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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/14/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 14,1995 12:00 Noon The City Council of the City of Lubbock, Texas, met in regular session on the 14th day of September 1995 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 12:00 Noon. 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 12:05 P.M. (1.) The Invocation was given by J. Robert Massengale, Managing Director of Electric Utilities. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. The City Council recessed into executive session at 12:07 p.m. and reconvened to regular session at 5:05 p.m. (43.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney (44.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A). to discuss pending or contemplated litigation ff ater Utilities] (45.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Culture & Leisure Services). (3.) Motion was made by Councilmember Ty Cooke, seconded by Councilmember Hernandez to approve the minutes of the August 24, 1995, Regular City Council Meeting and the minutes of the August 30, 1995, Special City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. City Council Minutes September 14, 1995 Page 596 ( 4.) ORDINANCE #9832--Zone Case No 2552-A (northwest corner of 16th Street and Orlando Avenue) --Request of Texas Farmhouse Association for a zoning change from A-1 to A-2 (for boarding/rooming house, lodges, sorority and fraternity house and parking) on Lots 3 and 4, Block 2, Cowan Addition ORDINANCE #9832 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2552-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON LOTS 3 & 4, BLOCK 2, COWAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance 49832 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 5.) ORDINANCE #9833--Zone Case No. 2760 (5009 UniversitxL Request of Benny Nixon (for Caprock Medical Center) for a zoning change from C-2A to C-3 Specific Use (for a convenience store with gas sales) on a portion of Lots 1-7, Doctors & Dentist Addition. ORDINANCE #9833 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2760; A ZONING CHANGE FROM C-2A AND C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE WITH GAS SALES ON A PORTION OF LOTS 1-7, DOCTORS & DENTIST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance 49833 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9834--Amend Chapter 2 of Code of Ordinances by repealing Article IV which creates Civic Centers Board. ORDINANCE #9834 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE CIVIC CENTERS ADVISORY BOARD OF THE CITY OF LUBBOCK; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. wit City Council Minutes September 14, 1995 Page 597 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9834 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Ordinance #9835--Amendments to Chapter 27 of the Code of Ordinances with regard to Vehicles for Hire. ORDINANCE #9835 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PERMITTING AND OPERATION OF VEHICLES FOR HIRE WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9835 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) Consider Resolution #4936 assigning a cable television franchise to Universal Cable Communications Inc. from Mission Cable Company, L.P. RESOLUTION #4936 A RESOLUTION TRANSFERRING TO UNIVERSAL CABLE COMMUNICATIONS, A DELAWARE CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CABLE TELEVISION BUSINESS; TRANSFER OF FRANCHISE; ACCEPTANCE OF FRANCHISE; AND A SAVINGS CLAUSE. WHEREAS, the City of Lubbock, a home rule municipal corporation of the State of Texas, has authority to grant non-exclusive franchises under applicable state law and constitutional provisions pursuant to its authority to operate as a home rule municipality and to regulate and control the use of public streets, alleys and right-of- way; and WHEREAS, the City of Lubbock has heretofore granted a franchise by Ordinance No. 8834 to Cablevision of Texas, L.P., which franchise was transferred by Resolution No. 3018 to Mission Cable Company, L.P.; and WHEREAS, Universal Cable Communications, Inc., a Delaware corporation, hereinafter called "Company" desires to obtain the transfer of said franchise and makes the commitments hereunder in consideration of the grant of authority by the City to make use of said public streets, alleys, and right-of-way; and WHEREAS, the City Council, based upon the findings that the Company is an existing Cable System located in an area annexed into the territorial limits of the City after the effective date of Ordinance No. 8554, finds it to be in the public interest to permit transfer of the franchise to the Company upon the terms and conditions hereinafter set forth; NOW THEREFORE: 597 City Council Minutes September 14, 1995 Page 598 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. TRANSFER OF FRANCHISE. Ordinance 8834 granting a cable television franchise to Cablevision of Texas, L.P., and transferred by Resolution No. 3018 to Mission Cable Company, L.P., a Delaware limited partnership, is hereby transferred to Universal Cable Communications, Inc., a Delaware corporation. SECTION 2. ACCEPTANCE OF FRANCHISE. The Company shall, within thirty (30) days from the date of passage of this Resolution by the City Council of the City of Lubbock, file with the City Secretary of the City of Lubbock an executed acceptance of franchise signed by persons that are duly authorized to sign and make such an agreement, in the following form: The Honorable Mayor and the City Council of the City of Lubbock: Universal Cable communications, for themselves, their successors and assigns, hereby accepts Cable Television Franchise Ordinance No. 8834 as finally passed by the City Council of the City of Lubbock on the 24th day of October, 1985, and hereby agrees to be bound by all of its term and provisions as if signatory to the original franchise agreement. COMPANY: UNIVERSAL CABLE COMMUNICATIONS BY: /s Joey Johnston DATE: September 15, 1995 TITLE: Chief Tech SECTION 3. TRANSFER. A Transfer of Franchise in substantially the same form as is attached as Exhibit A, shall be provided to the substituted franchise SECTION 4. SAVINGS CLAUSE. That should any section, paragraph, sentence, clause, phrase or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. Passed by the City Council this 14th day of September 1995. /s/ David R Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Gavino Sotelo Gavino Sotelo, First Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney RE City Council Minutes September 14, 1995 Page 599 According to staff memo, the City originally awarded a 15-year franchise for cable television services to Cablevision of Texas, L.P., in October 1985. In January 1989, with the approval of the City Council, this franchise was assigned to Mission Cable Company, L.P. Mission Cable now wishes to assign this franchise to Universal Cable Communications. Mission Cable Company, L.P., currently serves less than 100 homes in the southwest part of the city and has no plans to expand. Assigning this franchise should not affect service to their customers. Cox Cable has stated that they would be in a position to provide immediate service should this company cease to provide service in this area. Staff recommended that Council approve the assignment of this franchise to Universal Cable Communications. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4936 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) Consider Resolution #4937 authorizing the City of Lubbock to .participate in an EPA grant through the Texas Natural Resource Conservation Commission for establishment of a Wellhead Protection Program. RESOLUTION #4937 WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC) is pursuing a federal grant from the U.S. Environmental Protection Agency to conduct nonpoint source pollution reduction/prevention activities; and WHEREAS, the City of Lubbock recognizes the important of protecting its public water supply wells from contamination; and WHEREAS, the TNRCC has been working with the City in establishing a local Wellhead Protection Program; and WHEREAS, the TNRCC has indicated it will be able to allocate $102,000 for the City of Lubbock for the purpose of establishing a Wellhead Protection Program for public water supply wells; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby agrees to participate in the Wellhead Protection Program as described in Exhibit A, attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 6 City Council Minutes September 14, 1995 Page 600 Passed by the City Council on this the 14th day of September 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/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney According to staff memo, the Texas Natural Resource Conservation Commission (TNRCC) is currently pursuing a federal grant from the Environmental Protection Agency regional office for the purpose of conducting non -point source pollution prevention and reduction activities. Pursuant to this grant application, the TNRCC approached the City of Lubbock