HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 12, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 12th
day of January 1995 in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer,
Councilmember Victor Hernandez, Councilmember T. J. Patterson,
Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex
Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary
Betty M. Johnson.
Mayor Langston called the meeting to order at 10:25 A.M.
( 1.) The Invocation was given by Mayor Pro Tem Randy
Neugebauer.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Board Appointments.
( 4.) Frank Keller and members of the City of Lubbock Retired
Employees Association appeared to request a cost of living
increase for retired employ
In January of 1994, prior to the completion of the budget process,
the City of Lubbock Retired Employees Association submitted a
written request to the City Council for a cost of living increase
through the Texas Municipal Retirement System (TMRS). Their
request was not approved as part of the budget.
Mr. Frank Keller, a retired City of Lubbock Police Officer,
appeared as spokesperson for the group. Mr. Keller presented
information regarding other TMRS member cities in Texas
(approximately 53%) who granted cost of living increases to
retirees. Mr. Keller made a request on behalf of the group for this
increase.
State law allows a city to increase its annuities to TMRS between
10% and 70% of the increase in the Consumer Price Index (CPI),
less any previously granted increases. This can be approved
annually or via ordinance that allows updating of service credits.
The last annuity increase approved by the City Council was in
1983 at 60% of the CPI.
It was the consensus of the City Council to instruct City staff to
analyze the resources available and take appropriate action in the
next budget process.
( 5.) Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve the minutes of the December
15, 1994, Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
City Council Minutes
January 12, 1995
Page 770
( 6.) ORDINANCE 99767--Abandoning and closing a portion of
Grover Avenue located in the Spur 327 Business Park Addition
(5805 63rd Street).
ORDINANCE #9767
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF GROVER
AVENUE LOCATED IN THE SPUR 327 BUSINESS PARK ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9767 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(7.) ORDINANCE 49768--Abandoning and closing a portion of
66th Street in the Spur 327 Business Park Addition (5802 66th
Street).
ORDINANCE 49768
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH
STREET LOCATED IN THE SPUR 327 BUSINESS PARK ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9768 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 8.) ORDINANCE 49769--Amending Chapter 24 of the Code of
Ordinances related to the assigning of street addresses and
nrovidin6 for anneals.
ORDINANCE #97
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ASSIGNMENT OF STREET ADDRESSES WITHIN THE CITY OF LUBBOCK;
PROVIDING FOR APPEAL OF STREET ADDRESS DECISIONS TO THE
BUILDING BOARD OF APPEALS; PROVIIDNG A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9769 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
770
City Council Minutes
January 12, 1995
Page 771
( 9.) ORDINANCE 99770--Amending Chapter 2 of the City of
Lubbock Code of Ordinances regarding appointment of
members to the Firemen's and Policemen's Civil Service
Commission.
ORDINANCE #9770
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
APPOINTMENT OF MEMBERS OF THE FIREMEN'S AND POLICEMEN'S CIVIL
SERVICE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance 49770 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(10.) Consider Ordinance #9771 abandoning and closing two
portions of a drainage easement and one portion of an overflow
easement located in Tract A, Treasure Island Addition (5801
4th�
ORDINANCE #9771
AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF A
DRAINAGE EASEMENT AND ONE PORTIO OF AN OVERFLOW EASEMENT
LOCATED IN TRACT A, TREASURE ISLAND ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIIDNG A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes two 30-foot drainage
easements and one 30-foot overflow easement which are located
on the Treasure Island Golf Course property, southeast corner of
4th Street and Frankford Avenue. These easements were dedicated
by plat and new easement areas will be dedicated in the new plat.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on first reading Ordinance #9771 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
771
City Council Minutes
January 12, 1995
Page 772
(11.) Consider Ordinance #9772 abandoning and closing a portion
of an allev located in Block 1 Perkins Subdivision of Blocks 17,
18, 19, 20 and 21, Roberts & McWhorter Addition (201
University).
ORDINANCE #9772
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN
ALLEY LOCATED IN BLOCK 1, PERKINS SUBDIVISION OF BLOCKS 17, 18, 19,
20 AND 21, ROBERTS AND MCWHORTER ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance closes a 10,686 square foot portion of an alley east
of University Avenue between 2nd Street and 2nd Place. Bell
Dairy is the proponent of this closure. They plan to build over the
closed alley. Since they were not the original dedicators, Bell
Dairy will be charged for the closed right-of-way. This alley area
has been appraised at $1.00 per square foot from Appraisal District
values and market data in the area. The valuation of the alley is as
follows: $1.00 x 10,686 sq. ft. = $10,686. Bell Dairy will receive a
credit of $1,700 for a 3,400 square foot dedication of a 20-foot
underground utility easement and garbage service easement to
satisfy the utility companies; therefore the total amount the City
will receive is $8,986. All utilities are in agreement and the
preliminary plat has been submitted.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on first reading Ordinance #9722 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #4690 authorizing the Mayor to sigma
Corrected Quitclaim Deed in favor of Manuel G. and
Rosalinda Villarreal (2903 Harvard
RESOLUTION 94690
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 Correction Quitclaim Deed
in favor of Manuel G. and Rosalinda Villarreal, which Deed is attached hereto and shall
be spread upon the minutes of this Council and constitute and be a part of this Resolution
as if fully copied herein in detail.
772
City Council Minutes
January 12, 1995
Page 773
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Correction Quitclaim Deed in filed with Resolution No. 4690.
On July 14, 1994, the City Council approved a Quitclaim deed to
Manuel G. and Rosalinda Villarreal for an excess portion of land
purchased by the City in 1989. The legal description of this tract
of land in the original deed contained an error in the beginning call
and the Correction Quitclaim Deed will correct this error.
The Right -of -Way Department recommended approval of this
resolution and corrected Quitclaim Deed.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4690 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution #4691 authorizing acceptance of water
and sanitary sewer improvements for Lot 1, Village Center
Addition.
