of Representatives for consideration; and WHEREAS, fourteen members of Congress have joined in requesting consideration of the Discharge Petition above mentioned; and WHEREAS, the City Council feels that it is in the best interest of the citizens of the City of Lubbock that these matters be considered by the Congress of the United States; and WHEREAS, the City Council wishes to demonstrate its opposition to indirect taxation of its residents as a result of unfunded federal mandates; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock does hereby support and urge immediate consideration of Discharge Petition No. 25 pending in the House of Representatives to force consideration of H.R. 140 by the full Congress of the United States. SECTION 2. THAT the City Council further wishes to demonstrate its total opposition to unfunded federal mandates which are a form of indirect taxation against the citizens of this community. SEPTEMBER 8, 1994 Page 557 Passed by the City Council this 8th day of September, 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/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney The Mayor received a communication from Congressman Charlie Stenholm indicating a request for a pending House Bill in opposition to Congress passing mandates without providing for funding to implement said mandates. Congressman Stenholm requested that the City of Lubbock together with the Texas municipalities pass a resolution supporting the discharge of House Bill 140 so that it may be voted on by the full Congress of the United States and in support of the discharge petition No. 25 bringing such bill to a vote before the full House. The staff recommended approval of this because it is in the City's best interest to have funding supplied on mandated federal programs. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to authorize Resolution #4604 as recommended by staff. Motion carved: 6 Yeas; 1 Nay--Councilmember Hernandez. (40.) Consider Resolution #4605 reappointing Leroy Montoya to the Canadian River Municipal Water Authority. RESOLUTION #4605 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK ON THIS, the 8th day of September, 1994, the City Council of the City of Lubbock, Texas, met in regular session with 7 members present, when among other business transacted, the follov,1..e -,,pion was taken: The Mayor introduced the following resolution: WHEREAS, the City Council of this City heretofore elected Leroy Montoya as a member of the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending July 31, 1994, pursuant to providions of Chapter 243 of the Laws passed by the Regular Session of the Texas Legislature in 1953, and, and WHEREAS, Such office has now become vacant by reason of Term Expiration, SEPTEMBER 8, 1994 Page 558 WHEREAS, in the performance of its duty to do so under said Law, this City Council desires to officially elect a person qualified to fill the vacancy occasioned as aforesaid, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. That Leroy Montoya, a qualified voter and a property owning taxpayer of the City of Lubbock who is not a member of the governing body or an employee of said City, be and is hereby elected to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term beginning September 8, 1994 and ending September 8, 1996. 2. The director elected as aforesaid shall be certified to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Mayor of this City and shall otherwise qualify in the manner prescribed by the above mentioned Law relating to said Authority. The above resolution having been read, the motion of Councilmember Cooke for its passage was duly seconded by Councilmember Ince. Thereupon, the Mayor put the motion to a vote by the City Council and the motion carried by the following vote: "AYE" 7 "NO" 0 The Mayor declared the motion carried and the resolution adopted. PASSED AND APPROVED, this the 8th day of September, 1994. /s/ David R. Langston David R. Langston, Mayor City of Lubbock ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary City of Lubbock THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of a resolution of the City Council of said City passed and adopted on the 8th day of September, 1994, as same appears of record in Book 53B, Page _ et seq., of the Minutes of said City Council. WITNESS MY HAND AND SEAL OF THE CITY OF LUBBOCK, TEXAS, this the 8th day of September, 1994. (37.) (38.) /s/ Betty M. Johnson Betty M. Johnson, City Secretary City of Lubbock Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4605 as recommended by staff. Motion carried: 7 Yeas; 0 Nay... Hold an executive session, in accordance with V.T.C.A. Government Code• Section 551.071 (1)(A), to discuss pending or contemalated litigation (Water Utilities and Street Engineering). SEPTEMBER 8, 1994 Page 559 (39.) 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: Airport Board Board of Trustees (Lubbock Regional MHMR Center) Building Board of Appeals Citizens Traffic Commission Community Development Advisory Committee Community Services Commission "Goals for Lubbock: A Vision Into the 21st Century" Neighborhood and Citizen Involvement Subcommittee Lubbock Board and Commission Advisory Board Lubbock Civic Centers Board Lubbock Industrial Development Corporation Lubbock Health Facilities Development Corporation Lubbock Public Transit Advisory Board Permit and License Appeal Board Public Responsibility Committee (Lubbock Regional MHMR Center) Urban Design and Historic Preservation Commission Zoning Board of Adjustment There being no further business to come before Council, motion was made by Councilmember Cooke, seconded by Councilmember Ince, to adjourn the meeting at 3:30 p.m. Motion carried: 4 Yeas; 0 Nay - ounce ember Sitton, Councilmember Hernandez and Councilmember Neugebauer re absent fro Coun5jLCltftmbprs. f'1 vil-I ATTEST: Betty . Johnso , City Secretary Red and appro-ime this the 22nd ATTEST. Betty M. Johnson, City cretary