to encourage its participation in a $170,000 project to establish a wellhead protection program for the City's public water supply wells. Sixty percent of the project ($102,000) would be provided by the TNRCC from federal funds and the 40 percent balance would come from local, non-federal (City) funds. The City's 40 percent match could be in the form of in -kind services, such as staff time. The City staff would not propose or need additional funding for this project. The proposed program would be a continuation of the work done in 1993 when the League of Women Voters and the City of Lubbock approached the TNRCC to enroll in the wellhead protection program. The TNRCC then delineated wellhead protection areas around some 279 public water supply wells, making Lubbock's water well areas the largest such designated areas in the state. The League of Women Voters and the City of Lubbock subsequently initiated a survey using volunteers to begin the process of locating potential contamination sources. This survey revealed that the most numerous potential contamination sources for Lubbock's public water supply wells are abandoned private water wells and leaking underground storage tanks. The three-year project involves the precise location of all City water wells and potential sources of contamination within the wellhead protection areas, using Global Positioning System (GPS) technology and information. The TNRCC would then generate GIS maps illustrating such items as public water wells, potential contaminant sources, and mitigated potential contaminants. Ultimately, TNRCC would develop a wellhead protection report City Council Minutes September 14, 1995 Page 601 which would describe the potential contaminant sources near the public water supply wells and recommend the best management practices for implementation. In participating in the project, the City would be asked to locate all of its water wells and potential contamination sources using GPS technology and to assist the TNRCC in the mapping of these wells. Roadside markers would be required to define the perimeters of the wellhead protection areas. The adoption or update of an emergency spill response plan would also be required. Also, the City would agree to conduct a public education program to inform citizens of the importance of wellhead protection. The City would also agree to facilitate the plugging of abandoned water wells using federal funds from the grant. Finally, the City would be asked to consider the adoption of a wellhead protection ordinance or ground water protection master plan resolution; however, the City would not be required to adopt an ordinance or other regulatory measure. The City of Lubbock now relies on ground water to supply 15 percent to 25 percent of its annual water supply needs, and the protection of these water resources from contamination is necessary to ensure adequate water for its residents. In view of the fact that the staff believes the proposed TNRCC program to be necessary and reasonable and no additional City funds would be required, the staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4937 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) Consider Resolution #4938 authorizing the Mayor to execute a tax abatement agreement with Town & Country Food Stores, Inc. RESOLUTION #4938 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Town & Country Food Stores, Inc., for industrial tax abatement, which Agreement is attached hereto and 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. 601 City Council Minutes September 14, 1995 Page 602 Passed by the City Council this 14th day of September 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/ Jean E. Shotts. Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the Agreement by and between the City of Lubbock and Town & Country Food Stores, Inc., is filed with Resolution No. 4938. According to staff memo, Town and Country Food Stores has made application for tax abatement in the south enterprise zone. The company will build a new travel center/convenience store facility with gas pumps at 202 50th Street. As a result of the new location, the company agrees to create 20 new jobs within a 12- month period. The estimated construction cost of the new location is $450,000, $1.3 million for furniture and fixtures, and $260,000 in land costs. The requested abatement period is five years at 100 percent of eligible property. Estimated completion time for the new store is 120 days. The base year appraisal value of the property is $96,730. The additional value added to the property is $1.75 million. The total annual amount of tax abatement is $11,200. The total amount of tax abatement for five years is $56,000. Staff recommended the approval of the contract for tax abatement agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4938 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 602 City Council Minutes September 14, 1995 Page 603 (11.) Consider Resolution #4939 authorizing the Mayor to execute a consent to assignment and attornment among the City of Lubbock, Hallmark and Associates, and Norwest Bank. RESOLUTION #4939 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 Consent to Assignment and Attornment of a Lease Agreement by and between the City of Lubbock and Hallmark & Associates, Inc., attached hereto and 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 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of Consent to Assignment and Attornment by and between the City of Lubbock and Hallmark & Associates, Inc., is filed with Resolution No. 4939. According to staff memo, Hallmark and Associates is developing a cargo distribution center at the airport for Federal Express. Under its current lease with the City, Hallmark and Associates has the right, in the event of a default on their part, to assign the lease to the lending institution that provided the funds for the project. Hallmark and Associates is now requesting that an agreement be put into place that formalizes such an arrangement between the City of Lubbock, Hallmark and Associates and Norwest Bank. Should a default occur, Norwest Bank would have the right to continue in Hallmark and Associates' place under precisely the same terms as the original agreement. Staff recommended approval of the resolution. 603 City Council Minutes September 14, 1995 Page 604 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4939 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4940 authorizing acceptance of water and sanitary sewer improvements for Lots 139-194, Westchester Park Addition. RESOLUTION #4940 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 139 THROUGH 194, WESTCHESTER PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 139 through 194, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $75,984.03, with the improvements constructed by Holoman Construction Company having a value of $59,700.70, as determined by the unit prices established by said Chapter 28, and $16,283.33 cash paid to the City, which amount includes $15,091.11 cash for adjacent lines, with W. B. Mantooth, the developer, to receive a refund of $27,770.17 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $27,770.17 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. City Council Minutes September 14, 1995 Page 605 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $75,984.03 including value of construction costs of $59,700.70 and $16,283.33 cash paid to the City of Lubbock. The developer, W.B. Mantooth, will receive a refund of $27,770.17 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4940 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4941 authorizing the Mayor to execute a professional services contract with Henry King and King Consultants, Inc., for asbestos awareness training. RESOLUTION #4941 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract, attached herewith, by and between the City of Lubbock and Henry King and King Consultants, Inc., and any associated documents, which Contract shall be spread upon the minutes of the Council and as 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. 