HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 23, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 23rd
day of March 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 10:30 A.M.
( L) The Invocation was given by City Attorney John C. Ross, Jr.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Board Appointments.
(4.) Motion was made by Mayor Pro Tem Neugebauer, seconded
by Councilmember Ince to approve the minutes of the March
9, 1995, Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
( 5.) ORDINANCE #9786--Amending Sections 24-64, 24-66, 24-71
of the Code of Ordinances relating to assigning the appropriate
city official to regulate sidewalk nuisances and street
barricades.
ORDINANCE 99786
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
APPROPRIATE CITY OFFICIAL TO REGULATE DEFECTIVE SIDEWALKS,
DRIVEWAYS, ETC., AND TO APPROVE BARRICADING OF CONSTRUCTION IN
PUBLIC RIGHT OF WAY; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to pass on second and final reading
Ordinance 99786 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
City Council Minutes
March 23, 1995
Page 192
( 6.) Ordinance #9780--Abandoning and closing a portion of a
20-foot utility easement located adjacent to Lot 1, Conover
Addition (6808 Slide Road).
ORDINANCE #9780
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-
FOOT UTILITY EASEMENT LOCATED ADJACENT TO LOT 1, CONOVER
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 Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9780 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 7.) 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 Street).
ORDINANCE #9771
AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF A
DRAINAGE EASEMENT AND ONE PORTION 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; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9771 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 8.) Consider Ordinance 99787 abandoning and closing a 15-foot
alley located in Block 37, Suburban Homes Addition to the
City of Lubbock (110 50th Street)
ORDINANCE 49787
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN
ALLEY LOCATED IN BLOCK 37, SUBURBAN HOMES 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.
192
City Council Minutes
March 23, 1995
Page 193
This ordinance abandons and closes a 15-foot by 630-foot
east -west alley located north of 50th Street and west of Avenue A.
Town and Country Food Stores requested that this alley area be
closed for replatting purposes. The area being closed contains
9,452.52 sq. ft. The Right -of -Way Department has appraised this
area at 20¢ per sq. ft. from Appraisal District values and recent
sales in this area. The City will receive $1,890.50 for this alley
area being closed. All utilities are in agreement and the final plat
has been turned in.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to pass on first reading Ordinance #9787 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
( 9.) Consider Resolution 94777 declaring the intent to reimburse
expenses related to the construction of an air cargo ramp with
proceeds from a future bond sale.
RESOLUTION 44777
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
STATE OF TEXAS
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for Air
Cargo Ramp construction in and for said City (the "Project"), and further intends to make
certain capital expenditures with respect to the Project and currently desires and expects
to reimburse such capital expenditures with proceeds of such debt;
WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its
expectation to make such reimbursement; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital
expenditures with proceeds of tax-exempt obligations.
193
City Council Minutes
March 23, 1995
Page 194
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with
respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that
this resolution shall constitute a declaration of official intent under the Regulation. The
maximum principal amount of obligations expected to be issued for the Project is
$900,000.
Dated: March 23, 1995
Passed by the City Council this 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Be11y M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Hindman
Mark Hindman, Director of Support Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
This resolution provides for the reimbursement of the remaining
funding needed for the Air Cargo Ramp Project. This will allow
the award of the bid and the project to proceed pending the sale of
Certificates of Obligation (CO). CO's are used to finance this
project with previous certificates issued totaling $2,725,000. This
resolution will provide funding for an additional $900,000 that will
later be issued in Certificates of Obligation.
The Certificates of Obligation for this project are being retired
through the collection of passenger facility charges previously
authorized and approved for collection and use for this project.
The original approval for this project totaled $4.6 million. Due to
favorable bids the project cost is now estimated at $3,625,000.
Staff recommended the approval of this resolution.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4777 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
194
City Council Minutes
March 23, 1995
Page 195
(10.) Consider Resolution #4778 authorizing the Mayor to execute a
ramp use agreement with Federal Express Corporation
RESOLUTION #4778
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 Ramp Area Use
Agreement with Federal Express Corporation, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Newsome
Jim Newsome, A.A.E., Interim Director of
Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Ramp Area Use Agreement between the City of Lubbock and Federal
Express Corporation, is filed with Resolution No. 4778.
This agreement will represent a commitment for the second
installment of the air cargo complex on the west side of the airfield
at Lubbock International Airport.
The air cargo complex is a public -private venture with the airport
providing the air side improvements (taxiway and ramp) and land
side infrastructure. Airborne Express has already completed their
new facility in the cargo complex via a third party developer
(Midway Construction). Federal Express has hired Wes Hallmark,
a local broker, to act as their agent to construct the new facility.
The staff has begun negotiations with Hallmark on a ground lease
for the facility.
195
City Council Minutes
March 23, 1995
Page 196
Staff bid the job with Airborne as a base and the Federal Express
portion as an additive alternate. Those bids closed on January 19,
1995, with C.B. Thompson of Lubbock as the apparent low bidder.
The base bid was $2,136,275 with the additive alternate being
$1,033,093, for a total bid of $3,169,368. With engineering added,
the total project is set at $3,600,000, a figure well under our bond
allotment of $4.6 million. The importance of the bid is that the
additive alternate (Federal Express) is twice the size of the
Airborne portion for only an additional million dollars.
At their February meeting, the Airport Board approved the
agreement pending no substantial changes by Federal Express.
The agreement was presented to the Board as a standard ramp use
agreement similar to the one executed with Airborne. It is written
for an initial term of 10 years with two 5-year extensions. The
terms are based on the standard $0.24 per square foot per year rate
for ramp space, which will produce $38,016 annually on 158,400
square feet of ramp area. It also contains the Consumer Price
Index Adjustment and provides landing fees at 125 percent of what
the certificated passenger air transportation companies pay.
The combined monthly rent from both ramps is estimated at
$5,500 per month.
Staff recommended that Council approve this agreement.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4778 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Consider Ordinance 99788 authorizing Deferred Payment
through a time payment contract for Iglesia Bautista El Pueblo
de Dios Unido for sewer pro rata payments.
ORDINANCE #9788
AN ORDINANCE PROVIDING FOR DEFERRED PAYMENT OF WATER
PRO RATA CHARGES BY IGLESIA BAUTISTA EL PUEBLO DE DIOS UNIDO IN
THE CARLISLE AREA IN THE SAME MANNER AS IS PROVIDED FOR OWNERS
OF SINGLE FAMILY RESIDENCES BY SECTION 28-164 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE.