RESOLUTION 44691
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOT 1, VILLAGE CENTER ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lot 1, Village Center Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $10,718.57, with the
improvements constructed by Stacey Enterprises, Inc. having a value of $10,510.30, as
determined by the unit prices established by said Chapter 28, and $208.27 cash paid to
the City, which amount includes $0.00 transferred funds for adjacent lines, and $0.00
cash for adjacent lines, with Stacey Enterprises, Inc., the developer, to receive a refund of
773
City Council Minutes
January 12, 1995
Page 774
$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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
This is a routine acceptance of water and sanitary sewer
improvements constructed in accordance with the subdivision
regulations. The total cost of the improvements is $10,718.57
including value of construction costs of $10,510.30 and $208.27
cash paid to the City of Lubbock. The developer, Stacey
Enterprises, Inc., will not receive a refund. There is no refund of
deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4691 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
774
City Council Minutes
January 12, 1995
Page 775
(14.) Consider Resolution 44692 authorizing the Mayor to execute a
professional services agreement with South Plains
communications for assistance in the evaluation, analysis,
recommendation and contract preparation of the 800 MHz
Communications System.
RESOLUTION 94692
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 Professional Services
Contract, attached herewith, by and between the City of Lubbock and South Plains
Communications for an 800 MHz Radio Communications System, and any associated
documents, which Agreement shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning, Managing Director
of Information & Communication Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Professional Services Contract is filed with Resolution No. 4692.
Proposals from qualified vendors to provide equipment and
services to upgrade the City's radio communications system were
requested in August 1994. Responses to the request for proposals
were received in November 1994. Four evaluation teams
(requirements, cost, vendor qualifications, and integrated strategy)
along with LISD and EMS representatives are working to meet a
January 31, 1995, target date for completing their evaluation.
Vendor presentations and demonstrations were completed in mid
December.
An independent analysis, verification and validation process will
be conducted as the next phase of the evaluation for this multi-
million dollar system. An independent service provider is to
perform the following professional services within the scope of a
professional service agreement:
775
City Council Minutes
January 12, 1995
Page 776
1) Verify and validate the findings of the City of Lubbock
RFP evaluation teams.
2) Recommend modifications or alternatives to the proposed
solutions.
3) Assist with the evaluation of proposals received in response
to the RFP.
4) Assist in the contract negotiations with vendors.
5) Assist in the final recommendation and presentation to the
City Council.
Total compensation to be paid under this professional services
agreement shall not exceed $10,000.
In order to ensure that the most beneficial system is selected at the
most reasonable price, the staff recommended the use of
professional services and the approval of the resolution and
contract.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4692 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
776
City Council Minutes
January 12, 1995
Page 777
(15.) BID 913070--A. B. Davis Party House Renovations, and
authorize same (Park Development).
RESOLUTION 44693
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 Ron Lowe Construction of Lubbock
to furnish and install all materials as bid for the A.B. Davis Parry House Renovations,
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 12th day of January 1995.
/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/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
CONTRACT
STATE OF TEXAS 6
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 12th day of January, 1995 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 Ron Lowe Construction 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. 13070--A.B. Davis Party House Renovations (Park Development) in the
amount of $26,450.00
777
City Council Minutes
January 12, 1995
Page 778
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:
ATTEST:
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
Ron Lowe Construction
CONTRACTOR
By:
TITLE:
Ron Lowe Construction
P.O. Box 93835
Lubbock, Texas 79493
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4693 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) BID #13087--Police Uniforms -Annual Pricing (Police
Department).
Daco Uniforms, Lubbock, TX--725 Ea. Man's Short Sleeve Shirt;
50 Ea. Woman's Short Sleeve Shirt; 520 Ea. Man's Long Sleeve
Shirt; 35 Ea. Woman's Long Sleeve Shirt; 725 Pr. Man's Trousers;
50 Pr. Woman's Trousers; 315 Ea. Uniform Hat; 32 Pr. Motorcycle
Breeches; 185 Pr. Sergeant Chevrons; 235 Pr. Corporal Chevrons;
1,000 Ea. Service Stripes, Horizontal.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
778
City Council Minutes
January 12, 1995
Page 779
(17.) BID #13089--Landfill Compactor (Fleet Services).
West Texas Equipment, Lubbock, TX--1 Ea. Landfill Compactor,
per Spec 950 with Extended Powertrain Warranty; 1 Lt.
Preventative Maintenance Total Cost, 6000 hours.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) BID 413103--Industrial & Farm Equipment (Fleet Services).
Abilene Ag Ford New Holland, Abilene, TX--2 Ea. Tractor, 84
PTO Horsepower per Spec 902; 1 Ea. Tractor Backhoe with Front
End Loader per Spec 906; 1 Ea. Tractor Backhoe with Front End
Loader per Spec 942.
Hurst Equipment, Lubbock, TX--1 Ea. Tractor, 4WD, 30 PTO
Horsepower per Spec 984.
Western Implement Co., Lubbock, TX--1 Ea. Swather, Self -
Propelled per Spec 980.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) BID 413104--Mechanical Street Sweeper (Fleet Services).
STM Equipment, Arlington, TX--2 Ea. Mechanical Street Sweeper
per Spec 911.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) BID 913110--Lubbock Power & Light Billing Statements and
Envelopes (Print Shopl.
Gage Van Horn & Associates, Lubbock, TX--1,000 M Lubbock
Power & Light Billing Statements.
Westvaco Envelope Division, Dallas, TX--1,000 M Lubbock
Power & Light #10, Single Outside Window Envelopes; 1,000 M
Lubbock Power & Light #9, Single Inside Window Envelopes.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
779
City Council Minutes
January 12, 1995
Page 780
(21.) BID 913116--1995 Street Maintenance Program and authorize
same (Streets).
RESOLUTION 94694
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 Williams & Peters Construction of
Lubbock to furnish and install all materials as bid for the 1995 Street Maintenance
Program, 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 12th day of January 1995.
/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
• _ : ffl W#j:iu
/s/ John C. Ross,, Jr.
John C. Ross, Jr., City Attorney
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 12th day of January, 1995 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 Williams and Peters Construction Co., Inc. of the City of Lubbock, County
of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13116--1995 Street Maintenance Program in the amount of S 1,744,696.66
780
City Council Minutes
January 12, 1995
Page 781
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/ Don Jennings
ATTEST:
/s/ Betty L. Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Williams and Peters Construction Co.. Inc.
