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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 28, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 28th day of September 1995, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councihnember Victor Hernandez, 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. Absent: Councihnember T. J. Patterson. Mayor Langston called the meeting to order at 12:10 A.M. ( 1.) The Invocation was given by Rodney Plunket, Minister of Broadway Church of Christ. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments ( 3A.) Presentation to the Lubbock Crickets in recognition of their 1995 championship season. Chris Thomas, a member of the Lubbock Crickets staff, was present to accept the special recognition certificate. Mayor Langston recognized the Lubbock Crickets baseball team for winning the 1995 championship Texas -Louisiana League. ( 4.) A representative from the Science Spectrum appeared to present the Omnimax budget for 1995-96. Mark Hindman, Director of Support Services, presented staff comments. As required by the contract between the City and the Science Spectrum Board, the operating budget for the Omnimax must be presented for acceptance, modification or rejection. The 1995-96 budget totals $673,000 with an estimated positive cash flow of $27,000. This includes a $200,000 payment to the City as an offset for debt service related to construction of the Omnimax. The budget shows a projected increase of 1.4 percent. City staff recommended approval of the budget. Councilmember Ince requested that additional budget detail be provided in the future. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to approve the Omnimax budget for 1995- 96. City Council Minutes September 28, 1995 Page 646 WHEREAS, under the authority of V.T.C.A., Health & Safety Code, Chapter 772, Subchapter D, Lubbock County voters approved in a Lubbock County election, April 5, 1986, the creation of the Lubbock Emergency Communication District; and WHEREAS, the Lubbock Emergency Communication District Board of Managers approved the L.E.C.D. proposed budget for fiscal year 1995/96 and set the service fee at 4.5% of the telephone base rate, acting under the authority of V.T.C.A., Health & Safety Code, Section 772.314; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock City Council hereby approves the Lubbock Emergency Communication District Budget for fiscal year 1995/96 and the L.E.C.D. action in setting the service fee at 4.5 % of the telephone base rate as defined by V.T.C.A., Health & Safety Code, Section 772.314. Passed by the City Council this 28th day of September 1995. /s/ David R Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnso Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison, Manager Communication Services and Emergency Preparedness APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Lubbock Emergency Communication District Budget is filed with Resolution No. 4960. 646 City Council Minutes September 28, 1995 Page 647 Ben Goodloe appeared to present the annual budget for the Lubbock County Emergency Communication District (L.E.C.D.). Lubbock County voters approved the creation of the L.E.C.D. in an election on April 5, 1986. State law requires the L.E.C.D. to submit its annual budget for approval to each governing body within the boundaries of the District. In addition to the Lubbock City Council, this includes the City of Slaton, Lubbock County, and the majority of the remaining cities in Lubbock County. The total budget proposed is $878,250, an increase of 2.3 percent over last year. The proposed service fee of 4.5 percent of the telephone base rate is identical to the rate approved for the current fiscal year. Because an increase in the number of telephones is anticipated, a small increase in revenues is projected. This amount is required to fund increased costs of operations and capital reserves. The L.E.C.D. Board of Managers has reviewed and approved the proposed budget. City staff recommended approval. Councilmember Hernandez requested that additional budget detail be provided in the future. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4960 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 6.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to approve the minutes of the September 14, 1995, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. 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. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9836 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 647 City Council Minutes September 28, 1995 Page 648 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 all License Agreements, in substantially the same form as the attached License Agreement, which Agreements are hereby approved and which form Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s Tonv Privett Tony Privett, Corporate Communications and Public Information Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the standard license agreement is filed with Resolution No. 4961. According to staff memo, various news media have requested the ability to continue scanning public safety radio transmissions when staff implements the 800 MHz system. Since all radio transmissions are queued randomly by the computer across all 20 channels, it is extremely difficult to scan the channels without the equipment provided by the vendor and the City programmed talk groups. Under the recommended agreement, the City will provide access to recognized media outlets that publish or broadcast news on a minimum weekly basis. Media access is limited to scanning the City of Lubbock primary Police and Fire dispatch channels for a one-time fee of $575.00 per radio. All requests are processed through the City's Corporate Communications Manager. Staff recommended approval of the resolution. 648 City Council Minutes September 28, 1995 Page 649 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4961 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. This item was deleted from the agenda. �J M (IIN WN IMMUM W. MiTMAMW745 MWEVVI Komi This item was deleted from the agenda. This item was deleted from the agenda. 71,1111111 (12.) Consider Resolution #4962 authorizing the Mayor to execute a letter agreement between the City of Lubbock and Dawson Geophysical and Enserch Exploration, Inc., for agpophysical survey. RESOLUTION #4962 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 Letter Agreement with Dawson Geophysical and Enserch Exploration, Inc. permitting a geophysical survey in the vicinity of Lake Alan Henry, 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. 649 City Council Minutes September 28, 1995 Page 650 Passed by the City Council this 28th 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 A copy of the letter agreement with Dawson Geophysical and Enserch Exploration, Inc., is filed with Resolution No. 4962. According to staff memo, Dawson Geophysical has requested permission to conduct geoseismic surveys on the City's property near Lake Alan Henry. The City Attorney's office has negotiated an agreement which provides for indemnity to the City for any damages which may occur as a result of the testing, particularly as it may relate to any archaeological sites on the property. Dawson agrees that the City will be allowed to have personnel available during any testing and that they will cooperate with us as a part of the operation. They further agree that no activities will be conducted within two miles of the Alan Henry Dam and that they will employ engineers to conduct field tests prior to any operations being conducted on the City's property. Also, they have agreed that they will not allow any earth -moving equipment within 100 feet of the retention area of the lake and that no brush removal will be done in the river bottom area without the City's consent. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4962 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. M17rMWF7M-1 so WHEREAS, the City has been informed that the Internal Revenue Service requires that the METTS, Inc. Articles of Incorporation be amended in order to receive consideration for approval as a 501(c)(3) organization; and 650 City Council Minutes September 28, 1995 Page 651 WHEREAS, pursuant to Article 9 of the Articles of Incorporation of said organization, the City Council may direct the directors of said corporation to amend its Articles of Incorporation; and WHEREAS, it is in the best interest of the City for said Articles to be amended; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Board of Directors of METTS, Inc. is hereby directed to amend its Articles of Incorporation by changing Article 4 of said Articles of Incorporation so that it will be amended to read as set forth in Exhibit A of this Resolution which Exhibit is attached hereto and made a part hereof. Passed by the City Council this 28th day of September 1996. /S/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bea 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 Exhibit "A" is filed with Resolution No. 4963. According to staff memo, all items pursuant to the merger of Civic Centers Board and Convention and Tourism Bureau were approved at the last meeting of the City Council. This amendment was required by the Internal Revenue Service when the attorney for METTS, Deborah Brown, proceeded to file all appropriate documents to finalize the merger. This amendment has been reviewed by administrative and legal staff and staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4963 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 651 City Council Minutes September 28, 1995 Page 652 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock or his designee BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Standard Form Civic Centers Advertising Display Contracts which are prepared on the Standard Form attached to this Resolution as Exhibit A and made a part hereof for all purposes. A copy of the Standard Form Agreement attached hereto as Exhibit A shall be spread upon the minutes of the City Council and shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bea M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Civic Centers Manager APPROVED AS TO FORM: /s/ John C. Ross J r . John C. Ross, Jr., City Attorney A copy of the standard form for the Civic Centers Advertising Display Contracts is filed with Resolution No. 4964. According to staff memo, the Civic Center staff has developed an advertising program, specifically for the Municipal Coliseum, which will generate additional revenues for that operation. Other programs may be developed in the future for the Auditorium and the Civic Center; however, the Coliseum will be the focus for the upcoming fiscal year. This program will consist of granting non- exclusive advertising rights to various businesses and/or corporations for the placement of fixed and/or temporary advertising signage within the facility. Examples of advertising mediums would be backlit signage on the two end panels of the Coliseum scoreboard, backlit signage on scorer's tables and press row tables, company logos on directional banners hung throughout the Coliseum concourse, and company advertising on modesty skirting attached to the rails around the ADA accessible seating areas. An overview of this proposed program was 652 City Council Minutes September 28, 1995 Page 653 presented to Council during their work session on September 14, 1995. It was the consensus of Council to authorize staff to proceed with the program. In order to accomplish this objective, it will be necessary for the City Manager, or his designated representative, to have the authority to execute a standardized form agreement for the leasing of this space. This agreement is a revenue producing agreement. Key components of the standard contract would include: The City's obligations in terms of providing and maintaining the equipment on which the advertising will be displayed. The cost of initial installation of the advertising copy would be borne by the City, with any changes paid for by the advertiser. The City would retain the right to approve all advertising copy that will be displayed. The advertiser's obligations in terms of providing camera- ready art and obtaining approvals of the advertising copy from the facility management prior to installation. The agreement will address payment terms based on the advertising package that is selected by the advertiser. This information will be inserted in each advertising agreement as negotiated. The agreement gives the first right of refusal to the advertiser to negotiate contract renewal for periods subsequent to the term of the agreement. This right extends twelve months out from the expiration date of the agreement and ends six months prior to the expiration date. Each agreement will have an Exhibit A which will outline the specific package that the advertiser is purchasing. In an effort to increase the rate of cost recovery for the Civic Center facilities, the staff intends to pursue an advertising program. The advertising program will generate additional revenues to greatly assist in offsetting the cost to operate these facilities. Staff recommended that Council approve the proposed standard advertising agreement and extend authority to the City Manager or his designated representative, which would be the Civic Centers Manager, to execute those agreements. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4964 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 653 City Council Minutes September 28, 1995 Page 654 (15.) Consider Resolution #4965 authorizing the Mayor to execute a contract for real estate services with various real estate agents for acquisition of various properties needed by the City of Lubbock. RESOLUTION #4965 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the following Standardized Contract to be executed by the City Manager for real estate services for the acquisition of various properties needed by the City of Lubbock, 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 28th 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/ Jim Bertram for Carolyn Aliamus Carolyn Aliamus, Managing Director of Culture & Leisure APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the contract for professional services is filed with Resolution No. 4965. According to staff memo, the need for additional City property for municipal services and development is continuous and ongoing. This real estate services contract will allow the City to contract with various agents for their services to acquire property when needed. The use of the agents will be a management responsibility of the Right -of -Way Department. The Right -of -Way Department recommended the approval of this contract. Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4965 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 654 City Council Minutes September 28, 1995 Page 655 MJTI, 'i. 