HomeMy WebLinkAboutMinutes - City Council - Regular - 2/8/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 8,1996
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 8th
day of February 1996, 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 10:17 A.M.
( 1.) The Invocation was given by City Manager Bob Cass.
(2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Board Appointments.
(4.) A representative of the Lubbock Arts Alliance appeared to
present the following recommendation:
Awarding for the Arts Grants Program for the
second of two grant periods of FY 1995/96.
Glenn Garnett, from the Lubbock Arts Alliance, presented
comments. On June 22, 1995, the City Council approved an
agreement to pay the Lubbock Arts Alliance, Inc. $116,683.20
for the encouragement, promotion and improvement of all forms
of art in the community. These monies represent $116,683.20
from the amount collected from .400 cent of the hotel/motel tax
collected during the fiscal year ended September 30, 1994. The
agreement provides that a review committee of the Lubbock Arts
Alliance would receive and evaluate applications for grants and
make recommendations to the City Council for awarding of these
grants.
The Lubbock Arts Alliance, Inc. recommended approval of this
grant.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to accept the recommendations for
the Arts Grants Program. Motion carried: 6 Yeas; 0 Nays--
Councilmember Patterson abstained due to the application for
funding for the art project at the T. J. Patterson Branch Library.
( 5.) Mayor Langston proclaimed February 12-18 as "Random
Acts of Kindness Week" and February 16 as "Random Acts
of Kindness Day."
City Council Meeting
February 8, 1996
Page 74
( 6.) Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve the minutes of the
January 25, 1996, Regular City Council Meeting as written.
Motion carried: 7 Yeas; 0 Nays.
(7.) ORDINANCE #9852--Abandoning and closing two utility
easements located in Tract "C" West Chase Addition (4301
South Loop 289).
AN ORDINANCE ABANDONING AND CLOSING TWO UTILITY
EASEMENTS LOCATED IN TRACT "C", WEST CHASE 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 Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9852 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(8.) ORDINANCE #9877--Authorizing a traffic control signal to
be installed at the intersection of 34th Street and Milwaukee
Avenue.
ORDINANCE #9877
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT
MILWAUKEE AVENUE AND 34TH STREET; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9877 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(9.) ORDINANCE #9878--Establishing the date of the 1996 City of
Lubbock Regular Municipal Election.
ORDINANCE #9878
AN ORDINANCE ESTABLISHING THE DATE OF THE 1996 REGULAR
MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE
MAYOR TO ORDER THE 1996 REGULAR MUNICIPAL ELECTION OF THE
CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9878 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
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(10.) Consider Ordinance #9879 abandoning and closing portions of
a 15-foot alley in Lot 14, Block 130, Overton Addition (2422
8th Street).
ORDINANCE #9879
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15
FOOT ALLEY LOCATED IN LOT 14, BLOCK 130, OVERTON ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS 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.
According to staff memo, this ordinance abandons and closes a
15-foot by 127.5 foot north -south alley east of University Avenue
and north of 8th Street. This alley is being closed for building
purposes. The proponent of the closure is Ted Rushing for
Lubbock Commercial Buildings. A total of 1,912.5 square feet
is being closed. The property is valued at $1.25 per square foot.
Using this figure, a value of $2,390.65 is calculated for the alley
area being closed. A credit of $796.88 will be applied against
this alley cost since the proponent is dedicating a 10 foot
easement to replace this alley being closed. The amount due the
City is $1,593.75. The only two utilities involved are a water
line and a gas line, which have been adjusted.
Staff recommended approval of the first reading of this
ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance
#9879 as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(11.) Consider Resolution #5090 authorizing acceptance of water
and sanitary sewer improvements for Tracts "B" through
"D", Treasure Island Park Addition, located near southeast
corner of 4th Street and Frankford Avenue.
RESOLUTION #5090
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR TRACTS "B" THROUGH "D", TREASURE ISLAND
PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tracts "B" through "D", Treasure Island Park
Addition to the City of Lubbock, Lubbock County, Texas, has complied with the
provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of
Lubbock, in providing the water and sewer improvements for said Addition; and
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WHEREAS, the total utility cost to the developer is $55,576.02, with the
improvements constructed by Holloman Construction having a value of $45,880.60, as
determined by the unit prices established by said Chapter 28, and $9,695.42 cash paid
to the City, which amount includes $8,753.32 cash for adjacent lines, with Mavis L.