The Iglesia Bautista El Pueblo de Dios Unido (2211 Urbana Place)
has requested that their pro rata payment be given special
consideration to be placed on a time payment contract. The current
ordinance (Sec. 28-164 Deferred Payments) provides for a time
payment contract if the property is an owner -occupied,
single-family residence.
Currently water is being provided by a private well water system,
and is scheduled to be shut off in the very near future. Costs
associated with this project are paving repairs totaling $1052,
meter set of $290 and pro rata fees of $918. All costs except for
the pro rata fee will be paid up front. Time payment contracts
require a 15 percent down payment with the remaining amount to
be paid out within 36 months at 6 percent interest.
196
City Council Minutes
March 23, 1995
Page 197
Due to the unique circumstances of this request, including the
avoidance of unhealthy conditions, location and up front costs
associated, staff recommended approval of this ordinance.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to pass on first reading Ordinance #9788 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution 44779 authorizing the Mayor to execute a
tax abatement agreement with Aycock Freight, Inc. (located on
East 40th Street).
RESOLUTION 94779
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 Guidelines and Criteria
governing tax abatement for commercial projects in designated enterprise zones in the
City of Lubbock, attached herewith, by and between the City of Lubbock and Aycock
Freight, Inc., and any associated documents, 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 23rd day of March, 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 Relations/
Economic Development
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the Guidelines and Criteria are filed with Resolution No. 4779.
Staff received a request from Aycock Freight, Inc., for commercial
tax abatement in the South Enterprise Zone. Aycock Freight, Inc.,
plans to construct a new freight terminal with 6,000 square feet of
warehouse space and 1,200 square feet of office space on East 40th
Street.
The proposed improvements should add approximately $375,000
additional value to the undeveloped real property. The current
value of the undeveloped land is $20,000. There will be
approximately $95,000 in personal property at the new site.
197
City Council Minutes
March 23, 1995
Page198
The company currently employs six full-time employees, and
management expects to add three to four new positions before the
end of the 1995 calendar year.
Aycock Freight provides service to retailers, manufacturers and
private citizens of Lubbock and surrounding counties.
The project will add new value to the tax base in the South
Enterprise Zone and will result in the retention of six employees
and the addition of three to four new employees.
Approval will be necessary by the affirmative vote of three -fourths
of the City Council because a variance under the guidelines is
sought since the facility does not qualify as a totally new business
operation.
On February 23, 1995, Council adopted a resolution giving Notice
of Intent to enter into a tax abatement agreement with Aycock
Freight, Inc.
Staff recommended authorization by the Mayor to execute a tax
abatement agreement with Aycock Freight, Inc.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4779 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12A.) Consider Resolution #4780 authorizing the Mayor to execute
Change Order No. 1 between the City of Lubbock and West
Texas Equipment Company for landfill compactor equipment.
RESOLUTION 94780
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 Change Order No. 1 by and
between the City of Lubbock and West Texas Equipment for landfill compactor
equipment, 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.
198
City Council Minutes
March 23, 1995
Page199
Passed by the City Council this 23rd day of March, 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 Change Order No. 1 is filed with Resolution No. 4780.
In December 1994 the City received bids for one 90,000 pound and
two 50,000 pound landfill compactors. The bids were structured
so as to allow the City to choose between the two alternatives.
Bids were received from Associated Supply Company and West
Texas Equipment for the 90,000 pound compactor. Bids were
received from West Texas Equipment and Al jon for the two
50,000 pound compactors. West Texas Equipment was the low
bidder for both alternatives. While the initial decision was made to
purchase the larger unit, analysis conducted by our new Solid
Waste Superintendent (who has extensive experience in landfill
operations) indicates that the City would be better served by the
acquisition of the two smaller units for the following reasons:
It allows for a $72,672 price reduction.
The smaller machines are more readily serviceable with
lower operating and maintenance costs while producing
equal compaction ratios.
The recommended machines will have longer life and less
down time due to off the shelf parts and less stress than on
one machine.
The recommended machines will also have a higher resale
value because of a greater demand.
Due to operational changes in the landfill the larger
machine would be an operational safety hazard while the
two smaller machines would produce greater operational
efficiency.
The change is allowable under the terms of our contract and is
acceptable to the vendor.
Staff recommended approval of this change.
199
City Council Minutes
March 23, 1995
Page 200
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4780 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) BID #13133--Lubbock International Airport North Cargo
Apron and Taxiways Improvements, and authorize same
(Aviation).
RESOLUTION #4781
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 C.B. Thompson Construction, to
furnish and install all materials as bid for the Lubbock International Airport North Cargo
Apron and Taxiways Improvements, 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 23rd day of March, 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
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS 8
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 23rd day of March, 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 C. B. Thompson 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:
200
City Council Minutes
March 23, 1995
Page 201
BID NO. 13133--Lubbock International Airport North Cargo Apron & Taxiways
Improvements in the amount of $3,169,368.10
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:
C. B. Thompson Construction
CONTRACTOR
By:
TITLE:
C. B. Thompson Construction
P.O. Box 6456
Lubbock, Texas 79493-6456
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4781 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) BID #13174--Cutouts and Fuses - Annual Pricing (Central
Warehouse).
Cummins Supply Company— 1 Ea. 100 Amp Fuse Holder 7.8 KV
Item #592040001; 450 Ea. 15 KV Cutout Without Fuse Holder
Item #592040002; 50 Ea. Expendable Fuse Holder Cap 100 Amp,
7.8 KV Item #592040004; 1 Ea. 300 Amp Cutout Blade 15 KV
Item #592040005; 25 Ea. Expendable Fuse Holder Cap 200 AMP,
15 KV Item #592040006; 15 Ea. 200 Amp Fuse Holder 15 KV
Item #592040009; 200 Ea. 2 Amp Fuse Link Type "T" 15 KV Item
#592040054; 1,200 Ea. 6 Amp Fuse Link Type "T" 15 KV Item
#592040055; 150 Ea. 10 Amp Fuse Link Type "T" 15 KV Item
#592040056; 150 Ea. 15 Amp Fuse Link Type "T" 15 KV Item
#592040057; 250 Ea. 25 Amp Fuse Link Type "T" 15 KV Item
201
City Council Minutes
March 23, 1995
Page 202
#592040058; 200 Ea. 40 Amp Fuse Link Type "T" 15 KV Item
#592040059; 50 Ea. 65 Amp Fuse Link Type "T" 15 KV Item
#592040060; 25 Ea. 80 Amp Fuse Link Type "T" 15 KV Item
#592040061; 25 Ea. 100 Amp Fuse Link Type "T" 15 KV Item
#592040062; 25 Ea. 140 Amp Fuse Link Type "T" 15 KV Item
#592040063; 25 Ea. 200 Amp Fuse Link Type "T" 15 KV Item
#592040064; 75 Ea. 50 Amp Fuse Link Type "T" 15 KV Item
#592040065; 500 Ea. 100 Amp Fuse Holder 15 KV Item
#592040086; 50 Ea. Expendable Fuse Holder Cap 100 Amp, 15
KV Item #592040087.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) BID #13178--Interior Alterations at Municipal Building, and
authorize same (Building Services
RESOLUTION #4782
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 LDC Construction Company, Inc., to
furnish and install all materials as bid for the Interior Alterations at Municipal Building
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 23rd day of March, 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
202
City Council Minutes
March 23, 1995
Page 203
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 23rd day of March, 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 LDC Construction Company, 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. 13178--Interior Alterations at Municipal Building in the amount of $139,973.00
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:
ATTEST:
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
LDC Construction Company, Inc.
