HomeMy WebLinkAboutMinutes - City Council - Regular - 1/26/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 26,1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 26th
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 Pro Tem Randy Neugebauer, Councilmember Victor Hernandez,
Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember
Max L. Ince, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City
Secretary Betty M. Johnson.
Absent: Mayor David R. Langston and Councilmember Alex Cooke.
Mayor Pro Tem Neugebauer called the meeting to order at 10:35 A.M.
( 1.) The Invocation was given by City Secretary Betty M. Johnson.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
Board Appointments.
( 3.) A representative from the Lubbock Arts Alliance appeared to
present the Grants Review Committee recommendations for
the second granting period of 1994.
Kay Brown, Chairperson of the Grants Review Committee,
appeared to present recommendations for the second and final
granting period of 1994. The City of Lubbock contracts with the
Arts Alliance to administer a grants program to promote quality
arts and humanities programs in the City of Lubbock. The 1994
contract allocated $117,643 for hotel/motel taxes for the Lubbock
Arts funding program. For the second and final granting period, a
total of 17 grants requests were received totaling $107,836 in
requested funding. Fourteen of these requests totaling $63,811
were recommended by the Grants Review Committee for full or
partial funding. A list of the programs, the amount requested, and
the amount recommended for funding by the Grants Review
Committee was provided to Council. Also included was a cover
letter from the Arts Alliance outlining the process and the review
criteria used to reviewing all applications submitted.
Council accepted the recommendations.
(4.) Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve the minutes of the January
12, 1995, Regular City Council Meeting as written. Motion
carried: 5 Yeas; 0 Nays.
City Council Minutes
January 26, 1995
Page 46
( 5•) Consider Resolution #4716 authorizing the Mayor to execute
an interlocal agreement for cooperative Purchasing byand
between the City of Lubbock and all future agreements for
cooperative purchasing in substantially the same form
RESOLUTION #4716
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 for
Cooperative Purchasing, attached herewith, by and between the City of Lubbock and the
City of Wolfforth, 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 the 26th day of January, 1995. 26th 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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Interlocal Agreement is filed with Resolution No. 4716.
Victor Kilman, Director of Purchasing, presented staff comments.
The City of Lubbock and the City of Wolfforth desire to cooperate
on selected governmental purchases in order to enjoy greater
economy of scale and thereby reduced prices for certain
commodities used by both governmental entities. The period of
this Interlocal Agreement would be for the balance of the fiscal
year and would thereafter be automatically renewed annually for
each succeeding fiscal year of the City.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4716 for the
Interlocal Agreement with the City of Wolfforth but not for all
future agreements for cooperative purchasing. Motion carried: 5
Yeas; 0 Nays.
City Council Minutes
January 26, 1995
Page 47
( 6.) Consider Resolution 94711 authorizing the Mayor to execute
assignment of a tax abatement agreement executed between the
City of Lubbock and Gary Products, Inc.
RESOLUTION #4711
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 Assignment to transfer
and assign to Industrial Molding Corporation that certain tax abatement agreement dated
March 10, 1994 by and between the City of Lubbock and Gary Products Group, Inc.,
attached hereto, which Assignment 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 the 26th 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 Assignment for Tax Abatement Agreement is filed with Resolution No.
4711.
On March 10, 1994, the City of Lubbock approved a tax abatement
agreement with Gary Products Group, Inc. Gary Products Group,
Inc., constructed a 120,000 square foot manufacturing and
distribution facility in the South Enterprise Zone located at 3101
Southeast Loop 289.
Gary Products Group, Inc., requested that the City Council
authorize an assignment to transfer the tax abatement agreement to
Industrial Molding Corporation. Industrial Molding is planning a
60,000 square foot expansion to the building. The Tax Abatement
Guidelines allow for an assignment of the tax abatement contract.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4711 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
47
City Council Minutes
January 26, 1995
Page 48
(7.) Consider Ordinance 99776 abandoning and closing a portion
of a 15-foot alley located in the Thompson Addition (815 48th).
ORDINANCE 49776
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15
FOOT ALLEY LOCATED IN THOMPSON 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 abandons and closes a 3,158 square feet portion of
an L-shaped alley south of 48th Street and east of I-27 for Crafton
Glass. A new alley containing 2,394 square feet would be
dedicated to replace the alley being closed. Land adjacent to this
property is valued at 19.60 per square foot by the Lubbock Central
Appraisal District. Using this square foot price, the amount due
the City is $149.74. The utility companies are in agreement with
this closure and the plat has been submitted.
