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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/14/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 14, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 14th day of December 1995, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney Anita Burgess and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:04 A.M. ( 1.) The Invocation was given by Rabbi Sherman Stein, Pastor of Congregational Shaareth Israel Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Mayor David R. Langston proclaimed December 14, 1995, as "Lubbock Christian High School Volleyball Team Day" in honor of the Lady Eagles winning the TAPPS 2A State Girls Volleyball Championship. The Lubbock High School Lady Eagles recently won the 1995 Texas Association of Private Schools Level II State Volleyball Championship for the second year in a row. In honor of this achievement, Mayor Langston proclaimed December 14, 1995, as "Lubbock Christian High School Girls Volleyball Team Day." ( 4.) Mayor David R. Langston and the City Council recognized John Ross,, City Attorney, for his accomplishments during his tenure at the City of Lubbock. City Attorney John Ross, Jr., retired from the City of Lubbock effective December 1, 1995. Mr. Ross has served the City of Lubbock for the past 17 years. Mayor Langston and the City Council presented a framed copy of a resolution acknowledging Mr. Ross' service. ( 4A.) Mayor Langston and Councilmember Patterson recognized individuals who have participated in the various marches against crime and violence. Councilmember Cooke presented a sample of the monogrammed jackets that will be given to the marchers. City Council Meeting December 14, 1995 Page 864 ( 5.) ORDINANCE #9865--Zone Case No 2126-B (south of 501h Street and west of Chicago) --Request of Henry Huneke (for H. A. Sessions) for a zoning change from C-2 and C-3 to A-2 on a Portion of Section 28, Block E-2. ORDINANCE #9865 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-13; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9865 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. ( 6.) ORDINANCE #9866--Zone Case No. 2718-A (6506 and 6508 4th Street) --Request of Don Osborne (for Kurion Development Company) for a zoning change from R-2 to A-2 limited to a personal care facility on Lots 212 and 213, Terra Estates North Addition. ORDINANCE #9866 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2718-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON LOTS 212 & 213, TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9866 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (7.) ORDINANCE #9867--Zone Case No. 2303-A (west of West Loop 289 and south of 11th Place) --Request of Fred Wilson, Jr., Afor LBB Mgmt., Inc.) for a zoning change from A-1 to C-4 Specific Use limited to model home sales and office and all permitted GO uses on a tract out of Section 9, Block JS. ORDINANCE #9867 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2303-A; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING LIMITED TO MODEL HOME SALES AND OFFICE, ON A TRACT OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Meeting December 14, 1995 Page 865 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9867 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. ( 8.) ORDINANCE #9868--Zone Case No 1837-D (southeast corner of Frankford and Erskine) --Request of Ken Flagg (for McDougal Construction) for a zoning change from C-2 to R-2 (for duplexes) on Tract B, Horizon West Addition. ORDINANCE #9868 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1837-D; A ZONING CHANGE FROM C-2 TO R-2 ZONING ON TRACT B, HORIZON WEST ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9868 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. ( 9.) ORDINANCE #9869--Zone Case No 2766 (5501-5505 34th Street) --Request of Rev. Renae Phillips (for Metropolitan Community Church) for a zoning change from R-1 to A-2 limited to church and church related uses, a Personal care facility or an adult day care facility on Tract B, Sagemont Addition. ORDINANCE #9869 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2766; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO A CHURCH, A PERSONAL CARE FACILITY OR AN ADULT FOSTER/DAY CARE FACILITY, ON TRACT B, SAGEMONT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9869 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. City Council Meeting December 14, 1995 Page 866 (10.) ORDINANCE #9871--Consider an amendment to the Zoning Code to allow laundry and dry cleaning shops not exceeding 5,0, 00 square feet in the -2 District (versus the current "family bundle laundry" definition ORDINANCE #9871 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-17, ENTITLED "C-2 LOCAL RETAIL DISTRICT", TO ALLOW LAUNDRY AND DRY CLEANING SHOPS NOT EXCEEDING 5,000 SQUARE FEET AS A PERMITTED USE AND BY AMENDING SECTION 29-18, ENTITLED `C-3 GENERAL RETAIL DISTRICT" BY DELETING SECTION 29-18(c)(4), CLEANING, DYING