Latham, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of
the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount
of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/,s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murohy
Michael E. Murphy, Chief Engineer
Water Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of water
and sanitary sewer improvements constructed in accordance with
the subdivision regulations. This development is located near the
southeast corner of 4th Street and Frankford Avenue. The total
cost of the improvements is $55,576.02 including value of
construction costs of $45,880.60 and $9,695.42 cash paid to the
City of Lubbock. The developer will not receive a refund.
There is no refund of deposit.
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Staff recommended acceptance of these improvements.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5090 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #5091 authorizing the Mayor to execute a
renewal of a mutual aid agreement for fire protection with
Reese Air Force Base.
RESOLUTION #5091
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 for Mutual
Aid in Fire Protection and Hazardous Materials Incident Response (US), attached
herewith, by and between the City of Lubbock and the Secretary of the Air Force, 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.
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
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 the Secretary of the
Air Force is filed with Resolution No. 5091.
According to staff memo, the Air Force has recently presented a
revised agreement for fire protection for consideration by the
City. The revised agreement calls for the provision of the Fire
Department Hazardous Materials Team services to Reese in
addition to the firefighting services that were included in the past.
The agreement includes a provision for reimbursement to the
City for above -normal operating costs while fighting a fire or
hazardous materials incident.
Staff recommended approval of this resolution.
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Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5091 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution #5092 authorizing the Mayor to execute a
reference agreement with J.D. Edwards & Company.
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 Reference Agreement,
attached herewith, by and between the City of Lubbock and J.D. Edwards & Company,
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.
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Thomas W. Tuning, Director of Information
and Communication Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Reference Agreement by and between the City of Lubbock and J. D.
Edwards & Company is filed with Resolution No. 5092.
According to staff memo, the City of Lubbock utilizes business
software purchased from J.D. Edwards & Company. Due to the
City's successful installation and knowledgeable user team, J.D.
Edwards identifies the City of Lubbock as a frequent reference.
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February 8, 1996
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The reference agreement with J.D. Edwards is to provide the
City consideration for the time in conducting these visits and
telephone reference calls. The City is to receive a credit of
$1,500 per one half day site visit and $150 per one half-hour
reference call. The credits may be applied to training courses,
software license fees, annual maintenance fees, and client server
fees. The credits are valid for a period of one year from date of
issuance. This agreement will renew automatically, but may be
canceled by either party upon written notification.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5092 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution #5093 authorizing the Mayor to execute a
contract with the Texas Department of Health to provide
active surveillance and reporting activities for HIV and AIDS.
RESOLUTION #5093
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 (TDH
Document No. 7560005906A96) between the City of Lubbock Health Department and
the Texas Department of Health to which the Bureau of HIV and STD Prevention will
fund a program to conduct HIV/AIDS surveillance, 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 8th day of February 1996.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Clarence E. Walker
Clarence E. Walker, Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
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A copy of the Contract by and between the City of Lubbock and Texas Department of
Health is filed with Resolution No. 5093.
According to staff memo, this is the second year of HIV/AIDS
surveillance activities, as funded by the contract with the Texas
Department of Health. All contracts with Texas Department of
Health contain the same language and requirements. Therefore,
continuation of funding is routine. The contract attachment is for
$23,599 and covers the period from January 1, 1996 through
August 31, 1996. Thereafter, the HIV/AIDS Surveillance
Program will be included with the regular annual contract with
the Texas Department of Health. No additional funding will be
required from the City of Lubbock. The contract includes $927
for departmental support of one employee.
Funding for this program has been from the federal government
through the Texas Department of Health. For two years the
federal government has funded this program on six-month
increments. The Texas Department of Health is taking over the
responsibility of funding this program from its budget.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5093 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #5094 authorizing the Mayor to execute
an amendment to the lease agreement with Mackenzie Park
Playground, Inc., dba Joyland Amusement Park.
RESOLUTION #5094
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a First Amendment to
Joyland Amusement Park Lease Agreement, 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.
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Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bea M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Director of Culture
and Leisure Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the First Amendment to the Joyland Amusement Park Lease Agreement is
filed with Resolution No. 5094.