The Right -of -Way Department recommended the approval of the
first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on first reading Ordinance 49776 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
( 8.) Consider Ordinance #9777 authorizing the removal of the
traffic signal at 15th Street and Avenue H.
ORDINANCE #9777
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A
TRAFFIC SIGNAL AT 15TH STREET AND AVENUE H AND AUTHORIZING THE
REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
Jere Hart, City Traffic Engineer, presented staff comments. The
traffic signal at 15th Street and Avenue H no longer meets the
warrants for signalization. Studies have been completed and input
was requested from adjacent property owners and businesses in the
area. The Citizens Traffic Commission recommended the removal
of the signal at the January 10, 1995, meeting.
Staff recommended approval of the ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9777 as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
City Council Minutes
January 26, 1995
Page 49
( 9.) Consider Resolution 44717 amending budget to change
number of positions in three Civil Service categories.
RESOLUTION #4717
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, Section 7-34 of the Lubbock Code of Ordinances requires that the
number of positions in each classification be shown by the annual budget of the City; 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 in keeping with the City Council's directive to insure that all resources are
allocated in a fiscally responsible manner to insure maximum services delivery to the
citizens of Lubbock; and
WHEREAS, the City Council deems it advisable to change the budget for
municipal purposes; 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 changes to the City of Lubbock Budget for municipal
purposes as follows:
Within the Police Department change the number of positions in three (3)
Civil Services Categories. Increase by three (3) the number of police
officer positions and decrease by the same amount, three (3), the number
of positions in two (2) supervisry categories.
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.
Passed by the City Council this the 26th day of January, 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Director of Management
Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
/s David R. Langston
DAVID R. LANGSTON, MAYOR
we
City Council Minutes
January 26, 1995
Page 50
Ken Walker, Chief of Police, presented staff comments. In order to
address the increasing number of calls for service in a fiscally
responsible manner, the Police Department is continuing to look at
all aspects of the organization. Staff requested approval to shift the
number of positions in three Civil Service classifications.
The proposed resolution changes the City budget to reflect an
increase of three in the number of police (patrol) officer positions
and reduces by the same amount the number of mid -level
management (supervisory) positions. This reduction in the number
of mid -level management positions would change the patrol officer
to sergeant ratio from 5.4 officers per sergeant to 6.07 officers per
sergeant. This slight change would have little effect on the amount
of supervisions provided to patrol officers.
Staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #4717 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(10.) BID #13066--Radio Tower and Equipment Shelter, and
authorize same (,Water Utilities)
RESOLUTION 94712
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 Western Towers of San Angelo,
Texas to furnish and install all materials as bid for the Radio Tower and Equipment
Shelter 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 the 26th day of January, 1995.
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
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
50
City Council Minutes
January 26, 1995
Page 51
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 26th 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 W. L. Anderson, Inc. Dba Western Towers of the City of San Angelo,
County of Tom Green, 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. 13066--Radio Tower and Equipment Shelter (Water Utilities) in the amount of
$80,383.00
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/ Robert Ayerdis
ATTEST:
/s/ M. Anderson
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
W. L. Anderson, Inc. Dba Western Towers
CONTRACTOR
By: /s/ W. L. Anderson
TITLE: President
Western Towers
P.O. Box 2040
San Angelo, Texas 76902
51
City Council Minutes
January 26, 1995
Page 52
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4712 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(11.) BID #13067--Steam Turbine Replacement Parts (Electric
Production).
IMO Industries, Inc. --Total Bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(12.) BID #13126--1993 Paving Assessment and Helen Hodge
Parking Lot, and authorize same (Street
Drainage/Engineering).
RESOLUTION #4713
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 Hub City Pavers of Lubbock, Texas,
to furnish and install all materials as bid for the 1993 Paving Assessment and Helen
Hodges Parking Lot 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 the 26th day of January, 1995.
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
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
52
City Council Minutes
January 26, 1995
Page 53
CONTRACT
STATE OF TEXAS 6
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th 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 Hub City Pavers, 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. 13126--1993 Paving Assessment Program and Helen Hodges Parking Lot in
the amount of $85,555.75
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/ Lard D. Hertel
ATTEST:
/s/ Rita Rawls
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Hub City Pavers, Inc.
CONTRACTOR
By: /s/ Glen A. Sarton
TITLE: President
COMPLETE ADDRESS: Hub City Pavers, Inc.
4214 50th, Suite B
Lubbock, Texas 79413
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4713 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
53
City Council Minutes
January 26, 1995
Page 54
(13.) BID 413128--5,000 Lb Capacity Forklift (Civic Center).