CONTRACTOR
By: /s/ Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction Co.
P.O. Box 3907
Lubbock, Texas 79452
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4694 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(22.) BID #13117--Electric Cable (Electric Distribution).
Cablec Utility Cable Company, Grand Prairie, TX--30,000 Ft. No.
1/0 Cable in Pipe; 15,000 Ft. 4/0 600 Volt Cable; 5,000 Ft. 350
MCM 600 Volt Cable.
Techline, Inc., Amarillo, TX--22,500 Ft. No. 1/0 Cable Out of
Pipe.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
781
City Council Minutes
January 12, 1995
Page 782
(23.) BID #13123--Lease/Purchase Compactor and Receiver/Packer
Container (Solid Waste).
Industrial Disposal Supply, Plano, TX--1 Ea. 2 Cubic Yard
Compactor and 41 Cubic Yard Packer/Receiver 36 Month
Lease/Purchase.
RESOLUTION 94694A
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 36 Month Lease/Purchase
Agree-ment for a 2 Cubic Yard Compactor and a 41 Cubic Yard Packer/Receiver,
attached herewith, by and between the City of Lubbock and Safeco Credit Company, Inc.,
dba Safeline Leasing, and any associated documents, which Agreement shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Frankhouser
Debra Frankhouser, Solid Waste
Assistant Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) BID 413138--Microbiology System Upgrade Health
Department).
Biomerieux Vitek, Inc.--1 Ea. Microbiology System Upgrade.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
782
City Council Minutes
January 12, 1995
Page 783
(25.) Zone Case No. 1999-F (5507 Brownfield Road) --Hold a public
hearing to consider request of Bernie Gradel, Jr.. (for Small
Business Administration) for a zoning change from C-3 to C-4
on a tract out of Lot 1-B, Westmoreland Addition, and
consider ordinance.
ORDINANCE #9773
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1999-F; A ZONING CHANGE FROM C-3 TO IHC
ZONING ON A TRACT OUT OF LOT 1-B, BLOCK 1, WESTMORELAND
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 10:50 A.M.
Bernie Gradel, Jr., appeared on behalf of Small Business
Administration to present this request for zone change from C-3 to
C-4.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:56 A.M.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land uses as follows:
North - Brownfield Highway
South - residential
East - commercial
West - commercial
The Planning Commission recommended approval of this request
as Interstate Commercial subject to the following condition:
The required screening fence shall be reconstructed and
maintained.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Cooke to pass on first reading Ordinance #9773
with condition as recommended by P&Z and City staff. Motion
carried: 7 Yeas; 0 Nays.
783
City Council Minutes
January 12, 1995
Page 784
(26.) Zone Case No. 2161-E (south of 82nd Street and east of
Elkridge Avenue) --Hold a public hearing to consider request of
Bernie Gradel, Jr., (for Lubbock Land Company) for a zoning
change from R-1 to R-1 Specific use on a tract out of the
northeast quarter of Section 13, Block E-2, and consider
ordinance.
ORDINANCE #9774
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-E; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING ON A TRACT OUT OF THE NORTHEAST QUARTER OF
SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Pro Tem Neugebauer recused and excused himself from
discussion and voting on this item and filed the necessary affidavit
with the City Secretary's Office.
Mayor Langston opened the public hearing at 10:58 A.M.
Bernie Gradel, Jr., appeared on behalf of Lubbock Land Company
to present this request for zone change from R-1 to R-1 Specific
Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:01 A.M.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land uses as follows:
North - residential
South - residential
East - residential
West - residential
The surrounding area for this parcel was rezoned in December
1994 to allow a reduced setback for the single family lots. The
Specific Use Permit for these lots will provide for a 20-foot front
setback versus the current standard of 25 feet.
The Council was informed that this subdivision will reflect the
various changes to the Subdivision Regulations being discussed at
the Planning Commission level at present, but using these
development standards was approved within the original
preliminary plat as a "test" subdivision. As such, the staff
recommended the request as routine.
The Planning Commission recommended approval of this request
subject to the following condition:
The front setback may be 20 feet.
Staff supported the recommendation of the Planning and Zoning
Commission.
784
City Council Minutes
January 12, 1995
Page 785
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance #9774 with
condition as recommended by P&Z and City staff. Motion carried:
6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused.
(27.) Consider Ordinance 49775 abandoning and closing three
drainage easements located in Section 27, Block E-2, (7101
Chicago).
ORDINANCE 99775
AN ORDINANCE ABANDONING AND CLOSING THREE (3) PORTIONS
OF A DRAINAGE EASEMENT LOCATED IN SECTION 27, 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.
Ed Bucy, Right -of -Way Agent, presented staff comments. This
ordinance abandons and closes three drainage easements located
east of Chicago Avenue at 70th Place, 71 st Street, and 72nd Street.
These easements were dedicated in 1975 through a drainage
easement instrument. Lubbock Land Company is platting this area
and is dedicating streets where these drainage easements are
located. The new street dedications will serve the same purpose as
the current drainage easements.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to pass on first reading Ordinance #9775
as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Pro Tern Neugebauer recused and excused himself from any
discussion and voting.
(28.) Consider Resolution 44695 authorizing the City Council to
appoint a temporary, "Drainage Criteria Advisory
Committee."
RESOLUTION 44695
WHEREAS, the City Council has recognized the need to develop a
comprehensive Master Drainage Plan and a Drainage Manual; and
WHEREAS, a private engineering firm has been contracted to develop such
Master Drainage Plan and Drainage Manual; and
WHEREAS, the City Council desires that a citizens advisory group be created to
review and recommend the drainage criteria and policies to be included in the Drainage
Manual; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a temporary "Drainage Criteria Advisory Committee"
is hereby created.
785
City Council Minutes
January 12, 1995
Page 786
SECTION 2. THAT the Committee is to be charged with the following
responsibilities:
An evaluation of existing drainage criteria and policies within the City of
Lubbock.
