HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 27, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 27th
day of April 1995 in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer,
Councilmember Victor Hernandez, Councilmember T. J. Patterson,
Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex
Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary
Betty M. Johnson.
Mayor Langston called the meeting to order at 10:25 A.M.
( 1.) The Invocation was given by Mayor Pro Tem Neugebauer.
(2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
(3.) Board Appointments.
(4.) Presentation of a Certificate of Appreciation to the TKE
Fraternity of Texas Tech University for service to the
community.
Councilmember Sitton made a presentation to the TKE Fraternity
on behalf of the City Council and the Tech Terrace/UNIT
_ Neighborhood Association for their assistance with the
neighborhood's Annual Spring Clean-up, an event sponsored by
Keep Lubbock Beautiful. Councilmember Sitton explained that
the TKE organization has provided this community service to the
Tech Terrace/UNIT residents for the past four years. During the
clean-up, neighborhood alleys are cleared of brush, trash, and
discarded household items.
( 5,) Joe Barron appeared on behalf of Southcrest Baptist Church
to request a loudspeaker permit for April 30 1995 through
May 4 1995, in conjunction with a tent revival.
Mr. Barron requested a loudspeaker permit in conjunction with a
tent revival at Memphis Avenue and South Loop 289. The request
was for Sunday, April 30, through Thursday, May 4, 1995, from
7:00 p.m. to 8:30 p.m. Residents in the area were petitioned and all
approved the event.
Staff recommended approval of the loudspeaker permit.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the loudspeaker permit as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
( 6,) Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve the minutes of the April
13, 1995, Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
City Council Minutes
April 27, 1995
Page 274
( 7.) Consider Resolution 94811 authorizing the Mayor to execute
Change Order No. 8 between the City of Lubbock and BRB
Contractors for the Southeast Water Reclamation Project,
Contract No. 4.
RESOLUTION #4811
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 Change Order No. 8 for
Southeast Water Reclamation Plant Contract 4 by and between the City of Lubbock and
BRB Contractors, Inc., 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 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of Change Order No. 8 is filed with Resolution No. 4811.
This change order involves the reduction of 221,434 square feet of
landscape gravel at the Southeast Water Reclamation Plant to
reduce construction costs and to facilitate equipment maintenance.
The change order also calls for the addition of approximately 9,200
square feet of buffalo grass, 400 linear feet of landscape edger, and
approximately 155 feet of concrete landscape curb to replace a
portion of the deleted landscape gravel. The remaining area will be
seeded by City personnel at a later date.
Change Order No. 8 would deduct a total of $51,003 from the
contract. This deduction, together with seven prior change orders,
would result in an overall increase of $42,577, or a 0.42 percent
change to the original $10,185,000 contract.
The reduction in landscape gravel should not materially affect
maintenance at the wastewater plant. Staff recommended approval
of this item.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4811 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
April 27, 1995
Page 275
(8.) Consider Resolution #4812 authorizing the Mayor to execute
Change Order No 2 to the 1995 Street Maintenance Contract.
RESOLUTION 94812
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 Change Order No. 2 by
and between the City of Lubbock and Williams & Peters Construction Co., Inc., for
the 1995 Street Maintenance Contract, 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 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Change Order No. 2 is filed with Resolution No. 4812.
Council approved Change Order No. 1 on April 13, 1995,
authorizing the reduction of 52,333 square yards of streets to be
sealed with the 1995 Street Maintenance Program. Change Order
No. 1 was executed because the bid price of $1,744,696 was more
than the available funds of $1.7 million. The execution of Change
Order No. 1 also freed up funds to allow the execution of Change
Order No. 2 which allows surface milling on 34th Street. The
number of square yards projected to be sealed in the 1994-95
budget will still be accomplished.
The increase would have no significant effect on the time required
to complete the project.
This Change Order represents a 1.2 percent increase to the 1995
Street Maintenance Program.
Original Amount of Contract $1,744,696.66
Amount Decreased by Change Order No. 1 78,115.36
Amount Increased by Change Order No. 2 20,670.00
New Contract Total $1,687,251.30
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City Council Minutes
April 27, 1995
Page 276
Staff recommended the approval of Change Order No. 2,
increasing the contract amount by $20,670.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4812 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(9.) Consider Resolution #4813 authorizing the sale of a Parcel of
land by the City Council and authorizing the Mayor to execute
a Quitclaim Deed in favor of Juanita Gonzalez (2902
Fordham).
RESOLUTION #4813
WHEREAS, a 5,139.56 square foot tract of land out of Lot 16, Block 6, Marlin
Park Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to
be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape,
without bid procedures or publication to abutting owner for its fair market value pursuant
to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code.
WHEREAS, said land has an appraised fair market value of $175.00, and abutting
owner, JUANITA GONZALEZ, has offered to purchase said land, and this City Council
has hereby determined that it would be in the public interest to sell said land to said
abutting owner at said fair market value; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is
hereby approved.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute a Quitclaim Deed from the City of Lubbock unto the said JUANITA
GONZALEZ, as Grantee, for a consideration of $175.00, in cash paid to the City of
Lubbock by said Grantee, a copy of which Deed is attached hereto and shall be spread
upon the minutes of this Council, and as so spread upon said minutes shall constitute and
be part hereof as if fully copied herein in detail.
Passed by the City Council this 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Quitclaim Deed is filed with Resolution No. 4813.
City Council Minutes
April 27, 1995
Page 277
When the right-of-way was acquired for the widening of Detroit
Avenue in 1989, several whole takings (house and entire lots) were
purchased. Only a portion of these lots were used for the actual
road construction. Several of these remnants were developed into
park areas south of Erskine Street along the west side of Detroit,
and others, such as the one this resolution addresses, are not
needed by the City and can be sold to the abutting property owner.
Mrs. Gonzalez owns the property at 2904 Fordham and desires to
purchase this 39' x 132.5' lot remnant which contains 5,139.56
square feet.
The Right -of -Way Department recommended the sale of this
remnant to Mrs. Gonzalez for $175, which is consistent with the
price of previous remnant sales on Detroit Avenue.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4813 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(10.) Consider Ordinance #9795 abandoning and closing a portion
of a 15-foot alley located in Block 50, Roberts and McWhorter
Addition (116 N. University
ORDINANCE #9795
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-
FOOT ALLEY LOCATED IN BLOCK 50, ROBERTS AND McWHORTER
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance closes a 15-foot wide by 600-foot long alley
between Auburn and First Street, approximately 260 feet east of
University Avenue. United Supermarkets is requesting that this
alley be closed for expansion purposes and they will be charged for
this closure. The alley area being closed totals 9,000 square feet.
The land in this neighborhood has been valued at 50¢ per square
foot from Appraisal District values and sales in this area.
Applying this 50¢ per square foot to the area being closed, staff
calculated a value of (50¢ x 9,000 square feet) $4,500. This alley
area is to remain as an easement so the Right -of -Way Department
values this area at 50 percent of market, or $2,250. The Right -of -
Way Department has received a check for this amount and the
replat has been submitted.
The Right -of -Way Department recommended the first reading of
this ordinance.
—" Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance #9795
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) ORDINANCE #9776--Abandoning and closing a Portion of a
15-foot alley located in the Thompson Addition (815 48th
Street.
This item was deleted from the agenda.
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City Council Minutes
April 27, 1995
Page 278
(13.) Consider Resolution #4814 authorizing the City Council to
approve a grant performance statement and budget and
authorizing_ the Mayor to execute all related documents with
the Texas Department of Housing and Community Affairs to
assist the homeless.
RESOLUTION #4814
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 Performance Statement on
a Budget and all related documents by and between the City of Lubbock and Texas
Department of Housing and Community Affairs for services to homeless individuals
during 1995-96, 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 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia A. Martinez -Flores
Sylvia A. Martinez -Flores, Manager
Community Development and
Neighborhood Initiative Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Performance Statement is filed with Resolution No. 4814.
The State of Texas will receive $975,292 from the U.S.
Department of Health and Human Services (HHS) for the FFY
1995 Emergency Community Services Homeless Grant Program
(EHP). This grant will be administered by the Texas Department
of Housing and Community Affairs (TDHCA) under the
provisions of Subtitle D of Title VII of the Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77) and the McKinney
amendments (Public Law 100-628 and Public Law 101-645).