Western Clarklift and Supply, Inc.--1 ea. 5,000 Lb. Capacity
Forklift.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(14.) BID #13129--Frankford Avenue Reconstruction - 66th to 82nd
Street, and authorize same (Street Drainage/Engineering)
RESOLUTION #4714
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOT 1, FRANKFORD BUSINESS PARK ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lot 1, Frankford Business Park Addition to the City
of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $64,876.56, with the
improvements constructed by Utility Contractors of America having a value of
$59,165.00, as determined by the unit prices established by said Chapter 28 and
$5,711.56 cash paid to the City, which amount includes $3,362.85 cash for adjacent lines
with Lubbock Development, Inc., the developer, to receive a refund of $54,833.33 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $54,833.33 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
54
City Council Minutes
January 26, 1995
Page 55
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 the 26th 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. MurRhv
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard
Assistant City Attorney
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 26th 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 & 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. 13129--Frankford Avenue Reconstruction 66th Street to 82nd Street in the
amount of $1,069,189.80
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.
55
City Council Minutes
January 26, 1995
Page 56
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT
/s/ Larry D. Hertel
ATTEST:
/S/ Betty Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan sg ton
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Williams & Peters Construction Co., Inc.
CONTRACTOR
By: /s/ Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction Co., Inc.
P.O. Box 3907
Lubbock, Texas 79452
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4714 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
56
City Council Minutes
January 26, 1995
Page 57
(15.) BID 913130--ADA Compliance - Elevators, and authorize same
(Building Services).
RESOLUTION #4715
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 Schlinder Elevator Corporation of
Dallas, Texas, to furnish and install all materials as bid for the ADA Compliance -
Elevators 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 the 26th 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/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS 6
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 26th 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 Schindler Elevator Corporation of the City of Dallas, County of
Dallas, 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. 13130--ADA Compliance - Elevators in the amount of $47,379.00
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.
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City Council Minutes
January 26, 1995
Page 58
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Schindler Elevator Corporation
8650 King George Drive
Dallas, Texas 75235-2281
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City Council Minutes
January 26, 1995
Page 59
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4715 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(16.) ORDINANCE #9774--Zone Case #2161-E--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 (south of 82nd Street and east
of Elkridge Avenue).
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 PUBLICATON.
Councilmember Patterson presided over the meeting. Motion was
made by Councilmember Hernandez, seconded by Councilmember
Sitton to pass on second and final reading Ordinance #9774 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor
Pro Tern Neugebauer recused and excused himself from any
discussion and voting.
(17.) ORDINANCE #9775--Abandoning and closing three drainage
easements located in Section 27, Block E-2 (7101 Chicago
Avenue).
ORDINANCE #9775
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.
Councilmember Patterson presided over the meeting. Motion was
made by Councilmember Hernandez, seconded by Councilmember
Sitton to pass on second and final reading Ordinance #9775 as
recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor
Pro Tern Neugebauer recused and excused himself from any
discussion and voting.
(18.) Zone Case 41721-B (5211 29th Street and 5212 30th Street) --
Hold a public hearing to consider appeal of Lloyd Headrick for
a zoning change from R-1 to GO Specific Use and R-1 Specific
Use on the west 70 feet of Lot 203 and the west 70 feet of Lot
202, Midway Park Addition, and consider ordinance.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to continue Zone Case #1721-B to the
February 9, 1995, City Council Meeting. Motion carried: 5 Yeas;
0 Nays.
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January 26, 1995
Page 60
(19.) Zone Case 41807-A (411 Avenue R)--Hold a public hearing to
consider request of Alton L. Abbott, Jr., for a zoning change
from R-3 to C-4 (for trailer sales) on Lots 9-13 Block 106,
Overton Addition, and consider ordinance
ORDINANCE #9778
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1807-C; A ZONING CHANGE FROM R-3 TO C-4
ZONING ON LOTS 9-13, BLOCK 106, OVERTON ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIIDNG A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Neugebauer opened the public hearing at 10:59
a.m.
Request was made by Alton L. Abbott, Jr., for a zone change from
R-3 to C-4. No one appeared in opposition. Mayor Pro Tern
Neugebauer closed the hearing at 11:00 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land uses as follows:
North - used car lot
South - residential
East - Abbott Trailer Sales
West - residential, apartments
The parcel is eligible as commercial within the guidelines of the
Comprehensive Land Use Plan, with the conditions as stated. The
staff proposed consideration of approving the C-4 request limited
to the RV trailer sales on all the lots and the possibility of used cars
on the north two lots and C-2 permitted uses otherwise. In
addition, the staff emphasized the necessity for a solid screening
fence along both 5th and Avenue R when the business expands.