2. A recommendation for drainage criteria and policies to be included in
the City's Drainage Manual, which may include, but not be limited to:
a. A recommendation on standards for modifications to playa lakes;
b. Minimum standards for the design and construction of drainage
structures such as storm sewers, overflow channels, pump
stations, etc.;
C. Methods for estimating high water or overflow elevations in
playa lakes, including design storm criteria.
3. A recommendation regarding stipulations for compliance with storm
water quality requirements as established by the Environmental
Protection Agency's (EPA's) National Pollution Discharge Elimination
System (NPDES) for the Municipal Separate Storm Sewer System
(MS-4).
4. A recommendation regarding methods and procedures for approval of
developments involving modifications to the City's drainage system.
SECTION 3. THAT the Advisory Committee will work closely with the City
staff and the private consultant. The development of data and information required to
perform the functions outlined in SECTION 2 of this resolution will be prepared by the
private consultant and the staff and distributed to the Committee for their review and
recommendation.
SECTION 4. THAT the City Council shall appoint thirteen (13) members to
such Committee comprised of representatives of the following groups:
Background
No.
Storm Water Advisory Committee 2
Playa Lake/Drainage Study Committee 2
Developers 1
Civil Engineers
Texas Tech University 2
Texas Department of Transportation 1
USDA Natural Resources Conservation Service 1
General Public 4
TOTAL 13
SECTION 5. THAT the staff liaison to the Committee will be the City Engineer.
In addition, support to the Committee shall be furnished particularly by the following
departments:
a. Street/Drainage Engineering (Storm Water Management Section)
b. Legal
C. Parks and Recreation
City Council Minutes
January 12, 1995
Page 787
SECTION 6. THAT a chairperson shall be selected in accordance with City
Policy and Procedures Manual, Volume I.
SECTION 7. THAT after the Committee is appointed and constituted, it shall
meet at such times and places as it deems necessary to carry out the purposes for which it
was appointed, and the Committee shall appoint one of its members, or a staff person, as
its secretary to record its business and proceedings and forward any necessary reports
and/or recommendations of the Committee to the Mayor and City Council of the City of
Lubbock.
SECTION 8. THAT the Committee herein created and subsequently appointed
by the City Council shall serve at the will of the City Council until such time as the City
Council determines the work of the Committee is completed.
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
Larry Hertel, City Engineer, presented staff comments. The City
recently contracted with Parkhill, Smith & Cooper, Inc., (PSC) for
the preparation of the Master Drainage Plan and Drainage Manual.
One of the recommendations of the Playa Lake/Drainage Study
Committee was appointment of a committee to participate in the
development of the drainage criteria and policies to be included in
the Drainage Manual. The Playa Lake Committee also
recommended that the committee consist of representatives of
groups or businesses affected by the requirements of the Drainage
Manual. The name of this committee would be the "Drainage
Criteria Advisory Committee."
The primary functions of the Drainage Criteria Advisory
Committee would be to evaluate the existing drainage criteria and
policies within the City, make recommendations for new drainage
criteria and policies, recommend stipulations for compliance with
EPA's storm water quality requirements and recommend methods
and procedures for approval of developments involving
787
City Council Minutes
January 12, 1995
Page 788
modifications to the City's drainage system. PSC and the staff
would develop the data and information required to perform such
functions. The Committee would meet periodically with PSC and
the staff to review the data and make the pertinent
recommendations.
The staff herein proposes that the Drainage Criteria Advisory
Committee be formed of representatives of the following groups:
Background No.
Storm Water Advisory Committee 2
Playa Lake/Drainage Study Committee 2
Developers 1
Civil Engineers Texas Tech University 2
Texas Department of Transportation 1
USDA Natural Resources Conservation Service 1
General Public 4
TOTAL 13
The City Engineer would serve as the staff liaison to the
Committee. The Committee would serve at the will of the City
Council until such time as the City Council determines that the
work of the Committee is completed.
Staff recommended approval of this resolution authorizing the City
Council to appoint a temporary Drainage Criteria Advisory
Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution 94695 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
788
City Council Minutes
January 12, 1995
Page 789
(29.) Consider Resolution 94696 authorizing the Mayor to execute a
lease agreement between the City of Lubbock and the South
Plains Community Action Association, Inc. --WIC Program.
RESOLUTION #4696
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and
between the City of Lubbock and the South Plains Community Action Association, Inc. -
- WIC Program, 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services Division
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Lease Agreement is filed with Resolution No. 4696.
Doug Goodman, Director of Housing and Community
Development, presented staff comments. Since 1988 the Lubbock
City Health Department has been the agency that refers women,
infants and children to the provider for WIC services as deemed
necessary by the referral agency's responsible personnel. As of
1994 the Lubbock City Health Department is no longer the referral
agency for WIC services. The South Plains Health Provider
Organization, Inc. has agreed to provide all the services pertaining
to the WIC Program.
During this transition, South Plains Community Action
Association, Inc. made a request that the City of Lubbock lease to
the WIC Program approximately 1,500 square feet of air
conditioned and/or heated, handicapped accessibility, clinic space,
and access to common area restrooms and parking of the Health
Department building located at 1907 Texas Avenue.
789
City Council Minutes
January 12, 1995
Page 790
The term of this lease agreement would be for one year from
October 1, 1994, through September 30, 1995. It may be renewed
for one year terms upon mutual written agreement of the parties
expressed within thirty days of the end of the initial term or any
extension thereof. The WIC Program would pay the City the sum
of $750 per month. The market value of the space for the Health
Department has been compared to the surrounding rental
properties. The City's Right -of -Way Agent makes
recommendation that the price of $6 per square foot is fair and
reasonable for the Health Department.
Staff recommended the approval of the Lease Agreement.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution #4696 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(30.) Consider Resolution #4697 authorizing the Mayor to execute
an agreement with SlatonBean Neighborhood Association for
neighborhood enhancement and beautification project
RESOLUTION #4697
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
SlatonBean Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4697.
790
City Council Minutes
January 12, 1995
Page 791
Doug Goodman, Director of Housing and Community
Development, presented staff comments on items 30-37. Each
neighborhood association receiving funding was given the
opportunity to speak about its project.