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 Management Contract by and between the City of Lubbock and Munex, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bt-,M M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Management Contract by and between the City of Lubbock and Munex, Inc., is filed with Resolution No. 4966. According to staff memo, Robert Massengale is retiring as of September 27, 1995. Given the uncertain status of LP&L, staff proposes entering into a contract for temporary management of the utility. Robert Massengale has agreed to continue in the same capacity under a contract on a month -to -month basis. The contract is with Munex, Inc., the corporation that Mr. Massengale formed in order to be able to enter into this arrangement. The amount of compensation is equal to Mr. Massengale's current salary plus a 3 percent increase and his $450.00 per month car allowance. Staff recommended approval of this agreement. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4966 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 655 City Council Minutes September 28, 1995 Page 656 (17.) Consider Resolution #4967 authorizing the Mayor to execute an agreement between the City of Lubbock and Barbara T. McCall Associates, Inc., for consulting services. RESOLUTION #4967 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 Barbara T. McCall Associates, Inc., for consulting services for the City of Lubbock, which agreement 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 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Belly M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Quentin Thomas Quentin Thomas, Assistant City 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 Barbara T. McCall Associates, Inc., is filed with Resolution No. 4967. According to staff memo, Lubbock is part of a four -city coalition including Austin, Dallas, and Plano. This coalition is represented in Washington, D.C., by Barbara T. McCall Associates, Inc. Ms. McCall and her organization monitor legislation and provide information concerning congressional action that is of interest to the members of the coalition. Ms. McCall also provides individual data to the cities on areas of particular interest to their constituents and makes contact with congressional representatives as needed. A weekly staff update, which identifies areas of interest that are taking place in the legislative arena, is also provided. Staff recommended approval of the resolution. 656 City Council Minutes September 28, 1995 Page 657 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4967 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Western Implement--2 Ea Diesel Powered Outfront Rotary Mower, Per Spec 1006A. Lubbock Saw & Knife--35 Ea Gasoline Powered Commercial String Trimmers, Per Spec 1016. Jacobsen Textron--1 Ea Turf Maintenance Vehicle, Per Spec 1026. Caprock Vermeer Equipment, Inc.--1 Ea Trailer Mounted Brush Chipper, Per Spec 1030. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Baker Company --Desks and Credenzas (Hon and Steelcase); Bookcases (Hon, Sirco, Steelcase); Conference Tables (Hon, Lit- Ning, Steelcase); Work Tables (Hon); Folding Tables (Abco, Correll, Krueger, Samsonite); Office Chairs (Hon, Steelcase); Stacking Chairs (Hon, Samsonite); Folding Chairs (Samsonite, Virco); Vertical File Cabinets (Hon, Steelcase); Lateral File Cabinets (Hon, Steelcase); Mobile File Cabinets (Hon); Cardfile Cabinets (Globe -Weis); Typewriter Stands (Abco, Virco); Computer Furniture (Hon, Steelcase). Hester's Office Center --Desks and Credenzas (Haskell, National, Paoli); Bookcases (Correll, McDowell -Craig, National); Conference Tables (Correll, Krueger, National); Work Tables (Haskell, Kinetics); Drafting Tables (Mayline); Office Chairs La-Z-Boy, United); Stacking Chairs (Krueger, United); Vertical File Cabinets Anderson -Hickey); Lateral File Cabinets (National); Mobile File Cabinets (Haskell); Flat Files (Mayline); Computer Furniture (Krueger, Sauder, Virco). Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 657 City Council Minutes September 28, 1995 Page 658 (21.) Bid #13360-Access Road Paving at Lubbock International Airport, and authorize same (Street/Drainage Engineering). eering). RESOLUTION #4968 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 Midwest Concrete, Inc., of Lubbock to furnish and install all services and materials as bid for the Access Road Paving at Lubbock International Airport, 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 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ronald Shuffield for Victor Kilma 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 28th 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 Midwest Concrete, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 658 City Council Minutes September 28, 1995 Page 659 BID NO. 13360 - Access Road Paving at Lubbock International Airport in the amount of $42,325.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Midwest Concrete, Inc. CONTRACTOR By: /s' Steve Holbert TITLE: President COMPLETE ADDRESS: Midwest Concrete, Inc. P.O. Box 3964 Lubbock, TX 79452 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4968 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 659 City Council Minutes September 28, 1995 Page 660 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2759; A ZONING CHANGE FROM C-2 TO A-1 ZONING ON A TRACT OUT OF SECTION 10, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:27 p.m. Bernie Gradel appeared on behalf of Lokey Companies to present this request for zone change from C-2 to A-1. No one appeared in opposition. Mayor Langston closed the hearing at 12:32 p.m. Randy Henson, Senior Planner, presented staff comments. The requested change from C-2 (local retail) to A-1 (family apartments) has generated a significant amount of public reaction from the residents south of 74th Street. The president of the Quaker Heights Neighborhood Association presented a petition in - - opposition to the request. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - single family residential south of 74th Street East - commercial West - apartments The Comprehensive Land Use Plan indicates this area as high density residential west of Richmond and as commercial east of Richmond. The proponent has noted several design concessions to alleviate at least some of the fears of the residents south of 74th Street. Also, the cul-de-sac design of the streets south of 74th Street was originally patterned to diminish the effects of 74th Street and possible effects of the proposed apartment and/or commercial uses north of 74th Street. The noted concessions include: a 100 foot setback from 74th Street for the apartment units with parking, garages, and landscape areas in that 100 feet vehicular access to 71st Street only, none on 74th Street or Richmond 660 City Council Minutes September 28, 1995 Page 661 The proposal should have little net effect on traffic in the area. The property has access to Quaker via 71 st and 74th Streets, and the service road of Loop 289 north via commercial streets to the north. The staff reviewed the site plan with two small corrections: 15' on 74th Street for the garages 5' setback on west The Planning and Zoning Commission was understanding of the concerns expressed by Mr. Gilliam for increased traffic, but deemed that the design proposed by the proponent attempted to alleviate the effect on the neighborhood to the greatest extent possible. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Tied to site plan 2759 as presented to the Planning and Zoning Commission and signed by the Chairman. The staff supports the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tern Neugebauer to pass on first reading Ordinance #9842 with condition as recommended by P&Z and City staff. Motion carried: 4 Yeas; 2 Nays--Councilmember Hernandez and Councilmember Ince. 1!` 1 (' R e. 1 - 1 1 ilu .11! 1 !111 J 11 s AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2761; A ZONING CHANGE FROM C-2 TO C-4 ZONING ON LOT 2, PADGETT MARSHALL ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:44 p.m. Shing Kan Hon appeared on behalf of 34th Street Shell to present this request for zone change from C-2 to C-4. No one appeared in opposition. Mayor Langston closed the hearing at 12:45 p.m. M. City Council Minutes September 28, 1995 Page 662 Randy Henson, Senior Planner, presented staff comments. The proponent occupied the existing facility as a legal non -conforming service station when he moved into the business. At some time past, the provisions of gasoline and attendant environmental requirements were such that he ceased selling gasoline with no inquiry about whether the remaining automobile repair or public garage was a permitted use in the C-2 District. The auto repair originally was an accessory use at the service station, and has now become the primary use. A public repair garage requires C-4 zoning. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial This section of 34th Street is noted as commercial in the Comprehensive Land Use Plan, although it is not a U.S. or regional highway as suggested by the plan for C-4 zoning. The primary function of these hearings is to determine the compatibility of the request. One item discussed during the Planning Commission hearing was the number of vehicles that have stacked up on the property. Mr. Shing Kan Hon agreed to dispose of these excess vehicles. The proposal should have no additional impact on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: Limited to public repair garage and all unconditionally permitted C-3 uses. No vehicle sales or storage of non -customer vehicles shall be allowed. The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9843 with conditions as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 662 City Council Minutes September 28, 1995 Page 663 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4743 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 934-E; AMENDING CONDITIONS TO ALLOW OFFICES AND PROCESSING FOR REVERSE OSMOSIS WATER ON LOTS E-23 AND E-24, C. N. HODGES ADDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:47 p.m. Arden Hawkins appeared to present this request for zone change to amend conditions of Ordinance #4743. No one appeared in opposition. Mayor Langston closed the hearing at 12:50 p.m. Randy Henson, Senior Planner, presented staff comments. The zone case for these parcels was adopted in 1964. The proposal at that time was to develop an office park. The proposed non -office portion of the water company was not included as a permitted use. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - apartments West - commercial The parcel is noted on the Comprehensive Land Use Plan as commercial. The proposed use should be compatible with development in the area. The reverse osmosis processing and storage will be contained entirely within the building. No outside storage is allowed in the commercial districts. The Code of Ordinances requires that any new construction match the existing materials of other buildings in the area. The proposal should have no effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to offices and a business for processing and storage of reverse osmosis water. The staff supported the recommendation of the Planning & Zoning Commission. 663 City Council Minutes September 28, 1995 Page 664 (31.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance #9844 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. 0 1 1 1 lt. Dili! 1 1 f 1 1 I 1 1 1 :I l t► 1WMMV'111 1 III 1 11 1' AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2762; A ZONING CHANGE FROM T/R-1 TO A-2, ZONING, LIMITED TO A CHURCH, ON A SIX ACRE TRACT OUT OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:51 p.m. Ronald Key appeared on behalf of First Assembly of God to present this request for zone change from T/R-1 to A-2. No one appeared in opposition. Mayor Langston closed the hearing at 12:54 p.m. Randy Henson, Senior Planner, presented staff comments. The request would provide for a new church. Mr. Henson gave the adjacent land use relationships as follows: North - 98th and single family South - vacant, R-1 East - vacant, R-2 West - vacant, R-1 The Comprehensive Land Use Plan suggests that church sites be located on the perimeter of neighborhoods and adjacent to the thoroughfare system. This site meets both criteria. The proposal meets zoning policies. The development should have little effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following condition: limited to church and church related uses. The staff supported the recommendation of the Planning & Zoning Commission. 664 City Council Minutes September 28, 1995 Page 665 Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9845 with condition as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1986-C; A ZONING CHANGE FROM C-3 TO C-4, ZONING ON LOT 1, BLOCK 2, HILLCREST RESUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:55 p.m. Harley J. Hughes appeared on behalf of Riley Turner to present this request for zone change from C-3 to C4. No one appeared in opposition. Mayor Langston closed the hearing at 12:56 p.m. Randy Henson, Senior Planner, presented staff comments. Requests for allowing used car sales along the strip developed portions of our thoroughfares in older parts of the community have met with various responses from adjacent property owners. Used vehicle sales as a permitted use requires C-4 zoning. The vicinity of this parcel is currently zoned C-3. Mr. Henson gave the adjacent land use relationships as follows: North -commercial South -residential East -commercial West -commercial The Comprehensive Land Use Plan notes this area along 34th Street as commercial. The plan also has a guideline for C-4 zoning, or heavy commercial, that suggests location on regional or state highways because of the intensity of the permitted uses. Thirty-fourth Street is not so designated although only one of the permitted uses from the C-4 District is being requested. The proposed zone change would have little or no effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Limited to used vehicle sales and all unconditionally permitted C-3 uses. 665 City Council Minutes September 28, 1995 Page 666 The staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance #9846 with condition as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (33.) ZONE CASE NO. 2282-A (south of 4th Street and east of Milwaukee Avenue) --Hold a public hearing to consider request of Walter Mantooth for a zoning change from R-1, R-2 and A-1 to R-1 and R-2 on Lots 139-194, Westchester Park Addition and two tracts out of Section 9, Block J-S, and to consider ordinance. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2282-A; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO R-1 AND R-2 ZONING ON LOTS 139-194, WESTCHESTER PARK ADDITION AND TWO TRACTS OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:57 p.m. Doug Mantooth appeared on behalf of Walter Mantooth to present this request for zone change from R-1, R-2 and A-1 to R- 1 and R-2. No one appeared in opposition. Mayor Langston closed the hearing at 12:59 p.m. Randy Henson, Senior Planner, presented staff comments. The request will adjust existing zoning to accommodate the proposed platting and development of the area. The current zoning was according to a preliminary plat that has evolved with more single family and less commercial/apartments than originally contemplated, with the result being downzoning. Mr. Henson gave the adjacent land use relationships as follows: North - 4th Street South - single family East - vacant, R-1 West - vacant, both commercial and R-1 The request is acceptable within the Comprehensive Land Use Plan and zoning policies. The request should have little impact on traffic in the area. The Planning and Zoning Commission recommended approval of this request. The staff supported the recommendation of the Planning & Zoning Commission. 666 City Council Minutes September 28, 1995 Page 667 Motion was made by Councilmember Sitton, seconded by Mayor Pro Tem Neugebauer to pass on first reading Ordinance #9847 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (18.) Bid #13267-Custodial Services, and authorize same (SuppW Services) 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 Pedus Building Services of Lubbock, Texas to furnish all services as bid for the Custodial Services 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 28th 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 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 28th 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 Pedus Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. 667 City Council Minutes September 28, 1995 Page 668 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. 13267--City of Lubbock - Custodial Services - Various Building in the amount of $420,064.56 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: :'l1,u III II APPROVED AS TO CONTENT: ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) rpm 1-M.55 1= woI S1 purarAu APPROVED AS TO FORM: � . "a .- By: /s/ Name not Legible TITLE: Regional Manager Pedus Building Services P.O. Box 167 Lubbock, Texas 79401 This item was removed from the consent agenda. Mark Hindman, Director of Support Services, presented staff comments. Following discussion regarding staffs understanding of the City Council's directive regarding privatization of certain City functions, motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4969 as recommended by staff. Motion carried: 5 Yeas; 1 Nays-- Councilmember Hernandez. 668 City Council Minutes September 28, 1995 Page 669 According to staff memo, with a change in business plans, the proponent of this request does not intend to construct mini - warehouses on the parcel. The owner of the property requests denial of this request to clear the books. The land will remain zoned IDP (Industrial Park). The staff supported the request to deny the zone case. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to deny this zone case. Motion carried: 6 Yeas; 0 Nays. (23.) Ordinance #9837--Approving and adopting a budget for Fiscal Year 1995-96, 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. According to staff memo, the proposed budget was filed August 15, 1995, in accordance with state law and has been made available to the public in the City Secretary's office. On first reading, Mayor Pro Tem Neugebauer recused himself from voting on the following Capital Project Funds: Streets Capital Projects - Fund 915 Water System Improvements -Fund 225 Sewer System Improvements -Fund 235 No changes have been made to the budget since the public hearing and first reading of the ordinance. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton 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: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused. 669 City Council Minutes September 28, 1995 Page 670 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton 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: 6 Yeas; 0 Nays. KNOW 11 1 1' 1 1 1 1 , 1 1 �� ' 1 1► _`►C,i 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. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9838 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Ordinance #9839--Amending Chapter 23 of the City of Lubbock Code of Ordinances pertaining to charges for solid waste service. R' 1 ;i• 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 A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9839 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 670 City Council Minutes September 28, 1995 Page 671 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. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9840 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Ordinance #9841--Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for qualifying members; and establishing an effective date. ORDINANCE #9841 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9841 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. WHEREAS, the City Council of the City of Lubbock by resolution created and appointed the Neighborhood Certification Committee, charging them with the duty of drafting requirements for certification of neighborhood associations within the City of Lubbock;and 671 City Council Minutes September 28, 1995 Page 672 WHEREAS, the Neighborhood Certification Committee after drafting proposed guidelines, holding a series of open meetings, and requesting written comments, has recommended the attached Certification Guidelines for Lubbock Neighborhood Associations for approval and official recognition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Certification Guidelines for Lubbock Neighborhood Associations proposed by the Neighborhood Certification Committee are hereby approved for certification of neighborhood associations. Said Certification Guidelines are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Belly M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /,s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the guidelines for the Lubbock Neighborhood Associations are filed with Resolution No. 4970. Ross Crabtree, Neighborhood Coordinator, presented staff comments. The Neighborhood Certification Committee was created by the City Council in August 1994. As defined by Resolution #4514 passed on June 9, 1994, the seven appointed members of the certification committee were charged with drafting guidelines for the purpose of defining and certifying neighborhood associations. The working draft document was the result of many hours of research, study, discussion, and review of other cities' certification guidelines. The committee focused on four main principles in drafting the guidelines: establish and maintain public credibility encourage and increase citizen participation limit legal liability and avoid litigation 672 City Council Minutes September 28, 1995 Page 673 assure access to as many public and private resources as possible All meetings of the Neighborhood Certification Committee were open to the public, and representatives from the neighborhood associations were encouraged to attend and present ideas and issues of interest or concern. Copies of the first draft were mailed on March 14, 1995, to presidents of