OR DRY CLEANING SHOPS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9871 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. (11.) Ordinance #9864--Abandoning and closing a two -foot underground street -light cable easement in Lot 206, King Gate Addition (4011 93rd Street) ORDINANCE #9864 AN ORDINANCE ABANDONING AND CLOSING A TWO FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 206, KING'S GATE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9864 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Patterson was absent from the City Council Chambers. :.. City Council Meeting December 14, 1995 Page 867 (12.) Consider Resolution #5051 authorizing the Mayor to execute a street and alley -use license for an overhead communications cable with Beck Steel (711 4th Street). RESOLUTION #5051 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street and Alley Use License in favor of Beck Steel, Inc. for overhead communications cable, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Street and Alley Use License in favor of Beck Steel, Inc., is filed with Resolution No. 5051. According to staff memo, this street and alley -use license is for a private overhead communications cable which will run from the Beck Steel office to their warehouse in the 5th Street and Avenue G area. The cable will cross two alleys, 5th Street and Avenue G, for a total area crossed of 430 square feet. The cost of the license is the $50 minimum per year, or $250 for the first five- year term. The length of term for this license is 20 years, payable every five years. The $150 application fee has been paid and no utility problems are involved. The Right -of -Way Department recommended the approval of this street and alley -use license. EXONA City Council Meeting December 14, 1995 Page 868 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5051 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (13.) Consider Resolution #5052 authorizing the Mayor to execute a Runway Protection Zone Easement with Texas A&M University (Airport). RESOLUTION #5052 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 Runway Protection Zone Easement, the City of Lubbock being Grantee and the Board of Regents of the Texas A&M University System being Grantor, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Runway Protection Zone Easement by and between the City of Lubbock and Texas A&M University System is filed with Resolution No. 5052. According to staff memo, the Federal Aviation Agency requires the acquisition of a Runway Protection Zone Easement at Lubbock International Airport. This easement is located at the north end of the airport on property owned by Texas A&M and is used as an agricultural experiment farm. This easement grants the City the right to fly aircraft over Texas A&M's property at a certain height level and, in exchange, Texas A&M will not erect City Council Meeting December 14, 1995 Page 869 or permit the erecting or growth of any structure, trees, or other objects in this easement area which could enter into the flight pattern of approaching aircraft. An appraisal was completed by Jimmy Goddard and his appraisal indicated a value of $1,395 for this easement, an amount which Texas A&M has accepted. The Right -of -Way Department recommended the approval of this Runway Protection Zone Easement with Texas A&M. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5052 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (14.) Consider Resolution #5053 authorizing the Mayor to execute a Fixed Base Operator Agreement between the City of Lubbock and Chaparral, Inc. RESOLUTION #5053 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 Fixed Base Operator Agreement by and between the City of Lubbock and Chaparral, Inc., attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Fixed Base Operator Agreement by and between the City of Lubbock and Chaparral, Inc., is filed with Resolution No. 5053. :" City Council Meeting December 14, 1995 Page 870 According to staff memo, Chaparral Aviation has been operating a Fixed Base Operator (FBO) at Lubbock International Airport for the past 15 years. In December 1994, Chaparral's primary FBO lease expired. Since that time, Chaparral has been operating under a temporary agreement and has been working with the Department of Aviation to develop a new unified lease that would tie together all existing arrangements and would add additional space to the leasehold to accommodate further expansion of its business. The proposed agreement has an initial term of 10 years. After that, the agreement reverts to a year-to-year basis for 10 years. As a part of the agreement Chaparral has agreed to improve the facilities at their own cost in exchange for a partial rental abatement. When the agreement terminates, the improvements become the property of the City. The total value of Chaparral's improvements will be $58,000. In exchange for this, the total amount of the rental abatements that the City will allow over the full term of agreement will be $35,000. Both the Airport Board and the Department of Aviation recommended approval of this agreement. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5053 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (15.) Consider Resolution #5054 accepting Street Maintenance improvements constructed by Williams & Peters Construction Company. Inc., under the 1995 Street Maintenance ProLyram. RESOLUTION #5054 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 12, 1995, authorizing the construction of street maintenance improvements by Williams & Peters Construction Company, Inc., on a portion of the following: City Council Meeting December 14, 1995 Page 871 N. Martin L. King, Jr Stonehill Street Bluefield Road Dubuque Street N. Guava Avenue N. Ivory Avenue E. Cornell Street E. Itasca Street E. Emory Street Teak Avenue E. 15th Street Ash Avenue E. 20th Street Birch Avenue Southeast Drive Birch Avenue Date Avenue E. 29th Street Coronado Drive Southeast Drive Globe Avenue Elm Avenue Fir Avenue E. 22nd Street Hickory Avenue E. 25th Street E. 24th Street Fir Avenue Oak Avenue E. 25th Street E. 27th Street E. 29th Street Ute Avenue E. 30th Street E. 28th Street Walnut Avenue Magnolia Avenue E. 38th Street E. 40th Street Locust Avenue Locust Avenue Avenue K 6th Street Paris Avenue Avenue O 14th Street Avenue N 24th Place Avenue M Avenue O 1995 Street Maintenance Program List of Streets Improved From FM 2641 185' E. of MLK I-27 Walnut Avenue Bluefield Road Municipal Drive N. Ivory Avenue N. Ivory Avenue N. Ivory Avenue loth Street Martin L. King, Jr. Blvd E. 23rd Street Ash Avenue E. 19th Street E. 19th Street E. 23rd Street E. 20th Street Juniper Avenue Juniper Avenue Coronado Drive Cul-de-sac N. of E. 24th Southeast Drive E. 22nd Street Fir Avenue E. 25th Street Globe Avenue Globe Avenue E. 23rd Street E. 24th Street Cul-de-sac W. of Redbud Cul-de-sac W. of Redbud Redbud Avenue E. 29th Street Ute Avenue Walnut Avenue E. 28th Street E. 37th Street Magnolia Avenue Martin L. King, Jr. Blvd E. 37th Street E. 34th Street 9th Street Avenue J 5th Street loth Street Avenue M 23rd Street Avenue L 23rd Street 23rd Street TO Stonehill Street FAA Tower Parking Lot Deadend to West N. Guava Avenue Deadend N. of Bluefield E. Cornell Street N. Martin L. King, Jr N. Martin L. King, Jr N. Martin L. King, Jr E. Broadway Magnolia Avenue E. 20th Street Southeast Drive E. 20th Street E. 20th Street E. 26th Street Cul-de-sac S. of 26th Street Southeast Drive Southeast Drive E. 20th Street E. 26th Street Cul-de-sac S. of E. 26th St. E. 23rd Street Elm Avenue Southeast Drive Hickory Avenue Fir Avenue E. 26th Street Weber Drive E. 26th Street Teak Avenue Cul-de-sac to West E. 30th Street Beech Avenue Beech Avenue E. 30th Street E. 40th Street Martin L. King, Jr. Blvd Locust Avenue E. 40th Street E. 36th Street loth Street Avenue K Cul-de-sac to South 16th Street Avenue N 25th Street Avenue P 25th Street 24th Place 871 City Council Meeting December 14, 1995 Page 872 20th Street Avenue L Avenue M 21 st Street Avenue L Avenue M 24th Street Avenue K Avenue L 25th Street Avenue L Texas Avenue 30th Street Avenue L Avenue P Avenue M 30th Street 34th Street 33rd Street Avenue M Avenue P Avenue N 30th Street 34th Street 39th Street Avenue P Avenue Q 42nd Street Avenue L Avenue P E. 38th Street Elm Avenue Globe Avenue E. 37th Street Avenue A Globe Avenue King Avenue E. 34th Street E. 37th Street E. 37th Street Ivory Avenue King Avenue E. 36th Street Ivory Avenue King Avenue E. 36th Street Globe Avenue Elm Avenue E. 35th Street Ivory Avenue King Avenue Ivory Avenue E. 35th Street E. 37th Street E. 35th Street Avenue A Globe Avenue Elm Avenue E. 35th Street E. 37th Street Globe Avenue E. 40th Street E. 50th Street E. 52nd Street Oak Avenue King Avenue E. 49th Street Martin L. King, Jr. Blvd Ute Avenue E. 48th Street Martin L. King, Jr. Blvd Ute Avenue E. 47th Street Martin L. King, Jr. Blvd Ute Avenue Teak Avenue E. 47th Street E. 50th Street Ute Avenue E. 47th Street E. 50th Street 52nd Street I-27 Avenue G Ash Avenue Slaton Highway End of Paving to North Ash Avenue Slaton Highway End of Paving to South 66th Street I-27 Slaton Highway Ash Drive Slaton Highway End of Paving to North 80th Street Ash Avenue I-27 81st Street Ash Avenue I-27 Ash Avenue South Loop 289 74th Street 74th Street Ash Avenue Avenue B 77th Street Ash Avenue Avenue B 76th Street Avenue B Deadend to West Avenue B 74th Street 76th Street 77th Street Avenue D I-27 78th Street Avenue D I-27 Avenue F 76th Street 77th Street 79th Street Ash Avenue I-27 Avenue S South Loop 289 Alley S. of 74th Street 74th Street Avenue S Avenue U Avenue Y 73rd Street 74th Street 73rd Street Avenue Y Avenue X Avenue X South Loop 289 73rd Street 81st Street Elgin Avenue Gary Avenue Elkridge Avenue 81st Street Cul-de-sac to South Flint Avenue 81st Street Cul-de-sac to South Fremont Avenue 81st Street Cul-de-sac to South 81st Street Elgin Avenue Indiana Avenue Geneva Avenue 81st Street Cul-de-sac to South 