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.
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This item was deleted from the agenda.
This item was deleted from the agenda.
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(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.
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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:
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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.
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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
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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