The City of Lubbock will be awarded $13,495 to administer the
EHP Grant. These funds are available from April 1, 1995, to
March 31, 1996. This grant is to be utilized primarily to assist in
the prevention of homelessness. The funding of this year's grant
will assist 49 households with rent and resource and referral, and
$500 is to be allocated towards training and travel. This grant is
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City Council Minutes
April 27, 1995
Page 279
for direct services; no administration costs are allowed, and it is
supplemented by the Community Services Block Grant. Due to
the lack of administration funding, other agencies are not interested
in the grant.
Since this grant helps to meet the community needs, staff
recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4814 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution #4815 for the Mayor to execute a contract
with Texas Tech University Health Sciences Center,
Department of Psychiatry, to administer an Employ
Assistance Program, beginning June 1, 1995 for a three-year
period, renewable annually.
RESOLUTION 94815
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 Texas Tech University Health
Sciences Center Department of Psychiatry, for the City of Lubbock Employee Assistance
Program (EAP), 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 27th day of April, 1995.
/s/ David R. Lansg ton
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing Director
Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Contract between the City of Lubbock and Texas Tech University Health
Sciences Center Department of Psychiatry is filed with Resolution No. 4815.
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City Council Minutes
April 27, 1995
Page 280
The City of Lubbock currently provides an Employee Assistance
Program (EAP) to assist employees and their immediate family
members in dealing with problems associated with substance
abuse, mental and emotional health, financial burdens,
marital/family problems, and work related stress. The EAP
provides confidential counseling services to help relieve the burden
of these problems which have a direct impact on work
performance, productivity, and mental health. A Request for
Proposals (RFP) was prepared to solicit responses for these
services.
Eight responses were received for EAP services. The respondents
were:
Managed Care Center for
Addictive/Other Disorders
Employee Assistance Services
A Member of Charter Plains
Behavioral Health System
Lubbock, Texas
Lubbock, Texas
The Center for Psychology & Counseling Lubbock, Texas
West Texas Counseling Services Lubbock, Texas
Lubbock Regional Mental Health
Mental Retardation Center Lubbock, Texas
Interface EAP, Inc. Houston, Texas
Texas Tech University
Health Sciences Center
Department of Psychiatry Lubbock, Texas
Behavioral Health Inc.,
Managed Care Services Houston, Texas
The Benefits Committee reviewed each response and determined
Texas Tech University would best provide the services outlined in
the RFP.
Texas Tech's Department of Psychiatry was selected based on
availability, location and their focus on education and prevention.
Texas Tech's EAP is located in an area which would provide
confidentiality to visiting employees, which is a key factor in
utilization.
The current annual fee for EAP services is $26,750. This cost is
for 5 sessions per incident. The Texas Tech EAP contract will
provide 8 sessions per incident per employee annually. The
Committee determined an additional 3 sessions would enhance the
effectiveness of the EAP program and reduce referrals to more
costly facilities. The annual cost for services with Texas Tech will
be $38,850. At no additional cost, Tech will provide educational
seminars and work group intervention.
Staff recommended that this contract be approved and
implemented.
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City Council Minutes
April 27, 1995
Page 281
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4815 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider the price and condition of sale of Parcel Number
33500-8-270 & 280 at 105 N. Avenue M in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to
Building Homes, Inc., for $1,250 for a 1,750 square foot single-
family home valued at $46,500.
The proposed sale is submitted according to the marketing plan for
the Guadalupe Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. The Housing Rehabilitation
staff recommended approval of the sale.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider the price and condition of sale of Parcel Number
15760-17-190 at 2626 Fir Avenue in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Texas Builders, Inc., for $400. The proposed development is a
new 1,776 square foot single-family residence valued at $49,000.
The land is properly zoned.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on February 1, 1995. The Housing Rehabilitation
staff recommended approval of the sale.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(17.) Consider the price and condition of sale of Parcel Number
15760-17-180 at 2624 Fir Avenue in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Texas Builders, Inc., for $400. The proposed development is a
new 1,776 square foot single-family residence valued at $49,000.
The land is properly zoned.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on February 1, 1995. The Housing Rehabilitation
staff recommended approval of the sale.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve the sale as recommended by
staff. Motion carried: 7 Yeas; 0 Nays.
(18.) BID 413201 Video Pine Inspection System (Water Treatment).
Baker Equipment Company --Video Pipe Inspection System.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
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City Council Minutes
April 27, 1995
Page 282
(19.) BID #13209--Reroof ng Mackenzie Power Station No 2, and
authorize same (Electric Productiogl
RESOLUTION #4816
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 Lydick -Hooks Roofing Company of
Lubbock, Inc., of Lubbock, to furnish all materials and services as bid for the Reroofing
Mackenzie Power Station No. 2 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 27th day of April, 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 g
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 27th day of April, 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 Lydick -Hoods Roofing 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. 13209-- Reroofing Mackenzie Power Station No. 2 in the amount of $97,484.00
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City Council Minutes
April 27, 1995
Page 283
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. Lan sg ton
Mayor
APPROVED AS TO FORM:
Lydick -Hoods Roofing Company. Inc.
CONTRACTOR
By:
TITLE:
Lydick -Hooks Roofing Company
P.O. Box 2605
Lubbock, Texas 79408
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4816 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) BID 913218--Mae Simmons/Rodgers HVAC Renovations, and
authorize same (Building Services).
RESOLUTION #4817
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 Anthony Mechanical, Inc., of
Lubbock, to furnish all materials and services as bid for the Mae Simmons/Rogers HVAC
Renovations 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.
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City Council Minutes
April 27, 1995
Page 284
Passed by the City Council this 27th day of April, 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 27th day of April, 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 Anthony Mechanical, 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. 13218--Mae Simmons/Rodgers HVAC Renovations in the amount of
$47,900.00
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.
W-
City Council Minutes
April 27, 1995
Page 285
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:
Anthony Mechanical. Inc.
CONTRACTOR
By:
TITLE:
Anthony Mechanical, Inc.
P.O. Box 2706
Lubbock, Texas 79408
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4817 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) BID #13222--Lubbock Power & Light Gas Turbine Exhaust
Silencer (Electric Production).
Noise Control Technology Corporation --Lubbock Power & Light
Gas Turbine Exhaust Silencer.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(22.) BID #13227--Fertilizer (Park Maintenance).
Kitten Fertilizer & Supply, Inc.--82 Tn Ammonium Sulfate 21-
0-0, Applied; 159 Tn 16-4-12+2% Iron, Applied.
Terra International, Inc.--410 Bg 16-4-12+5% Iron (50 lb. Bags)
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(23.) BID #13228--Janitorial Paper Supplies Three -Month Pricing
(Central Warehouse).
Dixon Paper Company--72 CS Scott C-Fold Towels - Item
#792010008; 33 CS Toilet Tissue - Item #85401000; 350 BX
Disposable Shop Towels - Item #854010005; 90 CS Multifold
Towels - Item #854010008; 165 CS Jumbo Toilet Paper -
854010016; 2 CS Facial Tissue - Item #854010019.
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City Council Minutes
April 27, 1995
Page 286
Gulf Coast Paper Company--18 CS Wypall Paper Towels - Item
#792010028; 160 CS Roll Towels - Item #854010011.
SJS, Inc.--2 CS Dixie Cups - Item #8540100004.
Unisource--28 CS Hot Drink Cups - Item #854010006.
Time Chemical --I CS Sanitary Pads - Item #854010009; 1 CS
Tampons - Item 48540100010.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(12.) Consider Resolution #4818 authorizing the Mayor to execute
an agreement to allow Lubbock United Neighborhood
Association (LUNA) to offer concessions during the Concert in
the Park series.
RESOLUTION #4818
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 Concession Agreement by
and between the City of Lubbock and the Lubbock United Neighborhood Association,
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 1 Ith day of May, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bettv 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 Concession Agreement is filed with Resolution No. 4818.
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April 27, 1995
Page 287
Carolyn Aliamus, Director of Culture and Leisure Services,
presented staff comments. During the summer of 1994,
concessions were offered by the Sports and Leisure Outdoor
Section for the first time during the Concert in the Park series.
This service was extremely costly with personnel and supply costs
climbing higher than our actual revenue. Costs for 1994 were
approximately $900, generating $225 in revenue.
These concerts are conducted during June and July on various
nights of the week. The concerts are also conducted at different
locations to provide the area neighborhood associations summer
evening entertainment fun for the whole family.