CONTRACTOR
By:
TITLE:
LDC Construction Company, Inc.
P.O. Box 65251
Lubbock, Texas 79464
203
City Council Minutes
March 23, 1995
Page 204
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4782 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) BID #13184--ACM Abatement at Lubbock Municipal
Coliseum, and authorize same (Civic Center)
RESOLUTION #4783
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 West Texas Abatement of Lubbock,
to furnish and install all materials as bid for the ACM Abatement at Lubbock Municipal
Coliseum, 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 23rd day of March, 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 8
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 23rd day of March, 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 West Texas Abatement 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:
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Page 205
BID NO. 13184--ACM Abatement at Lubbock Municipal Coliseum in the amount of
$31,744.00
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him and to substantially complete same
within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefore, subject to additions
and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT
/s/ Freddy Chavez
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langsa ton
Mayor
APPROVED AS TO FORM:
Donald G. Vandiver
West Texas Abatement
CONTRACTOR
By: /s/ Leo Padgett
TITLE: Vice President
COMPLETE ADDRESS: West Texas Abatement
P.O. Box 2895
Lubbock, Texas 79408
A project that would provide for air conditioning of the Municipal
Coliseum was developed and put out for bid in the early part of
1994. Due to the new arena issue, the project was placed on hold
prior to accepting the bids. The January 1995 election for the
construction of a new arena failed and as a result staff was
instructed to review the plans and specifications on hand for air
conditioning of the Municipal Coliseum. In our review of those
plans with the assigned engineering firm, the issue of asbestos
abatement was discussed and it was determined best to bid that
portion of the original project separately. Plans and specifications
addressing the asbestos abatement were developed and the project
advertised for bid. The majority of piping that services the air
handler units in the Coliseum are insulated with an asbestos
material. The insulation had previously been encapsulated to keep
the fibers from entering the atmosphere, but in order to remove the
air handler units and install new units for the air conditioning
project, the insulation must be completely removed. When
removal of this type of insulation is performed, the state requires
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City Council Minutes
March 23, 1995
Page 206
that it be performed by a vendor that is registered and licensed in
that area of expertise. The methods used in asbestos abatement
require that none of the fibers be allowed to remain in the
atmosphere during or after the removal of the material.
The city received a total of seven responses from vendors both
locally and from the surrounding area. The following vendors
submitted the related bid amounts:
Asbestos Removal Inc. (Odessa)
$56,000
A.S.A.I. (Lubbock)
$98,363
Asbestos Maintenance Services, Inc. (Borger)
$44,995
West Texas Abatement (Lubbock)
$31,744
National Service Cleaning Corp. (Orange)
$58,000
Vanco Insulation Abatement Inc. (Midland)
$58,938
Tri-Pro Services, Inc. (Kaufinan)
$46,363
It should be noted that this project is Phase I of the Coliseum
HVAC bond project; once this project is approved, the next step is
to proceed with the remainder of the HVAC Cooling Project for
the Coliseum. By performing the removal of the asbestos
insulation, the existing steam pipes above the seating areas will be
exposed and unprotected. If, after the removal of the insulation,
Phase II of the air conditioning project is either postponed or
abandoned, new insulation of some type will be required to be
installed prior to the steam boilers going back on line next fall.
There will be a cost involved in performing that work. Staff does
not recommend delaying this project any longer.
Phase I of the Coliseum HVAC project (ACM Abatement) is
estimated to be completed by June 26, 1995. The remainder of the
Coliseum HVAC project is estimated to be completed by
mid -November.
In order to install the required air handler units that will provide
the cooling in the Coliseum, the existing units must be first be
removed. Removal of the units also requires the removal of the
piping that services them. The piping is insulated with a material
which contains asbestos and must therefore be removed by a
licensed vendor prior to the removal of any piping associated with
the units. It is staffs recommendation that the City award Bid
#13184 to West Texas Abatement for the low bid amount of
$31,744 for the asbestos abatement as outlined in the written
specifications and associated drawings.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4783 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(17.) BID #13185--Steam Valves (Electric Production).
Kerotest Manufacturing-48 Ea. 1/2" Steam Valves; 36 Ea. 3/4"
Steam Valves; 48 Ea. 1" Steam Valves; 12 Ea. 1 1/2" Steam
Valves.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 207
(18.) BID #13186-- Groundwater Treatment Equipment
(Emergency Management).
Pumps of Oklahoma --total bid.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to approve low bid meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) BID 413187--Flexible Membrane Liner and Leachate
Collection System, and authorize same (Solid Waste).
RESOLUTION #4784
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and Big D Lining of Midland, Texas, to
furnish and install all materials as bid for the Flexible Membrande Liner and Leachate
Collection System, for the City of Lubbock, which contract is attached hereto, which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of March, 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 8
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 23rd day of March, 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 Big D Lining Systems Company of the City of Midland, County of
Midland, and the State of Texas, hereinafter termed CONTRACTOR.
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March 23, 1995
Page 208
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. 13187--Flexible Membrane Liner and Leachate Collection System in the
amount of $421,115.24
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/ Debra Frankhouser
ATTEST:
/s/ Marjorie Parrish_
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan sg ton
Mayor
APPROVED AS TO FORM:
Donald G. Vandiver
Big D Lining Systems Company
CONTRACTOR
By: /s/ Don E. Tomlin
TITLE: President
Big D Lining
P.O. Box 7808
Midland, Texas 79708
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4784 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 209
(20.) BID #13188--Methane Monitoring Wells, and authorize same
(Solid Waste.