The Neighborhood Enhancement and Beautification Project is a
newly -developed CDBG program aimed at the development of
viable communities or neighborhoods in order to provide a more
suitable living environment. The program is targeted principally
toward low -and -moderate -income individuals. The main purpose
of the project is to aid in neighborhood empowerment, community
restoration, and redevelopment via the creation of tangible
improvements. Neighborhood associations in CDBG eligible areas
were given the opportunity to apply for a grant of up to $10,000 for
improvements in their respective neighborhoods. Proponents for
each of the recommended projects must provide at least 25 percent
matching for the funds requested.
Eight neighborhood associations applied for a total of $54,778.64.
The remaining balance of $25,221.36 will be available for CDBG-
eligible neighborhoods to apply for in future months.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4697 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
791
City Council Minutes
January 12, 1995
Page 792
(31.) Consider Resolution #4698 authorizing the Mayor to execute
an agreement with Parkway/Cherry Point Neighborhood
Association for neighborhood enhancement and beautification
project.
RESOLUTION #4698
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock,
Parkway/Cherry Point Neighborhood Association and Texas Department of
Transportation. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4698.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4698 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
792
City Council Minutes
January 12, 1995
Page 793
(32.) Consider Resolution #4699 authorizing the Mayor to execute
an agreement with North Overton Neighborhood Association
for neighborhood enhancement and beautification project.
RESOLUTION #4699
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and
North Overton Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4699.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to authorize Resolution #4699 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
793
City Council Minutes
January 12, 1995
Page 794
(33.) Consider Resolution #4700 authorizing the Mayor to execute
an agreement with South Overton Neighborhood Association
for neighborhood enhancement and beautification project
RESOLUTION #4700
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
South Overton Residential and Commercial Associations, 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty . Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
:_"1180 :`we•.0
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4700.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to authorize Resolution #4700 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
794
City Council Minutes
January 12, 1995
Page 795
(34.) Consider Resolution #4701 authorizing the Mayor to execute
an agreement with Dunbar Manhattan Heights Neighborhood
Association for neighborhood enhancement and beautification
project.
RESOLUTION #4701
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
Dunbar/Manhattan Heights Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4701.
Motion was made by Councilmember Patterson, seconded by
Councihmember Sitton to authorize Resolution #4701 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
795
City Council Minutes
January 12, 1995
Page 796
(35.) Consider Resolution 44702 authorizing the Mayor to execute
an agreement with Jackson Neighborhood Association for
neighborhood enhancement and beautification project
RESOLUTION 94702
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
Jackson Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4702.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4702 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
796
City Council Minutes
January 12, 1995
Page 797
(36.) Consider Resolution 44703 authorizing the Mayor to execute
an agreement with Blue Sky Neighborhood Association for
neighborhood enhancement and beautification project.
RESOLUTION 44703
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
Blue Sky Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4703.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #4703 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
797
City Council Minutes
January 12, 1995
Page 798
(37.) Consider Resolution 94704 authorizing the Mayor to execute
an agreement with Heart of Lubbock Neighborhood
Association for neighborhood enhancement and beautification
project.
RESOLUTION #4704
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 Neighborhood
Enhancement and Beautification Agreement by and between the City of Lubbock and the
Heart of Lubbock Neighborhood Association. 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia Martinez -Flores
Sylvia Martinez, Manager, Community
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
A copy of the Neighborhood Enhancement and Beautification Agreement is filed with
Resolution No. 4704.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Cooke to authorize Resolution #4704 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(38.) Consider Resolution #4705 approving a request for changing
the start of the Community Development Block Grant,
Emergency Shelter Grant HOME Program grant rears from
June 1 to October 1 and authorizing use of contingency and
program income funds to cover 1995-96 program costs for the
four months (June, July, August and September).
RESOLUTION 44705
WHEREAS, the City of Lubbock Community Development fiscal year has begun
June 1 of each year since the inception of the CDBG program; and
798
City Council Minutes
January 12, 1995
Page 799
WHEREAS, this start date, which does not coincide with City and Federal fiscal
years has been problematic for the Community Development, other City departments, and
the Department of Housing and Urban Development (HUD); and
WHEREAS, HUD has initiated changes requiring the consolidation of reporting
and application for all HUD entitlement programs; and
WHEREAS, changing the program year will have an adverse effect on several
housing and public service programs recommended for funding in the 1995-1996
program year by delaying funding for four (4) months; and
WHEREAS, said hardship on these programs impacts critically upon the general
welfare of the neighborhoods and low and moderate income families; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Housing and Community Development staff is hereby
directed to pursue with the Department of Housing and Urban Development the changing
of the City of Lubbock's Housing & Community Development program year from June 1
through May 30 to October 1 through September 30 each year.
SECTION 2. THAT a Pre -Agreement Cost Waiver as allowed under the HUD
regulations be requested for reimbursement to the CDBG contingency funds and CDBG
program income funds of any monies expended for projects in the four (4) months of
June, July, August and September prior to the start of the October 1, 1995 program year.
Passed by the City Council this 12th day of January„ 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Director of Health
and Community Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
Doug Goodman, Director of Housing and Community
Development, presented staff comments. The City of Lubbock
receives entitlement grants from the Department of Housing and
Urban Development on an annual basis. In the past, the
Community Development Block Grant, Emergency Shelter Grant,
and HOME grant have been received at various times throughout
the year. Thus, the three programs have had different program
years. Last year, HUD began efforts to streamline these three
entitlement programs into one fiscal year and the City of Lubbock
799
City Council Minutes
January 12, 1995
Page 800
submitted a consolidated application which started these three
programs on June 1, 1994..
It is possible to further streamline procedures and processes by
matching the fiscal years of the above mentioned programs with
that of the City. Doing so, however, would cause the City to incur
some "up front" costs in order to bridge the time period between
the end of the current program fiscal year (May 31) and the
beginning of the City's fiscal year (October 1). It is estimated that
staff would need to come up with approximately $165,000 to
bridge housing and administration programs from the ending of the
CD fiscal year (May 1995) and the beginning of the City's fiscal
year (October 1995). Additionally, summer youth programs would
be similarly affected at a cost of approximately $125,000. Thus,
staff would need to come up with approximately $290,000.