In 1994 staff offered a total of 7 concerts and for 1995 staff has a
total of 11 on the schedule. This year the series has been revamped
to include a wider variety of music and locations. Staff will also
be targeting park areas to enhance the creation for more
neighborhood associations.
This resolution will authorize the Mayor to enter into an agreement
that will enable LUNA to recruit members of the specific
neighborhood association to provide volunteers to sell concessions
for their concert.
The City will provide a Coke trailer with product, cups and ice (the
City will get full credit on any unused portions). Each
neighborhood association will pay the City a fee of $100 to cover
the costs, and they will also pay the City 25 percent of the gross
receipts of anything sold over $100.
The associations are allowed to sell souvenirs including T-shirts
and caps. They are also allowed to sell candy and additional food
items at their own cost. These associations will not be allowed to
prepare food on the site due to health permit regulations.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Sitton to authorize Resolution #4818 as
recommended by staff. Motion carried: 6 Yeas; 1 Nay--
Councilmember Hernandez.
(24.) ZONE CASE NO. 2752 (4902 and 4904 66th Street) --Hold a
public hearing to consider request of Steve Duncan for a
zoning change from R-1 to R-2 (for duplexes) on Lots 17 and
18, Block 5, Avalon Addition, and consider ordinance.
ORDINANCE #9796
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2752; A ZONING CHANGE FROM R-1 TO R-2
'~ ZONING ON LOTS 17 & 18, BLOCK 5, AVALON ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:42 a.m.
Steve Duncan appeared to present this request for zone change
from R-1 to R-2.
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April 27, 1995
Page 288
No one appeared in opposition. Mayor Langston closed the hearing
at 10:44 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is an in -fill along a row of duplex lots north of 66th. Mr.
Henson gave the adjacent land use relationships as follows:
North - residential
South - commercial
East - duplex zoning
West - duplex zoning
The request is consistent with both Comprehensive Land Use Plan
policy and zoning policy. The request will have no effect on
traffic.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9796 as recommended by the P&Z and City staff. Motion
carried: 7 Yeas; 0 Nays.
(25.) ZONE CASE NO. 1756-C (north of 4th Street and east of
Indiana Avenue) --Hold a public hearing to consider request of
Lloyd Croslin (for Ellis Development Company) for a zoning
change from C-2A to A-2 (for apartments) on all of Tracts AB,
CD, E and G; the south 162 feet of Tract F; and the north 395
feet of Tract H; Westhaven Addition, and consider ordinance.
ORDINANCE #9797
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1756-C; A ZONING CHANGE FROM C-2A TO A-2
ZONING ON ALL OF TRACTS AB, CD, E AND G, THE SOUTH 162 FEET OF
TRACT F, AND THE NORTH 395 FEET OF TRACT H, WESTHAVEN ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:45 a.m.
Lloyd Croslin appeared on behalf of Ellis Development Company
to present this request for zone change from C-2A to A-2.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:46 a.m.
City Council Minutes
April 27, 1995
Page 289
Randy Henson, Senior Planner, presented staff comments. The
request for apartment zoning will bring this parcel into
conformance with the Comprehensive Land Use Plan and most of
the adjacent land uses/zoning. Mr. Henson gave the adjacent land
use relationships as follows:
North - A-2 and single family zoning - most of the R-1
-- is north of the playa
South - 4th Street and Texas Tech, and one single-family
home
East - apartments and single-family
West - apartments
The zone case will remove the existing case commercial (C-2A)
zoning and zone the area to be consistent with the Comprehensive
Land Use Plan for apartments. One resident on the south of the
tract appeared at the Planning and Zoning Commission meeting in
opposition to the apartments. The home has been on 4th Street for
many years; the parcel is zoned A-2.
By the time these units are on-line, 4th Street will be built to seven
lanes. The additional traffic should not cause any significant
problems.
The Planning 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 #9797
as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0
Nays--Councilmember Hernandez excused and recused himself
from any discussion and voting on this item.
(26.) ZONE CASE NO. 2753 (southeast corner of 4th Street and
Frankford Avenue) --Hold a public hearing to consider request
of Hugo Reed and Associates (for Fluke Trusts Partnership
for a zoning change from R-1 Specific Use to C-3 (for a
restaurant and strip center) on a portion of Tract A, Treasure
Island Addition, and consider ordinance.
ORDINANCE 99798
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2753; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-3 ZONING ON A PORTION OF TRACT A, TREASURE ISLAND
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 10:48 a.m.
Bernie Gradel, Jr., appeared on behalf of Fluke Trusts Partnership
to present this request for zone change from R-1 Specific Use to C-
3.
No one appeared in opposition. Mayor Langston closed the hearing
at 10:50 a.m.
City Council Minutes
April 27, 1995
Page 290
Randy Henson, Senior Planner, presented staff comments. This
request is a natural follow-up to the Walmart zone case for
commercial on the corner of the two thoroughfares. Mr. Henson
gave the adjacent land use relationships as follows:
North - commercial
South - commercial
East - commercial
West - commercial
The request is consistent with both the Comprehensive Land Use
Plan and zoning policy. The one concern expressed by staff related
to development is the seven small lots. Without a condition related
to the zoning request to reduce curb cuts on 4th Street and
Frankford Avenue, the public could potentially experience six new
curb cuts on 4th Street within a 500-foot area and six on Frankford
within a 566-foot area. The zone case for Walmart restricted curb
cuts for Walmart and the two out parcels along 4th Street to three
curb breaks. The staff proposed a limit of two curb cuts on 4th
Street and two on Frankford Avenue for this area of land. Using
shared drives should adequately service the property and not cause
a serious deterioration of through traffic on the adjacent
thoroughfares. The staff also requested site plan and construction
material reviews prior to a construction permit. With the seven
small lots possibly being owned by separate businesses,
maintaining a compatibility of design and appearance will require a
lot of coordination and thought by the developer.
The Planning and Zoning Commission recommended approval of
the request subject to the following conditions:
Curb cuts shall be limited to a maximum of two curb cuts
each for 4th Street and Frankford Avenue.
A site plan, including building elevations showing
materials, color and texture, and a detailed landscape and
irrigation plan, shall be submitted to the Planning and
Zoning Commission for approval prior to the issuance of a
building permit.
The staff supports the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on first reading Ordinance #9798 with
conditions recommended by P&Z and City staff. Motion carried: 7
Yeas; 0 Nays.
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April 27, 1995
Page 291
(27.) ZONE CASE NO. 1875-Q-2 (6800 19th Street) --Hold a public
hearing to consider request of Burl Masters (for CMH, Inc.)
for a zoning change from R-1 and C-4 to R-1 Specific Use (for
a mobile home park) on Lot 2, Commanders Addition, and
consider ordinance.
ORDINANCE #9799
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1875-Q-2; A ZONING CHANGE FROM R-1 AND C-4
TO R-1 SPECIFIC USE ZONING FOR A MOBILE HOME PARK ON LOT 2,
COMMANDERS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Langston opened the public hearing at 10:53 a.m.
Burl Masters appeared on behalf of CMH, Inc., to present this
request for zone change from R-1 and C-4 to R-1 Specific Use.
No one appeared in opposition. Mayor Langston closed the hearing
at 11:00 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is expansion of an existing mobile home park. Mr. Henson
gave the adjacent land use relationships as follows:
North - commercial
South - Elm Grove Golf Course
East - R-2, garden/town homes
West - existing mobile home park
As residential, the proposal is consistent with the Comprehensive
Land Use Plan. The proposal is also compatible with zoning
policy. Chapter 15 of the Code of Ordinances outlines
development guidelines for mobile home parks. These are
requirements not subject to change through the zoning process.
The proponent has indicated the intent to comply with all of
Chapter 15.
With a private drive to 19th Street and access to Milwaukee at the
half section on 26th Street, the project should have little effect on
traffic in the area.
With circumstances and land uses surrounding this parcel, the
proposed use is one of few that will create an efficient use of the
property. It is the opinion of the Planning staff that these facilities
are an asset and needed within our community.
The single condition of zoning requested by the staff at the hearing
is a screening fence the full length of the east boundary adjacent to
the R-2 zoned area. An item overlooked by both staff and the
proponent at the Planning Commission hearing was a sign on 19th
Street. With ownership of only 50-feet along 19th Street, an
adequate sign would not be available by the Code of Ordinances.