605 City Council Minutes September 14, 1995 Page 606 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison, Environmental Compliance Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Professional Services Contract by and between the City of Lubbock and Henry King and King Consultants, Inc., is filed with Resolution No. 4941. According to staff memo, Henry King and King Consultants, Inc., will provide asbestos awareness training for City of Lubbock personnel who work in or around asbestos -containing building materials. It is in the best interest of the organization and employees to comply with requirements of the Asbestos Hazard Emergency Response Act. The total amount of the contract is $4,000 to train 81 employees. Staff recommended approval of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4941 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution 44942 accepting paving improvements constructed by Armor Asphalt in Crossroads United Methodist Church Addition, Tract A. RESOLUTION #4942 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN AVENUE DESCRIBED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract A, Crossroads United Methodist Church Addition, made arrangements with Armor Asphalt for the construction of paving improvements on a certain avenue dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, such avenue being: •1• City Council Minutes September 14, 1995 Page 607 The West half of Fulton Avenue from the South edge of pavement of 4th Street to .471 feet South, known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned avenue was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned avenue BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements required at the time of platting. These improvements consist of street paving and curb and gutter on the west half of Fulton Avenue from 4th Street to an area 417 feet to the south. There is no City cost due the contractor upon acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4942 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 607 City Council Minutes September 14, 1995 Page 608 (15.) Consider Resolution #4943 authorizing the Mayor to execute a street -use license for street right-of-way encroachments with Southwestern Bell Telephone Company (1410 Broadway). RESOLUTION #4943 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 Street Use License in favor of Southwestern Bell Telephone Company for a building encroachment on portions of street right-of-way, 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 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bet M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Street Use License in favor of Southwestern Bell Telephone Company is filed with Resolution No. 4943. According to staff memo, Southwestern Bell was authorized a street -use license in 1975 for an overhead building encroachment and a basement encroachment in the right-of-way of Broadway and Avenue N. That license recently expired and this new license will replace it. The total area of encroachment totals 2,715 square feet. The cost will be $814.50 per year. This license is for twenty years, payable every five years. The first five-year payment is $4,072.50. The Right -of -Way Department recommended approval of this street -use license. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4943 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. .1: City Council Minutes September 14, 1995 Page 609 (16.) Consider Resolution #4944 authorizing the sale of a parcel of land by the City Council and authorizing the Mayor to execute a special warranty deed in favor of Betenbough & Company Partners, Limited (6419 32nd Street). RESOLUTION #4944 WHEREAS, a 6,999.71 square foot tract of land out of Lot 97, West Side 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 owners 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 $2,500.00, and abutting owner, BETENBOUGH & COMPANY PARTNERS LIMITED, have 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 Special Warranty Deed from the City of Lubbock unto the said BETENBOUGH & COMPANY PARTNERS LIMITED, as Grantee, for a consideration of $2,500.00 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 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 14th day of September 1995. /s/ David-R. Langston DAVID R. LANGSTON, MAYOR ATTEST: // /_ eB ,rty M Jo n on Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ JPff Har 11 Jeff Hartsell, Assistant City Attorney City Council Minutes September 14, 1995 Page 610 A copy of the Special Warranty Deed by and between the City Lubbock and Betenbough & Company Partners Limited is filed with Resolution No. 4944. According to staff memo, when the right-of-way was acquired for the widening of Milwaukee Avenue in 1990, several whole lots were purchased. Only a portion of these lots was used for the actual road construction; unusable remnants remained. The remainder of Lot 97, West Side Addition is considered one of these remnants and can be sold to the abutting property owner. This remnant is located at the southeast corner of Milwaukee Avenue and 32nd Street. It contains approximately 6,999.71 square feet and has an average frontage of approximately 50 feet. The City paid $3,500 for the entire lot which originally had 70 feet of frontage. This equates to a residential front foot price of $50.00 per front foot. Using this $50.00 per front foot times the remaining 50 feet of frontage, staff obtained a value of $2,500 for this remnant. Betenbough & Company Partners Limited owns the abutting property and has agreed to this price. The Right -of -Way Department recommended the sale of this remnant to the Betenbough Company. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4944 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution 44945 authorizing the Mayor to execute a street use license for a narking lot encroachment with Avenue H properties (1901 Avenue G). RESOLUTION #4945 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 Street Use License with Avenue H Properties, Ltd., attached hereto and 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. 610 City Council Minutes September 14, 1995 Page 611 Passed by the City Council this 14th day of September 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 Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Street Use License is filed with Resolution No. 4945. According to staff memo, this street -use license allows the owner of Tract A, Depot District Addition, to utilize a ten -foot portion of Avenue G for a parking lot. Avenue G was dedicated as a 100-foot wide street but only 60 feet of it is being used, leaving a 20-foot parkway on the east and west side. Tract A contains a recently constructed used car lot. The owner wants to use ten feet of this Avenue G street area for additional parking. There are no future plans to widen Avenue G immediately south of 19th Street. Ronnie Thompson, the owner of Avenue H Properties, will be charged $180.08 per year for this license. This license will be for twenty years, payable every five years. The Right -of -Way Department recommended the approval of this street -use license. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4945 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution 94946 authorizing the Mayor to execute a street -use monitor well permit with Jones Environmental, Inc., for use of the City's street parkway (6604 Frankford). RESOLUTION #4946 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 Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Jones Environmental, 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. 611 City Council Minutes September 14, 1995 Page 612 Passed by the City Council this 14th day of September 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 Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Street/Alley Permit is filed with Resolution No. 4946. According to staff memo, this permit would allow Jones Environmental, Inc., of Midland to drill two groundwater monitor wells in the west parkway of Frankford Avenue, south of 66th Street. One well will be located 60 feet south of 66th Street and the second well will be 130 feet south of 66th Street. All utilities are in agreement and the City will receive $200 per year for these two well locations. This permit is for twenty years, payable every five years in advance. The Right -of -Way Department recommended the issuance of this monitor well permit. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4946 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution #4947 authorizing the Mayor to execute Contract No. 516-XXF-6009 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION #4947 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 Contract No. 516-XXF-6009 and related documents to be entered into by and between the City of Lubbock and the Texas Department of Transportation, 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 coped herein in detail. 612 City Council Minutes September 14, 1995 Page 613 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Gavino Sotelo Gavino Sotelo, First Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract by and between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 4947. According to staff memo, TxDOT is allocating $343,900 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system. The amount approved for the FY 1995-96 budget for state operating assistance is $342,900. An additional $1,000 is set aside for training. The contract becomes effective on the final date of execution by the TxDOT's Director and will terminate on August 31, 1996. Citibus recommended the approval of Contract No. 516-XXF-6009. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4947 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20•) Consider Resolution #4948 authorizing the Mayor to execute the necessary contract documents with the Texas State LibrarX and Archives Commission to support the Major Urban Resource Libraries WURL) Grant Program RESOLUTION #4948 WHEREAS, the City of Lubbock annually contracts with the Texas State Library for a grant in support of its role as a Major Resource Center in the West Texas Library System; and WHEREAS, such grant serves to improve and expand the program of the Lubbock City -County Library; NOW THEREFORE: 613 City Council Minutes September 14, 1995 Page 614 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 the following named grant contract and associated documents with the Texas State Library: (a) Urban Library Aid Contract (Contract No. 552.14) Said 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 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract by and between the City of Lubbock and West Texas Library System is filed with Resolution No. 4948. As the Major Resource Center library in the 29-county West Texas area, the Lubbock City -County Library is eligible to receive Federal funding through the Texas State Library. The Major Urban Resource Library (MURL) grant funding, under Title I of the Library Services Construction Act, is provided to all libraries in cities of the United States with populations over 100,000. The purposes of the grant are to bolster urban library collections and enable reference services without charge to persons living outside Lubbock's political subdivisions, so that non-residents receive these services under the same conditions as residents. Funding for state fiscal year totals $17,196. This program is fully funded by the Texas State Library. The City of Lubbock has no responsibility or obligation in the event that funds are not appropriated or provided. The City of Lubbock will receive 9.03 percent of direct charges to reimburse the cost of fiscal administration. All direct charges go to the purchase of library reference materials ($15,772). 614 City Council Minutes September 14, 1995 Page 615 Staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4948 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID #13326--Fire Hydrants and Parts - Annual Pricing (Central Warehouse). The Marta Company— 16 Ea H88 Main Valve Leather for 5 1/4" Mueller Fire Hydrant, Item No. 421020003. Western Industrial--2 Ea A301-00 Safety Repair Kit for 5 1/4" Mueller Fire Hydrant, Item No. 421020005; 1 Ea 2' Extension Section Complete for H 5 1/4" Mueller Fire Hydrant, Item No. 421020011; 10 Ea Safety Flange Gasket, item No. 421020013; 10 Ea Cover and Housing Cober O Rings No. 54-62-2-1 for American Darling Fire Hydrant, Item No. 421020030; 30 Ea No. 11 Seal Plate Gasket for Style 129 M & H 5 1/4" Traffic Model Fire Hydrant, Item No. 421020041; 12 Ea No. 84-39-1 Gasket for Darling Fire Hydrant Barrel, No. 421020035; 15 Ea No. 25 Main Valve Leather for Style 129 M & H 5 1/4" Traffic model Fire Hydrant, Item No. 421020047; 1 Ea Lower Stem for Style 129 M & H 5 1/4" Traffic Model Fire Hydrant 4' Bury, Item No. 421020068; 30 Ea. Bolt and Nut for A #40 M 7 H Breakable Coupling, item No. 421020094; 5 Ea 5 1/4" - 3' Fire Hydrant, Item No. 421030000; 2 Ea 5 1/4" - 3 1/2' Fire Hydrant, Item No. 42103001; 8 Ea 5 1/4" - 4' Fire Hydrant, Item No. 421030002; 12 Ea 5 1/4" - 4 1/2' Fire Hydrant, Item No. 421030003; 2 Ea 5 1/4" - 2 1/2' Fire Hydrant, Item No. 421030004. Moore Supply Company--1 Ea Fire Hydrant Extension, Item No. 421020007; 10 Ea No. 43 Weatherproof Felt Washer for M & H Fire Hydrant, Item No. 421020074; 6 Ea No. 48 Breakable Coupling for M & H Fire Hydrant, Item No. 421020075; 1 Ea 6" Extension Section Complete for 5 1/4" Modern Centurian Mueller Fire Hydrant, Item No. 421020101; 3 Ea A47 Mueller Cap Nut, Item No. 473020189. Morrison Supply Company--2 Ea 24" Extension Complete for 5 1/4" M & H Fire Hydrant, Item No. 42102060; 1 Ea 18" Extension Complete for 5 1/4" M & H Traffic Model Fire Hydrant, Item No. 421020062; 1 Ea Repair Kit Complete for 5 1/4" M & H Traffic Model Fire Hydrant, Item No. 421020063. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 615 City Council Minutes September 14, 1995 Page 616 (22.) BID #13340--Lubbock International Airport Floor Covering Replacement, and authorize same (Aviationl RESOLUTION 94949 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 Paul Graham Company of Lubbock, Texas to furnish and install all services and materials as bid for the Lubbock International Floor Covering Replacement 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 14th day of September 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 STATE OF TEXAS 6 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 14th day of September 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 Paul Graham Company 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: 616 City Council Minutes September 14, 1995 Page 617 BID NO. 13340--Lubbock International Airport Floor Covering Replacement in the amount of $25,569.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: FRINT6511reXTOM, ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: FAIWOM. , - Paul Graham Co. CONTRACTOR By: /s/ Norvell Johnson TITLE: President Paul Graham Company 1415 Avenue N Lubbock, Texas 79401 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4949 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 617 City Council Minutes September 14, 1995 Page 618 (23.) BID #13349--Intermediate Closure of portion of Solid Waste Landfill, and authorize same (Solid Waste). RESOLUTION #4950 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 R.E. Monks Construction Company, of Colorado Springs, Colorado to furnish and install all services and materials as bid for the Intermediate Closure of portion of Solid Waste Landfill 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 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS 6 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 14th day of September 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 R. E. Monks Construction Company of the City of Colorado Springs, County of El Paso, and the State of Colorado, hereinafter termed CONTRACTOR. City Council Minutes September 14, 1995 Page 619 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. 13349--Recontouring of Cell IV at Municipal Solid Waste Landfill in the amount of $689,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Name not Legible ATTEST: /s/ Victoria R. Vinson Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver R. E. Monks Construction Company CONTRACTOR By: /s/ Name not Legible TITLE: COMPLETE ADDRESS: R. E. Monks Construction Company 8355 Vollmer Road Colorado Springs, Colorado 80908 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4950 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 619 City Council Minutes September 14, 1995 Page 620 (24.) BID #13352--Security Lighting for Berl Huffman and Clapp Park, and authorize same (Park Development. RESOLUTION #4951 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 Artex Electric Company, of Lubbock, Texas to furnish and install all services and materials as bill for the Security Lighting for Berl Huffman and Clapp Park 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 14th day of September 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 S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 14th day of September 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 Artex Electric Company 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: 620 City Council Minutes September 14, 1995 Page 621 BID NO. 13352--Security Lighting for Berl Huffman and Clapp Parks in the amount of $52,403.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ John Webb ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Artex Electric Company CONTRACTOR By: /s/ Burl D. Bourns TITLE: Owner Artex Electric Company 3508 Avenue J Lubbock, Texas 79412 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4951 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) BID #13355--Pad-Mounted Power Operated Outdoor Switchgear (Electric Distribution G & W Electric Company--2 Pad -Mounted Power Operated Outdoor Switchgear. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 621 City Council Minutes September 14, 1995 Page 622 (26.) BID #13359--A. B. Davis Party House Renovation, and authorize same (Park Development RESOLUTION #4952 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 Pharr and Company, of Lubbock, Texas to furnish and install all services and materials as bid for A.B. Davis Party House Renovation 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 14th day of September 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 STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of September 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 Pharr & Company 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: 622 City Council Minutes September 14, 1995 Page 623 BID NO. 13359--A.B. Davis Party House Renovation in the amount of $43,500.