The Planning Commission recommended this request subject to the
following conditions:
trailer sales and service;
used car sales on Lots 12 and 13 only;
all unconditionally permitted C-2 uses.
The staff supported the recommendation of the Planning and
Zoning Commission.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance #9778
with conditions recommended by P&Z and City staff. Motion
carried: 5 Yeas; 0 Nays.
is
City Council Minutes
January 26, 1995
Page 61
(20.) Zone Case No. 2748 (southwest corner of 68th Street and Slide
Road) --Hold a public hearing to consider request of Kimley-
Horn and Associates (for The Seitz Group) for a zoning change
from R-1 to C-3 (for retail and a restaurant) on a tract out of
Section 27, Block E-2, and consider ordinance.
ORDINANCE #9779
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2748; A ZONING CHANGE FROM R-1 TO C-3
ZONING ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Pro Tern Neugebauer opened the public hearing at 11:05
a.m.
Bernie Gradel, Jr., appeared on behalf of The Seitz Group to
present this request for zone change from R-1 to C-3. No one
appeared in opposition. Mayor Pro Tern Neugebauer closed the
hearing at 11:07 a.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land uses as follows:
North - commercial
South - commercial
East - commercial
West - commercial
The request is consistent with Comprehensive Land Use Plan and
zoning policy.
The staff requested approval tied to the site plan indicating no
additional curb cuts on Slide or 69th. The master site plan of the
shopping center provides cross -access entrance drives from all
three adjacent streets.
The Planning Commission recommended this request subject to the
following condition:
Tied to site plan 2748 as presented to the Planning and
Zoning Commission and signed by the Chairman on
January 5, 1995.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to pass on first reading Ordinance 49779
with the condition recommended by P&Z and City staff. Motion
carried: 5 Yeas; 0 Nays.
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January 26, 1995
Page 62
(21.) Consider a resolution authorizing local matching funds for a
portion of the proposed 82nd Street reconstruction and
widening project from Frankford Avenue to U.S. 62/82
Larry Hoffinan, Director of Transportation, presented staff
comments. During the past meetings of the Policy Advisory
Committee, discussions pertaining to the necessity of widening
82nd Street from Frankford Avenue to U.S. 62/82 have taken
place. Staff developed a petition for the City of Lubbock in
cooperation with Lubbock County, Senator John Montford's
Office, Frenship Independent School District, the City of
Wolfforth and the Lubbock Chamber of Commerce to make an
appearance before the Texas Transportation Commission on March
30, 1995, requesting Commission Strategic Priority Funds to
construct 82nd Street from Frankford Avenue to U.S. 62/82 as a
seven -lane facility. A second request to the Commission is to ask
that TxDOT add 82nd Street from Slide Road (F.M. 1730) to U.S.
62/82 to the State highway system.
Approximately one mile (Frankford Avenue to 660 feet west of
Milwaukee Avenue) of this proposed construction lies within the
city limits and the remaining distance belongs to Lubbock County.
The Committee, in hopes of a favorable vote by the Transportation
Commission, agreed that the local jurisdictions should offer some
matching funds for the construction of the project. The total funds
necessary for this project are as follows:
Right of Way/Utility Relocation $106,000
Construction 4,248,000
Engineering 296,000
Environmental Mitigation
Total $4,650,000
The proposed local participation in the project is:
Line Item Lubbock County City of Lubbock
Right of Way/Utilities
Construction
Engineering
Environmental
Mitigation
Total
$96,000 $10,000
$566,400 $283,200
$39,500 $19,800
$0.00 $0.00
5701,900 $313,000
Staff proposed that the City's portion of the match come from the
capital bond funds for "Local Match for Federal Funds." Funds in
the amount of $750,000 are available from this source.
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City Council Minutes
January 26, 1995
Page 63
To further enhance the chance of receiving the federal funds, the
City agreed to continue maintenance on the one -mile portion of the
roadway between Slide Road and Frankford Avenue if added to the
state highway system.
This project ranked third in priority in the Lubbock Metropolitan
Transportation Plan: 2015, adopted by the Policy Advisory
Committee on December 14, 1994, and there are not enough
federal funds coming to the District Office of TxDOT to fund a
project of this size. If additional funds are approved by the
Transportation Commission, staff could construct a facility that
would connect the southwest portion of Lubbock with the City of
Wolfforth and would provide a better facility for the students
attending the Frenship schools.