Mr. Masters proposed a sign and requested that it be made a part of
the Specific Use Permit.
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City Council Minutes
April 27, 1995
Page 292
The Planning Commission recommended approval of the request
subject to the following condition:
A screening fence shall be constructed on the east property
line adjacent to the residentially zoned property (R-2).
With consideration for the sign, the staff supports the
recommendation of the Planning and Zoning Commission.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Sitton to pass on first reading Ordinance #9799
with the condition stated and also to include a signage requirement
as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0
Nays--Councilmember Hernandez was absent from Council
Chambers.
(28.) ZONE CASE NO.2747 (2301 Auburn) --Hold a public hearing
to consider appeal of Linda DeLeon and Marina L. Garcia (for
Jackson Neighborhood Association) for a zoning change from
M-2 to C-2 on Lot 2, Sundown Addition, and consider
ordinance.
ORDINANCE 99800
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2747; A ZONING CHANGE FROM M-2 TO C-2
ZONING ON LOT 2, SUNDOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 11:10 a.m.
Linda DeLeon, Marina L. Garcia and Mikel Ward appeared to
present this request for zone change from M-2 to C-2.
Stan Workman appeared in opposition. Mayor Langston closed the
hearing at 11:37 a.m.
Randy Henson, Senior Planner, presented staff comments. The
request is to rezone a parcel from M-2 to C-2. The request was
denied by the Planning and Zoning Commission.
The residents of the Jackson Neighborhood presented a description
of existing land uses in the area adjacent to Cavazos Junior High
School. The Wilbert Vault Company bought the property in
question, correctly zoned, as a larger parcel with buildings to meet
a need for growth. Since the issue is rezoning property that has
been zoned heavy industrial for 53 years, the planning staff
reviewed the background of the area in greater detail than for most
zone change requests.
Public schools are a permitted use beginning in the R-1 Single -
Family District and have been treated as eligible in any district
since 1942.
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City Council Minutes
April 27, 1995
Page 293
The staff was also careful to point out that City land use policies,
especially since adoption of the first Comprehensive Land Use
Plan in 1975, have never promoted location of either residential or
schools immediately adjacent to industrially zoned property.
However, as noted by Ms. DeLeon in her presentation, the decision
to locate the school at the present site was the result of a complex
set of circumstances and the final choice happened to be located in
the midst of an area zoned R-3, C-4, M-1 and M-2 for the better
part of 50 years.
Mr. Henson gave the adjacent land use relationships as follows:
North - Cavazos athletic fields
South - railroad tracks, City park and residential
East - industrial property
West - industrial property
The area south of Auburn, east of University, was annexed in 1921.
This annexation included the site in question and the Roberts and
McWhorter Subdivision (the Jackson Neighborhood Association).
In 1942, when zoning was adopted for the first time in Lubbock,
two triangles south of the railroad, one north of 2nd Street and west
of Waco Avenue and the other north of 1 st Street and west of
Avenue U were zoned "J" for Industrial. The triangle north of the
railroad, east of University and south of Auburn was zoned "L" for
manufacturing. That original zoning persists today north of the
railroad as "M-2," heavy manufacturing. Parts of the area south of
the railroad have been rezoned to high density apartment zoning
and single family, while one part remains M-1.
In 1975, the Comprehensive Plan paralleled the existing uses
where trailer parks had been built noting "residential" and
indicated "commercial" versus "industrial" for the triangle being
discussed, although the zoning remained M-2. The existing zoning
is not consistent with the Plan.
The Wilbert Vault Company has occupied the property and is
doing business as a permitted use under the current zoning. Should
the zone district for the parcel be changed, the business will be
entitled to continue as legal non -conforming. With non-
conforming status, the business cannot add new structures without
Zoning Board of Adjustment approval, but can continue current
operations until the use has ceased for one year.
The staff expressed a concern that staff needs to look at the issue
from a larger perspective - the entire triangle formed by the
railroad, University Avenue and Clovis Highway. However, that
would not cure the immediate objective for the neighborhood
association of not having this business move in. The zone case is
only a small portion of the M-2 zoning in the area, much less
adjacent M-1 and C-4. Based on both Planning Commission
denial and more than 20 percent opposition, Council approval
would require six affirmative votes.
The staff supports the denial of the Planning and Zoning
Commission, based on the opinion that the zone change will not
remedy the larger land use issues that will remain for this area.
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City Council Minutes
April 27, 1995
Page 294
Mayor Pro Tern Neugebauer expressed a concern that the Council
would be setting a precedent of asking landowners to down zone
their property and that the Council would be taking property rights
away from Wilbert Vault Company if the Council voted to rezone
the area.
Mayor Langston addressed the fact that the neighborhood
association has worked diligently to effect the change in the
character of the neighborhood and that the down zoning would not
injure the landowners in an inequitable manner. Mayor Langston
indicated that the Council should act favorably on the zone change
request since the neighborhood association has taken the initiative
to improve the neighborhood and the area around the school.
Councilmember Ince commented that the zone change would not
adversely affect the present landowners and that the present
landowners can appeal to the Zoning Board of Adjustment for non-
conforming use if they choose to expand the business.
Councilmember Hernandez expressed his appreciation for Wilbert
Vault Company's minority hiring practices and indicated his pro -
business advocacy.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to overrule denial of the zoning change
by the P&Z, to direct staff to conduct a comprehensive land use
plan for the area, and to pass on first reading Ordinance 99800.
Motion carried: 6 Yeas; 1 Nay --Mayor Pro Tern Neugebauer.
Mayor Langston left the Council Chambers at this time and turned
the gavel over to Mayor Pro Tern Neugebauer to preside over the
Council meeting.
(29.) Consider Resolution 44819 authorizing the City Manager to
execute revised standard form interlocal agreements for
animal control services with Lubbock area cities, including
Buffalo Springs Idalou, New Deal, Petersburg, Ransom
Canyon, Shallowater and Wolfforth.
RESOLUTION 44819
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager or his designated representative is hereby authorized and
directed to execute for and on behalf of the City of Lubbock all Interlocal Animal Control
Services Agreements in substantially the same form as the attached Agreements with
various political subdivisions desiring to utilize City of Lubbock animal control services.
Copies of such form Interlocal Animal Control Services Agreements are attached
_..
City Council Minutes
April 27, 1995
Page 295
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 1 Ith day of May, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Charles Overstreet
Charles Overstreet, D.V.M., Animal Control
Supervisor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Interlocal Animal Control Services Agreement is filed with Resolution No.
4819.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. The City of Lubbock has
existing contracts for euthanizing dogs with some of its
neighboring cities that date back to 1979. The fees for this service
range from 50¢ to 75¢, varying according to city. These proposed
contracts allow Lubbock Animal Control to charge a more
equitable fee ($10 for each city) for services offered to these cities.
The involved cities are all in favor of the proposed contracts.
Lubbock Animal Control recommended the approval of this
resolution to assist our neighboring cities with animal services.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4819 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor
Langston and Councilmember Ince were absent from Council
Chambers.
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April 27, 1995
Page 296
(30.) Consider Resolution 94820 authorizing the Mayor to execute
an amendment and pertinent documents which will amend the
CDBG Program to take $20,000 from the CDBG Economic
Development category to CDBG Public Facilities category for
Graco Real Estate Development for sidewalk, curb and gutter
construction.
RESOLUTION 44820
WHEREAS, the City of Lubbock 1994-1995 Community Development Block
Grant Application allocated two hundred forty five thousand dollars ($245,000.00) in the
budget for Economic Development and four hundred sixty-three thousand five hundred
forty-nine dollars ($463,549.00) in the budget for Public Facilities/ Capital
Improvements; and
WHEREAS, the City of Lubbock desires to reallocate twenty thousand dollars
($20,000.00) in the budget from Economic Development to Public Facilities/ Capital
Improvements and
WHEREAS, the City Council of the City of Lubbock finds that it is in the best
interests of the citizens of the City of Lubbock to reallocate said funds; NOW
THEREFORE:
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 memorandum amending
the 1994-1995 Community Development Block Grant Application to reallocate twenty
thousand dollars in the budget from Economic Development to Public Facilities/Capital
Improvements. Said memorandum is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of May, 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 Goy
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the memorandum amending the 1994-1995 Community Development Block
Grant Application is filed with Resolution No. 4820.