84th Street Alley W. of Elkridge Ave. Hartford Avenue Joliet Avenue 86th Drive 90th Street 872 City Council Meeting December 14, 1995 Page 873 87th Street 89th Street 88th Street Joliet Avenue 83rd Drive Jordan Avenue Joliet Avenue 84th Street 85th Street 84th Street 86th Street 83rd Street Hudson Avenue 82nd Street 86th Street Knoxville Drive Jordan Drive Kenosha Avenue Jordan Drive Knoxville Avenue Knoxville Avenue Louisville Avenue Kenosha Avenue Kenosha Avenue 86th Street Quinton Place Quinton Avenue Raleigh Avenue Peoria Avenue 97th Street 92nd Street 84th Street Aberdeen Avenue Abbeville Avenue 97th Street Aberdeen Avenue 93rd Street Dover Avenue 87th Street 85th Street 84th Street 83rd Street Dover Avenue Colton Avenue 82nd Street (South 22') Clinton Avenue 75th Street Geneva Avenue 72nd Street 73rd Street Huron Avenue Genoa Avenue Homestead Avenue 74th Street 74th Street 71 st Street Joliet Avenue Joliet Avenue Joliet Avenue 86th Drive 86th Street 83rd Drive 83rd Drive 83rd Drive 83rd Drive Knoxville Drive Knoxville Drive Indiana Avenue 82nd Street Ithaca Avenue Memphis Avenue 82nd Street 86th Drive 86th Drive 86th Drive 86th Drive 86th Drive Knoxville Drive Knoxville Drive 86th Drive Quaker Avenue 86th Street 85th Street 86th Street 96th Street Cul-de-sac E. of Peoria Slide Road Slide Road 82nd Street 98th Street Abbeville Avenue 96th Street Clinton Avenue Cul-de-sac @ 87th Street Chicago Avenue Dover Avenue Chicago Avenue Chicago Avenue 84th Street 82nd Street Chicago Avenue 83rd Street Frankford Avenue 75th Street Iola Avenue Genoa Avenue 73rd Street 71 st Street 71st Street Genoa Avenue Homestead Avenue Grover Avenue Cul-de-sac to North Cul-de-sac to East Cul-de-sac to East Cul-de-sac to North Knoxville Drive Cul-de-sac to North Cul-de-sac to North Cul-de-sac to East Cul-de-sac to East Cul-de-sac to East Cul-de-sac to East Cul-de-sac E. of Hudson 83rd Street Knoxville Avenue Knoxville Drive Memphis Drive Knoxville Drive Knoxville Drive Cul-de-sac to South Cul-de-sac to North 90th Street 86th Drive 82nd Street 90th Street Cul-de-sac to West Cul-de-sac to North 87th Street Cul-de-sac to North 97th Street Cul-de-sac W. of Peoria Vicksburg Avenue Albany Avenue 84th Street 97th Street Aberdeen Avenue Cul-de-sac S. of 97th St Colton Avenue 89th Street Dover Avenue Chicago Avenue Colton Avenue Colton Avenue 86th Street 84th Street Colton Avenue Cul-de-sac to North Homestead Avenue Alley S. of 73rd Street Genoa Avenue Iola Avenue 74th Street 72nd Street 75th Street Cul-de-sac E. of Frankford Cul-de-sac E. of Homestead Iola Avenue 873 City Council Meeting December 14, 1995 Page 874 70th Street Grover Avenue Cul-de-sac E. of Grover Huron Avenue 72nd Street 73rd Street Iola Avenue Alley N. of 68th Street Alley S. of 73rd Street Genoa Avenue 63rd Street 66th Street 64th Street Genoa Avenue Frankford Avenue Genoa Avenue 63rd Street Spur 327 63rd Street Frankford Avenue Homestead Avenue Chicago Avenue South Loop 289 66th Street Aberdeen Avenue South Loop 289 68th Street 75th Street Slide Road Albany Avenue Aberdeen Avenue 73rd Street 75th Street 72nd Street 73rd Street Albany Avenue 75th Street Albany Avenue Bangor Avenue 80th Street Slide Road York Avenue York Avenue 80th Street 82nd Street Winston Avenue 78th Street 82nd Street 79th Street York Avenue 79th Drive Zoar Avenue 78th Street 79th Street 78th Street Slide Road Zoar Avenue 79th Drive 79th Street Cul-de-sac to North Joliet Avenue 64th Street 66th Street 64th Street Indiana Avenue Gary Avenue Avenue S Alley N. of 69th Street South Loop 289 Avenue S 56th Street 58th Street E. 12th Street E. Loop 289 Deadend to East E. 16th Street E. Loop 289 Deadend to East E. 19th Street E. Loop 289 City Limit to East 85th Street Slide Road 95' to West 86th Street Slide Road 95' to West 88th Street Slide Road 96' to West 91st Street Slide Road 74' to West N. Avenue K Erskine Street Duke Street N. Avenue T Harvard Street Marshall Street N. Vernon Avenue Cornell Street Erskine Street Amherst Street University Avenue Boston Avenue Dartmouth Street University Avenue Akron Avenue Emory Street Akron Avenue Detroit Avenue Fordham Street Clovis Road Detroit Avenue Landmark Drive Landmark Lane End of Paving to North Quaker Avenue Clovis Road N. Loop 289 5th Street Toledo Avenue Cul-de-sac E. of Salisbury Salem Avenue 7th Street 13th Street 13th Street Chicago Avenue Slide Road 6th Street Bangor Avenue Cul-de-sac E. of Bangor Slide Road 19th Street 29th Street 34th Street Flint Avenue Louisville Avenue 34th Street (S 7') Flint Avenue University Avenue 34th Street (N T) Flint Avenue University Avenue Gary Avenue 23rd Street 25th Street 20th Street Boston Avenue Indiana Avenue Canton Avenue 19th Street 23rd Street Detroit Avenue 19th Street 21st Street Elgin Avenue 19th Street 23rd Street Hartford Avenue 19th Street 23rd Street 21st Street University Avenue Indiana Avenue 23rd Street University Avenue Flint Avenue City Council Meeting December 14, 1995 Page 875 Akron Avenue 51 st Street Raleigh Avenue Valencia Avenue 5th Street 2nd Place Auburn Street (S 1/2) Juneau Avenue 54th Street 20th Street Quaker Avenue 50th Street 4th Street Valencia Avenue Frankford Avenue Elkhart Avenue 21st Street Avenue U 23rd Street Salem Avenue 55th Street 5th Street Cul-de-sac to West Elkhart Avenue Chicago Avenue 26th Street University Avenue PARKING LOTS IMPROVED Federal Aviation Administration Tower Traffic Maintenance Sign Shop WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $51,319.86. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 14th day of December 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver _ Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 875 City Council Meeting December 14, 1995 Page 876 According to staff memo, this item is a routine acceptance of the 1995 Street Maintenance Program, consisting of single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $1,687,251.30. Final contract price is $1, 631, 608.65 . Final payment due the contractor upon acceptance is $51, 319.86. The Street Department recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5054 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (16.) Bid #13407--1996 Street Maintenance Program, and authorize same (Street Department). RESOLUTION #5055 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 High Plains Pavers, Inc., of Plainview, Texas to furnish and install all services and materials as bid for the 1996 Street Maintenance Program, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December 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 City Council Meeting December 14, 1995 Page 877 CONTRACT STATE OF TEXAS 6 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of December 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 High Plains Pavers, Inc., of the City of Plainview, County of Hale, 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. 13407-4996 Street Maintenance Program in the amount of $1,684,057.86 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Don Jennings ATTEST: /s/ Mary Hinds Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver High Plains Pavers, Inc. CONTRACTOR By: /s/ Carroll Williams TITLE: Vice President High Plains Pavers, Inc. P.O. Box 398 Plainview, Texas 79073-0398 877 City Council Meeting December 14, 1995 Page 878 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5055 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (17.) Bid #13409--Lubbock Power & Light Plant 2 Controls for Boilers No. 4 & No. 5, and authorize same (Electric Productionl. RESOLUTION #5056 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 ABB Kent Taylor, Inc., of West Henrietta, New York, to furnish and install all services and materials as bid for the Lubbock Power and Light Plant 2 Controls for Boilers No. 4 and No. 5, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR M. . City Council Meeting December 14, 1995 Page 879 CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of December 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 ABB Kent Taylor, Inc., of the City of West Henrietta, County of Monroe, and the State of New York, 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. 13409--LP&L Plant 2 Controls for Boilers #4 & #5 in the amount of $148,456.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver ABB Kent Taylor, Inc CONTRACTOR By: /s/ Robert R. Anken TITLE: Director, Project Engineering e City Council Meeting December 14, 1995 Page 880 COMPLETE ADDRESS: ABB Kent Taylor, Inc. 1175 John Street West Henrietta, New York 14586 or P.O. Box 20550 Rochester, New York 14602-0550 Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #5056 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (18.) Bid #13411--PVC Pipe and Valves (Water Utilities). Marta Company--14,740 Ft 12" C-900 PVC Water Pipe; 500 Ft 10" C-900 PVC Water Pipe; 500 Ft 8" C-900 PVC Water Pipe; 1,360 Ft 6" C-900 PVC Water Pipe; 8,690 Ft 4" C-900 PVC Water Pipe; 5 Ea 12" MJ Gate Valve; 6 Ea 4" MJ Gate Valve; 11 Ea 4" Tapping Valve with Gasket. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. (19.) Bid #13414--Cable Wire Central Warehouse). Techline, Inc.--20,000 Ft 12/2 OF Cable 3/4" Pipe, Item No. 614210003; 30,000 Ft 1/0 Primary in Pipe, Item No. 614540081. Priester Supply Company, Inc.--30,000 Ft #2 Triplex in 1 1/4" Pipe, Item No. 614210005; 30,000 Ft 1/0 Primary out of Pipe, Item No. 614540082. Temple, Inc.--22,500 Ft 4/0 Single Conductor Cable, Item No. 614540079. Cummins Utility Supply--8,000 Ft 4/0 Quad in Pipe Cable, Item No. 614540097. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Patterson was absent from the City Council Chambers. City Council Meeting December 14, 1995 Page 881 (20.) ORDINANCE #9870--Zone Case No 1996-F (south of 66th Street and west of Albany) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from A-1 to A-2 limited to a personal care facility on a tract out of Section 27, Block E-2. ORDINANCE #9870 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1996-F; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9870 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from any discussion and voting on this item. Councilmember Patterson was absent from the City Council Chambers. (21.) Consider Resolution #5057 accepting street paving improvements constructed by Zahn Paving, Inc., in Summerfield Addition, Lots 1-107 and Tract "A-1" through "A-3" and "B". RESOLUTION #5057 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-107 and Tracts "A-1" through "A-3" and "B", Summerfield Addition, made arrangements with Zahn Paving, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 86th Street from the West lip line of University Avenue to the East lip line of Boston Avenue, known and designated as New Subdivision Sub - Unit Number 94 of Unit Number 2036. Boston Avenue from approximately 596 feet South of 82nd Street to 223 feet South of the South lip line of 86th Street, known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2036. Canton Avenue from the South lip line of 85th Street to the South end of radius of the alley returns South of 85th Street, known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2036. Canton Avenue from the North lip line of 85th Street to the North end of the cul-de-sac North of 85th Street, known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2036. City Council Meeting December 14, 1995 Page 882 Detroit Avenue from the North lip line of 85th Street to the North end of the cul-de-sac North of 84th Street, known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2036. Dixon Avenue from the South lip line of 85th Street to the South end of radius of the alley returns South of 85th Street, known and designated as New Subdivision Sub -Unit Number 99 of Unit Number 2036. Dixon Avenue from the North lip line of 84th Street to the North end of the cul-de-sac North of 84th Street, known and designated as New Subdivision Sub -Unit Number 00 of Unit Number 2037. Elgin Avenue from the North lip line of 84th Street to the North end of the cul-de-sac North of 84th Street, known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2037. 84th Street from the East end of radius of the alley return East of Elkridge Avenue to the West lip line of Detroit Avenue, known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2037. 85th Street from the West lip line of Boston Avenue to the West end of the cul-de-sac West of Dixon Avenue, known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. mm City Council Meeting December 14, 1995 Page 883 Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. The developer of this subdivision is Lubbock Land Company. The improvements consist of street paving and curb and gutter as follows: 86th Street from University Avenue to Boston Avenue; Boston Avenue from 596 feet south of 82nd Street to 223 feet south of 86th Street; Canton Avenue from 85th Street to the alley south of 85th Street; Canton Avenue from 85th Street to the cul-de-sac north of 85th Street; Detroit Avenue from 85th Street to the cul-de-sac north of 84th Street; Dixon Avenue from 85th Street to the alley south of 85th Street; Dixon Avenue from 84th Street to the cul- de-sac north of 84th Street; Elgin Avenue from 84th Street to the cul-de-sac north of 84th Street; 84th Street from the alley east of Elkridge Avenue to Detroit Avenue; 85th Street from Boston Avenue to the cul-de-sac west of Dixon Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #5057 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting on this item. Councilmember Patterson was absent from the City Council Chambers. City Council Meeting December 14, 1995 Page 884 (22.) Consider Resolution #5058 requesting that the Resolution Trust Corporation (RTC) approve the assumption of the loan by the Lubbock Housing Finance Corporation and authorize an agreement between the City of Lubbock and the Lubbock Housing Finance Corporation setting out the conditions of the assumption or requesting that the Resolution Trust Corporation (RTC) convert the existing Bridge Loan on the University Pines property to long term permanent RTC financing and to approve the creation of a "sinking fund" as provided by the State law. RESOLUTION #5058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council approve the transfer of the University Pines Duplexes to Lubbock Housing Finance Corporation and authorize the Mayor to sign an agreement and related documents between the City of Lubbock and the Lubbock Housing Finance Corporation setting out the conditions of the transfer; or that the City Council request that the Resolution Trust Corporation (RTC) convert the City's existing Bridge Loan on the University Pines property to long term permanent RTC financing and to approve the creation of a "Sinking Fund" as provided by State Law. Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the Lubbock Housing Finance Corporation is filed with Resolution No. 5058. Tony Reyes, Housing Rehab Coordinator, presented staff comments. On August 12, 1993, the City Council passed Resolution #4215 whereby the Mayor was authorized and directed to execute for and on behalf of the City of Lubbock an agreement and related documents with the Resolution Trust Corporation (RTC) for the purchase of the University Pines Duplexes for use as affordable housing and as a source of match .., City Council Meeting December 14, 1995 Page 885 for the City's HOME Investment Partnership Grant program. The Resolution Trust Corporation provided 99 percent seller financing on a two-year loan basis. The one percent earnest money required for closing was provided by the Lubbock Housing Finance Corporation. The two-year Bridge Loan matures January 6, 1996, and under the terms of the promissory note, the City must select one of the following refinancing options: Option A: Convert the loan to permanent RTC financing. Option B: The loan may be assumed by a qualified RTC approved public non-profit organization. Option C: The City may allow the subordination of the Loan and Deed of Trust to a first mortgaged loan ("New Loan") from the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or from another lender if such loan is insured by the Federal Housing Administration. A Section 203K Loan would qualify. Option D: Full prepayment. The staff feels the assumption of the loan by the Lubbock Housing Finance Corporation is the best viable option at this time. Telephone conversations with the RTC office in Dallas confirm that the Lubbock Housing Finance Corporation is qualified to assume this loan. At its board meeting on December 8, 1995, the Board of Directors did not vote to assume the loan on the University Pines property at this time; however, the Corporation is diligently pursuing long-term financing through two local lending institutions. LHFC's negotiations for a local loan on the University Pines look favorable. In the event the LHFC's negotiations for a local loan do not materialize, the item as presented would allow the City to convert the loan and create a sinking fund. The staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #5058 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Consider a resolution requesting that the Resolution Trust Corporation (RTC) convert the existing Bridge Loan on the University Pines property to long term permanent RTC financing and to approve the creation of a "sinking fund" as provided by the State law, This item was deleted from the agenda. 885 City Council Meeting December 14, 1995 Page 886 (24.) Consider Resolution 45059 creating a new economic development program for Texcot Bleachery, Inc., and authorizing the execution of a Financial Assistance Agreement. RESOLUTION 45059 WHEREAS, the City Council of the City of Lubbock desires to create a new City of Lubbock Economic Development Program to provide financial assistance in the establishment of a Texcot Bleachery, Inc., cotton fabric bleaching facility in Lubbock, Texas, pursuant to authority granted to the City of Lubbock by Section 380.001 of the Texas Local Government Code; and WHEREAS, it is the opinion the City Council of the City of Lubbock that the granting of such financial assistance is provided herein will be in the public interest and will serve to promote economic development of Lubbock and the South Plains area; and WHEREAS, Texcot Bleachery, Inc., has indicated to the City of Lubbock that the proposed facility to be constructed in Lubbock will employee 50 persons and it will represent a major investment of $13,000,000 in the City of Lubbock; and WHEREAS, the City of Lubbock shall participate in the project through financial assistance up to an amount of $250,000 for the purpose of promoting economic development for the City of Lubbock and the surrounding area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The City Council of the City of Lubbock hereby establishes and provides for a new economic development program for the City of Lubbock to provide financial assistance with regard to the establishment of a new Texcot Bleachery, Inc., cotton bleaching facility within the City of Lubbock, Texas. Said program shall be administered by the municipal personnel of the City of Lubbock. SECTION 2. The Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock the attached Agreement for Financial Assistance by and between the City of Lubbock, Texas, and Texcot Bleachery, Inc., which agreement shall be made a part of this Resolution as if fully copied herein in detail. City Council Meeting December 14, 1995 Page 887 Passed by the City Council of the City of Lubbock this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Financial Assistance Agreement by and between the City of Lubbock and Texcot Bleacher, Inc., is filed with Resolution No. 5059. City Manager Bob Cass presented staff comments. Major issues regarding Texcot Bleachery, Inc., project include training, tax abatement and reconstruction and upgrade of railroad, purchase of right-of-way for the rail, water, sewage disposal, including quantity studies, stormwater