Staff recommended approval of the resolution.
Motion was made by Councilmember Patterson to authorize this
resolution as recommended by staff. Motion died for lack of a
second.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to continue this item until the February 9,
1995 City Council Meeting. Motion carried: 4 Yeas; 1 Nay--
Councilmember Victor Hernandez.
(22.) Consider a resolution authorizing the Mayor to sign an option
contract and memorandum of option with the Housing
Authority of the City of Lubbock (410 4th).
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton not to sign the option contract. Motion
carried: 5 Yeas; 0 Nays.
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City Council Minutes
January 26, 1995
Page 64
(23.) Consider Resolution 94718 authorizing the Mayor to execute a
contract with the Texas Department of Health providing
funding for HIV/AIDS Surveillance
RESOLUTION #4718
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, attached
herewith, by and between the City of Lubbock and the Texas Department of Health for
public health services, 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 the 26th 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, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the contract is filed with Resolution No. 4718.
Doug Goodman, Director of Community Development and
Neighborhood Initiatives, presented staff comments. On October
20, 1994, the City Council approved Resolution #4644, a contract
with the Texas Department of Health, to provide Public Health
Services. As a part of this contract, Attachment 04 funded HIV
and AIDS surveillance and reporting activities for July 1 through
December 31, 1994.
The current contract renews this attachment for one year (January
through December 31, 1995). This program is fully TDH funded;
the $35,398 includes costs for personnel salary and fringe benefits,
supplies, training and travel. There are no associated costs to the
City.
City Council Minutes
January 26, 1995
Page 65
HIV and AIDS are believed to be greatly under reported in
Lubbock. Reporting these conditions is important in identifying
community needs and in obtaining funding for other health care
providers. The initial grant application was submitted in response
to a request made by the Texas Department of Health. This
agreement is in keeping with the Council directives to avoid
duplication of services and to cooperate with other Lubbock health
care providers. The proposed resolution would enable continuation
of needed services, while incurring no costs to the City of Lubbock
Health Department.
The Health and Community Services staff recommended approval
of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Ince to authorize Resolution #4718 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(24.) Consider Resolution #4719 authorizing the Mayor to execute a
contract with the Texas Department of Health providing
funding for HIV Early Intervention Clinical Services
RESOLUTION #4719
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 amended Contract,
— attached herewith, by and between the City of Lubbock and the Texas Department of
Health providing funding for the HIV Early Intervention Clinic, and any associated
documents, which Contract shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this the 26th 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, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the contract is filed with Resolution No. 4719.
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City Council Minutes
January 26, 1995
Page 66
Doug Goodman, Director of Community Development and
Neighborhood Initiatives, presented staff comments. This
resolution provides $47,194 for contractual services and supplies
for La Clinica de Buena Salud (The Good Health Clinic) to provide
medical and social services for individuals who are HIV positive.
In December 1993, the City Council approved an agreement
between the Health Department and the University Medical Center
laboratory to continue the clinical services that had previously been
funded by a Public Health Services Title III grant. The grantor,
Guadalupe Economic Services Corporation, was denied
continuation funding in November 1993.
Both the Health Department and UMC have utilized their
respective resources to continue services. This clinic is designed to
keep individuals who are HIV positive healthy, employed, and
receiving medical care in a clinic setting, rather than in the
hospital.
Approval of this grant would result in cost avoidance for the City
of $18,368, reflecting six months expenditures for professional
providers and supplies. In addition, UMC would receive $28,826
reimbursement for laboratory services that they are currently
supplying at no cost.
The proposed resolution would enable continuation of needed
services, while reducing costs for the City of Lubbock Health
Department. The Health and Community Services staff
recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4719 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
City Council Minutes
January 26, 1995
Page 67
(25.) Consider Resolution #4720 authorizing the Mayor to execute
an Agreement with Presbyterian Clinic to fund the salary and
fringe benefits for a 0.4 full time equivalent Licensed
Vocational Nurse (already employed by the Health
Departmentl.
RESOLUTION #4720
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, attached
herewith, by and between the City of Lubbock and the Presbyterian Clinic, Inc. to fund a
0.4 full time equivalent position for the services of a Licensed Vocational Nurse, 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 the 26th 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, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the agreement is filed with Resolution No. 4720..