Resources for these funds would include:
(1) CDBG Contingency Funds $205,755.20
(2) CDBG Program Income Funds 871 909.30
$1,077,664.50
The City's CDBG staff anticipates that the benefits realized by
changing the program years from June 1 to October 1 far outweigh
any disadvantages. Staff therefore recommended approval of this
item.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4705 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(39.) Consider Resolution 44706 authorizing the Mayor to execute
an Interlocal Agreement between the City of Lubbock and
Texas Tech University for the evaluation of land application of
wastewater sludge.
RESOLUTION #4706
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement with
Texas Tech University for Evaluation of Land Application of Sludge produced by the
City of Lubbock Wastewater Treatment Plant, 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, and further
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City Council Minutes
January 12, 1995
Page 801
ratifying and approving two Letter Agreements with Texas Tech University for
preliminary work on this project dated January 19, 1994, and May 16, 1994, attached
herewith, which shall be spread upon the minutes of this 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 12th day of January, 1995.
/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, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Interlocal Agreement with Texas Tech is filed with Resolution No. 4706.
Terry Ellerbrook, Director of Water Utilities, presented staff
comments. The City of Lubbock's Southeast Water Reclamation
Plant generates tons of municipal wastewater sludge each day
which must be disposed of in accordance with Texas Natural
Resource Conservation Commission (TNRCC) permit
requirements. The City of Lubbock's current TNRCC permit
requires that wastewater sludge be disposed of in the City's
municipal landfill. Disposal has become significantly more costly
in recent years due to changes in the volume of sludge produced,
increases in landfill disposal costs, and changes in federal and state
law. The volume has more than doubled since 1992, primarily due
to the higher quality of effluent being produced and the higher
moisture content of the sludge. The cost of landfill disposal has
increased from $9.00 per ton in 1992 to $19.25 per ton in 1994,
resulting in an increase in disposal costs from $51,000 in 1992 to
$358,326 in 1994. Changes in Federal and State law discourage
continued disposal of sludge in landfills, thus encouraging cities to
beneficially use sludge as soil enhancement and natural fertilizer in
agricultural operations.
Anticipating the changes in volume, cost of disposal, and changes
in law, the City staff began to analyze alternatives to landfill
disposal in 1992. Multiple options were considered, including
composting, incineration, beneficial agricultural use on city -owned
land and on private land, and continued landfill disposal. It
became apparent that the most cost-effective and environmentally -
sound alternative was the beneficial use of sludge at the City Land
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City Council Minutes
January 12, 1995
Page 802
Application Site. Agronomists at Texas Tech University
determined that approximately 1,570 acres of land would be
needed to dispose of the sludge produced, and that the site could be
used effectively for over 100 years without resulting in build-up of
regulated substances such as heavy metals. Investigations by the
staff revealed that the sludge currently being produced would meet
federal and state requirements for land application. However, a
major TNRCC permit amendment would be required to change the
disposal practice.
The one major concern about the land application of sludge on the
City site is related to TNRCC approval. Historical irrigation
practices for several years (prior to City acquisition of the site)
resulted in nitrate -rich groundwater under the site. This resulted in
a TNRCC required groundwater remediation program which
consists primarily of pumping groundwater for irrigation of plants
which utilize the available nitrogen. This effectively lowers the
nitrate levels in the groundwater as demonstrated by monthly
sampling of monitoring wells on the site. The potential problem is
that the TNRCC must be convinced that adding sludge to a site
which is being irrigated with either treated effluent or nitrate -rich
groundwater will not result in adding more nitrate to the
groundwater.
The TNRCC permit staff indicated that the City of Lubbock must
demonstrate the feasibility of land application at our site prior to
amending the City's permit. The City staff contacted Dr. John
Borrelli and Dr. Clifford Fedler, soils experts at Texas Tech
University, who have done previous studies for the City at the
Land Application Site. They proposed a fairly simple, short-term
demonstration project to gather the necessary data for TNRCC
consideration. This study would evaluate benefits of applying
sludge to the land, along with the evaluation of cropping patterns
and model nutrient loading rates.
The City of Lubbock's wastewater permit is scheduled for renewal
in May 1995. In January 1994 staff proposed to utilize budgeted
funds to initiate the study in time for spring planting. In
accordance with a Letter of Agreement from Texas Tech
University dated January 19, 1994, the preliminary research was
authorized for an agreed amount of $5,000. Following TNRCC
approval of this experimental project, the senior staff were
consulted during the revised budget process, and an additional
$25,000 in funds was dedicated to completion of Phase 1 of the
study. This work was outlined in a Letter of Agreement from
Texas Tech University dated May 16, 1994 and was paid out of
budgeted funds.
An Interlocal Agreement has been proposed between the City and
Texas Tech to complete the research outlined in their proposal for
an additional lump sum amount of $103,937. This research would
allow the City to proceed with the proposed renewal and
amendment of its wastewater permit, utilizing science -based
research to support the request to beneficially utilize wastewater
sludge on the Land Application Site. This would result in an
annual savings to Water Utilities of $358,323 in landfill disposal
costs, and the added benefit of conserving valuable landfill space
802
City Council Minutes
January 12, 1995
Page 803
for other purposes. In view of the potential cost savings and other
benefits, the staff recommended approval of this item.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4706 as
recommended by staff. Motion carried: 6 Yeas; 1 Nay--
Councilmember Hernandez.
(39A.) Consider Resolution 94707 authorizing the Mayor to sign a
contract with ARA Human Factors of Burtonsville, Maryland
for a job task analysis for the City of Lubbock Fire
Department.
RESOLUTION #4707
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 ARA/Human Factors, Inc., for a job
task analysis for the Lubbock Fire Department, 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 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing Director
of Human Resources
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the contract is filed with Resolution No. 4707.