According to staff memo, the City of Lubbock and Mackenzie
Park Playground Inc., entered into an agreement on August 13,
1987, whereby the City leased the area in Mackenzie Park known
as Joyland Amusement Park. The term of the agreement was for
ten years, beginning on October 1, 1987, and terminating on
September 30, 1997, with a provision to automatically extend the
term for an additional five years.
Mr. David Dean, the current operator of Joyland Amusement
Park, requested that the lease agreement with the City be
extended for an additional ten-year term. Mr. Dean advised that
a ten-year extension was necessary in order that financing could
be obtained for improvements to the facility.
Because Mackenzie Park is no longer under the auspices of the
Texas Parks and Wildlife Department, the agreement is being
amended by removing all references to the designation of
Mackenzie "State" Park and approvals of the State Parks Board.
Staff recommended the approval of this Resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5094 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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(16.) Bid #13418--Contract Turf Maintenance (Park Maintenance).
Texas Horticultural Services, Inc. --Group 1 - Class A Parks and
Properties.
All Seasons Property Care --Group 2 - Class B & C Parks and
Properties; Group 3 - Class B & C Parks and Properties; Group
4 - Class B & C Parks and Properties.
Lawn Pro --Group 5 - Class B & C Parks and Properties; Group
10 - LP&L Class B & C, & D Properties; Group 11 - Water
Reclamation Plant Class B & D Properties.
City of Lubbock, Parks Department --Group 6 - Class D Parks
and Properties; Group 7 - Class E (Undeveloped) Parks and
Properties.
Thomas A. Anderson --Group 8 - Right -of -Way I.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(17.) Bid #13424--Construction & Industrial Equipment (Fleet
Services).
Scott Tractor & Equipment Company, Inc.--1 Ea 84 PTO
Horsepower Tractor Per Spec 902.
Western Implement Company -A Ea 27 PTO Horsepower 4
Wheel Drive Tractor Per Spec 907.
Caprock Vermeer Equipment, Inc.--2 Ea Trencher/Backhoe 4
Wheel Drive Per Spec 915.
Western Clarklift & Supply Company -A Ea 6,000 Lb Capacity
Forklift Per Spec 932.
Abilene Ag New Holland, Inc.--1 Ea Tractor/Backhoe w/Front
End Loader 4 Wheel Drive Per Spec 942; 1 Ea Tractor/Backhoe
4 Wheel Drive w/Front End Loader Per Spec 982; 1 Ea 210 PTO
Horsepower Tractor Per Spec 985.
Associated Supply Company, Inc.--1 Ea Self Propelled Carry
Deck Crane Per Spec 954.
West Texas Equipment Company--2 Ea Push Pull Scraper Per
Spec 967. —
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
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(18.) Bid #13438--50th Street & Slide Intersection Reconstruction,
and authorize same (Street/Drainage Engineering)
RESOLUTION #5095
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 by and between
the City of Lubbock and Knox, Gailey & Meador, Inc. to furnish and install all
services and materials for the 50th Street & Slide Road Intersection Reconstruction,
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 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
CONTRACT
STATE OF TEXAS 6
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 8th day of February 1996 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 Knox, Gailey and Meador, 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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BID NO. 13438--50th & Slide Intersection Reconstruction in the amount of
$455,560.55
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/ Betly M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ LarEy D. Hertel
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
ATTEST:
Knox Gailey and Meador. Inc.
CONTRACTOR
Secretary
By: /s/ Don Meador
TITLE: Secretary/Treasurer
COMPLETE ADDRESS: Knox, Gailey & Meador, Inc.
P.O. Box 5736
Lubbock, Texas 79408
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5095 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Bid #13439--Repair Side Loading Containers - Annual Pricing
(Solid Waste).
Sanco Metal Fabricating, Inc. --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
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(20.) Bid #13440--Aerial Lift Trucks (Fleet Services).
Altec Industries --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(21.) Bid #13443--Flat Bed and Dump Trucks (Fleet Services).
Shamrock Chevrolet--2 Ea 1 Ton Single Wheel 4 X 4 Cab &
Chassis with Diesel Engine Per Spec 329; 1 Ea 50,000 LB
GVWR Motor Truck Cab & Chassis Per Spec 602; 1 Ea 35,000
LB GVWR Cab 7 Chassis Per Spec 640.