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City Council Minutes
April 27, 1995
Page 297
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. Graco Real Estate
Development has approached the City of Lubbock for economic
development/infrastructure assistance. In the proposed
redevelopment of this property, a medical clinic will be built to
provide medical services for the surrounding communities,
particularly affecting the Jackson and Arnett -Benson
neighborhoods. These two neighborhoods are low/moderate areas
of the CDBG program.
Bob Muzyka, a representative of Graco Real Estate Development,
indicated that the clinic, sponsored by St. Mary of the Plains
Hospital, will be benefiting low/moderate income persons in those
areas. This project also assists the revitalization of these areas,
given the proposed east -west Freeway that will displace businesses
along 4th Street. Graco Real Estate will retain ownership of the
property, and St. Mary's Hospital will lease the land. Graco Real
Estate has requested that the City assist with this project by
providing $20,000 for the construction of a sidewalk on the
perimeter of the property located at 301 North University. This
estimate was obtained from Lee Lewis Construction Company,
which has contracted for the other parts of the project.
On February 25, 1994, the City Council approved an economic
development project with CDBG monies for $245,000 to undertake
direct financial assistance and commercial facade improvements
for businesses. Staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #4820 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Langston was absent from Council Chambers.
(31.) Consider Resolution #4821 authorizing the Mayor to execute
on behalf of the City a revolving loan funding, agreement with
the South Plains Association of Governments.
RESOLUTION #4821
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 Revolving Loan Funding
Agreement between the City of Lubbock and South Plains Association of Governments
to make available financial assistance for eligible businesses through the continued use of
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City Council Minutes
April 27, 1995
Page 298
the CDBG funds from the City of Lubbock in the SPAG Revolving Loan Fund. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of May, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sylvia A. Martinez -Flores
Sylvia A. Martinez -Flores, Manager
Community Development/Neighborhood Initiatives
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the Revolving Loan Funding Agreement is filed with Resolution No. 4821.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. The City of Lubbock has
provided a total of $125,000 in Community Development Block
Grant (CDBG) funds to the South Plains Association of
Governments' Revolving Loan Fund between 1989 and 1994,
pursuant to the Housing and Development Act of 1974, as
amended to 42 U.S.C. 5301 et. seq., and 24 CFR 570 et. seq.
The previous agreement has expired. Since the remaining funds in
the revolving fund are considered program income by the U.S.
Department of Housing and Urban Development (HUD), an
agreement needs to be in place. As of February 28, 1995, $87,094
is in the revolving loan account, with forecasted repayment income
of $68,657.
The loans are to be used for the purpose of providing economic
development funds to businesses and projects eligible under the
CDBG guidelines; the revolving plan funds will be used to assist
low/moderate income individuals in the CDBG area in the City of
Lubbock.
As part of the City Council's directive to develop partnerships in
the community, the South Plains Association of Governments and
the City of Lubbock have developed a true partnership, which has
assisted over six different businesses in the Community
Development area. Staff recommended entering into a three-year
agreement beginning April 27, 1995.
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April 27, 1995
Page 299
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #4821 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Langston was absent from Council Chambers.
Mayor Langston returned to Council Chambers and presided over
the Council meeting.
(32.) Consider Resolution 44822 authorizing the Mayor to designate
8500,000 from Hotel/Motel Tax Reserve effective October
1995, for the development of a facility to house the Fine Arts
Center, Buddy Holly Display, and Visitor Information Center.
RESOLUTION 94822
WHEREAS, the City Council of the City of Lubbock is granted authority by
Chapter 351 of the Tax Code to expend Municipal Hotel Occupancy taxes for visitor
information centers; and
WHEREAS, the City of Lubbock has many attractions that it deems to be of
interest to visitors to the City; and
WHEREAS, a suitable location is needed for the display of such items of interest
as the Buddy Holly memorabilia display and fine arts; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of
the City of Lubbock to designate a portion of the municipal hotel occupancy tax reserve
fund for such a facility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves the designation
of $500,000 of the municipal hotel occupancy tax reserve fund for dedication to a Visitor
Information Center/Fine Arts Center/Buddy Holly Display for the City of Lubbock and
such funds are to be reserved until such time as needed for the said Visitor Information
Center/Fine Arts Center/Buddy Holly Display.
Passed by the City Council this 27th day of May, 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Director of Culture/
Leisure & Recreation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
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City Council Minutes
April 27, 1995
Page 300
Carolyn Aliamus, Director of Culture and Leisure Services,
presented staff comments. In October 1994, the Hotel/Motel Tax
Review Committee made a recommendation to the City Council in
regard to product development. The recommendation stems from
the lack of a suitable Fine Arts Center, the recent acquisition of the
Buddy Holly Collection, and a need for a central distribution of
visitor information. The proposal presented the development of a
facility to house the Fine Arts Center, Buddy Holly Display and
Visitor Information Center. The committee's recommendation is
supported by the Goals for the 21 st Century subcommittee on
Culture, Recreation, Arts, and the Municipal Arts.
With the designation of hotel/motel tax dollars, staff can begin the
process of preparing the appropriate documentation in order to
raise the additional funds needed to complete the center. The
designation of funds will be used as a challenge grant in order to
raise money from foundations, grants and local fundraising efforts.
The proposed Fine Arts/Buddy Holly/Visitor Information Center is
estimated to cost $2 million dollars. All preparations regarding
this project will be presented to Council prior to any expenditure
made from the designated amount.
It is the commitment of staff to raise the additional $ 1. 5 million to
execute this project.
City staff recommended designating $500,000 of Hotel/Motel Tax
Reserve funds for the development of a cultural amenity that will
be the home of the Lubbock Fine Arts Center, Visitor Information,
and the Buddy Holly Collection. Staff will not expend funds for
the project until site, programming and additional funding is raised
to complete the center.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to authorize Resolution #4822 as
recommended by staff. Motion carried: 6 Yeas; 1 Nay--
Councilmember Hernandez.
(33.) Consider Ordinance #9801 amending the allocation of
Hotel/Motel Occupancy Tax effective October 1995
ORDINANCE #9801
AN ORDINANCE AMENDING SECTION 26-22, SUBSECTION (b)(2) OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH
REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Carolyn Aliamus, Director of Culture and Leisure Services,
presented staff comments. The hotel/motel occupancy tax is a levy
upon the cost of any room furnished by a hotel, where such cost of
occupancy is at the rate of $2.00 or more per day and if the
occupant's use extends for a period of less than 30 days.
Collection of this tax is the responsibility of the Finance
Department.
The Hotel/Motel tax rate is 7 percent for the city and 6 percent for
the state, for a total of 13 percent. Each taxing entity collects its
portion of the tax.
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City Council Minutes
April 27, 1995
Page301
In April 1994, the City Council appointed a 15-member advisory
committee to analyze the current distribution of tax and make
recommendations on coordination and consolidation of the funds.
The advisory committee presented their recommendations to the
City Council in October 1994. The Council advised the committee
to present the recommendations to entities related to the
reallocation. The committee's goal is to position Lubbock as a
national convention and tourism destination and create a
centralized marketing entity to promote Lubbock, and to reallocate
the hotel/motel tax in order to achieve the goal. This goal and the
proposed reallocation was presented to nine entities. All entities
endorsed the proposal.
The proposed reallocation of hotel/motel occupancy tax is as
follows:
Debt service for Renovation of Municipal Civic Center
with excess dedicated to Civic Center marketing efforts
2 cents
This allocation will serve as debt service on $2 million dollars with
excess dedicated to marketing Civic Center and Coliseum. The
renovation project is targeted to interior updating of facility.
Convention and Tourism Bureau 3 cents
The Convention and Tourism Bureau efforts will focus on an
aggressive marketing plan targeting leisure, convention and group
travelers. The main objective will be to fill hotel rooms and
advertise Lubbock's cultural amenities.
Lubbock Arts Alliance
4/10 cent
The Lubbock Arts Alliance will continue to assist in underwriting
local cultural arts related programming for non-profit organization.
Municipal Arts Administration 4/10 cent
The Municipal Arts Department will utilize funds to offset
administrative costs associated with the development and operation
of Fine Arts Center/Buddy Holly Display.
Inbound Tourist Travel Airport Marketing 7.5/100 cent
The Lubbock International Airport will use funds to market and
promote accessibility to Lubbock.
