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Home My WebLink AboutMinutes - City Council - Regular - 10/13/1994October 13, 1994 Page 586 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 13, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 13th day of October, 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 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. Absent: Councilmember Victor Hernandez and Councilmember T.J. Patterson. Mayor Langston called the meeting to order at 10:40 A.M. ( 1.) The Invocation was given by Bob Cass, City Manager. (2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Consider Resolution #4615 recognizing M.J. "Bud" Aderton, former City Councilman, for his contributions to the Lubbock community. r RESOLUTION #4615 WHEREAS, M.J. `Bud" Aderton was a major contributor of his time, talents, and energies, and was an unselfish advocate for the betterment of the City of Lubbock and the entire Llano Estacado; and WHEREAS, Bud Aderton, a native of Illinois, moved to Lubbock in 1933 as a utilization engineer for West Texas Gas Company and made the Llano Estacado his life- long home; and WHEREAS, Bud Aderton faithfully served the citizens of Lubbock as City Councilman from 1978 until 1984 and again from 1990 until 1994, and he was a staunch crusader for improved solid waste management, resource recovery, and recycling; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT this City Council recognized the tremendous contributions made to this community by Mr. Aderton and mourns the passing of a beloved colleague and friend. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston - DAVID R. LANGSTON, MAYOR /s/ Randy Neugebauer Randy Neugebauer, Mayor Pro Tern Councilman, District 5 /s/ T.J. Patterson T.J. Patterson, Councilman District 2 October 13, 1994 Page 587 /s/ Windy Sitton Windy Sitton, Councilwoman District 3 /s/ Max L. Ince Max L. Ince, Councilman District 4 /s/ Ty Cooke Alex "Ty" Cooke, Councilman District 6 /s/ Victor Hernandez Victor Hernandez, Councilman District 1 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/ Donald G. Vandiver Donald G. Vandiver First Assistant Attorney With the passing of former City Council M.J. "Bud" Aderton, the City Council wished to honor his leadership and public service to Lubbock through the passage of this resolution which recognizes his love for Lubbock and his service to its citizens. The Mayor read Mr. Aderton's biography and presented a framed copy of the resolution to Mrs. Aderton. The City Council voted for unanimously for its formal passage. Motion was made by CouncHmember Cooke, seconded by Councilmember Ince to authorize Resolution #4615 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 4.) Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the minutes of the September 14, 1994, Special City Council Meeting and the September 22, 1994, Regular City Council Meeting. ( 5.) ORDINANCE #9706--Amending Sections 24-152 and 24-153 of the Code of Ordinances regarding stria paving. ORDINANCE #9706 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO STRIP PAVING AND STANDARDS OF DESIGN FOR STREETS AND DRAINAGE STRUCTURES IN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9706 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 588 (6.) ORDINANCE #9722—Amending Chapter 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. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9722 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (7.) 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. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9736 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (8.) ORDINANCE #9737--Amending Chapter 18 of the Code of Ordinances with regard to the iuvenile 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. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reau:.:g Ordinance #9737 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 589 (9.) ORDINANCE #9738--Zone Case #2255-F (west of Frankford Avenue and north of 66th Street)--Reauest of Henry Haneke (for Lubbock Development) for a zoning change from C-2, GO and C-4 to C-4 and C-4 Specific Use (for mini -warehouses) on multiple portions of land out of Section 36, Block AK. ORDINANCE #9738 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-F; A ZONING CHANGE FROM C-2, GO AND C-4 TO C-4 AND C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON MULTIPLE TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9738 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) ORDINANCE #9739--Zone Case #2738 (northeast corner of Boston Avenue and 35th Street)--Reauest of Cimarron Land Services. Inc. (for Lubbock SMSA Limited Partnership) for a zoning request from R-2 and R-2 Specific Use (for a radio transmission tower) on Lot 1. Block 1. Jefferson Avenue Addition . ORDINANCE #9739 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2738; A ZONING CHANGE FROM R-2 TO R-2 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION TOWER ON LOT 1, BLOCK 1, JEFFERSON AVENUE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9739 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) ORDINANCE #9740--Zone Case #1811-D (southeast corner of Indiana Avenue and 82nd Street)--Reauest of Steve Davis (for Lubbock Commercial Buildings) for a zoning change from C-2 to C-3 Specific Use (for a convenience store with gas sales and car wash) on Lot 1 Iris Gardens Addition. ORDINANCE #9740 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: -ZONE CASE NO. 1811-D; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE WITH GAS SALES AND CAR WASH ON LOT 1, IRIS GARDENS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9740 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 590 (12.) Consider Ordinance #9741 abandoning and closing a portion of 66th Street located in Section 28, Block E-2, Lubbock County, Texas (5510 66th). ORDINANCE #9741 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 28, 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. The 936.57 sq. ft. area being closed is a street stub which was dedicated by plat several years ago along the north side of 66th Street west of Chicago Avenue. A street opening is not needed at this location, and this area is being platted into Farrar Court Villas Addition. The area being closed is less than the new right-of- way being dedicated by plat; therefore, there is no charge for this closure. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance #9741 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (13.) Consider Ordinance #9742 abandoning and closing a portion of 5th Street, a fifteen -foot alley, and a two -foot underground utility easement located in the Westover Heights Addition (4910 5th Street). ORDINANCE #9742 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 5TH STREET IN WESTOVER HEIGHTS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK A 15-FOOT ALLEY LOCATED IN WESTOVER HEIGHTS ADDITION; AND A TWO -FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN WESTOVER HEIGHTS 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. This ordinance abandons and closes a 1.406 acre portion of 5th Street east of Vicksburg Avenue, the 15-foot east -west alley between Vicksburg Avenue and Toledo Avenue, and a two -foot underground utility easement located along the west two -feet of Lot 24, all in the Westover Heights Addition. All utilities are in agreement, and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance #9742 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 591 (14.) Consider Resolution #4616 authorizing the Mayor to execute a lessors a rgement with Tony Rumpel, d.b.a. G & G Avionics. RESOLUTION #4616 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 Rumpel & Associates, Inc. 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 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Agreement between Rumpel & Associates, Inc. d/b/a G & G Avionics and the City of Lubbock is filed with Resolution No. 4616. G & G Avionics is located on Airport grounds. Mr. Rumpel's local bank has asked the City of Lubbock for this agreement. The effect of the agreement is to subordinate the City's position on Mr. Rumpel's tools and equipment in favor of the bank since he is using that equipment as collateral on the loan. Staff recommended that this item be approved. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4616 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (15.) Consider Resolution #4617 authorizing acceptance of water improvements for Tract "A," Budget Rent-A-Car Addition. RESOLUTION #4617 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT "A," BUDGET RENT -A -CAR ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract "A," Budget Rent-A-Car 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 October 13, 1994 Page 592 WHEREAS, the total utility cost to the developer is $12,121.80, with the improvements constructed by S & G Construction having a value of $10,265.75, as determined by the unit prices established by said Chapter 28, and $1,856.05 cash paid to the City, $1,651.61 cash for adjacent lines, with Budget Rent-A-Car, 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 13th day of October, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT /s/ Michael E. Mufl by 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 improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $12,121.80 including value of construction costs of $10,265.75 and $1,865.05 cash paid to the City of Lubbock. The developer, Budget Rent-A-Car, will not receive a refund in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is not a refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4617 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 593 (16.) Consider Resolution #4618 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Emergency Shelter Funding Agreement between the City of Lubbock and Guadalupe Economic Services. RESOLUTION #4618 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 Emergency Shelter Funding Agreement between the City of Lubbock and Guadalupe Economic Services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of October, 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/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager Community Development and Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Emergency Shelter Funding Agreement Between the City of Lubbock and Guadalupe Economic Services is filed with Resolution No. 4618. On May 24, 1994, the Community Development Advisory Committee recommended allocation of annual Emergency Shelter Grant funds to Guadalupe Economic Services (1416 First Street). The City Council approved the recommendation for $16,400 to Guadalupe Economic Services for the purpose of renovating the structure located at 2701 Clovis Road. That facility is properly zoned as an emergency shelter facility. The project proposal submitted by Guadalupe Economic Services meets the eligibility requirements of the Emergency Shelter Grant. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4618 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 594 (17.) Consider Resolution #4619 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Emergency Shelter Funding Agreement between the City of Lubbock and the Salvation Army. RESOLUTION #4619 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 Emergency Shelter Funding Agreement between the City of Lubbock and the Salvation Army. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of October, 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/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager Community Development and Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Emergency Shelter Funding Agreement Between the City of Lubbock and Salvation Army is filed with Resolution No. 4619. On May 24, 1994, the Community Development Advisory Committee recommended allocation of annual Emergency Shelter Grant funds to the Salvation Army (1111 16th Street). The City Council approved the recommendation for $34,800 to the Salvation Army. The project proposals submitted by the Salvation Army meet the eligibility requirements of the Emergency Shelter Grant. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember -Sitton to authorize Resolution #4619 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 595 (18.) Consider Resolution #4620 authorizing the Major to execute for and on behalf of the City of Lubbock an Emergencv Shelter Funding Agreement between the City of Lubbock and Women's Protective Services, Inc. RESOLUTION #4620 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 Emergency Shelter Funding Agreement between the City of Lubbock and Women's Protective Services, Inc. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager Community Development and Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Emergency Shelter Funding Agreement Between the City of Lubbock and Women's Protective Services, Inc. is filed with Resolution No. 4620. On May 24, 1994, the Community Development Advisory Committee recommended allocation of annual Emergency Shelter Grant funds to Women's Protective Services, Inc. (3223 S. Loop 289). The City Council approved the recommendation for $39,050 to Women's Protective Services, Inc. The project proposals submitted by Women's Protective Services, Inc. meet the eligibility requirements of the Emergency Shelter Grant. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4620 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 596 (19.) BID #12741--LIA Emergency Access Roads --Phase H (Aviation). RESOLUTION #4621 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Gilbert Texas Construction of Round Rock, Texas to furnish and install all materials as bid for the Lubbock International Airport Emergency Access Roads -Phase II, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson APPROVED AS TO CONTENT: /s/ Victor Kilman 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 13th day of October, 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 Gilbert Texas Construction Corp. of the City of Round Rock, County of Williamson, 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 improvc..-.its described as follows: BID NO. 12741 -- Lubbock International Airport Emergency Access Roads, Phase II, and Runway 17L-35R Reconstruction in the amount of $1,675,218.55 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. October 13, 1994 Page 597 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Allen R. Kearns Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: Gilbert Texas Construction Corp. By: /s/ Keith N. Sasiel Title: Vice President COMPLETE ADDRESS: 800 Paloma Drive, Suite 160 Round Rock, Texas 78664 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20.) BID #13030--Southeast Water Reclamation Plant Lift Station #48 (Water Utilities). RESOLUTION #4622 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Midwest Concrete of Lubbock to furnish and install all materials as bid for the Southeast Water Reclamation Plant Lift Station #48 for the City of Lubbock, which contract is attached heret- —hich 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. October 13, 1994 Page 598 Passed by the City Council this 13th day of October, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of October, 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 Midwest Concrete, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13030 -- Southeast Water Reclamation Plant Lift Station #48 in the amount of $697, 527.00 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. October 13, 1994 Page 599 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/ Richard R. Barton APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Beverly Holbert Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: Midwest Concrete, Inc. By: Title: President COMPLETE ADDRESS: P.O. Box 3964 Lubbock, Texas 79452 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (21.) BID #13034--Flexible Membrane Liner and Leachate Collection System (Solid Waste). RESOLUTION #4623 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Big D Lining Systems Company of Midland, Texas to furnish and install all materials as bid for the Flexible Membrane Liner and Leachate Collection System for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary October 13, 1994 Page 600 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 13th day of October, 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 Big D Lining Systems Company of the City of Midland, County of Midland, 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. 13034 -- Flexible Membrane Liner & Leachate Collection System in the amount of $303,670.36 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in'Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Quentin M. Thomas CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor October 13, 1994 Page 601 APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Marjorie Parrish Corporate Secretary CONTRACTOR: Big D Lining Systems Company By: /s/ Don E. Tomlin Title: President COMPLETE ADDRESS: P.O. Box 7808 Midland, Texas 79708 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (22.) BID #13045--Civic Center Banguet Hall Partition Replacement (Civic Center). RESOLUTION #4624 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 Quicksilver Construction of Lubbock, Texas, to furnish and install all materials as bid for the Lubbock Memorial Civic Center Banquet Hall Partition Replacement, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of October, 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 13th day of October, 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 Quicksilver Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR October 13, 1994 Page 602 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. 13045 -- Civic Center Banquet Hall Partition Replacement in the amount of $77,777.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Claudia T. Cannon Notary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lansg ton Mayor CONTRACTOR: Quicksilver Construction By: /s/ Loyde Castle Title: Vice President COMPLETE ADDRESS: 1205 E. 46th Street Lubbock, Texas 79404 Motion was made by Council -member Ince, seconded by Councilmember Sim - approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 603 (23.) BID #13046--Civic Center Plate to Frame Heat Exchanger (Civic Centers. RESOLUTION #4625 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Bruce Thornton Air Conditioning, Inc., of Lubbock, Texas, to furnish and install all materials as bid for the Lubbock Memorial Civic Center Plate to Frame Heat Exchanger, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of October, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of October, 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 Bruce Thornton Air Conditioning, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13046 -- Civic Center Plate to Frame Heat Exchanger in the amount of $47,685.00 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. October 13, 1994 Page 604 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez APPROVED AS TO FORM: /s/ Don Vandiver % I L ATTEST: /s/ Dorothy J. Braddock Assistant Corporate Secretary and Treasurer CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lansg ton Mayor CONTRACTOR: Bruce Thornton Air Conditioning, Inc. By: /s/ Bruce Thornton Title: President COMPLETE ADDRESS: 128 Slaton Road Lubbock, Texas 79404-5306 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (24.) BID #13063--Pipe. Valves and Fittings (Water Utilities). Morrison Supply, Lubbock, Texas--1 lot pipe; Total Bid. The Rohan Company, Waco, Texas--1 lot valves and fittings; Total Bid. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. �25.) Consider the price and condition of &..- of Parcel Numbers 93440-25-4 and 93440-38-1 at 2601 and 2602 Elm. This is a routine sale of property by the Urban Renewal Agency to Chatman Memorial Center, Inc., a non-profit organization, for $150 ($75 per lot). The proposed developments are for two 1,300 to 1,500 square foot single-family residences valued at $40,000 each. The proposed sales were approved by the Urban Renewal Board of Commissioners on September 20, 1994. The Housing Rehabilitation Section staff recommended the approval of the sale. October 13, 1994 Page 605 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (26.) Consider the price and condition of sale of Parcel Numbers 33500-20-110 and 120 at 1106-08 3rd Street. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc., Gary Patton, President, for $600 ($300 per lot). The proposed development is a new 1,860 square foot single-family residence valued at $56,950. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Housing Rehabilitation Section staff recommended the approval of the proposed sale. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (27.) Consider Resolution #4626 authorizing the Mayor to execute an escrow agreement with the Texas Department of Transportation(TxDOT) for the reconstruction and widening of 98th Street from Indiana Avenue to Slide Road (F.M. 1730). RESOLUTION #4626 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the State of Texas, acting by and through the Texas Department of Transportation Commission, 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 13th day of October, 1994. /s/ David R. Lansg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel L"1 ry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Agreement between the City of Lubbock and the State of Texas is filed with Resolution No. 4626. October 13, 1994 Page 606 A contract was executed on December 1,1993, between the City of Lubbock and the Texas Department of Transportation for the reconstruction and widening of 98th Street. The estimated cost of the project at that time was $2,860,000, of which 80 percent was to be paid with federal funds and 20 percent from local funds. The contract also requires that the 20 percent local funds be put in an escrow account prior to the work order being issued. The project specifications, plans, environmental assessment, and engineering estimates were prepared by the Texas Department of Transportation. Prior to the project letting on September 15, 1994, the Austin Office of the Texas Department of Transportation said that an escrow agreement must be executed in order to keep track of the project expenses. The escrow agreement states that the City of Lubbock will place into escrow an amount equal to $721,598.06 made payable in two payments. The first payment will be in the amount of $400,000. The second payment will be for $321,598.06, or an adjusted amount per the actual cost of the project. The total escrow amount of $721,598.06 is based on a revised estimate prepared by the Texas Department of Transportation. This revised City cost is approximately $150,000 greater than the amount originally budgeted for City participation in this project. However, the actual bid received by the Texas Department of Transportation was less than the estimated cost used in calculating the City's participation. Staff recommended approval of the escrow agreement. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4626 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (28.) Consider Resolution #4627 amending the Capital Proiects Budget to increase the proiect budget for 98th Street paving improvements from Indiana Avenue to Slide Road. RESOLUTION #4627 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $150,000 shall be provided from Fund 1441 (Streets Capital Projects Fund/Unallocated Bond Proceeds) to provide—1ditional funding for a streets capital project to provide for street improvements on 98th Street from Indiana Avenue to Slide Road (Project No. 9884). SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. October 13, 1994 Page 607 Passed by the City Council this 13th day of October, 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 V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This requested amendment to the budget is for additional funding anticipated for this project. The Texas Department of Transportation (TxDOT) is performing the design and construction on this project, with the City being responsible for 100 percent of the right-of-way cost and 20 percent of the engineering and construction cost. When this project was initially planned in 1987 the original estimated project cost of $2.86 million was to be borne entirely by the City. Prior to start of the project, TxDOT received additional funding from Federal Highway Administration (FHA) for which this might qualify, thereby significantly reducing the City's cost. TxDOT assumed responsibility for design, estimation, and construction of the project. TxDOT's latest estimate indicates the City's share of the cost to be $721,598.06 (as per the escrow agreement also on this agenda). The right-of-way cost is not included in this amount. The additional project funding requested is: $722,000 (rounded) - 572,000 (previous TxDOT estimate) $150,000 (needed) The estimated construction cost of this project is approximately $3.1 million. Staff recommended approval of this budget change. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4627 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (29.) Consider a resolution amending the 1994-95 budget to fund for the purchase of a tract of land from the Lubbock Housing Authority. It was the consensus of the Council to hold on this item. (30.) Consider a resolution authorizing the Right -Of -Way Department to make an offer to the Lubbock Housing Authority for a tract of land in Section 79, Block A. (410 4th). It was the consensus of the Council to hold on this item. October 13, 1994 Page 608 (39.) Consider Resolution #4628 authorizing the transfer of $20,000 from the General Fund Undesignated/Unreserved Fund to the Safety City Classroom Completion project in the General Capital Projects Fund. RESOLUTION #4628 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $20,000 shall be provided from the General Fund (Undesignated/ Unreserved Fund Balance) to fund the "Safety City Classroom Completion' project in the General Capital Projects Fund. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as j required by law. Passed by the City Council this 13th day of October, 1994. /s/ David R. Lan s ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Mark Hindman, Director of Support Services, presented staff comments. This resolution would allow for the completion of the Safety City classroom. The Indoor Recreation section of Neighborhood Initiatives and Community Development, in the process of closing out their year end projects, identified funds that will not be expended. The Junior League, after lengthy and concerted efforts, was unable to raise enough funds to complete the entire Safety City project. Although Safety City has been operating, the classroom facility is not functional. The class instruction part of the program has been conducted in the K.N. Clapp October 13, 1994 Page 609 Park Party House. The Junior League has raised approximately $26,000 for construction of this project. The $20,000 allocation would complete this project and ensure that it is fully operational. By combining funding from the City's non - departmental reserve ($20,000) and from the Junior League of Lubbock ($10,000), the classroom would be completed for an estimated $30,000. Safety City is a joint effort between the City of Lubbock and the Junior League of Lubbock. The Junior League's contract has expired, but their commitment to this project is strong, and they have continued to seek funding to complete the project. The construction firm of Gary Greenstreet, Inc., has volunteered its services to oversee the completion of the project and has received the estimates to complete the classroom. Community Development/Neighborhood Initiatives Department recommended the approval of this item. Motion was made by Councilmember Ince, seconded by Mayor Pro Tern Neugebauer to authorize Resolution #4628 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (31.) Consider Resolution #4629 authorizing the Mayor to sign a contract with Texas Natural Resources Conservation Commission for grant funding to implement a Workplace Recycling and Waste Reduction program for the Citv of Lubbock. RESOLUTION #4629 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 Assistance Grant Contract, and all associated documents, by and between the City of Lubbock and the Texas Natural Resource Conservation Commission (TNRCC) for the City's recycling program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of October, 1994. %s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Frank. Esping Fran:: F , ...o, Recycling Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Assistance Grant Contract between the City of Lubbock and Texas Natural Resource Conservation Commission is filed with Resolution No. 4629. October 13, 1994 Page 610 