J & B Trailers & Equipment, Inc.--2 Ea 8 Foot Working Flat
Bed Spec 754; 1 Ea 16 Foot Flat Dump Bed Per Spec 712.
South Plains International Trucks, Inc.--1 Ea 52,000 LB GVWR
Cab & Chassis with Front Wheel Drive Per Spec 632; 1 Ea 12
Yard Dump Body Per Spec 722; 1 Ea 6 Yard Dump Body Per
Spec 756; 1 Ea 28,000 LB GVWR Cab & Chassis Per Spec
606-WU.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(22.) Bid #13447--Flow Meters (Water Utilities).
Watermaster Irrigation Supply, Inc. --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(23.) Bid #13453--Restroom Renovation and Ramp Addition at
Municipal Square Building, and authorize same (Building
Services).
RESOLUTION #5096
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 Tommy Klein Construction of
Lubbock, Texas to furnish and install all services and materials as bid for the Restroom
Renovation and Ramp Addition at Municipal Square Building for the City of Lubbock,
which contract is attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
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Passed by the City Council this 8th day of February 1996.
/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 by Ron Shuffield
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 8th day of February 1996 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 Tommy Klein Construction 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. 13453--Restroom Renovation and Ramp Addition at Municipal Square
Building in the amount of $23,376.00
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.
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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/ George Lisenbe
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Tommy Klein Construction
CONTRACTOR
By: Tommy Klein
TITLE: Owner
COMPLETE ADDRESS: Tommy Klein Construction
3811 62nd Drive
Lubbock, Texas 79413
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5096 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) Bid #13454--Floor Covering for Municipal Building
Administrative Suite, and authorize same (Building Services).
RESOLUTION #5097
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and Paul Graham Company of
Lubbock, Texas to furnish and install all services and materials as bid for the Floor
Covering for Municipal Building - Administrative Suite for the City of Lubbock, which
contract is attached hereto, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
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Page 88
Passed by the City Council this 8th day of February 1996.
/s/ David R angston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS 6
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 8th day of February 1996 by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
to as OWNER, and Paul Graham Company of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 13454--Floor Covering for Municipal Building - Administrative Suite in the
amount of $23,905.85
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.
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February 8, 1996
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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:
� : - � • �'�i�iTi1
APPROVED AS TO CONTENT
/s/ George Lisenbe
ATTEST:
/s/ Linn Parish
Secretary
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Paul Graham Company
CONTRACTOR
By: /s/ Linn Parish
TITLE: Secretary
Paul Graham Company
1415 Avenue N
Lubbock, Texas 79401
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5097 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(25.) Bid #13457--HDP Drainage Pipe (Water Utilities).
Morrison Supply --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(26.) Bid #13465--Scott Air Paks and Parts (Fire Department).
Daco Fire & Equipment --Total bid.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to approve low bid meeting
specifications as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
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Page 90
(27.) Bid #13483--Chemical Cleaning of Boiler No. 2 at Lubbock
Power & Light Holly Plant, and authorize same (Electric
Production).
RESOLUTION #5098
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 Hydrochem Industrial Services, of
Deer Park, Texas, to furnish and install all services and materials as bid for the
Chemical Cleaning of Boiler No. 2 at Lubbock Power and Light Holly Plant 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 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ BeM M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS S
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 8th day of February 1996 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 Hydrochem Industrial Services, Inc., of the City of Deer Park,
County of Harris, and the State of Texas, hereinafter termed CONTRACTOR.
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Page 91
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. 13483--Chemical Cleaning of Boiler No. 2 at Lubbock Power & Light Holly
Plant in the amount of $74,237.07
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
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Hydrochem Industrial Services, Inc.
CONTRACTOR
By: /s/ William Ingram
TITLE: Chief Financial Officer
Hydrochem Industrial Services
P.O. Box 820
Deer Park, Texas 77536
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5098 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Meeting
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(28.) Consider the first of two readings of a corrected ordinance
adjusting the assessment rate for Parcel Number 3 of
Frankford Avenue, Unit No. 2035-94 of the 1993 Assessment
Paving Program.
ORDINANCE #9880
AN ORDINANCE CORRECTING A MISTAKE IN THE CALCULATION
OF A PAVING ASSESSMENT LEVIED FOR PART OF THE COST OF
IMPROVING FRANKFORD AVENUE, AND AUTHORIZING THE ISSUANCE OF
A NEW CERTIFICATE OF ASSESSMENT.