all city neighborhood associations with a letter requesting written comments by April 7, 1995. All written responses were reviewed by the committee in meetings held in April and May. The working draft was revised and ideas and suggestions that were received were incorporated. On May 17, 1995, the revised working draft was mailed to all neighborhood association presidents, along with an invitation to all interested parties to attend an open public forum hosted by the committee on May 30, 1995. Representatives from many of the neighborhood associations were present and participated in this public hearing. Revisions were made to the proposed guidelines based on comments received at this meeting, and the final draft was completed at committee meetings held in June and August of this year. At a meeting held on August 8, 1995, the Neighborhood Certification Committee, by a motion duly made and seconded, unanimously passed its final draft of The Certification Guidelines for Lubbock Neighborhood Associations to be forwarded to the City Council for its review and approval. The Certification Committee also drafted a sample set of by-laws as an example of by-laws which would comply with the proposed certification criteria. The Neighborhood Certification Committee recommended the approval of this resolution approving the Neighborhood Certification Guidelines. The Community Development & Neighborhood Initiatives staff also recommended the approval of the guidelines as they would help define the role and function of neighborhood associations as partners with the City. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to approve the guidelines with the following amendments: 1. the addition of language to require ratification of actions by the board of directors that are made prior to approval of the general membership 2. the addition of language to make the City Council the appellate body for any questions that cannot be resolved either through the Board of Standards and Practices and/or by the City of Lubbock Neighborhood Certification Committee. 673 City Council Minutes September 28, 1995 Page 674 Councilmember Ince asked for a friendly amendment to consider the two items separately. Councilmember Hernandez accepted the friendly amendment. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to approve the amendment to the guidelines requiring ratification of actions by a neighborhood associations' board of directors that are made prior to the approval of the general membership. Motion carried: 6 Yeas; 0 Nays. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to approve an amendment to the guidelines to make the City Council the appellate body for any questions that cannot be resolved either through the Board of Standards and Practices and/or by the City of Lubbock Neighborhood Certification Committee. Motion failed: 1 Yea-- Councilmember Hernandez; 5 Nays. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4970 with the one amendment that was approved. Motion carried: 6 Yeas; 0 Nays. (35.) Department's participation in the South Plains Auto Theft Prevention Task Force. RESOLUTION #4971 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 South Plains Auto Theft Prevention Task Force Agreement, between the Lubbock County Criminal District Attorney's Office and the Lubbock Police Department, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 674 City Council Minutes September 28, 1995 Page 675 Passed by the City Council this 28th 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/ Ken A. Walker Ken A. Walker, Chief of Police 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 South Plains Auto Theft Prevention Task Force is filed with Resolution No. 4971. Ken Walker, Chief of Police, presented staff comments. Lubbock County, through the Criminal District Attorney's Office, has received funding from the Texas Department of Transportation for a grant to form the South Plains Auto Theft Prevention Task Force. The formation of this task force will be a concentrated effort to reduce auto theft in Lubbock and the surrounding area. The Lubbock County Criminal District Attorney has requested the participation of the Lubbock Police Department in this task force and will reimburse the City of Lubbock for the salary, overtime, and fringe benefits for one police officer to be assigned to the task force. The Lubbock Police Department recommended the approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4971 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 11 TIN :. U.•.II MOMI I :J. ' WHEREAS, the area east of Avenue Q, north of 8th Street, west of Avenue O, and south of 7th Street has not yet been officially named, and 675 City Council Minutes September 28, 1995 Page 676 WHEREAS, the Civic Lubbock, Inc. Board and the City Council wish to honor and pay tribute to Buddy Holly, to other individuals who have gained national recognition in the field of the arts, music and entertainment who have an affiliation to Lubbock and the West Texas area, and to those local citizens who have devoted their lives to the development, promotion of art, music or entertainment in the West Texas area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the area east of Avenue Q, north of 8th Street, west of Avenue O, and south of 7th Street is hereby named "Buddy Holly Plaza" in honor of Buddy Holly; and THAT located within the Buddy Holly Plaza shall be (1) the Buddy Holly "Walk of Fame" designated to honor those individuals in the field of the arts, music and/or entertainment who have an affiliation to Lubbock and the West Texas area and who have gained national recognition in their field; and (2) the Buddy Holly "Terrace" (the raised seating area just west of the Buddy Holly statute) designated to honor citizens of the Lubbock region who have devoted a significant part of their lives to the development, promotion of regional art, music or entertainment in the West Texas area Passed by the City Council this 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn E. Aliamus Carolyn E. Aliamus, Managing Director, Culture and Leisure APPROVED AS TO FORM: /s/ Lind a L. Cha_males Linda L. Chamales Assistant City Attorney Chris Harmon, Assistant Civic Centers Manager, presented staff _ comments. When the Lubbock Memorial Civic Center was designed, the architects designated the conical shaped parcel just west of the Civic Center as the Entrance Plaza. This area was designed to accommodate a large fountain and represent the entrance to the Lubbock Memorial Center. 