In January 1994, the Texas Natural Resource Conservation Commission (TNRCC) issued a RFP for Workplace Recycling and Waste Reduction programs. The amount of funds available totaled $200,000, of which the City of Lubbock applied for $14,638.00. The City of Lubbock received notice of the grant award in July and contracts were sent in September. If this grant is accepted, it will be used to establish a Workplace Recycling and Waste Reduction program which will target the recycling of white office paper. Solid Waste proposes to expand the City of Lubbock white office paper collection program to include the Health Department, Airport, LP&L offices, and Fire Administration. Currently, Solid Waste collects white office paper at the Municipal Building and Municipal Square. With this grant, Solid Waste also proposes to expand the recycling program at the County Courthouse. In addition, the Community Action Network at Texas Tech University will receive some of the containers that will be purchased with this grant. They will distribute and use the containers as part of their recycling program at Texas Tech. Finally, staff will examine the feasibility of implementing a pilot white office paper recycling program with a public school. There will be no City funds used to purchase any equipment for this grant. Collection of the white paper will be done using existing recycling crews and equipment. The grant period is from September 1, 1994, to December 31, 1994. Staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4629 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (32.) Consider Resolution #4630 authorizing the Mayor to execute a contract with Halff Associates, Inc., for professional engineering services for drainage improvements located at Quaker Avenue from 50th Street northward to Maxey Park. RESOLUTION #4630 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 Engineering Services Contract and all related documents by and between the City of Lubbock and Halff Associates, Inc., for professional engineering services for drainage improvements located at Quaker Avenue from near 50th Street northward to Maxey Park, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary October 13, 1994 Page 611 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 Engineering Services Contract between the City of Lubbock and Halff Associates, Inc. is filed with Resolution No. 4630. On January 27, 1994, Lubbock City Council authorized the staff to solicit proposals from engineering firms to perform a drainage study on Quaker Avenue. The purpose of the study is to investigate solutions to the flooding problems on Quaker Avenue, north of 50th Street. The Council also authorized $50,000 to fund this project with revenues from the Stormwater Utility. Requests for Proposals (RFP) were issued by the City of Lubbock Purchasing Department with the deadline for response set for June 14, 1994. A review committee was appointed by Bob Cass and Halff Associates, Inc., was recommended to provide the requested professional services. The contract with Halff Associates, Inc., will have a completion time of 170 calendar days from the execution of the contract. Staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4630 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (33.) Consider a resolution authorizing the Mayor to sign an agreement between the City of Lubbock and the Texas Deaartment of Health for health services within the community. Doug Goodman, Health Director, presented staff comments. This is an annual contract between the City of Lubbock and the Texas Department of Health. The signing of this contract allows the City Health Department to participate as one of 76 State Affiliated Health Departments. The contract provides funds, personnel, supplies, and consultative services for a wide range of services including: Maternal & Child Health AIDS Immunizations Laboratory Dental Family Planning Sexually Transmitted Disease Aids Education Tuberculosis The contract amount (direct and indirect financial assistance ) is $887,226, which represents a 14.5 percent increase above the 1993-94 contract year. Most of this increase is due to an increase in personnel in immunization and addition of an AIDS/HIV Surveillance Specialist and of a Tuberculosis Outreach Worker. This agreement provides funds for 29 employees, four of whom are directly paid by the State. The State provides funds for 46 percent of the salaries for Personal Health Services Departmental budget. With this level of funding, the Department projects that we will have a total of 56,000 patient visits and give over 30,000 immunizations. The Laboratory will perform more than 270,000 tests. October 13, 1994 Page 612 The contract requires that no individual will be refused service because of inability to pay. Due to this clause in the contract, 15 percent to 20 percent of our patients reside outside the City. There are eight attachments, including: 1. HIV/AIDS Counselor ($35,000) provided to conduct counseling, testing, referral, and partner notification activities to help reduce the - spread of HIV/AIDS. 2. HIV/AIDS Education Coordinator ($43,471) provided to conduct health education/risk reduction projects aimed at prevention and reduction of the transmission of HIV/AIDS. 3. Milk and Dairy Products provides the laboratory the capability of being reimbursed by the Texas Department of Health at $11.00 per test for the performance of analyses of milk samples. 4. HIV/AIDS Surveillance ($20,096) to provide active surveillance and reporting activities for HIV/AIDS. 5. Tuberculosis Outreach Worker ($20,073) provides for an Outreach Worker for identifying sub -groups who have tuberculosis or are at high risk of developing tuberculosis. 6. Comprehensive Public Health Services ($162,622) supplements the provision of preventive health service in the areas of personal health services, environmental health services and other needs of the ' jurisdiction. tow 7. Immunization ($208,367) provides direct and financial assistance for the implementation of an immunization program with special emphasis on children two years of age and younger. 8. Maternal and Child Health ($397,597) provides direct and financial assistance for services related to maternity, family planning, child health and case management services. In addition to the direct benefits enumerated in the contract, the City receives many indirect benefits from our State affiliation. By being a State Affiliated Health Department, the City of Lubbock has access to all resources of the Texas Department of Health including but not limited to medical consultations, pamphlets, educational seminars, assistance during disease outbreak. The staff and those Board of Health members present at the August 12 meeting recommended that this contract be approved and that the City Council authorize the Mayor to sign this document and all future amendments during the forthcoming year. Motion was made by Councilmember Cooke but died for lack of a second. Motion was made by Councilmember Ince, seconded by Councilmember Sitton that this item be pitced on the October 20, 1994, agenda. Mr. Goodman will address the Council's concerns regarding duplication of services and provide the Council with additional information relative to the impact of not signing the agreement. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 613 (34.) Consider a resolution authorizing the Major to sign an Application for Continuation Funding from the Texas Department of Health for the HIV Counseling, Testing, Referral and Partner Notification program and to si n the subsequent contract. This grant has been in place for six years and provides HIV testing to individuals at risk for HIV infection. Primary focus is on those at increased risk of infection. HIV testing is offered at the City of Lubbock Health Department through the STD, Maternity, and Family Planning clinics. Testing is also offered at Texas Tech University. Counseling, testing, referral and partner notification are the focus of this grant. The staff of the City of Lubbock Health Department and the Texas Department of Health recommended the approval of this resolution approving the funding of this grant. Motion was made by Councilmember Cooke but died for lack of a second. Motion was made by Councilmember Ince, seconded by Councilmember Sitton that this item be placed on the October 20, 1994 agenda. Mr. Goodman will address the Council's concerns regarding duplication of services and provide the Council with additional information relative to the impact of not signing the agreement. Motion carried: 5 Yeas; 0 Nays. (36.) Consider Resolution #4631 authorizing the Mayor to execute a water sales contract with the City of Shallowater. RESOLUTION #4631 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 Water Sales Contract by and between the City of Lubbock and the City of Shallowater, 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 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Interim Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney October 13, 1994 Page 614 The Water Sales Contract between the City of Lubbock and the City of Shallowater is filed with Resolution No. 4631. Terry Ellerbrook, Acting Director of Water Utilities, presented staff comments. For several years the City of Shallowater has been attempting to solve a problem involving the quality of their ground water supply. In August 1988, the City of Shallowater received a letter from the U.S. Environmental Protection Agency (EPA) advising of a proposed administrative order concerning high fluorides in Shallowater's delivered water supply. Later that