Larry Hertel, City Engineer, presented staff comments. At the
August 25, 1994, public hearing on the 1993 Assessment
Program, the Council set the assessment for this parcel at the
commercial rate since it was zoned A-2 at that time. City policy
is to assess R-1 and R-2 properties at a rate based on half of a
residential street. Other zoning is considered to be commercial
use and is assessed for 26.5 feet of thoroughfare paving. In
January 1995, after the public hearing, this parcel sold and the
zoning was changed from A-2 to R-1. The final reading of the
assessment ordinance was April 13, 1995, and it was filed on
May 2, 1995.
The previous owner was notified by certified letter of the public
hearing, but did not attend and did not inform the buyer of the
impending assessment. At the time of the sale there was a lien
filed on the property for the assessment, but the buyer did not
have a title search performed.
Texas Law provides a 15-day period after passage of the
assessment ordinance for any property owner to challenge the
assessment. The ordinance was not filed for 19 days after
passage to allow for challenges. Although no challenges were
made, the current owners have now stated that they would have
protested the assessment rate had they known of the assessment.
They have requested that the assessment be reduced to the
residential rate of $12.86, consistent with present zoning.
Although the City has no legal obligation to reduce the
assessment for this parcel, it would be equitable to change the
assessment rate to that applied to similarly zoned parcels. The
assessment for this parcel would reduce from $40,015.13 to
$12,590.61. Adequate funding remains in the project budget to
offset this reduced assessment.
Staff recommended the corrected ordinance be approved. This
action will reduce the assessment rate for Parcel No. 3 of Unit
2035-94 on the 1993 Paving Assessment Program. All other
assessments would remain as recorded.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on first reading Ordinance #9880 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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Page 93
(29.) Consider Resolution #5099 authorizing the Mayor to execute a
contract of sale for a tract of land out of Tract "M"
Whisperwood Addition (202 Slide Road).
RESOLUTION #5099
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal and public use and purposes, to -wit: for construction of a
Fire Station, and the City Council of said City finds it in the public interest and for
public purposes and municipal purposes to proceed with the acquisition of such lands as
needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tract of land
located in the Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
METES AND BOUNDS DESCRIPTION of a 1.291 acre tract of land
being a portion of Tract "M", Whisperwood Addition to the City of
Lubbock, Lubbock County, Texas as shown by the map, plat, and/or
Dedication Deed thereof recorded in Volume 1917, Page 530 of the
Deed Records of Lubbock County, Texas, and further described as
follows:
BEGINNING at a cross in concrete found in the West right-of-way line
of Slide Road at the Southeast corner of said Tract "M" for the
Southeast corner of this tract;
THENCE N. 89056'30" W., along the South line of said tract "M", a
distance of 224.67 feet to a 1/2" iron rod with cap set for the Southwest
corner of this tract;
THENCE North, a distance of 250.00 feet to a 1/2" iron rod with cap
set for the Northwest corner of this tract;
THENCE S. 89056'30" E., a distance of 225.00 feet to a 1/2" iron rod
with cap set in the East line of said Tract "M" and said West right-of-
way line for the Northeast corner of this tract;
THENCE South, along said East line and said West right-of-way line, a
distance of 236.17 feet to a 1/2" square metal tube found at a point of
curvature of a curve to the right having a a radius of 287.22 feet;
THENCE Southwesterly, along said curve having a chord bearing of S.
01 "22'45" W., and a central angle of 0204529", a chord distance of
13.83 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to
execute a Contract of Sale, attached to this Resolution and incorporated herein by this
reference, for the purchase of the above described real property for the sum of
$155,000.00.
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SECTION 2. THAT if the above Contract of Sale is not executed by February
12, 1995, by the Owners of the above described property, such Owners being JOHN
C. SCHWEITZER and STEPHEN L. FEINBERG, the City Attorney of said City of
Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire fee simple title to said property for the municipal
purposes and public purposes as aforesaid.
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bpsy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Contract of Sale by and between the City of Lubbock, John C. Schwitzer
and Stephen L. Feinberg is filed with Resolution No. 5099.