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ John Webb ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Pharr & Company CONTRACTOR By: Jimmy R. Pharr TITLE: President Pharr and Company P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4952 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) Consider Resolution #4953 authorizing the Right -of -Way Department to make an offer to the Atchison, Topeka, and Santa Fe Railway Company ("ATS&F") for a 0.818 tract of land located in Section 80, Block A (502 N. I-27. RESOLUTION #4953 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for a Street Department salt storage facility, and the City Council of said City funds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: 623 City Council Minutes September 14, 1995 Page 624 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 0.818 acre tract of land in Section 80, Block A, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas, being a portion of the A.T.&S.F. Railroad right-of-way described in Volume 38, Page 619 of the Deed Records of Lubbock County, Texas, and being further described as follows: BEGINNING at a "T" rail found in the North right-of-way line of said railroad at the most Southerly Southwest corner of Lot 3, George Addition to the City of Lubbock, Texas, as shown by the plat thereof recorded in Volume 783, Page 27 of the Deed Records for the Northwest corner of this tract; THENCE N. 64029'30" E., along the South line of said Lot 3 and said North right-of-way line, a distance of 712.70 feet to a 3/8" iron rod found at the Southeast corner of said Lot 3 for the Northeast corner of this tract; THENCE S. 00003'20" W., a distance of 55.40 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract; THENCE S. 64029'30" W., a distance of 646.70 feet to a 1/2" iron rod with cap set at the beginning of a curve to the left having a radius of 1960.00 feet for a corner of this tract; THENCE Southwesterly, along said curve, a chord bearing of S. 63°56'50" W., and a chord distance of 66.10 feet to a 1/2" iron pipe found at the Southeast corner of Lot 8, George Addition, as shown by the plat thereof recorded in Volume 1024, Page 480 of said Deed Records for the Southwest corner of this tract; THENCE N. 00007'00" W., along the East line of said Lot 8, a distance of 56.00 feet to the PLACING OF BEGINNING. SECTION 2. THAT the owner of said tract, being THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY ("AT&SF"), BE offered through the Right -of -Way Department of the City of Lubbock the amount of $7,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated. 624 City Council Minutes September 14, 1995 Page 625 Passed by the City Council this 14th day of September 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 Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. In December 1994, the City of Lubbock purchased Lot 3, George Addition, located along the 500 Block of North I-27, north of Municipal Drive and south of Erskine Street. This platted lot was purchased for the Street Department for a salt storage facility. Following lengthy negotiations, Santa Fe Railroad has agreed to sell a 50-foot section of right-of-way for $7,000 or 19.7 cents per square foot. The Right -of -Way Department recommended approval of this item. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4953 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Consider Ordinance 49836 amending Chapter 27 of the City of Lubbock Code of Ordinances with regard to chauffeur's licenses. ORDINANCE #9836 AN ORDINANCE AMENDING SECTIONS 27-18 AND 27-20 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ISSUANCE OF A CHAUFFEUR'S LICENSE BY THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 625 City Council Minutes September 14, 1995 Page 626 Ken Walker, Chief of Police, presented staff comments. The proposed amendment to Chapter 27 of the Code of Ordinances would require applicants applying for a city chauffeur's license to provide to the Lubbock Police Department a criminal history record check issued by the Texas Department of Public Safety. In the past, the Lubbock Police Department provided these types of checks, but due to a recent decision by the Department of Public Safety, the Police Department can no longer provide these checks because the Department of Public Safety now prohibits routine such checks such as these would constitute. The Lubbock Police Department recommended the first reading of this ordinance. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9836 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution 94954 authorizing the Mayor to execute an agreement with Holly Young with Archaic, Austin, Texas, to begin restoration on the Charles Umlauf angel at the City of Lubbock cemetery. RESOLUTION #4954 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Archaic for the restoration of the Charles Umlauf Angel Sculpture in the Lubbock Cemetery, which contract is attached hereto, and 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. 626 City Council Minutes September 14, 1995 Page 627 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Service Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and Archaic is filed with Resolution No. 4954. Connie Gibbons, Cultural Arts Services Manager, presented staff comments. In 1957, the City of Lubbock sponsored a competition for an inspired work of sculpture to be placed at the city cemetery. Mr. Charles Umlauf won the competition after presenting a 1/4 scale model of his conception, a single guardian angel. The angel figure is of cast stone and is the only full-size casting of an angel that Umlauf created. The piece was installed in March 1958. Over the years, the figure has developed several structural problems due primarily to natural processes of deterioration. In December 1994, Holly Young conducted a survey of the physical conditions of the angel and developed recommendations on a work plan for the restoration and a budget. The three individuals who will work on the project have extensive experience in both the design and carving of original works as well as the evaluation and restoration of existing pieces. Total cost of the project is $35,000. Phase I ($20,000) will include the actual restoration of the angel. Phase 11($15,000) includes taking steps to insure the future condition of the angel. To date the Municipal Arts Committee has raised $12,500 towards Phase I. Staff has discussed with Holly Young of Archaic staging Phase I and beginning the restoration process on the north side of the angel and securing the left wing. These areas are at the greatest risk for further deterioration and damage. The Municipal Arts Committee will continue their fundraising efforts over the next six months so that funds are in place by April 1, 1996, to complete the restoration and either relocate or provide a shelter for the angel. 627 City Council Minutes September 14, 1995 Page 628 Stage I would begin September 15, 1995, and would be completed by the first of October 1995. Stage II would be completed in the spring 1997. Archaic will receive $5,000 for Stage I of the restoration. The remainder of the fee will be paid after Stage II is begun. Staff recommended approval of the agreement. In response to a question from Mayor Langston, Ms. Gibbons indicated that there was no decision has been made as to the permanent location of the angel after the restoration. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4954 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider Resolution 94955 authorizing acceptance of water and sanitary sewer improvements for Tract B. A-1, A-2, A-3 and Lots 1-107, Summerfield Addition. RESOLUTION #4955 A RESOLUTION ACCEPTING WATER AND SEWER IMPROVEMENTS FOR TRACTS "B", "A-1", 66A-2", 66A-3" AND LOTS 1 THROUGH 107, SUMMERFIELD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tracts "B", "A-1", "A-2", "A-3" and Lots 1 through 107, Summerfield Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubobck, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $183,636.28, with the improvements constructed by Utility Contractors of America having a value of $160,544.25, as determined by the unit prices established by said Chapter 28, and $23,092.03 cash paid to the City, which amount includes $19,889.84 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $34,452.28 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubobck's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $34,452.28 be made in accordance with Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. .: City Council Minutes September 14, 1995 Page 629 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Mike Murphy, Senior Civil Engineer, presented staff comments. This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $183,636.28 including value of construction costs of $160,544.25 and $23,092.03 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will receive a refund of $34,452.28 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4955 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer excused and recused himself from discussion and voting on this item. (32•) Consider request from Sexton Enterprises for renewal of taxicab and limousine permits Betty Johnson, City Secretary, presented staff comments. The current vehicle for hire operating permits for taxicab and limousine service for Sexton Enterprises expired on August 26, 1995. In order for Sexton Enterprises to continue operation, it is necessary for the City Council to renew the permit for another year. Mr. Steve Sexton, General Manager of Sexton Enterprises, has submitted the items required for renewal of both permits. These have been reviewed and approved by the City Secretary staff and by the Internal Audit staff. Mr. Sexton has met all of the renewal requirements as outlined in the ordinance and has submitted the financial records for review. The inspection of the fleet by the City of Lubbock Fleet Services has been conducted. 