Mary Andrews, Director of Human Resources, presented staff
comments. Council is aware of the fact that applicants for jobs in
the City of Lubbock Fire Department must qualify according to
Civil Service rules. This involves both an academic testing
procedure and a physical testing procedure. In addition, staff sees
the need to continually test existing fire fighters for physical fitness
purposes. Since these types of tests are often subject to challenge
under Civil Service law, it is extremely helpful to have them
803
City Council Minutes
January 12, 1995
Page 804
validated in order to be certain that our standards are defendable
and relevant. With that in mind, the staff suggested that the City
enter into a contract with ARA Human Factors to conduct such a
validation study for the implementation of its proprietary Combat
Test. This is an entry level and incumbent fire fighter physical
performance test.
The content -valid approach for physical ability testing used by
ARA is consistent with recommendations contained in the
Technical Assistance Manual published by the EEOC and
recommendations forwarded by the NFPA 1583 (draft) Committee
on Physical Performance Standards.
ARA has a track record and research backlog for job standards
development that is at the forefront of the profession. The wealth
of physiological research conducted by ARA's principals is
focused on a cost-effective approach that will provide the
department with a state of the art selection instrument identifying
the most qualified applicants. The methodology used by ARA is
not norm -referenced, since this approach has been circumscribed
by the Civil Rights Act of 1991, but rather utilizes a proprietary
method based upon the job demands. They determine the
requirements of the job and then establish the standards, rather than
define the job by who is performing the job. The establishment of
acceptable performance levels is based upon management's
evaluation without regard to the sex, age or race of the person
performing the tasks.
ARA/Human Factors has had extensive experience in providing
consultation and expert witness testimony in employment
opportunity cases and similarly will stand behind its work products
if called upon to do so.
The Human Resources Department recommended the approval of
the resolution to sign a contract with ARA for a job task analysis
for the City of Lubbock Fire Department, Physical Ability Test.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4707 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
804
City Council Minutes
January 12, 1995
Page 805
(40.) Consider Resolution #4708 amending a section of Volume I of
the Citv of Lubbock Policies and Procedures Manual entitled
"Boards and Commissions --Replacement of Members."
RESOLUTION 94708
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 Amendment of Volume 1
of the City of Lubbock Policies and Procedures Manual entitled "Boards and
Commissions --Replacement of Members" to establish a new procedure for notifying
board members who have violated the City's board and commission attendance policy, a
copy of the Amendment 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 12th day of January, 1995.
/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/ Anna Mosqueda
Anna Mosqueda, Managing Director of
Management Services
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Boards and Commissions --Replacement of Members is filed with
Resolution No. 4708.
Betty Johnson, City Secretary, presented staff comments.
Currently, the board and commission attendance policy requires
the chair of a board or commission to notify the City Secretary in
writing of a need to replace a board or commission member if he or
she has missed three consecutive meetings or more than 50 percent
of meetings over a 12-month period.
This policy amendment requires staff liaisons, rather than board
and commission chairs, to notify the City Secretary about
attendance policy violations. The City Secretary will then notify
the member in writing and ask him/her to make a decision about
whether his/her current schedule will allow continued service as a
board or commission member.
Staff recommended adoption of this amendment.
805
City Council Minutes
January 12, 1995
Page 806
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4708 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(41.) Consider Resolution #4709 approving the Articles of
Incorporation of the "Lubbock Economic Development
Corporation."
RESOLUTION 94709
WHEREAS, Art. 5190.6, Section 4B, V.A.T.S. requires the creation of a
nonprofit corporation to administer the proceeds of sales tax designated for economic
development; and
WHEREAS, the aforementioned statute requires the City of Lubbock to approve
the Articles of Incorporation of such nonprofit corporation; and
WHEREAS, the aforementioned statute further requires that the City of Lubbock
authorize the corporation to act on its behalf to further the public purposes stated in the
Articles of Incorporation; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Articles of Incorporation of the "Lubbock Economic
Development Corporation" attached hereto as Exhibit A are in all things approved by the
City Council and shall be the Articles of Incorporation submitted in triplicate originals to
the Secretary of the State of Texas for issuance of the appropriate certificate.
SECTION 2. THAT the City Council shall review and affirm these Articles and
appoint the board of directors, whose names, addresses and term of office shall be set
forth in these Articles upon the affirmative vote of the voters of the City of Lubbock
authorizing the implementation of an one-half cent sales tax at an election to be held on
January 21, 1995.
SECTION 3. THAT the Corporation above named, upon receipt of its Certificate
of Incorporation, is specifically authorized to act on behalf of the City of Lubbock to
further the public purposes as expressed in the attached Articles of Incorporation
reference to which are hereby made as if fully set forth herein.
806
City Council Minutes
January 12, 1995
Page 807
SECTION 4. THAT this Resolution is passed in triplicate originals.
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business Development
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Articles of Incorporation are filed with Resolution No. 4709.
John Ross, City Attorney, presented staff comments. Section 4 of
Art. 5190.6 requires that the City Council adopt a resolution
approving the creation of a nonprofit corporation and specifying
the public purpose or purposes which the corporation may
undertake on behalf of the unit. Said section goes on to indicate
that no corporation may be formed unless and until the City
Council has adopted a resolution as heretofore mentioned.
The City Attorney has prepared the resolution to comply with
Section 4 of Article 5190.6 wherein the Council approves the
Articles of Incorporation of the Lubbock Economic Development
Corporation and authorizes said corporation to act on behalf of the
City of Lubbock to further the public purposes expressed in the
Articles of Incorporation.
The Articles of Incorporation require the City Council to appoint
the Board of Directors of this proposed corporation.
The Board of Directors would be appointed after the election, and
hence, the resolution would be brought back to the City Council
after the election had been held and the affirmative results are
forthcoming. Staff would ask the City Council to nominate the
directors to be included in the Articles of Incorporation, affirm the
articles containing the names of the directors, and authorize the
City Secretary to submit three (3) originals to the Secretary of State
for filing and securing of a Certificate of Incorporation.
The City Attorney recommended that the City Council pass the
resolution approving the Articles of Incorporation of the Lubbock
Economic Development Corporation authorizing said Corporation
to act on behalf of the City of Lubbock to accomplish the public
purposes as set forth in the Articles of Incorporation.