year, the City of Shallowater engaged the services of Parkhill, Smith and Cooper to evaluate the water system, provide alternatives and cost estimates for compliance with EPA regulations, and to provide a recommendation for a response to EPA. The consulting engineers subsequently provided Shallowater with several alternatives, including the purchase of additional wells in the Shallowater area, the obtaining of water from the City of Lubbock, and enhanced treatment. The City of Shallowater accepted the recommendation of the engineers to apply to the EPA for a compliance time extension. The City of Lubbock staff has worked with the City of Shallowater since 1988 in an effort to help Shallowater resolve its water supply problem. In September 1993, the City Council passed an ordinance which clarified its policy by stating that its prior policy adopted in 1984 should not be construed to prohibit the sale of water to federal, state, or local governments outside the city limits via intergovernmental contracts. With the passage of this ordinance, the City staff considered the possibility of selling Shallowater ground water from the Bailey County supply line. This approach would solve Shallowater's contamination problem, enhance water fund revenues, and would not materially decrease the supply of water for the City of Lubbock. The sale of water to the City of Shallowater would not affect or change the operations of the Bailey County supply line. The proposed water sales contract calls for an initial term of 15 years, with a 15-year option. Shallowater would pay the City of Lubbock a monthly base meter charge equal to the rate established for meters of equal size (plans call for the installation of a 4-inch meter). The flow rate charged for the water would be equal to the rate charged to Reese Air Force Base, which will be $1.25 per thousand gallons beginning October 1, 1994. Based on current rates and an average daily consumption of 300,000 gallons, Shallowater would pay approximately $133,000 per year to the City of Lubbock. Under the proposed contract, the City of Lubbock would be responsible for the design and installation of a water tap, meter, and other facilities necessary to deliver water to Shallowater's potable water system. Although Shallowater would be required to pay the total cost of these facilities, they would be the property of the City of Lubbock. An air gap would be required between Lubbock's pressurized system and Shallowater's distribution system. Shallowater would be responsible for maintenance and operation of its water system, beginning at the point of delivery. Lubbock would be responsible for maintenance of the piping, valves, and related facilities to the point of delivery, as well as calibration of the meter. The proposed contract further provides that Lubbock will furnish potable water of similar quality that is _,,flied to its water customers. The City of Lubbock would not guarantee that services would be free from interruption or stoppage. Also, the City of Lubbock could reduce or stop service if deemed necessary by Lubbock to protect its own interests and comply with rules and regulations of regulatory agencies. In the event that Lubbock found it necessary to implement a water conservation or rationing plan, Shallowater would receive the same water allotment percentage as any other customer. Shallowater would also agree to cooperate fully in the event of water curtailment and to implement conservation measures comparable to measures in effect for other City of Lubbock customers. October 13, 1994 Page 615 Staff recommended approval of this item. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #463 l as recommended by staff. Motion carried: 4 Yeas; 0 Nays (Councilmember Cooke was absent from Council Chambers). (35.) Consider Ordinance #9743 to amend Subsection 19-2(B)(1) of the Code of Ordinances with regard to the possession and consumption of alcoholic bevera es at Meadowbrook Golf Course. ORDINANCE #9743 AN ORDINANCE AMENDING SUBSECTION 19-2(b)(1) OF THE CODE OF ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT MEADOWBROOK GOLF COURSE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance 19-2(b)(1) was amended in 1989 to allow the sale and/or consumption of alcoholic beverages at selected park locations and to allow for the sale and consumption of beer and/or wine within the Meadowbrook Golf Course. The City is currently proposing a Management Agreement with a private entity to manage, market, and maintain Meadowbrook Golf Course. Within the proposed agreement the right to sell other alcoholic beverages has been requested. To amend the ordinance the wording "beer and/or wine" will need to be changed to "alcoholic beverages." Since the ordinance change in 1989 there have been no reported incidents related to the consumption of beer or wine and it is not anticipated that the sale of other alcoholic beverages will create problems. Staff recommended that Section 19-2(b)(1) of the Code of Ordinances of the City of Lubbock be amended as proposed. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9743 as recommended by staff. Motion carried: 4 Yeas; 1 Nay --Mayor Pro Tern Neugebauer. (37.) Consider Resolution #4632 to amend the 1994-95 Budget to provide $630,000 from the General Fund and the Undesi nated/Unreserved Fund Balance to defease a proportionate amount of the 1993 Refunding Bonds allocated to the 1988 Golf Course Certificates of Obligation. RESOLUTION #4632 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: October 13, 1994 Page 616 $630,000 shall be provided from the General Fund Undesignated/ Unreserved Fund Balance to; the General Debt Service Fund to provide for the defeasance of Series 1988 Golf Course Certificates of Obligation and that portion of the Series 1993 Refunding Bonds allocated to the 1988 Golf Course Certificates of Obligation. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this 13th day of October, 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/ Carol Li Aliamus Carolyn Aliamus, Director of Culture and Leisure APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Mark Hindman, Director of Support Services, presented staff comments. Defeasance of the bonds originally issued in 1988 for improvements at Meadowbrook Golf Course is essential to reaching a satisfactory agreement for private management of the course. The bonds were originally issued in 1988 and subsequently part of an advance refunding in 1993. Defeasance of the bonds will require approximately $623,737 including all related costs. Funding for the defeasance is recommended to come from the General Fund Undesignated/Unreserved fund balance. As of August 31, the Golf Fund had a negative cash position of ($39,731). The Golf Fund currently has a "Due to the General Fund" of $1,200,000. The actual cash balance at the end of fiscal year 1993-94 will depend on revenues and expenditures during the month of September. Any negative cash situation at the end of the year adds to the "debt" to the General Fund. The General Fund Undesignated/Unreserved fund balance is currently projected to be $9,556,115. This does not include any year end balance from fiscal year 1993- 94. This balance has not been determined; however, an ending balance of $1,110,367 was projected during the revised budget. Higher than projected sales tax revenues should produce an ending balance of this level or higher. Defeasing the debt will require a cash contribution of $630,000. This contribution will be offset from saving realized through eliminating $765,825 in debt service payments over the next 14 years. Based on the City's current 5.08 percent average rate of earnings on available cash, the defeasance will have a present value cost of $45,785. October 13, 1994 Page 617 Over the past eight years the Golf Fund has built a $1,200,000 due to the General Fund. It is projected to end the 1993-94 year with a large operating deficit. Private management of the course is the recommendation for reversing this negative trend. Defeasing the bonds is essential to achieving private management of the golf course. Staff recommended that the 1994-95 budget be amended to use funds from the General Fund balance to pay for the defeasance and related administrative costs. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4632 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (38.) Consider Resolution #4633 to defease the remaining Series 1988 Golf Course Certificates of Obligation and a proportion amount of the 1993 Refunding Bonds allocated to the 1988 Golf Course Certificates of Obligation. RESOLUTION #4633 A RESOLUTION relating to the redemption of certain bonds, 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 certain certificates of obligation and to pay certain bonds; 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 for (or allocated to obligations issued for) golf course purposes in the total principal amount of $590,000 (collectively referred to herein as the "Defeased Obligations") of the following described issues: $205,000 of City of Lubbock, Texas, Combination Tax and Golf Course Revenue Certificates of Obligation, Series 1988 (the "Series 1988 Obligations") and $385,000 of City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1993 (the "Series 1993 Obligations"); WHEREAS, in accordance with the 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 sufficient 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 order to eliminate the existing restrictive covenants regarding the use in a trade or business of the City's Golf Course by persons other than governmental units as a means of achieving a favorable operational cash flow and to reduce the amount of ad valorem property taxes that would otherwise be required to be assessed and collected with respect to the Defeased Obligations, the City has determined to deposit funds in an amount sufficient to defease the Defeased Obligations; WHEREAS, the City is authorized, in accordance with the ordinance authorizing the issuance of the Series 1993 Obligations tc wall for redemption on February 15, 2001, at the price of par plus accrued interest to the date of redemption, all or less than all (and, if less than all, to select by lot) of the Series 1993 Obligations originally scheduled to mature on and after February 15, 2002, and the City has determined to call for redemption less than all of the Series 1993 Obligations (the particular Series 1993 Obligations to be redeemed to be selected by lot) in the aggregate principal amount of $215,000 (hereinafter referred to as the "Redeemed Series 1993 Obligations"); October 13, 1994 Page 618 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, 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 should be approved, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 in 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 of the 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 NationsBank of Texas, as Paying Agent/Registrar for the Series 1993 Obligations is directed to conduct a lottery in order to select the particular Series 1993 Obligations within each maturity to be defeased. The amount of Series 1993 ' Obligations per maturity to be defeased is shown on Exhibit B attached hereto and incorporated herein by this reference for all purposes. The Series 1993 Obligations selected by lottery for defeasance and originally scheduled to mature on February 15 in each of the years 2002 through 2008, and aggregating $215,000 in principal amount are hereby called for redemption on February 15, 2001, at the price of par plus accrued interest to the date of redemption. SECTION 4: That the City Secretary is hereby directed to notify the Paying Agent/Registrar for the Redeemed Series 1993 Obligations (NationsBank of Texas, National Association) of the decision to redeem the Redeemed Series 1993 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 $599,152.03 on or before October 14, 1994, (or such later date as shall be mutually agreeable to the parties) in accordance with the terms of said Special Escrow Agreement. 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 , urchase 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 in accordance with the Agreement and this Resolution. October 13, 1994 Page 619 PASSED AND ADOPTED, this October 13, 1994. CITY OF LUBBOCK, TEXAS /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary Mark Westergard, bond counsel from Fulbright and Jaworski, presented comments. In 1988, the City of Lubbock issued certificates of obligation in the amount of $750,000 to fund golf course improvements. In 1993, $385,000 was refinanced by issuing City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1993. According to bond counsel, restrictions exist related to the use of tax-exempt financing in a trade or business of the golf course by persons other than governmental units as a means of achieving a favorable operational cash flow. This resolution would defease the debt, thereby relieving both the existing restrictions referenced, and the amount of ad valorem tax assessed and collected to make debt service payments for golf course financing. Approval of the resolution would establish an escrow agreement with NationsBank to deposit monies that would accrue interest such that there was a sufficient amount to pay for the remaining debt service on the remaining principal of $590,000. In the past, the City of Lubbock has defeased debt where a sufficient present value cost savings resulted. On its own, this defeasement would not be advantageous to the City of Lubbock. However, this transaction is essential to the ability to install private management to the golf course which will produce significant increases in cost savings, ultimately offsetting the cost of this financing. For these reasons, staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4633 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (40.) Consider Resolution #4634 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Management Agreement with Fore Star Golf Inc., for the maintenance, marketing, and operation of the City of Lubbock Golf Facilities. RESOLUTION #4634 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbocx BE and is hereby authorized and directed . to execute for and on behalf of the City of Lubbock a Management Agreement and all associated documents by and between the City of Lubbock and Fore Star Golf, Inc., to manage the City golf facilities, 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. October 13, 1994 Page 620 Passed by the City Council this 13th day of October, 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/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Management Agreement By and Between the City of Lubbock, Texas and Fore Star Golf, Inc. is filed with Resolution No. 4634. At its September 8, 1994 meeting, the City Council authorized staff to negotiate a contract with Fore Star Golf, Inc., which would provide for the private management of Meadowbrook Golf Course and Squirrel Hollow Golf Course by Fore Star Golf, Inc. City staff began negotiations with Fore Star Golf, Inc., on September 13, 1994, and has worked continuously up to the date of this memorandum to finalize an agreement. In negotiating this Agreement, staff kept in mind the City Councd's objective to maximize the efficient use of City facilities and assets through privatization or such vehicles. The proposed management agreement has been designed to release the City from the financial burdens associated with operating and maintaining both Meadowbrook and Squirrel Hollow golf courses. Following are key provisions of the contract: The term of this agreement is for an initial period of 20 years with two renewal options for a term of five years each. However, the City may avoid the renewal terms by giving Fore Star Golf, Inc. written notice of termination six months prior to the end of the initial 20 year contract. The contract may be terminated for cause after an opportunity for remedy has been provided to Fore Star Golf, Inc. Staff realizes that the contract period is longer than the preferred 3-5 year length; however, Fore Star Golf, Inc. insists that if they are going to dedicate their time, money and expertise to the operation of these golf courses that a period of twenty years is a minimum. After talking to other cities staff found that it is common for management contracts of this nature to be in the 15-20 year range, examples being El Paso and Ruidoso. Of the seven proposals received by the City of Lubbock, six required a term of 15 to 20 years. 2. This agreement requires Fore Star Golf, Inc. to expend from their funds up to a maximum of one million dollars for completion of capital improvements designated as Phase I capital improvements. These Phase I capital improvements include the following: October 13, 1994 Page 621 a) Improvements to the manual irrigation system to allow for more effective, efficient watering with considerably less water than the current system, in order to improve playing conditions. b) Evaluate all greens on the Meadowbrook Golf Course and, in the sole discretion of Fore Star Golf, Inc., select and professionally design and construct new greens to replace those greens which cannot be repaired and/or improved. The preliminary estimate is that at least six greens need to be rebuilt. c) Renovation of the practice green. d) Seal and restripe the parking lot to prolong the life expectancy, provide an organized parking arrangement, and enhance the aesthetics of the facility. Establish a bag drop area for customer convenience. e) Remodel the interior of the clubhouse, enlarge the pro shop and create windows to open the views from the pro shop to the tee box, cart staging area, practice putting green, bag drop and parking lot. f) Create a quality driving range and practice area. g) Trim trees and clean creek banks. h) Upgrade and replace the current cart fleet. i) Supplement the current golf course equipment in order to improve the day to day maintenance of the facility while reducing the cost of maintaining obsolete equipment. j) Bridge and cart path improvements as needed to provide improved aesthetics and improved safety for the customers. Part of the consideration received by Fore Star Golf, Inc. will be revenues generated from food and beverage sales and pro shop sales. In addition Fore Star Golf, inc. will retain all golfing revenues for years 1 through 3 of this contract. If, however, golfing revenues (carts, green fees, driving range) for those first three years exceed $1.8 million then the City retains a percentage on a sliding scale of golfing revenues. At the end of the fourth year of the agreement guarantees that payments will be made by Fore Star Golf, Inc. to the City and to the dedicated capital fund. This is a complex issue and Mark Westergard, the City's bond counsel, will be at the Council meeting to explain in further detail if necessary. City payment schedule is as follows: a) 10 percent of the initial $1,500,000 in golfing revenues of which 50 percent is depositea in .,tpital fund. b) 15 percent of golfing revenues in excess of $1.5 million up to and including $2.5 million of which 50 percent is deposited in capital fund. c) 20 percent of golfing revenues in excess of $2.5 million of which 50 percent is deposited in capital fund. October 13, 1994 Page 622 4. The City is unable to divest itself of its governmental powers and therefore must retain control of rates and charges, written policies and procedures, and the budget applicable to the golf courses. However, in order to make the process efficient and with minimum governmental regulations within the law, Fore Star Golf, Inc. will file such documentation pertaining to rates, charges, written policies and procedures and budget with the City Secretary and if not disapproved by the Council, such policies and rates become effective. 