Doug Goodman, Director of Community Development and
Neighborhood Initiatives, presented staff comments. Presbyterian
Clinic, as a member of the Community Health Center of Lubbock,
has grant funding the Bureau of Primary Health to provide health
care services for homeless individuals. This funding includes
salary and fringe benefits for a 0.4 full time equivalent (16 hours
per week) Licensed Vocational Nurse. The LVN would assist a
Family Nurse Practitioner by conducting interviews and
performing other clinical activities for individuals who qualify for
this grant -funded program.
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City Council Minutes
January 26, 1995
Page 68
The City of Lubbock Health Department employs four LVNs, one
of whom has previous experience in a homeless health clinic. By
mutual agreement, the Health Department and Presbyterian Clinic
are able to utilize her services in the best interests of their
respective clinical programs. Furthermore, the agreement
stipulates that the Health Department is to be held harmless from
any problems that might arise from operating the clinic. This
agreement can be terminated by either parry with 30 days notice,
and is contingent upon on -going grant funding.
The agreement provides payment by Presbyterian Clinic to the City
of Lubbock Health Department for salary and fringe benefits for an
existing City employee. This would result in cost avoidance by the
City of $8,809 during the course of a year. This agreement is also
in keeping with the Council directives to avoid duplication of
services and to cooperate with other Lubbock health care
providers.
The Health and Community Services Division staff recommended
approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4720 as
recommended by staff. Motion carried: 5 Yeas; 1 Nay--
Councilmember Hernandez.
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City Council Minutes
January 26, 1995
Page 69
(26.) Consider Resolution 94721 authorizing the City Manager to
approve an application for a state administered, federally
funded grant for the continuation of the South Plains Regional
Narcotics Task Force.
RESOLUTION #4721
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Application and
related documents for State and Federal Assistance for the South Plains Regional
Narcotics Task Force and that the City Council hereby agrees to a cash match of
$86,997.00 from the City to fund 25% of the Project, as required by the State of Texas in
order to be eligible to receive such State and Federal Assistance.
Passed by the City Council this the 26th 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/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 4721.
Ken Walker, Chief of Police, presented staff comments. The grant
application is being made in conjunction with the Governor's Anti -
Drug Abuse Program. The 52 law enforcement agencies
represented in the South Plains region cover some 10,000 square
miles and are responsible to approximately 340,000 people located
in 11 counties. Narcotic trafficking on the South Plains should be
considered multi jurisdictional with the success of each individual
law enforcement agency in its operation having a direct effect on
criminal activity in neighboring jurisdictions. Illegal narcotic
trafficking is a regional program requiring regional coordination.
_ The South Plains Regional Narcotics Task Force currently consists
of six Lubbock Police Officers. Two of these officers work in
conjunction with other agencies throughout the region on gang
narcotics activity. While these officers work on gang related
narcotics activity, their duties are not limited to this function.
They would also assist the remaining four members of the Task
Force who concentrate on general narcotic activity within the
South Plains Region. Further, the Task Force would maintain an
effective communications network with local jurisdictions
City Council Minutes
January 26, 1995
Page 70
concerning criminal violator activity. This approach would be
promoted by an effective coordination of enforcement priorities
and an efficient violator apprehension program working closely
with the Drug Enforcement Administration, Department of Public
Safety, and County and City law enforcement agencies. The unit
would also lend investigative support to location jurisdictions.
Awards for the grant have been set for June 1, 1995. The total
request for funding is $347,985 with the City's contribution being
$86,997. This is the required 25% match for the total grant and
would come from our seized asset funds. To assure compliance
with the requirements of the program, each participating agency
must sign an Interlocal Agreement with the City of Lubbock.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4721 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(27.) Consider Resolution #4722 accepting the dedication of a publi
nark in Regal Park Addition.
RESOLUTION #4722
WHEREAS, in July 1992, representatives of the Lubbock Land Company and the
Parks and Recreation Department of the City of Lubbock discussed the feasibility of the
development by the Company of a 2'/2-acre park in an area known as the Regal Park
Addition to the City of Lubbock; and
WHEREAS, the City Council of the City in Resolution No. 4217 agreed to accept
and maintain as public park property the land and improvements to the 2%2-acre tract
when developed and dedicated by Lubbock Land Company; and
WHEREAS, Lubbock Land Company has now developed the above -described
property and wishes to dedicate the same as public park property; NOW THEREFORE:
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City Council Minutes
January 26, 1995
Page 71
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Council hereby agrees to accept and maintain as public park property
from Lubbock Land Company, general partner for Lubbock Land Company, One Ltd.,
the real property described as Tract "A", Regal Park, an addition to the City of Lubbock,
Lubbock County, Texas, in accordance with the terms and conditions of the instrument of
dedication attached hereto and incorporated herein by reference as part of this Resolution.