807
City Council Minutes
January 12, 1995
Page 808
Motion was made by Councilmember Ince, seconded by
Councilmember Cooke to authorize Resolution #4709 with the
following amendments to the articles of incorporation in order to
clear up any ambiguity with regard to the multipurpose arena:
Adding to Article 4, subparagraph C(2): "Prior to undertaking a
project pursuant to subparagraph of this article, the Board shall
secure the approval of the City Council on the following:
1) location of said project
2) employment of professional services for the project
3) approval of the plans and specifications of the
proposed project
4) approval of the cost of such project
Councilmember Windy Sitton called to the public's attention the
fact that the name of the proposed arena is indicated in the
proposed articles of incorporation as "Buddy Holly Special Events
Center" to better describe the full spectrum of events that would be
held in the proposed facility.
Motion carried: 7 Yeas; 0 Nays.
(42.) Consider Resolution #4710 approving the Bylaws of the
"Lubbock Economic Development Corporation."
RESOLUTION #4710
WHEREAS, Art. 5190.6, Section 4B, V.A.T.S. requires the City Council of the
City of Lubbock to approve the Bylaws of the "Lubbock Economic Development
Corporation"; and
WHEREAS, the Lubbock Economic Development Corporation is a corporation to
be created in accordance with the provisions of Sec. 4B of Art. 5190.6, V.A.T.S.; and
WHEREAS, the City Council finds that the Bylaws of the "Lubbock Economic
Development Corporation" attached hereto as Exhibit A are appropriate for the operation
of the corporation to be created; and
WHEREAS, the City Council desires to be of record as to the content of the
Bylaws approved for the operation of the Lubbock Economic Development Corporation;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Bylaws of the "Lubbock Economic Development
Corporation" attached hereto as Exhibit A and made a part hereof for all purposes are
hereby in all things approved by the City Council of the City of Lubbock.
808
City Council Minutes
January 12, 1995
Page 809
SECTION 2. THAT upon approval of these Bylaws by the Board of Directors of
the Lubbock Economic Development Corporation the City Secretary shall bring this
matter back to the City Council for the Council to review and affirm the actions of said
Board.
Passed by the City Council this 12th day of January, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Rod Ellis
Rod Ellis, Director of Business Development
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the Bylaws are filed with Resolution No. 4710.
John Ross, City Attorney, presented staff comments. The City
Attorney prepared a resolution whereby the City Council of the
City of Lubbock approves the Bylaws to govern the operation of
the Lubbock Economic Development Corporation in the event the
voters approve the creation of this corporation at the election to be
held on January 21, 1995.
These Bylaws would also have to be approved by the Board of
Directors of the new Economic Development Corporation, and
hence, Council would need to affirm this action.
The City Attorney recommended that the City Council pass the
resolution approving the Bylaws of the Lubbock Economic
Development Corporation.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Patterson to authorize Resolution #4710 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(43.) Hold an executive session, n accordance with V.T.C.A.
Government Code, Section 551.071 (1)(A), to discuss pending
or contemplated litigation (Water Utilities).
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City Council Minutes
January 12, 1995
Page 810
(44.) 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:
Committee for Women
Firemen's and Policemen's Civil Service Commission
The Lubbock Housing Finance Corporation
Lubbock Libraries Board
Lubbock Municipal Arts Committee
Neighborhood Redevelopment Commission
Park and Recreation Board
Permit & License Appeal Board
(45.) Confirm appointment of Don Tumlinson to the Board of
Electrical Examiners.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Don Tumlinson to the Board of
Electrical Examiners. Motion carried: 7 Yeas; 0 Nays.
(46.) Confirm appointment of J. Robert Massengale to the Board of
Managers of the Lubbock Emergency Communication District.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint J. Robert Massengale to the Board
of Managers of the Lubbock Emergency Communication District.
Motion carried: 7 Yeas; 0 Nays.
(47.) Confirm appointment of Sharon Prather, Sue Aparicio, Bette
Condra, and Velma Medina, and reappointment of Maxine
McCormick and Esmeralda Torres to the Committee for
Women.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Sharon Prather, Sue Aparicio,
Betty Condra and Velma Medina and to reappoint Maxine
McCormick and Esmeralda Torres to the Committee for Women.
Motion carried: 7 Yeas; 0 Nays.
(48.) Confirm reappointment of Buddy Barron and E. Jack Brown
to the Joint Airport Zoning Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Buddy Barron and E. Jack Brown
to the Joint Airport Zoning Board. Motion carried: 7 Yeas; 0 Nays.
City Council Minutes
January 12, 1995
Page 811
(49.) Confirm appointment of Cynthia Leftwich and Eunice Word
and reappointment of Russell Hughes and James Watkins to
the Lubbock Municipal Arts Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Cynthia Leftwich and Eunice
Word and to reappoint Russell Hughes and James Watkins to the
Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; 0
Nays.
(50.) Confirm appointment of Melissa Stell to the Permit and
License Appeal Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Melissa Stell to the Permit and
License Appeal Board. Motion carried: 7 Yeas; 0 Nays.
(51.) Confirm appointment of Jay Matsler to the Public
Responsibility Committee (Lubbock Regional MHMR Center).
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Jay Matsler to the Public
Responsibility Committee (Lubbock Regional MHMR Center).
Motion carried: 7 Yeas; 0 Nays.
(52.) Confirm appointment as alternates of Jose Luis Reyes and
Mike Moss to the Structural Standards Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Jose Luis Reyes and Mike Moses
to the Structural Standards Commission. Motion carried: 7 Yeas;
0 Nays.
811
City Council Minutes
January 12, 1995
Page 812
There being no further business to come before Council, motion was made by
Councilmember Ince, seconded by Councilmember Hernandez to adjourn the meeting at
1:30 p.m. Motion carried: 5 Yeas; 0 N
Councilmember Sitton were absent fror
ATTEST:
Betty N . Johnson, City Secretary
Read and approved this the 26th day of
ATTEST:
Betty M. John n, City Secretary
812