5. Fore Star Golf, Inc. is responsible for the daily operation of the golf course in accordance with budget, policies and procedures established in accordance with this agreement. 6. Upon execution of this agreement golf company will pay to the City $75,000 for all golf course maintenance equipment. Payment reflects fair market value. 7. This agreement does not have a termination at will provision in favor of the City of Lubbock. It may only be terminated for cause after an opportunity to remedy the defect has been given Fore Star Golf, Inc. This is important because Fore Star Golf wants assurance that upon making this investment and commitment they can look forward to a continuing relationship with the City. Council attention is called to page 32 of the contract, section 8.6(a) and (b) of this agreement that requires the City to pay a penalty to Fore Star Golf, Inc. if the City terminates this contract prior to the end of the initial term as a result of current or future council action which negatively impacts the golf course operation. The penalty is: 25 percent of previous year's revenues x 5 Cost of all depreciated phase I capital improvements. 9. If there is an unremedied default by Fore Star Golf, Inc., the City will have in its possession an irrevocable letter of credit in the amount of $250,000 guaranteeing completion of phase one improvements. After satisfactory completion of phase one improvements golf company may reduce letter of credit to $100,000 which enables the City to continue with its golf course operation. 10. Fore Star Golf, Inc. is required to provide insurance coverage including environmental coverage for application of pesticides, herbicides and other chemicals. 11. The City retains the right to audit capital improvement fund expenses and all golfing revenues (this excludes pro shop and concession area). The'proposed Management Agreement with Fore Star Golf, Inc. offers the City of Lubbock and its citizens the likelihood of a championship golf course which will benefit not only the local community but have a long term impact in recruiting regional, state and national golf tournaments as well as playing an integral part with visitors and conventioneers while staying in Lubbock. This may also be the needed catalyst to enhance and elevate East Lubbock/Mackenzie Park as an outdoor recreation and family fun center. Staff recommended the proposed Management Agreement with Fore Star Golf; Inc. October 13, 1994 Page 623 Motion was made by Councilmember Ince, seconded by Councilmember Cooke to authorize Resolution #4634 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (41.) Consider Resolution #4635 discontinuing the Lubbock Golf Department and adjusting the FY 1994-95 Budget accordingly. RESOLUTION #4635 WHEREAS, the City Council of the City of Lubbock is granted authority by Chapter 1, Article IX, Section 22, of the City of Lubbock Charter to create, consolidate and discontinue departments of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to discontinue the Golf Department of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION. 1. THAT the Golf Department of the City of Lubbock is hereby discontinued pursuant to authority granted the City Council by Chapter 1, Article IX, Section 22 of the City of Lubbock Charter and that such discontinuance shall be accomplished by the City Manager in accordance with applicable City of Lubbock ordinances, resolutions and policies. SECTION 2. THAT the budget for FY 94-95 be adjusted in accordance with this Resolution. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture/Leisure & Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In accordance with the proposed Management Agreement between Fore Star Golf, Inc., and the City of Lubbock the Golf Department as it currently exists needs to be discontinued. The Golf Department currently has six full time employees. All will be subject to the City's RIF policy and each employee will have an opportunity to apply for employment with the proposed management firm. The fiscal year 1994-95 budget will also need to be adjusted to reflect the operational and revenue changes that will occur under the proposed management agreement. The City Council has the authority to recreate Golf Department in the event the City decides to operate the City Golf facilities at a future date. Due to the nature of the proposed management agreement with a private management firm, City staff recommended approval of this item. October 13, 1994 Page 624 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4635 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (42.) Consider Resolution #4636 setting forth the preferred location for the multipurpose center and establishing the general policies and priorities for a new economic development corporation to be created upon voter approval. RESOLUTION #4636 A RESOLUTION SETTING FORTH THE PREFERRED LOCATION FOR THE MULTIPURPOSE CENTER AND ESTABLISHING THE GENERAL POLICIES AND PRIORITIES FOR A NEW ECONOMIC DEVELOPMENT CORPORATION TO BE CREATED UPON VOTER APPROVAL. WHEREAS, the City Council intends to call an election on January 21, 1995, to consider the adoption of a 3/8 of one percent sales and use tax under Sec. 4B of Art. 5190.6 V.A.T.S.; and WHEREAS, the City Council has determined that the above tax will be necessary to fund and pay for a new multipurpose special events center to be constructed, if approved by voters, with said funds; and WHEREAS, the above tax will provide additional monies for future economic development projects as authorized by Sec. 4B of Art. 5190.6 V.A.T.S.; and WHEREAS, the City Council, consistent with the terms of this resolution, wishes to make known to the citizens of the City of Lubbock the preferred site for the location of the multipurpose special events center; and WHEREAS, the City Council, consistent with the terms of this resolution, has determined to set forth general policies and priorities for a new economic development corporation, if approved by the voters; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT contingent upon such considerations as economic feasibility, adequate parking, environmental concerns, archeological and historical review, and securing clear title to the real estate, or any other matter which would prevent construction or operation at such site, any of which items, if not resolved, could present insurmountable legal and financial obstacles, the City Council has determined that the preferred site for the location of a new multipurpose special events center is that site located immediately to the north of the existing Civic Center. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council would encourage a new economic development corporation, if approved, to consider as pri(-sty projects, those projects that will advance the following policy objectives: 1. That the new economic development corporation participate and cooperate with South Plains College and the Lubbock Independent School District in the funding and joint administration of a career technical training facility to provide a skilled labor force for the region. October 13, 1994 Page 625 2. That the economic development corporation consider as a priority projects that would encourage the redevelopment and revitalization of the Overton neighborhoods located between University Avenue and Avenue Q and 19th Street and 4th Street in the City of Lubbock. 3. That the new economic development corporation give attention to projects that will promote or develop new or expanded business enterprises to the full extent as authorized by law giving particular attention to small business development within enterprise zones of the City and to further consider as incidental projects all infrastructure projects necessary to accomplish such objectives. 4. That the new economic development corporation give particular attention to projects that will enhance the City of Lubbock as a regional center for entertainment and recreation activities in order to maximize the use of the Civic Center and the new multipurpose special events center and to further this goal by undertaking the creation of a plan for the development of an entertainment district which would include downtown Lubbock, the central business district, and the area included within and adjacent to the Canyon Lakes, MacKenzie Park and the South Plains Fairgrounds. 5. That the new economic development corporation develop a marketing plan for Lubbock and the region to attract new business and industry to the area with particular emphasis on value added industries which would utilize the food and fiber products produced in this region. Passed by the City Council this 13th day of October, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This resolution was discussed with City Council in work session on September 22, 1994. It officially designates the Civic Center area as the preferred site for the arena, but also sets forth the Council's policy objectives with regard to priorities of the proposed economic development corporation that will be created if the half cent sales tax election passes on January 21, 1995. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4636 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 626 (43.) Consider Ordinance #9744 ordering a special election to be held on January 21, 1995 for the purpose of voting for or against the adoption of 3/8 of 1% sales and use tax within the City of Lubbock for economic development including the purchase of the land, construction, maintenance, and operation cost of a city -owned multipurpose facility to be used for sports, athletic, entertainment, tourist, and in convention purposes and activities pursuant to section 4B of Article 5190.6 of Vernon's Civil Statutes Annotated. ORDINANCE #9744 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF THREE -EIGHTHS (3/8) OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR ECONOMIC DEVELOPMENT; INCLUDING THE PURCHASE OF LAND, THE CONSTRUCTION, MAINTENANCE AND OPERATION COSTS OF A MUNICIPALLY OWNED MULTIPURPOSE FACILITY TO BE USED FOR SPORTS, ATHLETIC, ENTERTAINMENT, TOURIST AND CONVENTION PURPOSES AND ACTIVITIES PURSUANT TO SECTION 4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES; MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. Jim Bertram, Director of Strategic Planning, presented staff comments. The f wording for this ordinance sets out the ballot language as discussed by Council in the September 22, 1994 Council work session. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to pass on first reading Ordinance #9744, with this item appearing as the first proposition on the ballot. Motion carried: 5 Yeas; 0 Nays. (44.) Consider Ordinance #9745 ordering a special election to be held on January 21, 1995 for the purpose of voting for or against the adoption of an additional sales and use tax within the City at the rate of 1/8 of 1% to be used to reduce the property tax rate pursuant to chapter 321 of the tax code. ORDINANCE #9745 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE -EIGHTH (1/8) OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX RATE PURSUANT TO CHAPTER 321 OF THE TAX CODE, - MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PU"OSE HEREOF. Jim Bertram, Director of Strategic Planning, presented staff comments. The wording for this ordinance sets out the ballot language as discussed by Council in the September 22, 1994 Council work session. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to pass on first reading Ordinance #9745, with this item appearing as the second proposition on the ballot. Motion carried: 5 Yeas; 0 Nays. October 13, 1994 Page 627 (45.) Consider Ordinance #9746 amending Chapter 13 of the Code of Ordinances of the City of Lubbock and adopting the 1994 Structural Standards Code of the City of Lubbock. ORDINANCE #9746 AN ORDINANCE AMENDING THE PRESENT CHAPTER 13 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS (BEING THE HOUSING STANDARDS CODE) AND ADOPTING THE 1994 STRUCTURAL STANDARDS CODE OF THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Jean Shotts, Assistant City Attorney, presented staff comments. The City of Lubbock Housing Standards Code that is currently in force was written in 1972 and was last amended in 1991. Numerous changes have occurred in the State law as regards the City's ability to regulate structures. The new Structural Standards Code is an attempt to address those changes and incorporate them into our procedures. The most obvious change in the ordinance is in its scope. By its very nature it is now intended to address more than just residential structures. A less obvious change, which could be more important, is that in this Code the City of Lubbock explicitly adopts for the first time the provisions of Chapter 214 of the Texas Local Government Code. For many years we have proceeded under that Chapter's provisions; however, we have never expressly adopted it, and in past litigation with property owners that has been a potential problem which should now be resolved. The Code makes extensive changes in the procedures of the Housing Standards Commission which are mandated by changes in State law, particularly in the time frames which the HSC may allow an owner to repair a structure. It places the burden of proof on the owner to establish that he needs more than thirty days, however, at the same time, it expands the discretion of the HSC. The Code was written with the assistance of the Codes Enforcement and Planning Departments and has been reviewed by the Housing Standards Commission. The Legal staff recommended approval of this ordinance. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9746 with the understanding that slight changes may be included on second reading as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (46.) Consider one appointment to the Convention and Tourism Bureau of Lubbock, Inc., Board of Directors to fill one vacant position. It was the consensus of Council to hold on this item. (51.) Confirm appointment of Pete Ruiz and reappointment of Randy Andrews to the Airport Board. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Pete Ruiz and reappoint Randy Andrews to the Airport Board. Motion carried 5 Yeas; 0 Nays. (52.) Confirm appointment of Wayne Hollinshead and John Burdette to the Board of Trustees of the Lubbock Regional MHMR Center. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Wayne Hollinshead and John Burdette to the Board of Trustees of the Lubbock Regional MI MR Center. Motion carried 5 Yeas; 0 Nays. October 13, 1994 Page 628 (53.) Confirm appointment of Robert Estrello to the Citizens Traffic Commission. It was the consensus of the Council to hold on this item. (54.) Confirm appointment of Jim Gomez, Annie Hutchinson, Ann Rowley, Rhonda Truett, Julia Carrillo, Larry Keefauver, Jane Anne Stinnett, Fedenciso Gomez, and Ellis Langston to the Community Development Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Jim Gomez, Annie Hutchinson, Ann Rowley, Rhonda Truett, Julia Carrillo, Larry Keefauver, Jane Anne Stinnett, Fedenciso Gomez and Ellis Langston to the Community Development Advisory Committee. Motion carried 5 Yeas; 0 Nays. (55.) Confirm appointment of Tom Rohrig, Mary Jackson, Alex Torres and Annie Margaret Clark to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Tom Rohrig, Mary Jackson, Alex Torres and Annie Margaret Clark to the Community Services Commission. Motion carried 5 Yeas; 0 Nays. (56.) Confirm appointment of Jim Taylor and Joseph Tienda to the Goals for Lubbock: Neighborhood and Citizen Involvement Subcommittee Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Jim Taylor and Joseph Tienda to the Goals for Lubbock: Neighborhood ' and Citizen Involvement Subcommittee. Motion carried 5 Yeas; 0 Nays. (57.) Confirm appointment of Murray Hensley, Len Hutchinson, Chevo Moralez, Stephen Stone and Gertie Jeter to the Lubbock Civic Centers Board Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Murray Hensley, Len Hutchinson, Chevo Moralez, Stephen Stone and Gertie Jeter to the Lubbock Civic Centers Board. Motion carried 5 Yeas; 0 Nays. (58.) Confirm appointment of Marciano Morales, Joe Mayes, Walker Metcalf, and R. C. Douglas to the Lubbock Health Facilities Development Corporation Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Marciano Morales, Joe Mayes, Walker Metcalf and R.C. Douglas to the Lubbock Health Facilities Development Corporation. Motion carried 5 Yeas; 0 Nays. (59.) Confirm appointment of Kay Wilkinson and Gene Quest and reappointment of Douglas Sanford to the Lubbock Industrial Development Corporation Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Kay Wilkinson and Q--, Quest and reappoint Douglas Sanford to the Lubbock Industrial Development Corporation. Motion carried 5 Yeas; 0 Nays. (60.) Confirm appointment of Sabra Srader, Arden Hawkins and Mickie Webb to the Lubbock Public Transit Advisory Board It was the consensus of the Council to hold on this item. October 13, 1994 Page 629 (61.) Confirm appointment of Bobby Norman to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Bobby Norman to the Permit and License Appeal Board. Motion carried 5 Yeas; 0 Nays. (62.) Confirm appointment of David Murrah and reappointment of Garry Kelly and Mary Crites to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint David Murrah and reappointment of Garry Kelly and Mary Crites to the Urban Design and Historic Preservation Commission. Motion carried 5 Yeas; 0 Nays. (63.) Confirm appointment of Mitchell Hankins as an alternate to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to appoint Mitchell Hankins as an alternate to the Zoning Board of Adjustment. Motion carried 5 Yeas; 0 Nays. (47.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). (48.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072 to discuss purchase of real property (Right -of -Way Department and Water Utilities). (49.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). It was the consensus of Council to hold on this item. (50.) 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 Community Services Commission Lubbock Health Facilities Development Corporation Planning and Zoning Commission Public Responsibility Committee (Lubbock Regional MHMR Center) Zoning Board of Adjustment October 13, 1994 Page 630 There being no further business to come before Council, motion was made by Councilmember Cooke, seconded by Councilmember Sitton to adjourn the meeting at 3:40 p.m. Motion carried: 4 Yeas, O_Nay&(Councilmember Ince was absent from Council Chambers). IVI1 ' ATTEST: Betty Nf Johnson, ity Secretary Read and approved this the 20th ATTEST: - 1 1 r-Ij - Betty M. ohnsor., ty Secretary