Passed by the City Council this the 26th 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/ Rusty Black
Rusty Black, Superintendent of Parks
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Dedication of Public Park and Release of Lien is filed with Resolution No.
4722.
Mayor Langston presided over the meeting as this time.
Rusty Black, Parks Manager, presented staff comments. In July
1992, staff from the Parks Department entertained discussions with
representatives from the Lubbock Land Company concerning the
possibility of Lubbock Land Company developing approximately
2-1/2 acres within a 50 acre residential development known as
Regal Park located at the southwest corner of 82nd Street and
Frankford Avenue. Lubbock Land Company proposed to develop
a park site with improvements and then deed the parcel to the City
as a park. Proposed improvements included a jogging track,
shelter, landscaping, irrigation system, park benches and security
lighting. In addition, Lubbock Land Company would maintain the
site for one year. The 1991 Park Development Plan identified a
deficiency of park land in this area of the City and the proposed
park would provide opportunities for leisure activities for future
residents of the area at no cost for land or improvements.
The Park Board endorsed the concept and forwarded the matter to
the City Council for consideration. On August 12, 1993, the City
Council passed Resolution #4217 which agreed to accepting and
maintaining a 2-1/2 acre site in the Regal Park Addition as a public
park. This was based on proposed improvements on the park site
being completed, the site maintained by Lubbock Land Company
for one year, and then the site being dedicated as park property by
the Lubbock Land Company.
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City Council Minutes
January 26, 1995
Page 72
Lubbock Land Company has completed improvements on the site
which include a jogging track, shelter, landscaping, irrigation
system, benches and security lighting, and they have maintained
the site. Estimated costs for property, development and
maintenance exceed $250,000.
The area has been developed and maintained in accordance with
the resolution previously approved by the City Council and all
conditions have been fulfilled. A deed of dedication dedicating the
site as a public park has been prepared by Lubbock Land
Company; therefore, it is staffs recommendation that the property
be accepted by the City of Lubbock as a dedicated park.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #4722 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor
Pro Tem Neugebauer recused and excused himself from any
discussion and voting.
(28.) Consider a resolution consenting to the proposed purchase of
underground water rights and construction of associated
conveyance facilities as described and authorized in Resolution
No 0194-11A of the Board of Directors of the Canadian River
Municipal Water Authority.
Terry Ellerbrook, Director of Water Utilities, and John Williams,
CRMWA General Manager, presented comments. In 1992 the
Canadian River Municipal Water Authority (CRMWA) Board of
Directors began evaluating the feasibility of acquiring ground
water supplies in the Northern Panhandle to supplement allocations
from the Lake Meredith reservoir and for blending in order to
enhance water quality. This study was prompted primarily by the
interest of Amarillo and Lubbock in using ground water available
in this area to improve the quality and increase the quantity of
water deliverable to member cities. The CRMWA Board
authorized the engineering firms of Parkhill, Smith and Cooper
(PSC) of Lubbock and Lee Wilson of Santa Fe, New Mexico, to
conduct this feasibility study. On May 13, 1993, the City staff and
a representative of PSC presented to the City Council an overview
of this engineering investigation, along with cost estimates to
purchase water rights, construct necessary wells and pipelines, and
to operate the system. Following a discussion of this item, the City
Council passed a resolution pledging its support for this project
and urging the CRMWA and SPS Company to reach an agreement
on the sale or lease of underground water rights owned by SPS in
Roberts County for blending with water from Lake Meredith.
Approval of the resolution would commit the City of Lubbock to
ground water blending project. The total project is now estimated
to cost approximately $76,500,000, of which Lubbock's share
would be about $28,800,000 (based primarily on Lubbock's
allocated share of water from the reservoir). Lubbock's share of
the water rights acquisition would be approximately $5.6 million.
It is estimated that a water rate increase of approximately 15
percent (over a 2-year period) would be necessary to finance these
acquisitions and improvements.
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City Council Minutes
January 26, 1995
Page 73
It was consensus of Council to continue this item until the
February 9, 1995, City Council Meeting.
(29.) Consider Resolution #4723 canvassing the returns and
declaring the results of the 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 and the
adoption of an additional sales and use tax within the City of
Lubbock at the rate of one -eighth (1/8) of one percent to be
used to reduce the property tax rate.
RESOLUTION #4723
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE
RESULT OF THE SPECIAL CITY ELECTION HELD 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; AND 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.