676 City Council Minutes September 28, 1995 Page 677 In 1978 a group of local citizens formed the Buddy Holly Memorial Foundation. One of their projects was to commission a heroic size statue of Buddy Holly. In 1980, the statue of Buddy Holly was placed in the Civic Center Entrance Plaza. By the time of the unveiling, the area was referred to as the Buddy Holly Walk of Fame. The Walk of Fame pays tribute to people from the West Texas area who have made significant contributions in the entertainment industry. The idea was to honor local citizens who had acquired national recognition in the field of music or entertainment and by 1980, two people had been inducted. In 1983, Civic Lubbock, Inc., took over the induction ceremony and over the past thirteen years Civic Lubbock, Inc., has inducted thirty individuals. To carry the idea of the Walk of Fame one step further, Civic Lubbock, Inc., has envisioned a tribute area that would recognize citizens of the Lubbock region who have devoted a significant part of their lives to the development, promotion or production of regional art, music or entertainment in the West Texas area. The location of this tribute area would be the raised seating area just west of the Buddy Holly statue. It is suggested that this area be named the Buddy Holly Terrace. Although the entire area has been referred to as the Buddy Holly Walk of Fame area, it has never been officially dedicated as such. It is for this reason that the Civic Lubbock, Inc., Board recommended that the area be officially dedicated as the Buddy Holly Plaza. Located within will be the Buddy Holly Walk of Fame and the Buddy Holly Terrace. Staff recommended approval. Motion was made by Councilmember Sitton, seconded by Councilmember Cooke to authorize Resolution #4972 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. VIV-__YI1Ai1lt_�1', ' JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, in October of 1993, Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County were approved; and 677 City Council Minutes September 28, 1995 Page 678 WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for all Taxing Units within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon the expiration of the previously approved guidelines. Passed by the City Council of the City of Lubbock this 28th day of September 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BgM M. Johnson Betty M. Johnson, City Secretary Passed by the Lubbock County Commissioners this 9th day of October 1995. /s/ Don McBeath DON MCBEATH COUNTY JUDGE ATTEST: /s/ Ann Davidson Ann Davidson, Secretary Passed by the Board of Trustees of Lubbock Independent School District this 12th day of October 1995. /s/ William Miller WILLIAM MILLER, PRESIDENT ATTEST: /s/ Roy T. Grimes Roy T. Grimes, Secretary A copy of Exhibit "A" is filed with Resolution No. 4973. 678 City Council Minutes September 28, 1995 Page 679 Joel Beesinger, Interim Director of Business Development, presented staff comments. In October 1993, the Lubbock City Council, the Lubbock County Commissioners, and Lubbock Independent School District Board of Trustees adopted the guidelines and criteria governing tax abatement for all taxing units contained within Lubbock County. These guidelines by law have to be readopted every two years. There have also been several changes in the laws which govern tax abatement in enterprise zones due to the last legislative session. These changes became effective on September 1, 1995. The existing industrial tax abatement guidelines allow for 10 years tax abatement, with a minimum investment of $500,000 for modernization and expansions, and a minimum investment of one million dollars for new facilities. Whether it is a modernization and expansion, or a new facility, the company must create at least 10 new jobs. If the investment amount is below the $500,000 or one million dollars, the company must increase their employment by 25 percent to be eligible. Staff suggests no changes to the industrial guidelines at this time, except housekeeping changes due to the new legislation. The annual cost to the city in lost tax revenue for tax abatements granted for industrial projects in the enterprise zones is $23,853 for the 5 tax abatements granted since the creation of the zones. There were several changes in the laws which govern tax abatement and Enterprise Zones. The changes which will affect industrial tax abatement in the City of Lubbock are as follows: Property tax abatement agreements executed by more than one taxing unit for property in an enterprise zone do not have to contain identical abatement terms. The differences are limited to length of time and percent of abatement. In other words, the County and School District can prepare separate contracts providing different lengths of time or percent of abatement than the City of Lubbock. This change is limited to enterprise zones, and does not include reinvestment zones, which means that only on industrial tax abatements on property in the enterprise zones can the terms of the contracts be different. (HB2065) Staff recommended that no changes, other than normal housekeeping changes due to the recent legislation, be made to the Industrial Tax Abatement guidelines. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4973 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 679 City Council Minutes September 28, 1995 Page 680 (38.) Consider Joint Resolution #4974 of the City of Lubbock City Council. the Lubbock CouW Commis ion .rs, and the Lubbock Independent School District Board of Trustees to adopt guidelines and criteria for commercial tar abatement agreements in accordance with the PrnnPrty RPdPVPlonment V JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT. WHEREAS, there have been created two enterprise zones within the areas under the jurisdiction of the City of Lubbock, the County of Lubbock and the Lubbock Independent School District; and WHEREAS, in October of 1993, each of the above described entities approved uniform guidelines and criteria for the application of incentives within the designated enterprise zones; and WHEREAS, the guidelines and criteria approved will expire under the terms of the Property Redevelopment and Tax Abatement Act upon the second anniversary of their adoption; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Lubbock, the County Commissioners of Lubbock County and the Board of Trustees of Lubbock Independent School District hereby approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial Projects within the designated City of Lubbock Enterprise Zones, which guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes. These guidelines shall become effective upon the expiration of the previously approved guidelines. THAT this Resolution in no manner effects additional local incentives which may be added or deleted by the various governing bodies during the life of the enterprise zones as required to obtain the best possible mix of incentives to insure the success of the enterprise zone program. Passed by the City Council of the City of Lubbock this 28th day of September 1995. ATTEST: /s/ Bel1y M. Johnson Betty M. Johnson, City Secretary /s/ David R. Langston DAVID R. LANGSTON, MAYOR 680 City Council Minutes September 28, 1995 Page 681 Passed by the Lubbock County Commissioners this 9th day of October 1995. /s/ Don McBeath DON MCBEATH COUNTY JUDGE ATTEST: /s/ Ann Davidson Ann Davidson, Secretary Passed by the Board of Trustees of Lubbock Independent School District this 12th day of October 1995. /s/ William Miller WILLIAM MILLER, PRESIDENT ATTEST: /s/ Roy T. Grimes Roy T. Grimes, Secretary A copy of Exhibit "A" is filed with Resolution No. 4974. Joel Beesinger, Interim Director of Business Development, presented staff comments. In October 1993, the Lubbock City Council, the Lubbock County Commissioners, and Lubbock Independent School District Board of Trustees adopted the guidelines and criteria for commercial projects in designated enterprise zones in the City of Lubbock. These guidelines by law have to be readopted every two years. There have also been several changes in the laws which govern tax abatement in enterprise zones due to the last legislative session. These changes became effective on September 1, 1995. At the present time, the commercial abatement guidelines only allow up to five years tax abatement with the creation of five new jobs. These guidelines have no minimum investment criteria, as they are solely based on job creation. Staff recommended that changes be made to the commercial guidelines to allow for 10 years maximum tax abatement with a step increase in jobs and investment for additional years past the five years now allowed. The requirement for five years tax abatement would still be 5 new jobs, but to qualify for more than 5 years, staff suggests the addition of financial investment criteria as well as additional job creation. For example: To be eligible for 6 years tax abatement, the company would have to invest $1 million and increase the number of jobs by 5 or 5 percent. This change would allow the City of Lubbock to be more competitive with other Texas cities who have more incentive money, but have stricter tax abatement guidelines. In the time since the zones were created, the city has granted 7 commercial tax abatements at an annual cost of $13,863. 