run-off and other infrastructure requirements. Texcot Bleachery, Inc., has requested economic assistance from the City of Lubbock in the following areas: Infrastructure Improvements: $285,600 Permits, demolition, parking lot refurbishing, water well, fence and gate Lubbock Power and Light has offered and committed $150,000 of infrastructure funds for this project Training: $427,781 Wages, payroll taxes, insurance Staff will assist Texcot Bleachery in the application process to help receive funds from the Texas Smart Jobs fund program In -kind match of 50 percent by owner is eligible with the equipment utilized Lubbock Promotion: $37,500 Staff will facilitate Lubbock promotion with Texcot Bleachery through Market Lubbock Economic Development Corporation Im City Council Meeting December 14, 1995 Page 888 Tax Abatement Taxes paid to the City of Lubbock for 1993: $13,801.14 Staff recommended the use of LP&L infrastructure funds of $150,000, economic development fund allowance not to exceed $250,000 for infrastructure and training. A maximum allowance of $250,000 will equate to $3,125 for each new job created. Assistance will be provided in the application process for Texas Smart Job funding. Additionally, staff recommended that approval of the resolution for this economic assistance be contingent upon receiving a 3-year financial statement as requested at the meeting of September 26, 1995, as well as a letter of credit from Texcot Bleachery's financial institution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #5059 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Hernandez. (25.) Consider Resolution #5060 approving the assignment of a tax abatement agreement from United Supermarkets, Inc., to Graco Real Estate Development, Inc RESOLUTION #5060 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 approval of an assignment to North University Associates, L.C. of that certain tax abatement agreement dated December 7, 1995, attached herewith, by and between the City of Lubbock and United Supermarkets, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. City Council Meeting December 14, 1995 Page 889 Passed by the City Council this 14th day of December 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Assignment by and between the City of Lubbock and United Supermarkets, Inc., is filed with Resolution No. 5060. Joel Beesinger, Interim Director of Business Development, presented staff comments. The City Council has authorized the execution of a commercial tax abatement agreement for United Supermarkets, Inc., #503. During previous work session and Council meetings, it has been explained that tax abatement on tangible personal property is restricted to the owner of real property. There are provisions within the Enterprise Zone guidelines and criteria to provide assignment of an approved tax abatement agreement. United Supermarkets is selling land and equipment to Graco Real Estate Development Corporation. Graco is requesting the assignment of United Supermarket's tax abatement. Graco will assume all of the obligations of the assignor under the tax abatement agreement. Staff recommended approval of this assignment for tax abatement. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #5060 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider appointments to the Lubbock Housing Finance Corporation Board of Directors. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to reappoint Tony Reyes and Nita Kiesling to the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 7 Yeas; 0 Nays. City Council Meeting December 14, 1995 Page 890 (27.) Consider one appointment to the South Plains Association of Governments Board of Director Motion was made by Councilmember Patterson to reappoint Mayor Pro Tem Randy Neugebauer to the South Plains Association of Governments Board of Directors. Motion died for lack of a second. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to table this item. Motion carried: 7 Yeas; 0 Nays. (28.) Consider appointment to Civic Lubbock, Inc Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Dave Knapp to the Civic Lubbock, Inc., Board of Directors. Motion carried: 7 Yeas; 0 Nays. The City Council recessed into executive session at 11:00 a.m. (29.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Electrical Examiners Building Board of Appeals Committee for Women Drainage Criteria Advisory Committee Lubbock Libraries Board Planning and Zoning Commission Structural Standards Commission The City Council reconvened at 11:27 a.m. :•1 City Council Meeting December 14, 1995 Page 891 There being no further business to come before Council, motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to adjourn the meeting at 11:28 a.m. Motion carried: 4 Yeas; 0 Nays--Councilmember Sitton, Councilmember Ince and Councilmem Chambers. ATTEST: Betty M. JohnsoiV, City Secretary Read and approved this the 1 I th day of January V 996. ATTEST: &IJ,— A'�— rd�'� Betty M. Johnson, City Secretary DXVID R. LANGSTON, MAYO 891