Visitor Information Center Administration 7.5/100 cent
Funds will be used to underwrite administrative and operation
costs associated with running a central distribution center for
visitor information on Lubbock.
Visiting Participatory & Spectator Sports Marketing
8/10 cent
301
City Council Minutes
April 27, 1995
Page 302
Sports Marketing efforts will be geared toward recruiting all types
of sporting events to Lubbock in order to generate additional
overnight stays.
Tourism Reserve Fund 1 /4 cent
Fund to be used for special projects that have a positive impact in
making Lubbock a travel destination.
The proposed reallocation will be effective October 1, 1995.
City staff recommended Council approval of tax reallocation.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to authorize Resolution #9801 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(34.) Consider Resolution #4823 authorizing the Mayor to create a
temporary committee whose purpose shall be to work with the
board of directors of both Civic Lubbock, Inc., and
Convention and Tourism Bureau of Lubbock Inc. in order to
bring about a merger of the two corporations
RESOLUTION #4823
WHEREAS, Civic Lubbock, Inc., and the Convention and Tourism Bureau of
Lubbock, Inc., both Texas not for profit corporations, have been created to assist the City
of Lubbock with regard to its municipal operations; and
WHEREAS, since the duties and functions of such corporations are very similar,
the City Council of the City of Lubbock deems it to be in the best interest of the citizens
of the City of Lubbock to work toward combining such corporations into a single
corporation to perform the duties and functions of both corporations; and
WHEREAS, the City Council deems it advisable to establish a committee to
facilitate the merger of said corporations into a single corporation which will better serve
the citizens of the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
appoint one member of the City Council to serve with the President and Vice President of
Civic Lubbock, Inc., and the Convention and Tourism Bureau of Lubbock, Inc., as a
temporary committee to facilitate the merger of Civic Lubbock, Inc., and the Convention
and Tourism Bureau of Lubbock, Inc., into a single not for profit corporation to serve the
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City Council Minutes
April 27, 1995
Page 303
City of Lubbock in its municipal functions. The term of such committee members shall
be until such time as a merger of the two corporations into a single not for profit
corporation combining the functions of both corporations has been accomplished.
Passed by the City Council this 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte'
Debra Forte', Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Carolyn Aliamus, Director of Culture and Leisure Services,
presented staff comments. In April 1994, City Council appointed a
15-member committee to analyze the use of the hotel/motel
occupancy tax and recommended ways to consolidate and
coordinate efforts. The Committee made their recommendations to
City Council in October 1994. The Hotel/Motel Tax Committee
goal is to position Lubbock as a national convention and tourism
destination and create a centralized marketing entity to promote
Lubbock.
In order to centralize and coordinate marketing efforts, the
committee recommended the creation of one marketing entity for
the City of Lubbock.
The temporary committee will be comprised of President and Vice -
President, Civic Lubbock, Inc.; President and Vice -President,
Convention and Tourism Bureau of Lubbock, Inc.; and one
member of the Lubbock City Council appointed by the Mayor.
The committee will be charged with facilitating the merger of
Civic Lubbock, Inc., and the Convention and Tourism Bureau of
Lubbock, Inc., into a single non-profit corporation. The
corporation will serve until the merger is completed
The corporation will be responsible for marketing, entertainment,
_ travel, tourism and sports on behalf of Lubbock. Funding for the
corporation will be from the hotel/motel occupancy tax and net
revenues generated from concession sales at the Municipal
Auditorium/Coliseum and Civic Center, novelty sales and Select -
A -Seat.
City staff recommended the appointment of a temporary committee
to facilitate the merger of Civic Lubbock, Inc., and the Convention
and Tourism Bureau of Lubbock, Inc.
303
City Council Minutes
April 27, 1995
Page 304
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to authorize Resolution #4823 as
recommended by staff and to instruct the committee to proceed as
expeditiously as possible. Motion carried: 7 Yeas; 0 Nays.
(35.) Consider Ordinance #9802 amending Chapter 28 of the Code
of Ordinances of the City of Lubbock, Texas, with regard to
wastewater systems, including changes to the sewer surcharge
program.
ORDINANCE #9802
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
TAPPING MAINS; PURPOSE AND POLICY; DEFINITIONS; CONSTRUCTION OF
ON -SITE SEWERAGE SYSTEMS; RATES CHARGED FOR SEWER SERVICE;
PAYMENT FOR SANITARY SEWER LINE BLOCKAGES; PAYMENT FOR
TREATMENT OF WASTE WATER SPILLAGE; GENERAL DISCHARGE
PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS; EXCESSIVE
DISCHARGE; ACCIDENTAL DISCHARGE; HAZARDOUS WASTE DISCHARGES;
UPSET; APPLICATION SIGNATORIES AND CERTIFICATION; WASTEWATER
DISCHARGE PERMIT MODIFICATION; WASTEWATER DISCHARGE PERMIT
APPEALS; PRELIMINARY TREATMENT FACILITIES; SEPTIC TANK
EMPTYING; BASELINE MONITORING REPORTS; REPORTS FROM
UNPERMITTED USERS; NOTICE OF VIOLATION; BYPASS; PENALTIES;
FALSIFYING INFORMATION; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Terry Ellerbrook, Director of Water Utilities, presented staff
comments. Lubbock's sewer surcharge program is intended
primarily to protect the wastewater facilities from excessive
strength waste and possible permit violations and to comply with
requirements of the Clean Water Act. Permit violations have
occurred in the past due to excessive strength waste entering the
treatment plants, and these violations are projected to continue
unless the strength of the raw sewage entering the plants is
reduced.
The strength of waste being produced by surcharge customers has
increased steadily for several years. This is of particular concern
because the City recently acquired a federal wastewater permit
which requires development of a pretreatment program to ensure
that the treatment facilities are adequately protected from high
strength waste. Once this pretreatment program is approved, the
City will be subjected to Environmental Protection Agency
oversight and enforcement and to potential fines for non-
compliance. Also, new Texas Natural Resource Conservation
Commission (TNRCC) permit limits are expected to be lower than
current limits, and the new treatment facilities which are currently
under construction are not projected to be able to consistently treat
excessive strength waste to permitted levels. Another significant
factor is that the TNRCC has been very understanding concerning
permit compliance during the construction phase, but will expect
compliance once the construction is complete.
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City Council Minutes
April 27, 1995
Page 305
Staff recommended two changes to correct the problems with the
surcharge system. First, total cost recovery of actual treatment
costs should be required of surcharge customers. This could result
in an increase of up to 73 percent in surcharge cost, assuming
industries continue to send the same strength of waste for
treatment. However, it is likely that industries can reduce the
strength of waste being discharged, and reduce their surcharge, by
improving management practices and/or providing pretreatment
prior to discharge. The objective of the surcharge is not to produce
revenue, but to reduce the strength of waste entering the plant and
reduce the possibility of permit violations. Staff recommended
that this rate increase become effective by October 1, 1995. This
date is recommended because 1) new construction will be complete
and TNRCC will expect compliance, 2) the new, more restrictive
permit limits will be in effect, 3) the EPA pretreatment program
oversight will be in effect, and 4) the season of high strength
influent will begin at that time.
The second recommended change would add a penalty of up to the
State maximum (currently $10,000 per day per violation) to the
ordinance to prevent shock loading from industry, specifically for
Biochemical Oxygen Demand (BOD) exceeding 3,000 mg/1(daily
average) or 5,000 mg/1(grab limit). This penalty would be
implemented immediately to prevent potential fines from the
TNRCC of up to $10,000 per day and/or from the EPA of up to
$25,000 per day.
These changes will result in Lubbock's surcharges to industry
becoming more in line with other Texas cities, but the rates will
still remain substantially less than the average. The industries will
be charged no more than the actual cost of treatment for the waste
they generate, and the Clean Water Act requirement of equitable
cost recovery will be met. Finally, the risk of possible permit
violations will be substantially reduced.
Other changes to Chapter 28 of the Code of Ordinances are
required to comply with the requirements of the City's NPDES
(EPA) permit which became effective on July 1, 1994. In
accordance with this permit, the City is required to develop an
EPA approved pretreatment program by July 1, 1995. The
proposed changes will ensure that Lubbock's pretreatment program
and sewer ordinance are in compliance with all applicable State
and Federal laws. The changes are consistent with current
practices and should have minimal impact on existing or future
sewer system users.