RESOLUTION 44785
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 Terra Engineers, Inc., of Lubbock,
Texas, to furnish and install all materials as bid for the Methane Monitoring Wells, 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 23rd day of March, 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 8
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 23rd day of March, 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 Terra Engineers, 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. 13188--Methane Monitoring Wells in the amount of $31,592.10
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City Council Minutes
March 23, 1995
Page 210
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:
Terra Engineers, Inc.
CONTRACTOR
By:
TITLE:
Terra Engineers, Inc.
P.O. Box 16605
Lubbock, Texas 79408
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution 44785 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) BID 913196--Agricultural Seed - Annual Pricing (Land
Application Site).
Seedco Corporation— 150,000 Lb. Hay Grazer Seed; 13,360 Lb.
Cowpea Seed; 510 Lb. Sorghum Seed.
Richardson Seeds of Lubbock, Inc.--300,000 Lb. Triticale Winter
Variety Seed; 5,000 Lb. Oat Seed; 7,500 Lb. Alfalfa Seed.
Frontier Hybrids, Inc.--1,000 Lb. Grass Seed.
Bamert Seed--7,500 Lb. Matua Brome Grass Seed.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 211
(22.) BID #13072--Police Motorcycles (Fleet Services).
This item was removed from the consent agenda.
Kawasaki Good Times--3 Ea. Solo Police Motorcycles per Spec
204.
Mark Hindman, Director of Support Services, presented staff
comments. In response to Bid #13072, the City of Lubbock
received competitive sealed bids for three police motorcycles from
Kawasaki Good Times of Lubbock and Graves Harley Davidson of
Lubbock. Graves Harley Davidson also included a repurchase
proposal with the submission of their bid.
Texas Local Government Code §252.043 states "If the competitive
sealed bidding requirement applies to the contract, the contract
must be awarded to the lowest responsible bidder. The governing
body may reject any and all bids. " Because an award under
competitive sealed bidding procedures is made to the lowest
responsible bidder and negotiations on price or service delivery
method are not permitted, the evaluation procedure is somewhat
simpler than that for responses to a Request for Proposals.
A common error in evaluating competitive sealed bids is to favor a
bidder offering more than what was called for in the bid document.
In the above mentioned bids, Kawasaki Good Times offered to sell
the specified motorcycles for $8,167 each. Graves Harley
Davidson offered to sell the same specified motorcycles for
$11,000 each and offered to repurchase any or all of the units that
are in good working order at the end of one year for $9,500 each.
A prebid meeting was held on February 7, 1995, in order to give
bidders an opportunity to discuss any changes to the specifications.
However, a representative from Graves Harley Davidson was not
present at this prebid meeting. Kawasaki Good Times is the
lowest responsible bidder regardless of what Graves Harley
Davidson offers as a bonus. When evaluating a competitive sealed
bid, the original specifications and the bid price submitted are the
determining factors. Under competitive sealed bidding, the
deliberations of the evaluators center on whether the lowest
responsive bidder meets the qualification criteria; a bidder does not
receive additional consideration for exceeding them.
Rather than awarding this bid to the lowest responsible bidder,
Council may reject both bids and instruct staff to rebid police
motorcycles with specifications that include a repurchase
provision. However, this course of action is very likely to result in
a non-competitive situation. Kawasaki Good Times has indicated
that they will not bid a repurchase provision due to their inability
to forecast the market value of used motorcycles a year from now.
In addition, the City of Amarillo took bids for police motorcycles
in January 1994 with a repurchase provision and received only one
bid from the local Harley Davidson dealer ($9,700 for the same
model that Graves Harley Davidson bid to the City of Lubbock for
$11,000). Rebidding may also be perceived as giving one vendor
an advantage over the other after Kawasaki Good Times submitted
a bid as specified disclosing their price.
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Page 212
It is also important to note that a bid with a repurchase provision is
not without risk and may not result in the lowest cost to the City.
Using Graves Harley Davidson's repurchase proposal as an
example, at the end of one year there is the possibility that one or
more police motorcycles may not be in good working order at the
time of repurchase due to the type of environment in which a
police motorcycle operates. If so, Graves Harley Davidson could
refuse to repurchase the motorcycles or require the City to pay for
any necessary repairs. Consequently, the City could end up
spending more than the Kawasaki low bid. Furthermore, based on
the average service life of a Kawasaki police motorcycle, the
average annual cost to the City for the Kawasaki low bid would be
$1,361 compared to the one-year net cost of $1,500 for the Harley
repurchase plan. In addition, under the repurchase plan, the City's
initial cash outlay would be $8,400 more than Council approved in
the City budget for these motorcycles.
Staff recommended the award of this bid to Kawasaki Good Times
of Lubbock.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 6 Yeas; 1 Nay--
Councilmember Hernandez.
(23.) ZONE CASE NO.2402-E (southeast corner of 82nd Street and
Elkhart) --Hold a public hearing to consider request of Hugo
Reed and Associates (for Lubbock Land Company) for a
zoning change from GO to R-1 Specific Use (for garden homes)
on a tract out of Section 26, Block E-2, and consider ordinance.
ORDINANCE 49789
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2402-E; A ZONING CHANGE FROM GO TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION
26, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 10:46 a.m.
Bernie Gradel appeared on behalf of Lubbock Land Company to
present this request for zone change from GO to R-1 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:48 a.m.
Bill Boon, Planner II, presented staff comments. The existing
zoning is Garden Office. Mr. Boon gave the adjacent land uses as
follows:
North - residential
South - residential
East - residential
West - commercial, vacant
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March 23, 1995
Page 213
The request is consistent with both Comprehensive Land Use Plan
and zoning policies. These four lots will round out a garden home
community that exists to the south and east. The proposal will
have little or no effect on traffic.
The proposed condition for a zero setback on the north lot line
(adjacent to 82nd Street) is compatible with a condition of the zone
case to the east. Whether the structure located on the lot line is a
brick fence or building wall, visibility along 82nd Street is or will
remain the same. This will allow the 10-foot side yard of the four
homes to be oriented to the south. The portion of the condition
recognizing no wall or fence in the 25-foot vision triangle at the
corner of Elkhart and 82nd Street is current Code, and the staff
asked that it be restated within this ordinance.
The Planning Commission recommended the request for approval
subject to the following conditions:
The setback shall be zero on the north property line.