BE IT REMEMBERED THAT on the 26th day of January, 1995, the City
Council of the City of Lubbock met at 10:00 a.m. at the regular meeting place of the City
Council in the City of Lubbock Municipal Building with the following members present,
to -wit:
Mayor David R. Langston Councilmember Windy Sitton
Mayor Pro Tem Randy Neugebauer Councilmember Max L. Ince
Councilmember Victor Hernandez Councilmember T. J. Patterson
On motion of Mayor Pro Tem Randy Neugebauer, seconded by Councilmember T. J.
Patterson, it is unanimously carried that the returns of the Special City Election held on
January 21, 1995, pursuant to Section 4B of Article 5190.6, V.A.C.S., and Chapter 321,
Tax Code, be opened and canvassed, and the results of the election declared therefrom;
and said returns having been duly canvassed, it is found that the votes on the propositions
are as follows:
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City Council Minutes
January 26, 1995
Page 74
PROPOSITION
PROPOSITION NO. 1
"THE ADOPTION OF A SALES AND
USE TAX FOR ECONOMIC DEVELOP-
MENT, INCLUDING THE PURCHASE OF
LAND, THE CONSTRUCTION, MAIN-
TENANCE AND OPERATION COSTS OF A
MUNICIPALLY OWNED MULTIPURPOSE
FACILITY TO BE USED FOR SPORTS,
ATHLETIC, ENTERTAINMENT, TOURIST
AND CONVENTION PURPOSES AND
ACTIVITIES AT THE RATE OF THREE -
EIGHTHS (3/8) OF ONE PERCENT."
PROPOSITION NO.2
VOTES RECEIVED
FOR:
14,816
AGAINST:
15,545
TOTAL VOTES CAST:
30,361
"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."
FOR: 16,907
AGAINST: 12,944
TOTAL VOTES CAST: 29,851
And it further appearing that said election was duly held as provided by law; NOW
THEREFORE:
IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL
OF THE CITY OF LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock voting in said
Special Election are against (for or against) Proposition No. 1 pertaining to the adoption
of a sales and use tax for economic development, including 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 at the rate of three -
eighths (3/8) of one percent; and
THAT a majority of the voters voting in said Special Election are for (for or
against) Proposition No. 2 pertaining to 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.
PASSED, APPROVED AND ADOPTED ON MOTION OF Mayor Pro Tern
Neugebauer, SECONDED BY Councilmember Patterson, THIS 26TH DAY OF
JANUARY, 1995, BY THE FOLLOWING VOTED:
74
City Council Minutes
January 26, 1995
Page 75
COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NAY:
Mayor David R. Langston None
Mayor Pro Tem Randy Neugebauer
Councilmember Victor Hernandez
Councilmember T. J. Patterson
Councilmember Windy Sitton
Councilmember Max L. Ince
/s/ David R. Langston
D R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
Betty Johnson, City Secretary, presented staff comments. The City
Council received official tabulation sheets produced on election
night at the Central Counting Station, Lubbock County
Courthouse. These tabulation sheets showed by precinct the
number of votes cast as well as the number of over votes and under
votes in each precinct. An over vote occurs when the voter casts
votes both for and against a single proposition, in which case
neither vote is counted; an under vote occurs when the voter does
not cast a vote either for or against a single proposition.
The resolution reflected that a majority of the voters voted against
the passage of an additional three -eighths (3/8) of one percent sales
and use tax for economic development and for an additional one -
eighth (1/8) of one percent sales and use tax for reduction of the
property tax rate.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Patterson to authorize Resolution #4723 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(30.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074 (a)(1), to discuss personnel
matters (Cif Attorney and City Manager).
(31.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071 (1)(A), to discuss pending
or contemplated litigation (Community Development,
Environmental Inspection Services, and Water Utilities).
75
City Council Minutes
January 26, 1995
Page 76
(32•) Hold an executive session in accordance with V.T.C.A.
Government Code, Section 551 072, to discuss purchase,
exchange, lease, or value of real property (Right -of Wax)
(33.) 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 Municipal Arts Committee
Park and Recreation Board
Permit and License Appeal Board
There being no further business to come afore Counci , it was the consensus of Council
to adjourn the meeting at 3:05 p.m. �---�
ATTEST:
(�� k), ai�
Betty M.Johnson, ity Secretary
Read and approved this the 9th day of F
ATTEST:
Betty V.JohnscUi, City Secretary
AVID R. LAN(Y5TON. MA )YOR
KO