The proposed surcharge system changes are necessary to prevent
possible State and Federal permit violations and protect against
fines. The other changes to Chapter 28 of the Code of Ordinances
are required by the EPA prior to approval of the City's
pretreatment program. Staff recommended approval of this item.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Ince to pass on first reading Ordinance #9802 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
305
City Council Minutes
April 27, 1995
Page 306
(36.) Consider Resolution 44824 nominating United Supermarket
9501 for enterprise zone project designation.
RESOLUTION 44824
WHEREAS, the Texas Department of Commerce ("Commerce") designated the
Lubbock North Enterprise Zone (the "Zone") on June 7, 1993 and amended said zone on
February 11, 1994; and
WHEREAS the City Council for the City of Lubbock, Texas desires to pursue the
creation of the proper and social environment in order to induce the investment of private
resources in productive business enterprises located in enterprise zones and to provide
employment to residents of the enterprise zones and to other economically disadvantaged
individuals; and
WHEREAS, the Texas Department of Commerce will only consider an enterprise
project application from UNITED SUPERMARKETS, INC., #501 pursuant to a
nomination and an application made by the City of Lubbock, provided UNITED
SUPERMARKETS, INC., #501 is located in a designated enterprise zone within its
jurisdiction; and
WHEREAS, pursuant to the Texas Enterprise Zone Act (Chapter 2303 of the
Government Code), UNITED SUPERMARKETS, INC., #501 has applied to the City of
Lubbock for designation as an enterprise project; and
WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC.,
#501 meets the criteria for designation as an enterprise project under Section 2303.403 of
the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974).
UNITED SUPERMARKETS, INC., #501 is a qualified business under
Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd
Leg.Ch. 974) since it will be engaged in the active conduct of a trade or
business in the enterprise zone and at least twenty-five percent (25%) of
the business employees will be residents of the Lubbock Enterprise Zone
or economically disadvantaged individuals. A Qualified Business
Certification to comply with this provision by the Applicant is attached
hereto as Exhibit A and made a part hereof for all purposes.
2. UNITED SUPERMARKETS, INC., #501 is located in an enterprise zone
which has an unemployment rate of one and one-half ( 1'/2) times the state
unemployment rate and is an economically distressed area because it has a
zone poverty rate of at least twenty percent (20%).
There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities within the enterprise zone; and
4. The designation of UNTIED SUPERMARKETS, INC., #501 as an
enterprise project will contribute significantly to the achievement of the
plans of the City of Lubbock for the development and revitalization of the
enterprise zone.
WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC.,
#501 meets the criteria for tax relief and other incentives adopted by the City of Lubbock
and nominates UNITED SUPERMARKETS, INC., #501 on the grounds that it will be
located wholly within the enterprise zone, and will create a higher level of employment,
economic activity and stability; and
il•,
City Council Minutes
April 27, 1995
Page 307
WHEREAS, the City of Lubbock finds that it is in the best interest of the City of
Lubbock to nominate UNITED SUPERMARKETS, INC., #501 as an enterprise project
pursuant to the Act; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the findings of the City Council and its action approving this resolution
taken at the Council meeting are hereby approved as adopted.
BE IT FURTHER RESOLVED that UNITED SUPERMARKETS, INC., #501 is
a "qualified business," as defined in Section 2303.401 of the Government Code (Section
2 of Acts 1993, 73rd Leg.,Ch. 974), and meets the criteria for designation as an enterprise
project, as set forth in Section 2303.403 of the Government Code (Section 3 of Acts
1993, 73rd Leg.,Ch. 974) of the Texas Enterprise Zone Act.
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the
date of approval and designation of the enterprise project by the Texas Department of
Commerce and terminate five (5) years after that date of designation.
Passed by the City Council this 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Joel Beesinger
Joel Beesinger, Interim Director of
Business Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Letter, Exhibits A, B and C are filed with Resolution No. 4824.
Joel Beesinger, Interim Director of Business and Economic
Development, presented staff comments. United Supermarkets
plans to build a new store in the north enterprise zone at the corner
of Parkway and Zenith. They have requested that the City
nominate them for enterprise zone project designation. This would
be the first enterprise zone project that staff has done. In this
process, the City of Lubbock has to file an application with the
Texas Department of Commerce, a resolution must be passed by
the City Council, and a letter must be signed by the Mayor stating
that the City of Lubbock would like to nominate United #501 as an
enterprise zone project.
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City Council Minutes
April 27, 1995
Page 308
By being designated an enterprise zone project, United #501 would
have access to state incentives such as:
Refund of up to $1.25 million in state sales or use tax paid
on taxes paid for building materials and machinery and
equipment for use in the enterprise zone by a state -
designated enterprise project at the rate of no more than
$250,000 per year. The project is allowed up to $2,000
refund for each of 110 percent of the new or retained
permanent jobs the designated project commits to create in
its application for a 5-year designation period for up to 625
jobs. Jobs are certified by the Texas Department of
Commerce to have been created, and taxes are verified by
the State Comptroller of Public Accounts to have been paid
on qualified items before refund is made.
Franchise tax reductions for state -designated enterprise
proj ects.
Once the application has been filed, the Texas Department of
Commerce will make a decision whether to grant the project
designation. These designations are made on a competitive basis.
United Store #501 will create 75 new jobs and retain 50 jobs in the
north enterprise zone. This designation will allow them to access
state incentives as well as local enterprise zone incentives.
This project will aid in obtaining the objective of the City which is
to create the proper economic and social environment to induce
investment of private resources in productive business enterprises
located in severely distressed areas of the City, such as the north
enterprise zone, and provide employment to residents of such
areas. Staff recommended approval of the resolution nominating
United Store #501 for enterprise zone project designation.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4824 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(37.) Consider Resolution 44825 nominating United Supermarket
4503 for enterprise zone project designation.
RESOLUTION #4825
WHEREAS, the Texas Department of Commerce ("Commerce") designated the
Lubbock North Enterprise Zone (the "Zone") on June 7, 1993 and amended said zone on
February 11, 1994; and
WHEREAS the City Council for the City of Lubbock, Texas desires to pursue the
creation of the proper and social environment in order to induce the investment of private
resources in productive business enterprises located in enterprise zones and to provide
employment to residents of the enterprise zones and to other economically disadvantaged
individuals; and
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City Council Minutes
April 27, 1995
Page 309
WHEREAS, the Texas Department of Commerce will only consider an enterprise
project application from UNITED SUPERMARKETS, INC., #503 pursuant to a
nomination and an application made by the City of Lubbock, provided UNITED
SUPERMARKETS, INC., #503 is located in a designated enterprise zone within its
jurisdiction; and
WHEREAS, pursuant to the Texas Enterprise Zone Act (Chapter 2303 of the
Government Code), UNITED SUPERMARKETS, INC., #503 has applied to the City of
Lubbock for designation as an enterprise project; and
WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC.,
#503 meets the criteria for designation as an enterprise project under Section 2303.403 of
the Government Code (Section 3 of Acts 1993, 73rd Leg.,Ch. 974).
UNITED SUPERMARKETS, INC., #503 is a qualified business under
Section 2303.401 of the Government Code (Section 2 of Acts 1993, 73rd
Leg.Ch. 974) since it will be engaged in the active conduct of a trade or
business in the enterprise zone and at least twenty-five percent (25%) of
the business employees will be residents of the Lubbock Enterprise Zone
or economically disadvantaged individuals. A Qualified Business
Certification to comply with this provision by the Applicant is attached
hereto as Exhibit A and made a part hereof for all purposes.
2. UNITED SUPERMARKETS, INC., #503 is located in an enterprise zone
which has an unemployment rate of one and one-half ( 1'/2) times the state
unemployment rate and is an economically distressed area because it has a
zone poverty rate of at least twenty percent (20%).
3. There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities within the enterprise zone; and
4. The designation of UNTIED SUPERMARKETS, INC., #503 as an
enterprise project will contribute significantly to the achievement of the
plans of the City of Lubbock for the development and revitalization of the
enterprise zone.
WHEREAS, the City of Lubbock finds that UNITED SUPERMARKETS, INC.,
#503 meets the criteria for tax relief and other incentives adopted by the City of Lubbock
and nominates UNITED SUPERMARKETS, INC., #503 on the grounds that it will be
located wholly within the enterprise zone, and will create a higher level of employment,
economic activity and stability; and
WHEREAS, the City of Lubbock finds that it is in the best interest of the City of
Lubbock to nominate UNITED SUPERMARKETS, INC., #503 as an enterprise project
pursuant to the Act; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the findings of the City Council and its action approving this resolution
taken at the Council meeting are hereby approved as adopted.