No fence or structure taller than two feet shall be located
within the 25 foot vision triangle on the corner of 82nd
Street and Elkhart.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance #9789
with conditions recommended by P&Z and City staff. Motion
carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and
excused from any discussion and voting on this item.
(24.) ZONE CASE NO.2751 (northwest corner of 59th Street and
York) --Hold a Public hearing to consider request of Hugo Reed
and Associates (for H.O.L.D.) for a zoning change from R-1 to
R-1 Specific Use (for garden homes) on Lots 11-16, Block 1,
Piedmont Addition, and consider ordinance.
ORDINANCE 49790
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2751; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 11-16, BLOCK 1,
PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:49 a.m.
Bernie Gradel and Lewis Garnett appeared on behalf of Hugo Reed
and Associates 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 10:52 a.m.
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March 23, 1995
Page 214
Bill Boon, Planner II, presented staff comments. The existing
zoning of these lots is R-1. Several years ago when the Slide Road
Development Plan accommodated commercial uses along Slide,
the required brick fence now in place provided a separation
between these and other residential lots from the new commercial.
Mr. Boon gave the adjacent land uses as follows:
North - single family
South - commercial
East - residential
West - commercial
As residential to residential, the request is consistent with both
Comprehensive Land Use Plan and Zoning policy. Two return
comments from adjacent owners are not valid relative to either the
flooding or renter occupied issues. The overflow capacity from
Buster Long Park to Dupree Park is established, and the addition of
these roof tops is irrelevant within the total context of that drainage
water shed. The proposal will have no adverse effect on the
thoroughfare system.
The Planning staff supports the recommendation of the Planning
and Zoning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to pass on first reading Ordinance #9790 as
recommended by P&Z and City staff. Motion carried: 7 Yeas; 0
Nays.
(25.) Hold a public hearing to consider amendment of the Zoning
Code in the building materials and construction section of the
Interstate Industrial District (IHI) regarding a prohibition of
factory manufactured metal panels with through -the -wall
fasteners, and consider ordinance.
ORDINANCE 99791
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY
AMENDING SECTION 29-23.3(o)(2)a ENTITLED "IHI DEVELOPMENT
STANDARDS"; REGARDING METAL WALL PANELS; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:55 a.m.
A public hearing was conducted to present an amendment to the
Zoning Code.
No one appeared in opposition. Mayor Langston closed the public
hearing at 10:56 a.m.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance #9791
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
March 23, 1995
Page 215
(26.) Hold a public hearing to consider amendment of the Zoning
Code for the definition of "rear yard" in the R-1 Specific Use,
R-1 and R-2 sections related to setback for garages from the
alley or easement line, and consider ordinance.
ORDINANCE #9792
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY
AMENDING THE DEFINITION OF "REAR YARD" IN REGARD TO GARAGE
SETBACKS IN SECTION 29-7(f)(2) ENTITLED "R-1 SINGLE-FAMILY DISTRICT"
SECTION 29-8(f)(2), ENTITLED "R-2 TWO-FAMILY DISTRICT", AND SECTION
29-24(2)(e) ENTITLED "SPECIFIC USE DISTRICT (TOWNHOUSE/GARDEN
HOME) R-1 DISTRICT"; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:55 a.m.
A public hearing was conducted to present an amendment to the
Zoning Code.
No one appeared in opposition. Mayor Langston closed the public
hearing at 10:56 a.m.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to pass on first reading Ordinance #9792 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) Hold a public hearing to consider clarification of existing
definition for parking at restaurants in the C-4 District, and
consider ordinance.
ORDINANCE #9793
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY
AMENDING SECTION 29-20(m)(1)h ENTITLED "OFF-STREET PARKING -
REQUIRED" TO CLARIFY RESTAURANT PARKING IN THE "C-4" DISTRICT;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING
FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:55 a.m.
A public hearing was conducted to consider clarification of
existing definition for parking at restaurants in the C-4 District.
No one appeared in opposition. Mayor Langston closed the public
hearing at 10:56 a.m.
Motion was made by Councilmember Cooke, seconded by
_ Councilmember Ince to pass on first reading Ordinance #9793 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 216
(28.) Consider Resolution #4786 authorizing the Mayor to execute
an agreement with the South Plains Regional Chapter of the
American Red Cross to administer and deliver the City Learn
to Swim Program.
RESOLUTION 44786
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement by and
between the City of Lubbock and the South Plains Regional Chapter of the American Red
Cross, 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 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Director of Culture
& Leisure
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Agreement between the City of Lubbock and South Plains Regional
Chapter of the American Red Cross is filed with Resolution No. 4786.
Carolyn Aliamus, Director of Culture and Leisure Services,
presented staff comments. The Sports and Leisure Department has
provided a Learn to Swim Program at various City swimming
pools. This program is designed to offer safe instruction in
swimming. Approximately 300 children have participated in this
program each year. Revenues for 1994 were $6,120 while
expenses were $8,933, which resulted in an operating loss of
$2,813. The consumer price for swimming instruction is driven by
the market. In 1994 cost for the program was $20.
The South Plains Chapter of the American Red Cross would like to
enter into an agreement with the City for the delivery of all
services associated with the Learn to Swim program. Red Cross is
currently the authoritative entity in Lubbock that has the
responsibility to certify all pool personnel in first aid, CPR and
lifeguard training.
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March 23, 1995
Page 217
The proposed agreement with Red Cross enables the City to
continue having swimming instruction available to the community,
alleviates extensive administrative overhead during peak
swimming season, relieves the City of direct costs associated with
delivering this service and maintains a quality product at the lowest
cost to the taxpayer.
The agreement is for one year with two (one year) renewal options.
Compensation to the City will be 30 percent of net profits. Red
Cross will be responsible for all operation costs associated with the
Learn to Swim program.
City staff has reviewed similar programs in cities in Texas and
around the country and have found that it is common practice to
have a relationship with the Red Cross to deliver swimming
instructions. The proposed agreement with Red Cross exemplifies
the City's goal toward quality service and quality product at a
lower cost to taxpayers.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4786 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(29.) Consider Resolution #4787 authorizing the Mayor to execute
for and on behalf of the City of Lubbock an engineering
services agreement by and between the City of Lubbock and
Power & Environmental Water Specialists.
RESOLUTION #4787
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Engineering Services
Agreement, attached herewith, by and between the City of Lubbock and Power &
Environmental Water Specialists for the investigation and evaluation of the Reverse
Osmosis Demineralizer System at Brandon Station, 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.