Ed Bucy, Right -of -Way Agent, presented staff comments. The
Lubbock Fire Department has developed a plan to consolidate
several existing fire stations and construct new ones. One such
station is to be constructed at the northwest corner of Slide Road
and 2nd Street. The fire station site measures 250.00 feet north
to south and 225.00 feet east to west and contains 1.291 acres.
The property has been appraised at $155,000. Therefore, the
purchase price of this 1.291 acre tract is $155,000. This
property is zoned C-2 local retail which will accommodate a fire
station. As part of this contract, staff will close on this property
by the end of February.
Staff recommended approval of this contract of sale.
Motion was made by Mayor Pro Tem Neugebauer, seconded by
Councilmember Patterson to authorize Resolution #5099 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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Page 95
(30.) Consider Resolution #5100 authorizing acceptance of water
and sanitary sewer improvements for Remington Park
Addition, Lots 199 through 223, located just southwest of 68th
Street and Albany Avenue.
RESOLUTION #5100
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 199 THROUGH 223, REMINGTON PARK
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 199 through 223, Remington Park Addition
to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of
Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing
the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $39,517.25, with the
improvements constructed by U.C.A. having a value of $38,747.25, as determined by
the unit prices established by said Chapter 28, and $770.00 cash paid to the City, with
Lubbock Land Company, the developer, to receive a refund of $0.00 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Page 96
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bety M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphy
Michael E. Murphy, Chief Engineer
Water Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Mike Murphy, Senior Civil Engineer, presented staff comments.
This is a routine acceptance of water and sanitary sewer
improvements constructed in accordance with the subdivision
regulations. The total cost of the improvements is $39,517.25
including value of construction costs of $38,747.25 and $770.00
cash paid to the City of Lubbock. The developer will not receive
a refund. There is no refund of deposit. This development is
located southwest of 68th Street and Albany Avenue.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #5100 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Pro Tem Neugebauer recused and excused himself from any
discussion and voting on this item.
(31.) Consider Resolution #5101 authorizing the Mayor to execute
an agreement between the City of Lubbock and Melonie Park
South Homeowners Association for use of the Melonie Park
South Club House as the Precinct 75 polling place for the May
4, 1996, General Election.
RESOLUTION #5101
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 for Use of
Melonie Park Club House for City of Lubbock Elections, attached herewith, by and
between the City of Lubbock and Melonie Park Club House, 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.
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Page 97
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ BgM M. Johnson
Betty M. Johnson, City Secretary
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 Melonie Park Club
House is filed with Resolution No. 5101.
Betty M. Johnson, City Secretary, presented staff comments.
Because a permanent polling place has not been secured in
Precinct 75 since Cumberland Presbyterian Church asked that
this facility no longer be used as a polling place, Section 8-4 of
the City of Lubbock Code of Ordinances regarding Precinct 75
has been amended to indicate that the voting place shall be as
designated in an appropriate election order. The election order
for the May 4, 1996, General Election lists Melonie Park South
Club House as the Precinct 75 polling place, a location that
Lubbock County has used for recent elections. The cost is a
$100.00 refundable deposit.
The City Secretary recommended approval of the resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to authorize Resolution #5101 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(32.) Consider Resolution #5102 creating an economic development
program and authorizing the Mayor to execute an agreement
on economic development, a lease, a contract for deed and
any associated documents between the City of Lubbock,
Plains Co-op Oil Mill, and Market Lubbock, Inc, to occupy
real estate for manufacturing and commercial purposes..