681 City Council Minutes September 28, 1995 Page 682 There were several changes in the laws which govern tax abatement and enterprise zones. The changes which will affect commercial tax abatement in the enterprise zones are detailed below: Property tax abatement agreements executed by more than one taxing unit for property in an Enterprise Zone do not have to contain identical abatement terms. The differences are limited to length of time and percent of abatement. In other words, the County and School District can prepare separate contracts providing different lengths of time or percent of abatement than the City of Lubbock. This change is limited to Enterprise Zones, it does not include reinvestment zones. (HB2065) One of the major changes in the tax code was an added incentive to make up for the lack of school district participation in tax abatement. This incentive allows a qualified company refunds of State sales and franchise tax payments if they meet specific criteria. Some of the criteria include an increase in the business' payroll by $3 million or increase in the appraised value of the business' property by $4 million. The bill amends Chapter 111, Tax Code, by requiring the Comptroller to issue a refund of State sales and franchise tax payments paid by a taxpayer when the applicant (taxpayer) presents the specified amount of school taxes paid on property that has been abated by municipality or county. The refund will be limited to the net amount of the State franchise and State tax paid into the State's General Fund during the calendar year or the total school property tax paid for that year. The total amount of tax refunds will be capped at $10 million per fiscal year for the entire state. (SB345) Qualified businesses designated as Enterprise Zone Projects are to receive priority over other applicants for Smart Jobs Program funding. Staff recommended that the following changes be made to the Commercial Tax Abatement Guidelines as well as some minor changes due to the change in the laws: A business must clearly add to the Lubbock economic base. Compliance with this creation must show that additional jobs are being provided and the jobs being proposed will not simply displace other similar jobs in the community. Qualifications for up to five years tax abatement: The creation of at least five new jobs. 682 City Council Minutes September 28, 1995 Page 683 Qualification for six years tax abatement: Create and retain a minimum of five new jobs or increase existing employment by 5 percent. Minimum investment $1 million dollars. Qualification for seven years tax abatement: Create and retain a minimum of ten new jobs or increase existing employment by 10 percent. Minimum investment $2 million dollars. Qualification for eight years tax abatement: Create and retain a minimum of fifteen new jobs or increase existing employment by 15 percent. Minimum investment $3 million dollars. Qualification for nine years tax abatement: Create and retain a minimum of twenty new jobs or increase existing employment by 20 percent. Minimum investment $4 million dollars. Qualification for ten years tax abatement: Create and retain a minimum of twenty-five new jobs or increase existing employment by 25 percent. Minimum investment $5 million dollars. In no event shall taxes be abated for a term in excess of ten years. These changes to the guidelines and criteria governing tax abatement will require adoption by resolution to become effective by each of the affected jurisdictions. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize a 5-year tax abatement rather than a 10-year tax abatement. Motion failed: 2 Yeas; 4 Nays -- Mayor Langston, Councilmember Hernandez, Councilmember Sitton, and Councilmember Cooke. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to authorize Resolution #4974 as recommended by staff. Motion carried: 4 Yeas; 2 Nays --Mayor Pro Tem Neugebauer and Councilmember Ince. 683 City Council Minutes September 28, 1995 Page 684 (38A.) Take appropriate action to appoint a City Attorney for the City of Lubbock. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to appoint Anita Burgess as the City Attorney for the City of Lubbock, effective December 1, 1995, with a salary of $105,000 with normal benefits for that position. Motion carried: 6 Yeas; 0 Nays. (41.) BID ##13364--Street Paving - 66th/69th Street -Chicago Avenue to Slide Road, and authorize same (Street/Drainage Engineering). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract and all related documents by and between the City of Lubbock and West Texas Paving, Inc., of Lubbock to furnish and install all services and materials as bid for the Street Paving - 66th/69th Street - Chicago Avenue to Slide Road 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 28th day of September 1995. ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO CONTENT: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 684 City Council Minutes September 28, 1995 Page 685 CKm►11 MtTAO" STATE OF TEXAS 6 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 28th 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 West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. in the amount of $356,433.00 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: APPROVED AS TO CONTENT: ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) 411 U U ' 011V/91N .-Ilk l0110]Skii CONTRACTOR By: TITLE: West Texas Paving, Inc. P.O. Box 64187 Lubbock, Texas 79464 685 City Council Minutes September 28, 1995 Page 686 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #4975 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from any discussion and voting. The Council recessed into executive session at 2:07 p.m. and reconvened at 5:12 p.m. (39.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(,11), to discuss personnel matters City Attorney and City Manager), (40.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Planning & Zoning and Water Utilities), (42.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters rcgarding 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 Central Appraisal District Board of Directors 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 686 City Council Minutes September 28, 1995 Page 687 There being no further business to come befo cil and without objection, the meeting adjourned at 5:12 p.m. �--� ATTEST: 3t Lt'- )-J" C�4� - Betty . Johnson, Itity Secretary Read and approved this the 12th day of ATTEST: Betty M."Johns-o-tT, City Secretary 687