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Page 218
Passed by the City Council this 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jay Wadsworth
Jay Wadsworth, Electric Production Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Engineering Services Agreement between the City of Lubbock and Power
& Environmental Water Specialists is filed with Resolution No. 4787.
J. Robert Massengale, Director of Electric Utilities for LP&L,
presented staff comments. Brandon Station is the co -generation
plant on the Texas Tech campus and was brought on line in June
1990. Staff have had a continuing problem with the raw water
treatment system at Brandon Station. On November 15, 1994, staff
sent out a Request for Proposals for a water treatment specialist to
complete the following tasks:
Investigate and evaluate the present Reverse Osmosis
Demineralizer system as installed by the General
Contractor, compare installed system to performance
specification, as written by Power Projects and determine if
specifications were satisfactorily followed.
Make recommendations as to modifications to be made that
will assure that this system will operate as needed for long-
term efficient operation, at minimal cost and maintenance.
Be prepared to support the City of Lubbock if
specifications were not followed in whatever remedies may
be available to the City of Lubbock.
Assist the City of Lubbock in developing specifications for
boiler water treatment system at Plant 2.
The water treatment system was to have a three-year warranty on
membranes. To this point, the contractor has, in four years, used
three sets of membranes and refuses to correct the problem.
The City of Lubbock received proposals on December 21, 1994,
with 31 engineering water treatment companies being asked to
respond.
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March 23, 1995
Page 219
Power and Environmental Specialists was the only company to
respond completely to the request for proposals.
Staff requested and received permission to negotiate a contract
with Power and Environmental Water Specialists and would like to
submit the attached contract for Council consideration and
ratification. The estimated not to exceed cost for this contract is
$23,450.
Both parties can terminate this contract on thirty days' written
notice to the other parry for failure or refusal to perform in
accordance with the terms established under the agreement.
The staff recommended that the Council authorize the Mayor to
sign a contract with Power and Environmental Water Specialists.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Sitton to authorize Resolution #4787 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(30.) Consider Resolution #4788 approving and authorizing
Publication of notices of intention to issue certificates of
obligation, notices of sale with respect to such certificates of
obligation and with respect to general obligation bonds, and
notice of public hearin_.
RESOLUTION #4788
A RESOLUTION by the City Council of the City of Lubbock, Texas, approving
and authorizing publication of notices of intention to issue certificates of obligation,
notices of sale with respect to such certificates of obligation and with respect to general
obligation bonds, and a notice of public hearing.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that
certificates of obligation should be issued in accordance with the provisions of V.T.C.A.,
Local Government Code, Subchapter C of Chapter 271, for the purpose of paying
contractual obligations to be incurred for (i) Civic Center improvements and (ii)
professional services rendered in connection therewith; and
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that
certificates of obligation should be issued in accordance with the provisions of V.T.C.A.,
Local Government Code, Subchapter C of Chapter 271, for the purpose of paying
contractual obligations to be incurred for (i) apron improvements at the freight
development area at the City's airport and (ii) professional services rendered in
connection therewith; and
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that
general obligation bonds should be issued in accordance with the provisions of general
law and the City's charter for the purpose of paying contractual obligations to be incurred
for library facilities improvements, park improvements, fire department emergency traffic
control system, and costs of issuing such bonds; and
WHEREAS, prior to the issuance of said certificates of obligation, this Council is
required to give notice of its intention to issue the same in the manner and time provided
by law and deems it appropriate to publish a notice of sale with respect to such bonds and
certificates in accordance with the procedure set forth in the City's charter; now, therefore
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Page 220
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.
TEXAS:
Section 1: That the City Secretary is hereby authorized and directed to cause
notice to be published of this Council's intention to issue certificates of obligation in the
principal amount not to exceed $2,000,000 for the purpose of paying contractual
obligations to be incurred for (i) Civic Center improvements and (ii) professional services
rendered in connection therewith, such certificates to be payable from ad valorem taxes
and a pledge of the surplus revenues of the City's hotel occupancy tax. The notice hereby
approved and authorized to be given shall read substantially in the form and content of
Exhibit A hereto attached and incorporated herein by reference as a part of this resolution
for all purposes.
Section 2: That the City Secretary is hereby authorized and directed to cause
notice to be published of this Council's intention to issue certificates of obligation in the
principal amount not to exceed $900,000 for the purpose of paying contractual
obligations to be incurred for (i) apron improvements at the freight development area at
the City's airport and (ii) professional services rendered in connection therewith, such
certificates to be payable from ad valorem taxes and a lien on and a pledge of the surplus
revenues of the City's Airport. The notice hereby approved and authorized to be given
shall read substantially in the form and content of Exhibit B hereto attached and
incorporated herein by reference as a part of this resolution for all purposes.
Section 3: That each such notice of intention to issue certificates of obligation
shall be published once a week for two consecutive weeks in a newspaper having general
circulation in the City of Lubbock, Texas, the date of the first publication of such notice
to be at least fifteen (15) days prior to the date stated therein for the passage of the
ordinance authorizing the issuance of the certificates of obligation.
Section 4: That the City Secretary is hereby authorized and directed to cause a
notice of sale to be published relating to the sale of certificates of obligation and general
obligation bonds. The notice of sale hereby approved and authorized to be published shall
read substantially in the form and content of Exhibits C, D and E hereto attached and
incorporated herein by reference as a part of this resolution for all purposes.
Section 5: That the City Secretary is hereby authorized and directed to cause the
notices of sale approved in Section 4, above, to be published once each week for a period
of thirty days.
Section 6: That the City Secretary is hereby authorized and directed to cause a
notice of public hearing relating to the certificates of obligation to be issued for airport
purposes (described in Section 2, above) to be published relating to the public hearing to
be held prior to the sale of such certificates. The notice of public hearing hereby approved
and authorized to be published shall read substantially in the form and content of Exhibit
F hereto attached and incorporated herein by reference as a part of this resolution for all
purposes.
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March 23, 1995
Page 221
Section 7: That the City Secretary is hereby authorized and directed to cause the
notice of public hearing approved in Section 6, above, to be published once, with the date
of publication to be at least fourteen days prior to the date stated therein as the date of the
public hearing.
PASSED AND APPROVED, this the 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
A copy of Exhibits A, B, C, D, E and F are filed with Resolution No. 4788.
Mark Hindman, Director of Support Services, presented staff
comments. This resolution accomplishes several formal steps
which are required either by federal laws, state laws or the City
Charter regarding the issuance of general obligation bonds or
certificates of obligation.