629 City Council Minutes September 14, 1995 Page 630 Sexton Enterprises is requesting an effective increase of 10 cents per mile on taxicab fare, as follows: $1.70 first 1 /4 mile $.30 each additional 1/4 mile $.25 per minute waiting time $.50 per additional passenger in town $2.00 per additional passenger to or from the airport (same destination may split fare from airport, plus additional passengers; all fares are separate unless driver is notified in advance). $6.00 minimum to and from airport (currently $6.00) Ms. Johnson indicated that Mr. Sexton has not yet provided a valid list of the drivers' chauffeurs' licenses but that he is in the process of completing that list. Based on submission of items required under the vehicle for hire ordinance, staff recommended approval of Mr. Sexton's request for permit renewals for both taxicab service and limousine service as well as the taxicab fare increase, contingent upon receipt of the valid list of drivers. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize the City Secretary to renew Sexton Enterprises' taxicab and limousine permits, contingent upon receipt by the City Secretary of the valid list of drivers' current chauffeurs' licenses. Motion carried: 7 Yeas; 0 Nays. (33.) Consider Resolution #4956 approving changes to the by-laws of Civic Lubbock Inc., providing for appointment of board members. RESOLUTION #4956 WHEREAS, Civic Lubbock, Inc., was incorporated as a private, non-profit corporation under the laws of the State of Texas for fostering and promoting the presentation of wholesome educational and cultural programs, attractions and entertainment in the City of Lubbock, Texas; and WHEREAS, Article XVI of the By -Laws of Civic Lubbock, Inc., requires submission to the City Council of the City of Lubbock of any amendments, supplements or changes in the By -Laws before the same may become effective; and WHEREAS, the Board of Directors of Civic Lubbock, Inc., has voted to amend the By -Laws of Civic Lubbock, Inc., with regard to appointment of directors and the person required to serve as treasurer; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to approve the proposed amendments to the By -Laws as approved by the Board of Directors; NOW THEREFORE: 630 City Council Minutes September 14, 1995 Page 631 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following stated amendments to the By -Laws of Civic Lubbock, Inc., duly approved by the Board of Directors of Civic Lubbock, Inc., are hereby reviewed and approved by the City Council of the City of Lubbock. AMENDMENT CIVIC LUBBOCK, INC. BY-LAWS 1) Article IV of the By -Laws of Civic Lubbock, Inc., is hereby amended to read as follows: ARTICLE IV The Treasurer shall be the person acting as the Finance Director, or his designated representative, of the City of Lubbock, and shall be an ex-officio member of the Board of Directors without vote. He shall perform all other duties that usually pertain to the treasurer's office, or are delegated by the Board of Directors. The Treasurer shall oversee the financial operation of the corporation and shall cause audits and/or accounting to be performed as he deems necessary. He shall also cause an annual, independent audit to be performed following the end of each fiscal year. 2) Article IX of the By -Laws of Civic Lubbock, Inc., is hereby amended to read as follows: ARTICLE IX The Board of Directors of Civic Lubbock, Inc. shall be composed of fifteen (15) members, each of whom shall be a resident of the City of Lubbock. The Directors of said Corporation shall be appointed by the City Council and shall hold office for a term of three (3) years or until a successor is appointed. Adopted by the Board of Directors this 15th day of August 1995. 631 City Council Minutes September 14, 1995 Page 632 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture & Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Burl Masters, Civic Centers Board Chairman, presented comments. The existing by-laws for Civic Lubbock, Inc., state that members constituting the Civic Centers Advisory Board will also constitute the Directors of Civic Lubbock, Inc. Due to the pending merger between the Civic Centers Board and the Convention and Tourism Board, the method of appointing Board members to the Civic Lubbock, Inc., Board of Directors needs to be redefined. It will no longer be necessary for the Board members of Civic Lubbock, Inc., to be the same as those of the proposed METTS Board. It is also no longer necessary that a representative from Texas Tech University be automatically appointed to the Civic Lubbock, Inc., Board of Directors. The existing Civic Lubbock, Inc., by-laws also state that amendments to the by-laws require submission to the City Council before they become effective. An additional housekeeping item speaks to the Treasurer of Civic Lubbock, Inc. The current by-laws state that the Treasurer of Civic Lubbock, Inc., shall be the Assistant City Manager for Financial Services and that this person shall be an ex-officio member of the Board without vote. With the restructuring within the City organization, this responsibility has been delegated to the City of Lubbock Finance Director. It is necessary to amend the by-laws to reflect this change. The City Council will make appointments to this Board independently and in accordance with the established procedures for appointments of board members. It is proposed that the existing terms of office remain as is and that members currently serving on the Civic Lubbock, Inc., Board continue to serve until their already established terms expire. Staff recommended approval. 632 City Council Minutes September 14, 1995 Page 633 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4956 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider Resolution 44957 approving changes to the charter and by-laws of the Convention and Tourism Bureau of Lubbock. Inc., enlarging the powers and duties of the corporation. RESOLUTION #4957 WHEREAS, the Convention and Tourism Bureau of Lubbock, Inc. is a private non-profit corporation created under the laws of the State of Texas for the purposes of promoting the tourism and convention and hotel industry within the city limits of the City of Lubbock; and WHEREAS, the Board of Directors of said corporation has deemed it advisable to recommend to the City Council that certain amendments be made to both the Articles of Incorporation and to the Bylaws of said corporation; and WHEREAS, The City Council has reviewed the amendments proposed to be made to the Articles of Incorporation and to the Bylaws of said corporation; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to approve the proposed amendments to the Bylaws and Articles of Incorporation of the above named corporation; NOW THEREFORE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Articles of Incorporation of the Convention and Tourism Bureau of Lubbock, Inc. are hereby amended as set forth on Exhibit A attached hereto and made a part of this Resolution for all purposes. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Bylaws of the Convention and Tourism Bureau of Lubbock, Inc. are hereby amended to read as set forth on Exhibit B, which exhibit is attached hereto and made a part of this Resolution for all purposes. 633 City Council Minutes September 14, 1995 Page 634 Passed by the City Council this 14th day of September 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 Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Assistant City Attorney A copy of the Articles of Incorporation and the Bylaws are filed with Resolution No. 4957. Deborah Brown, Attorney representing the Convention and Tourism Bureau of Lubbock, Inc., presented comments. Upon recommendation of the Merger Committee, the Civic Centers Board and Convention Tourism Bureau are proceeding to finalize the creation of METTS (Marketing, Entertainment, Travel, Tourism, Sports), Inc. Staff recommended approval of the resolution. Motion was made by Councilmember Cooke to approve with the addition of the wording "will endeavor to appoint" to Section 2.03, seconded by Councilmember Patterson to authorize Resolution #4957 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Consider Resolution #4958 authorizing and approving an amendment to the agreement between the City of Lubbock and the Convention and Tourism Bureau of Lubbock, Inc., by expanding duties of the corporation, changing the name thereof, and authorizing advisory services. RESOLUTION #4958 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 First Amendment to Convention and Tourism Service Agreement by and between the City of Lubbock and Marketing, Entertainment, Travel, Tourism and Sports, Inc. f/k/a The Convention and Tourism Bureau of Lubbock, 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. G1c1! City Council Minutes September 14, 1995 Page 635 Passed by the City Council this 14th day of September 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/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the First Amendment to the Convention and Tourism Service Agreement by and between the City of Lubbock and the Convention and Tourism Bureau of Lubbock, Inc.. is filed with Resolution No. 4958. Deborah Brown, Attorney representing the Convention and Tourism Bureau of Lubbock, Inc., presented comments. The proposed METTS (Marketing, Entertainment, Travel, Tourism, Sports) Inc., will oversee three functional areas: Convention Tourism Bureau, Civic Center and sports marketing. Each function will have separate accounting of funds. Staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4958 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36.) Consider appointments to METTS (Marketing, Entertainment, Travel, Tourism, Sports) Board of Directors. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to appoint David Deason, Mitzi Jordan, Linda Greenstreet, Bob Greenhill, Don Caldwell, Ronnie Hill, Jerry Stevens, Robert Dominguez, Len Hutchinson, Sharon Prather, Jim Brunjes, Burl Masters, and Irasema Velasquez to the METTS Board of Directors. Motion carried: 7 Yeas; 0 Nays. 635 City Council Minutes September 14, 1995 Page 636 (37.) Consider Resolution #4959 authorizing the Ci , Manager to nay all required fees and file all documents necessary for creation of Market Lubbock Economic Development Corporation and consider appointments of the initial board of directors. RESOLUTION 44959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE CREATION OF MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A NON-PROFIT CORPORATION CREATED FOR THE PURPOSE OF ENHANCING AND ENCOURAGING ECONOMIC DEVELOPMENT FOR AND ON BEHALF OF THE CITY, AUTHORIZING THE CITY MANAGER TO FILE ALL NECESSARY DOCUMENTS FOR THE CREATION OF THE CORPORATION, AND APPOINTING THE INITIAL BOARD OF DIRECTORS. WHEREAS, the City Council of the City of Lubbock desires to enhance and encourage economic development, and growth within the City, to encourage the creation of new job opportunities and to encourage the development of new industries within the City; and WHEREAS, the City Council believes that this growth and development can be encouraged by the creation of a non-profit corporation creating a partnership between the public and private sectors; THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1: That the City Manager be and he is hereby authorized to file all documentation necessary or advisable for the creation of a non-profit corporation which shall be named Market Lubbock Economic Development Corporation. That the corporation shall be created in accordance with Articles of Incorporation substantially in the form of Exhibit "A" attached to this resolution and incorporated by reference the same as if copied herein in it entirety. Section 2: That the names and terms of the initial directors appointed by the City Council are as follows: Name Address Term Expires: 1. Jack Alderson 4810 Whisperwood Blvd 10/01/98 2. Dr. Sam Curl 5613 83rd Lane 10/01/97 3. Mike Field #20 Brentwood Circle 10/01/98 4. Steve Hurt 3717 94th Place 10/01/97 5. Gary Lawrence 5917 67th Street 10/01/98 6. Paula Montoya 5209 71 st Street 10/01/98 7. Dr. R.J. Wilcott 2304 Slide Road 10/01/97 :: City Council Minutes September 14, 1995 Page 637 Passed by the City Council this 14th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Ls/ Debra Forte' Debra Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the Certificate of Incorporation is filed with Resolution No. 4959. Jim Bertram, Managing Director of Strategic Planning, presented staff comments. The Lubbock Economic Development Corporation will have a seven -member board appointed by the City Council. The corporation is designed to qualify as a tax exempt corporation under the provisions of Internal Revenue Code §§ 501 (c) (3) & (4). Separate documentation must be filed by the corporation with the IRS for that certification. The creation of a corporation was recommended by the Chambers of Commerce after considerable public discussion and input. Staff recommended approval. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #4959 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. The City Council recessed at 5:40 p.m. and then reconvened at 6:15 p.m. (27.) Hold a public hearing on the proposed FY 1995-96 Budget Anna Mosqueda, Director of Management Services, presented staff comments. The proposed budgets were reviewed by the City Council during budget work session in July. The proposed budget was filed, as required by State Law, with the City Secretary on August 15, 1995. The Mayor opened the public hearing at 6:20 p.m. 637 City Council Minutes September 14, 1995 Page 638 Cheryl Weber, representing Chaparral Bicycle Club, UNIT Neighborhood Association, and MHMR, asked the City Council to reconsider funding for bicycle routes. George Canon, Bob Winegar, and Don Fulwig, also representing Chaparral Bicycle Club, echoed Dr. Weber's request. The City Council instructed City staff to submit a proposal for federal funding at such time that the funding is available, then to come back to the City Council for the necessary matching funds. Mikel Ward, representing SPARTAN, asked questions regarding the increase in the FY 95-96 budget over last year's budget, the lack of funds budgeted from the Economic Development Fund for Market Lubbock Economic Development Corporation, and the need for a full-time lobbyist. Cecil Puryear, 2619 2nd Place, gave his opinion regarding the budget process and the size of the proposed budget. Frank Keller, representing the Retirees Association, encouraged the City Council to support the increase for retirees that is proposed in the FY 95-96 budget. City Manager Bob Cass explained that the City Council will be asked to consider an increase based on the Consumer Price Index (CPI), with annual updates for retirees and current employees. Mr. Cass said he believes this action makes good economic sense and supports the action. Mr. Cass explained further that the cost of the updated service credits will be approximately $170,000 across all funds for the FY 95-96 budget. Annual updates would impact the General Fund by approximately $30,000 per year. Bill Tarver, 3201 56th Street, and Pamela Tarver spoke in opposition to the farming activities associated with the Land Application Site. Mr. Cass explained that it is necessary to plant a crop in order to comply with the City's state permit; furthermore, the City is challenged by the City Council and the citizens to operate the City "like a business." Toward that end, the prices at which the crop is sold is set according to market norms for this part of Texas. The Mayor closed the public hearing at 7:27 p.m. (38.) Consider Ordinance #9837 approving and adopting a budget for Fiscal Year 1995-96. ORDINANCE #9837 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1995-96 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1995-96 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. City Council Minutes September 14, 1995 Page 639 According to staff memo, the budget for FY1995-96 remains basically the same as discussed during the budget work sessions and during the August 24, 1995, work session. The budget is based on a proposed $.5859 tax rate per $100 valuation. The rate has decreased by $.0541 from the prior $.64 tax rate. _ The budget also includes rate increases in two areas, sewer and solid waste. The sewer rate increase set and approved in last year's budget was a two step increase to take effect October 1, 1994, and October 1, 1995, to fund debt service for the new water reclamation plant. This year's budget reflects the 7 percent sewer rate increase approved by Council. This rate is scheduled to go into effect on October 1, 1995. The Solid Waste Fund budget also reflects an increase in rates charged for disposal and for commercial collection, as well as adding charges for roll -off containers and compact containers previously not addressed in this ordinance. Landfill disposal charges will be $25 per ton plus any applicable state surcharges. This is a $7 increase over the current $18 per ton charge resulting from EPA regulations which have impacted landfill operating costs dramatically. Staff anticipate increases in landfill disposal costs as a result of EPA requirements. The commercial collection rate will be increased by $3.00 per cubic yard over the current $12 per cubic yard rate in addition to a nominal monthly container maintenance fee based on the size of the container. Charges for the use of roll -off containers and compactor containers not previously addressed are included in the ordinance. The ordinance also reflects a minor adjustment in rates charged for extra pick-ups of detachable containers, beyond the regular service of two pick-ups per week. Except for minor adjustments in line items changing an employee buy-back provision to one for restricted prior service credits, the budget remains as filed. The budget has been filed as required by state law and available for public inspection. Staff recommended adoption of the proposed budget. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to approve the following FY1995-96 capital projects, as filed with the City Secretary: Streets Capital Project, Fund 915 Water System Capital Project, Fund 225 Sewer System Improvements Capital Project, Fund 235 Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused. 639 City Council Minutes September 14, 1995 Page 640 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the FY1995-96 budget as filed with the City Secretary, with the exception of the capital projects approved in the foregoing action. Motion carried: 7 Yeas; 0 Nays. (39.) Consider Ordinance #9838 setting the tax rate and leyying a tax upon all property subject to taxation within the City of Lubbock for the year 1995. ORDINANCE #9838 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1995, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. According to staff memo, the proposed budget is based on a $.5859 tax rate using a next taxable value of $5,398,284,319 as provided by the Lubbock Central Appraisal District. This will produce $31,628,548. The tax rate has been decreased from the prior year's $.64 tax rate. The property tax revenue included in the Proposed Budget is based on adopting a tax rate of $.5859 per $100 of assessed valuation. The tax rate must be legally adopted in two portions-- Interest and Sinking Fund and Maintenance & Operations. The Maintenance and Operations rate consists of the allocation to the General Fund and the Economic Development Fund. The tax rate allocation and revenue distribution are provided below: Tax rate Revenue Allocation Distribution General Fund $.3965 $21,404,197 Interest & Sinking Fund .1594 8,604,865 Economic Dev. Fund .03 1,619,485 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9838 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (40.) Consider Ordinance 49839 amending Chapter 23 of the City of Lubbock Code of Ordinances pertaining to charzes for Solid Waste service. ORDINANCE 49839 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND DUMPING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. ME City Council Minutes September 14, 1995 Page 641 According to staff memo, the amendment reflects an increase in rates charged for disposal and for commercial collection as well as adding charges for roll -off containers and compactor containers previously not addressed in the ordinance. Landfill disposal charges will be $25 per ton plus any applicable state surcharges. This is a $7 increase over the current $18 per ton charge resulting from EPA Subtitle D regulations which have impacted landfill operating costs dramatically. Staff anticipate increases in landfill disposal costs as a result of EPA requirements. These regulations require that each new cell excavated be lined and each cell that has been filled be covered and monitoring wells be installed. This process has substantially increased landfill operating costs. The commercial collection rate will be increased by $3.00 per cubic yard over the current $12 per cubic yard rate in addition to a nominal monthly container maintenance fee based on the size of container. Charges for the use of Roll -off containers and compactor containers not previously addressed are included in the ordinance. The ordinance also reflects a minor adjustment in rates charged for extra pick-ups of detachable containers, beyond the regular service of two pick-ups per week. Staff recommended approval of this item in order to achieve cost recovery or commercial collection rates and comply with requirements under Subtitle D for the operating of the City of Lubbock landfill. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance #9839 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (41.) Consider Ordinance 449840 authorizin and allowin under the Act overnin the Texas Munici al Retirement S stem Restricted Prior Service Credits to em to ees who are members of the s stem for service re viousl erformed for various other ublic entities for which the have not received credited service, and establishin an effective date. ORDINANCE #9840 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. According to staff memo, staff believes that the recent amendment to the TMRS Act would allow the City to provide city employees with an opportunity to get credit for time spent outside the TMRS system in other entities as approved by the Act, at no cost to the City. This replaces the earlier request for buy-back option for employees. 641 City Council Minutes September 14, 1995 Page 642 Effective September 1, the State legislature now allows the Act to provide for restricted prior service credit to employees who are members of TMRS for service previously performed for various other public entities for which they have not received credited service. This credit may only be used to satisfy length of service requirements for vesting and service retirement eligibility, has no monetary value, and is not used in any other computations including Updated Service Credits. Restricted Prior Service Credit can be granted for service performed in the following entities: a non-TMRS city in Texas or any incorporated municipality in the United States a Council of Governments (COG) in Texas; Dallas -Fort Worth International Airports, or; previously forfeited service under one of the five statewide retirement systems in Texas (Texas Municipal Retirement System, Texas County & District Retirement System, Teacher Retirement System of Texas, Employees Retirement System of Texas, and Judicial Retirement System of Texas) This would go into effect on October 1, 1995. Staff recommended approval of this item. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance #9840 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (42.) Consider Ordinance #9841 authoriz.—Ii, and allowin under .�. Ant RnvPrninu the Texas Municipal Retirement S stem. LIIG Av► dated Service Credits" in said s stem on an annual basis for uali in members• and establis i"a an effective date. 0RDINANC.E #9841 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENTAL BASIS FOR SATE "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN PERFORMED BY QUALIFYING MEMBERS OF � THE EMPLOYMENT OF THE CH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE CITY OF LUBBOCK; PROVIDING FOR INCREASED BENEFICIARIES PRIOR F DECEASEDR NT SERVICE ANNUITIES FOR RETIREES AND RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. The TMRS System allows communities to adopt an ordinance which will annually update retiree benefits. The amount of the annuity increase is the sum of an individual's prior and current service credits on his/her effective date of theretirement Consumer Priltiplied ce Index 30 percent of the percentage change It is staff s understanding that ireesadoption and/or benefi oariesn will benefit approximately 400 re 642 City Council Minutes September 14, 1995 Page 643 In order to adopt the provisions enhancing retiree benefits, TMRS requires that a provision which updates these service credits for existing employees also be adopted. The updating of service credits is, in essence, a methodology which maintains the buying power of retirement system dollars contributed over a period of many years. This particular step has not been taken since the mid- 1980's. The proposed ordinance will update these service credits annually. It is staff s feeling that adoption of this provision will more readily enable employees to take advantage of retirement options and assist us in our right sizing efforts. As was discussed during the budget process, this particular provision will cost approximately $170,000 this year to bring us current since the last update in 1983. The annual increase hereafter will be approximately $56,000. Allowing for annual increases will avoid large lump sum increases in the future. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9841 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (46.) 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: Airport Board Appointments Advisory Board Building Board of Appeals Community Development Advisory Committee Community Services Commission Human Relations Commission Keep Lubbock Beautiful Advisory Committee Lubbock Citizens Traffic Commission Lubbock Public Transit Advisory Board Public Responsibility Committee (MHMR Center) Neighborhood Certification Committee South Plains Association of Governments Board of Directors Urban Design and Historic Preservation Commission 643 City Council Minutes September 14, 1995 Page 644 There being no further business to come bef to adjourn the meeting at 7:34 p.m. Motion ATTEST: �� jtev'� Betty M. ohnson, City Secretary Read and approved this the 28th day of ATTEST: �� 'aL Betty Nw. John —son, tity Secretary it was the consensus of Council ied- 7 Y s; 0 Nays. AVID R. 1995. TON, M.kYOR M