RESOLUTION #5102
WHEREAS, the City Council of the City of Lubbock desires to create a new City
of Lubbock Economic Development Program to provide financial assistance to Plains
Cooperative Oil Mill, Inc., in the enlargement of the Plains Cooperative Oil Mill, Inc.,
manufacturing facility in Lubbock, Texas, pursuant to authority granted to the City of
Lubbock by Article 3, Section 52-a of the Texas Constitution, Section 380.001 of the
Texas Local Government Code, Article 835s of Vernon's Texas Civil Statutes, and
Section 272.001 of the Texas Local Government Code; and
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City Council Meeting
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Page 98
WHEREAS, it is the opinion of 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, it is the opinion of the City Council of the City of Lubbock that this
economic development project will serve to promote the public purposes of the
elimination of unemployment or underemployment, the stimulation of agricultural
innovation, the fostering of the growth of enterprises based on agriculture, and stimulate
business and commercial activity in the municipality and surrounding area; and
WHEREAS, Plains Cooperative Oil Mill, Inc., has indicated to the City of
Lubbock that the proposed expansion of the facility in Lubbock will employee
approximately 35 additional persons and it will represent a major investment of
approximately twenty million dollars ($20,000,000.00) in the City of Lubbock; and
WHEREAS, the City of Lubbock shall participate in the project through an
Agreement on Economic Development, a Lease agreement, and a Contract for Deed and
associated documents with regard to leasing approximately 195 acres with an option to
purchase to Plains Cooperative Oil Mill, Inc., 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 enlargement of the Plains Cooperative Oil Mill,
Inc., facility located within the City of Lubbock, Texas. Said program shall be
administered by the municipal personnel of the City of Lubbock with the assistance of
Market Lubbock, Inc., a Texas not for profit corporation.
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 on
Economic Development; Lease agreement; Contract for Deed, and associated documents
by and between the City of Lubbock, Texas, Market Lubbock, Inc. and Plains
Cooperative Oil Mill, Inc., which agreements shall be made a part of this Resolution as if
fully copied herein in detail.
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City Council Meeting
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Page 99
Passed by the City Council of the City of Lubbock this 8th day of February 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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of all related documents by and between the City of Lubbock and Plains
Cooperative Oil Mill, Inc., are filed with Resolution No. 5102.
Debra Forte', Assistant City Manager, presented staff comments.
This resolution provides authorization for the Mayor to execute
agreements between the City of Lubbock and Plains Co-op Oil
Mill regarding the real estate where the new facility will be built,
as well as other issues relating thereto.
The particular piece of property that will be leased is 195.6 acres
of land that is currently in utilization by the City of Lubbock
Water Utilities operation. It is located within the South
Enterprise Zone of the city.
The first document, an agreement on economic development,
addresses all parties involved as well as statutory authority. The
agreement states the City's position to work through various
implementation issues. The second document, a lease, describes
properties, terms, rent, parties, utilization and default provisions.
The third document, a contract for deed, also denotes parties,
pricing and obligations of both parties.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #5102 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(37.) Confirm reappointment of Mark Griffin to the Planning and
Zoning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to reappoint Mark Griffin to the Planning
and Zoning Commission. Motion carried: 7 Yeas; 0 Nays.
City Council Meeting
February 8, 1996
Page 100
The City Council recessed into Executive Session at 11:00 a.m.
(34.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (Municipal Court Judge).
(35.) 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).
(36.) 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
Board of Health
Building Board of Appeals
Committee for Women
Community Development Advisory Committee
Community Services Commission
Keep Lubbock Beautiful Advisory Committee
Municipal Arts Committee
Park and Recreation Board
Structural Standards Commission
Zoning Board of Adjustment
The City Council reconvened at 1:24 p.m.
(33.) Consider Resolution #5103 setting the salary for the
Municipal Court Judge.
RESOLUTION #5103
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to establish a salary for the upcoming
term of office of the judge of Division One of the Lubbock Municipal Court; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the annual salary for the judge of the Municipal Court of Record for the
1996-1998 term of office shall be as follows:
JUDGE, DIVISION ONE: $72,000.00 ANNUAL SALARY
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City Council Meeting
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Page101
Passed by the City Council this 8th day of February 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Belly M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
City Manager Bob Cass advised the City Council that action on
this item should follow the executive session item regarding
personnel matters involving the Municipal Court Judge.
According to staff memo, prior to each general election, the City
Council sets the salary for the position of Municipal Court Judge.
The Municipal Court Judge is elected for a two-year term. The
current salary for the presiding judge position is $61,900.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #5103, setting
the salary at $72,000 per year. Motion carried: 5 Yeas; 0 Nays
--Councilmember Sitton and Councilmember Hernandez were
absent from the City Council Chambers.
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City Council Meeting
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Page 102
There being no further business to come before Council and without objection, the
meeting was adjourned at 1:25 p.m.
ATTEST:
Betty 94'JohnsMi, City Secretary
Read and approved this the 22nd day of Vebruary 1996.
ATTEST:
Betty M. ohnson, ty Secretary
VID R. LANGSTON, MAYOR
102