State law requires that a notice of intention to issue
certificates of obligation be published in a local paper at
least two consecutive weeks prior to the scheduled date for
issuance.
The City Charter requires that all bond sales must be
advertised in a local paper for four consecutive weeks with
the first advertisement occurring at least 30 days prior to
issuance.
Federal tax laws require that staff hold a hearing on the
certificates of obligation for the Airport and that the hearing
be advertised through a public notice. This hearing is
required because the Airport facilities are used by
commercial carriers making the bonds "private activity
bonds" which are subject to the alternative minimum tax.
Public approval through the form of a public hearing and
receipt of public comments is required. The public hearing
does not have to take the form of a Council meeting and
Council members are not required to attend.
The bonds proposed for sale were discussed during the March 9,
1995, work session. A description of the projects proposed is
provided below.
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Page 222
General Obligation -Tax Supported Bonds
Amount
Purpose of Issue
Library Improvements
Northeast Branch $1,370,000
Northwest Branch 1-310,.000
Total Library Improvements $2,380,000
Park Improvements
Maxey pool renovation
$225,000
Mackenzie Park redevelopment
270,000
Lewis Field renovation
610,000
McCullough Park jogging track
172,000
Hodges Park restroom
55,000
Miller Park improvements
18,000
Clapp Park security lighting
30,000
Buster Long improvements
160,000
$1,540,000
Fire Department Traffic Control $470,000
Total General Obligation Bonds $4,690,000
Certificates of Obligation -
Passenger Facility Charge Funded
Air Cargo Ramp $900,000
Certificates of Obligation-
Hotel/Motel Tax Funded
Civic Center Renovations $2,000,000
Sale of the general obligation bonds will enable the City to stay on
schedule with the capital improvements plan approved by the
voters in May 1992. The certificates of obligation for the Airport
will enable further expansion of air cargo services. The Airport
bonds will be funded through passenger facility charges revenues.
The project has the necessary FAA approvals. The certificates of
obligation for the Civic Center will fund a fairly comprehensive
renovation to this facility. Debt service for this project will be
funded through a portion of the Hotel/Motel Tax revenues. Staff
can pull this item off at a later time should Council fail to enact the
proposed reallocation of hotel -motel taxes.
The general obligation bonds will be 20-year level principal bonds.
Both sets of certificates of obligation will be 5-year level principal
bonds.
Staff recommended approval of this item.
Motion was made by Councilmember Sitton, seconded by
Councilmember Patterson to authorize Resolution #4788 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 223
(31.) Consider Resolution #4789 authorizing the Mayor to extend
the contract with First Health Strategies from March 31, 1995,
until October 31, 1995, to allow sufficient time to solicit
proposals for the group health plan
RESOLUTION #4789
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, Addendum Number 1 to the
Administrative Services Agreement, by and between the City of Lubbock and First
Health, and which Addendum Number 1 is attached herewith, and which shall be spread
upon the minutes of Council and as spread on the minutes of the Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of March, 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, Director of Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of Addendum No. 1 to the Administrative Services Agreement is filed with
Resolution No. 4789.
Mary Andrews, Director of Human Resources, presented staff
comments. A team of consultants from Insurance Partners
Southwest has been retained to design a Request for Proposals to
solicit responses for a group health plan. The proposed
implementation date for the health plan is November 1, 1995, and
the seven -month extension will allow us to make a complete and
thorough examination of a group benefits package.
Currently the City is under contract with several organizations to
administer the City's group health plan. These include:
Washington National — the insurance carrier
Advance — the City prescription program
First Health — third party administrator
Three local hospitals (Methodist, St. Mary's, UMC)
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City Council Minutes
March 23, 1995
Page 224
Although each vendor provides a unique service, each is dependent
upon the other to be able to successfully administer the benefits
program. Many of the programs within our health plan were added
after the original April 1, 1988 implementation date. This has
caused the contracts to differ for each organization. Because of the
complexity of the tasks before us, it is advantageous to align all
contract renewal dates to November 1, 1995.
Extending the renewal date on the First Health contract will have
no effect on the premiums paid by the City or City employees but
will allow a sufficient amount of time to carefully look for a new
benefits package or enhance our current package.
Staff recommended approval.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution #4789 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(32.) Consider compensation and benefits of the City Attorne.
Bob Cass, City Manager, presented staff comments. John Ross has
asked in lieu of any increase in salary for this year and in
consideration of his 17-1/2 years of service to the City, that he be
granted the same early retirement package consisting of 3 years of
medical coverage of Mr. Ross and his spouse, as has previously
been authorized for early retirees in the administrative service of
the City.
Mr. Ross is an employee of the Council and not in the
administrative service of the City under the City Manager, and
Council may under Resolution No. 4423 grant this request so that
the same early benefit package offered to administrative employees
may be offered to Council employees.
Motion by made by Councilmember Patterson, seconded by
Councilmember Cooke to provide benefits package to the City
Attorney upon retirement. Motion carried: 7 Yeas; 0 Nays.
(33.) Consider Resolution 44790 giving notice of intent on behalf of
the City of Lubbock to enter into a tax abatement agreement
with Red River Commodities, Inc.
RESOLUTION #4790
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with Red River Commodities, Inc., and
WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent
of City Council to be given to the presiding officer of the governing body of each taxing
unit in which the property to be subject to the Tax Abatement Agreement is located;
NOW THEREFORE:
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City Council Minutes
March 23, 1995
Page 225
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of
City Council to enter into a Tax Abatement Agreement with Red River Commodities,
Inc., said notice to be given to the presiding officers of each governing body of each
taxing unit having jurisdiction in assessing taxes on property located in North Loop
Industrial Park, Block A, Lot 2, City of Lubbock, Lubbock County, Texas.
Passed by the City Council this 23rd day of March, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
r:110r031
/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/ Jean E. Shotts
Jean E. Shotts, Trial Attorney
Joel Beesinger, Interim Director of Business and Economic
Development, presented staff comments. Red River Commodities,
Inc. has made application for Industrial Tax Abatement in the
North Enterprise Zone. The company is based in North Dakota
and plans to open a plant here to process confection sunflowers.
Red River has purchased a building at 212 N.E. Loop 289 and
intends to invest approximately $500,000 in improvements. They
will create approximately 12 new jobs. This is a new value-added
business. The request for tax abatement is for a five-year period.
The company purchased the existing building (formerly Big Crop
Seed) at a cost of $300,000, and the proposed opening date is July
1995.