BE IT FURTHER RESOLVED that UNITED SUPERMARKETS, INC., #503 is
a "qualified business," as defined in Section 2303.401 of the Government Code (Section
2 of Acts 1993, 73rd Leg.,Ch. 974), and meets the criteria for designation as an enterprise
project, as set forth in Section 2303.403 of the Government Code (Section 3 of Acts
1993, 73rd Leg.,Ch. 974) of the Texas Enterprise Zone Act.
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City Council Minutes
April 27, 1995
Page 310
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the
date of approval and designation of the enterprise project by the Texas Department of
Commerce and terminate five (5) years after that date of designation.
Passed by the City Council this 27th day of April, 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Joel Beesinger
Joel Beesinger, Interim Director of
Business Development
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Letter, Exhibits A, B and C are filed with Resolution No. 4825.
Joel Beesinger, Interim Director of Business and Economic
Development, presented staff comments. United Supermarkets
plans to build a new store in the north enterprise zone at 106 N.
University. They plan to tear down the present 10,000 square feet
store and build a new one of 55,000 square feet. They have
requested that the City nominate them for enterprise zone project
designation. This would be the first enterprise zone project that
staff has done. In this process, the City of Lubbock has to file an
application with the Texas Department of Commerce to nominate
United #503 as an enterprise zone project, a resolution must be
passed by the City Council, and a letter must be signed by the
Mayor stating that the City of Lubbock would like United #503
designated as an enterprise zone project.
By being designated an enterprise zone project, United 4503 will
have access to state incentives such as:
Refund of up to $1.25 million in state sales or use tax paid
on taxes paid for building materials and machinery and
equipment for use in the enterprise zone by a state -
designated enterprise project at the rate of no more than
$250,000 per year. The project is allowed up to $2,000
refund for each of 110 percent of the new or retained
permanent jobs the designated project commits to create in
its application for a 5-year designation period for up to 625
jobs. Jobs are certified by the Texas Department of
Commerce to have been created, and taxes are verified by
the State Comptroller of Public Accounts to have been paid
on qualified items before a refund is made.
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City Council Minutes
April 27, 1995
Page 311
Franchise tax reductions for state -designated enterprise
proj ects.
Once the application has been filed, the Texas Department of
Commerce will make a decision whether to grant the project
designation. These designations are made on a competitive basis.
United Store #503 will create 75 new jobs and retain 50 jobs in the
north enterprise zone. This designation will allow them to access
state incentives as well as local enterprise zone incentives.
Staff recommended approval of the resolution nominating United
Store #503 for enterprise zone project designation. This project
will aid in obtaining the objective of the City to create the proper
economic and social environment to induce investment of private
resources in productive business enterprises located in severely
distressed areas of the City, such as the north enterprise zone, and
provide employment to residents of such areas.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4825 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(38.) Consider Ordinance #9803 authorizing the issuance of "City of
Lubbock, Texas, Tax and Airport Surplus Revenue
Certificates of Obligation, Series 1995"; levying an ad valorem
tax upon all taxable property in the City and providing for a
pledge of the Surplus Revenues of the City's Airport for the
payment of said Certificates; prescribing the terms and details
of such Certificates and resolving other matters incident and
related to the issuance, sale, security, payment and delivery of
said Certificates, including the approval of a Paying
Agent/Registrar Agreement and the approval and distribution
of an Official Statement pertaining thereto; and providing an
effective date.
ORDINANCE #9803
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM TAX UPON ALL
TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A PLEDGE OF THE
SURPLUS REVENUES OF THE CITY'S AIRPORT FOR THE PAYMENT OF SAID
CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING
AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
Mark Hindman, Director of Support Services, presented staff
comments. The three ordinances are the next required step in the
issuance of bonds discussed with Council during the March
Council meetings. The bonds to be sold include: $4,690,000 in
general obligations approved in the May 1993 election for branch
library construction, park improvements and installation of a traffic
control -fire pre-empt system; $2,000,000 in certificates of
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City Council Minutes
April 27, 1995
Page 312
obligation for renovations and repairs to the Civic Center; and
$900,000 in certificates of obligation for construction of a freight
taxiway and apron at the Airport. While each of the issues
includes a pledge of the tax base, the Civic Center bonds will be
funded from hotel/motel taxes and the Airport bonds will be
funded from passenger facility charges.
The ordinances were developed by the City's bond counsel,
Fulbright & Jaworski. The format and content of the ordinances is
essentially the same as prior bond ordinances. However, these
ordinances as presented for first reading on April 27 do not include
the interest rates or underwriter who agrees to purchase the bonds.
The reasons for the exclusion of this information are provided
below.
City Charter requires ordinances to be read and approved
twice before they are considered officially approved.
In the past staff has traditionally received the bids and
approved the first reading of the ordinances at a regular
Council meeting and then held a special meeting the next
day for second reading and final approval.
Bids on the bonds will be received and the results tabulated
on May 11, 1995 prior to the Council meeting on that day.
May 11 is the advertised date of sale of the bonds.
Approving an ordinance without the underwriter and
interests rates at the April 27 meeting allows formal bond
issuance on the advertised date of sale (May 11) and avoids
a specially called meeting on Friday, May 12 for a second
reading.
This approach was recommended by both our financial advisor, Joe
Smith with First Southwest, and our bond counsel, Mark
Westergard with Fulbright & Jaworski.
Approval of the first reading of the bond ordinances will eliminate
the need for a special Council meeting on May 12 and allows final
approval on the advertised date of sale of the bonds. Therefore,
staff recommended that the first reading of the ordinances be
approved.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9803 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
April 27, 1995
Page 313
(39.) Consider Ordinance #9804 authorizing the issuance of "City of
Lubbock, Texas, Tax and Hotel Occupancy Tax Surplus
Revenue Certificates of Obligation, Series 1995"; levying an ad
valorem tax upon all taxable property in the Ci , and
providing for a pledge of a portion of the revenues received
from the hotel occupancy tax levied by the City for the
payment of said Certificates; prescribing the terms and details
of such Certificates and resolving other matters incident and
related to the issuance, sale, security, payment and delivery of
said Certificates, including the approval of a Paying
Agent/Registrar Agreement and the approval and distribution
of an Official Statement pertaining thereto; and providing an
effective date.
ORDINANCE #9804
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM
TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A
PLEDGE OF A PORTION OF THE REVENUES RECEIVED FROM THE HOTEL
OCCUPANCY TAX LEVIED BY THE CITY FOR THE PAYMENT OF SAID
CERTIFICATES; PRESCRIBING THE TERMS AND DETAIL OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING
AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9804 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(40.) Consider Ordinance #9805 authorizing the issuance of "City of
Lubbock, Texas, General Obligation Bonds, Series 1995";
sspecifying the terms and features of said bonds; levying a
continuing direct annual ad valorem tax for the payment of
said bonds; and resolving other matters incident and related to
the issuance, sale, payment and delivery of said bonds,
including the approval of a Paying Agent/Registrar Agreement
and the approval and distribution of an Official Statement
pertaining thereto; and providing an effective date.
ORDINANCE #9805
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995";
SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A
-- CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT
AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE.
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City Council Minutes
April 27, 1995
Page 314
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9805 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(41.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1) to discuss personnel
matters (City Secretary.
(42.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Street/Drainage Engineering and
Water Utilities).
(43.) 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:
Building Board of Appeals
Community Development Advisory Committee
Drainage Criteria Advisory Committee
Keep Lubbock Beautiful Advisory Committee
Lubbock Libraries Board
Neighborhood Redevelopment Commission
Permit and License Appeal Board
South Plains Association of Governments of Directors
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City Council Minutes
April 27, 1995
Page 315
There being no further business to come before Council, motion was made by
Councilmember Ince, seconded by Councilmember Patterson to adjourn the meeting at
3:47 p.m. Motion carried: 5 Yeas; 0 Na;
Councilmember Sitton were absent from
ATTEST:
lu C�L
Betty . JohnsA, City Secretary
Read and approved this the 11 th day of May,
ATTEST:
L-tt- �-k �
Betty . Johns , City Secretary
315