Since the applicant has satisfied the requirements for eligibility,
staff recommended favorable consideration by Council and
execution of the agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4790 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 226
(34.) Consider Resolution #4791 authorizing the Mayor to execute a
support document for "La Entrada Al Pacifico" trade
corridor.
RESOLUTION #4791
RESOLUTION OF SUPPORT FOR
"LA ENTRADA AL PACIFICO" TRADE CORRIDOR
WHEREAS, the City of Lubbock recognizes that with the implementation of the
North American Free Trade Agreement, there will be major trading opportunities with
Chihuahua, Durango, Sinaloa, and other Western states in Mexico; and
WHEREAS, with the transportation system currently in place and as proposed by
other states, most of this trade will be directed to other states in the United States; and
WHEREAS, with nominal cost additions and improvements to the Texas
Highway System, most of this trade can be directed into Texas, and particularly into the
West and North Texas areas; and
WHEREAS, the addition of this trade with the Western states of Mexico will
complement and increase trade throughout Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock pledges its support and expresses its desire to work
with the Midland/Odessa Transportation Alliance in promoting the development of the
"La Entrada al Pacifico" Corridor for trade between Texas, Chihuahua City and the
Pacific port of Topolobampo (the "Corridor").
Be it further resolved that the City of Lubbock urges the Texas Department of
Transportation to endorse the development of this Corridor, and to determine and develop
the necessary highway transportation improvements to support this Corridor, with the
understanding that this not be construed as supporting a specific route for extension of
I-27.
Duly passed and approved this 23rd day of March, 1995, in the regular meeting of the
City Council, on a motion by Mayor Pro Tern Neugebauer, seconded by Victor
Hernandez; unanimous.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte'
Debra B. Forte', Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
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City Council Minutes
March 23, 1995
Page 227
Debra Forte', Assistant City Manager, presented staff comments.
The State of Texas is strategically located to benefit more than any
other state from the increased trade opportunities brought about by
the passage of NAFTA. To maximize the economic development
potential from increased north -south trade with Canada, Mexico,
and eventually Central and South America, Texas must make
certain that our north -south transportation routes are expanded and
upgraded.
"The Entrance to the Pacific Corridor" is a proposed new trade
corridor from Texas to Chihuahua City, Chihuahua, Mexico, and
continuing to the Mexican Pacific port of Topolobampo in the
Mexican state of Sinaloa. Chihuahua is already one of the four
largest trading partner states with the United States, and this new
corridor would capture a majority of this trade for Texas. Long
term, after the completion of a highway from Chihuahua City to
Topolobampo, and improvement of rail facilities, it would provide
Texas with access to a Pacific deep water port that is
approximately 500 miles closer inland, and much less expensive
than the Port of Los Angeles.
The concept of this major new trade corridor has been developed
jointly by the Midland/Odessa Transportation Alliance and the
Director of Economic Development of the State of Chihuahua, Mr.
Enrique Terrazas. Both entities support the development of this
corridor strongly, and the concept has been endorsed by Governor
Francisco Barrio Terrazas of Chihuahua. The state of Chihuahua
also anticipates the support of the states of Durango, Sinaloa, as
well as the City of Torreon, Coahuila.
The Alliance made a presentation to the Regional Economic
Development Summit on March 3, 1995, and requested support, by
resolution, from Lubbock, Plainview, and Amarillo. They will
present a proposal to the Texas Department of Transportation
Commissioners on March 30, 1995, in Austin, and they would like
resolutions from these regional cities.
Another consideration that staff will need to be cognizant of is the
possibility that two other groups could be affected. The cities of
Big Spring and Abilene are both interested in the I-27 extension.
In that regard, staff have somewhat restructured the original
request to accommodate this concern. It is possible, however, that
approval will be regarded by those communities as an action
favoring the extension of I-27 through Midland -Odessa.
Staff have contacted Senator Montford's staff to determine any
other concerns about our taking such an action. Staff will pass that
information on to Council when staff receive it. Regardless of
written verbiage to the contrary, Council should be cognizant of
the fact that supporters of the Abilene and Big Spring I-27 routes
may view this as an act favoring Midland. Staff have attempted to
remain neutral up to this point and staff still sees value in that
position. Representatives from Midland -Odessa will be present at
your 8:30 a.m. meeting to discuss this item.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution #4791 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 228
City Council recessed into executive session at 11:25 a.m.
(35.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Water Utilities).
(36.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551 074(a)(1) to discuss personnel
matters (City Manager).
(37.) 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 properly (Culture & Leisure
Services .
(38.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)() to discuss personnel
matters regarding duties, responsibilities, and/or appointments
to:
Community Services Commission
Drainage Criteria Advisory Committee
Keep Lubbock Beautiful Advisory Committee
South Plains Association of Governments
(39.) Confirm appointment of Mark Madison to the Board of
Health.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Mark Madison to the Board
of Health. Motion carried: 7 Yeas; 0 Nays.
(40.) Confirm appointment of Susan Casby-Horton to the Drainage
Criteria Advisory Committee.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Susan Casby-Horton to the
Drainage Criteria Advisory Committee. Motion carried: 7 Yeas; 0
Nays.
(41.) Confirm appointment of Nadine McDonald to the Lubbock
Municipal Arts Committee.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Nadine McDonald to the
Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; 0
Nays.
(42.) Confirm appointment of Jeff Wall, John Richardson and
Truett Craft to the Neighborhood Redevelopment Commission.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Jeff Wall, John Richardson
and Truett Craft to the Neighborhood Redevelopment
Commission. Motion carried: 7 Yeas; 0 Nays.
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March 23, 1995
Page 229
(43.) Confirm appointment of RoseMary Cardenas and
reappointment of Bob Schmidt and Renee Underwood to the
Park and Recreation Board.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint RoseMary Cardenas and to
reappoint Bob Schmidt and Renee Underwood to the Park and
Recreation Board. Motion carried: 7 Yeas; 0 Nays.
(44.) Confirm appointment of Carroll Stephens and Winn Sikes as
alternates to the Zoning Board of Adjustment.
Motion by made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Carroll Stephens and Winn
Sikes as alternates to the Zoning Board of Adjustment. Motion
carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, it was the consensus of Council
to adjourn the meeting at 1:30 p.m. Moti carrie . Yeas; 0 Nays.
ATTEST:
Betty . Johns , City Secretary
Read and approved this the 13th day of
ATTEST:
Betty" . Johns n, City Secretary
229