HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 24, 1996
8:30 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 24th
day of June 1996, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 8:30 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember
Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City
Attorney Anita Burgess, and City Secretary Betty M. Johnson.
Absent: Councilmember Victor Hernandez.
Mayor Langston called the meeting to order at 8:38 A.M.
( L) The Invocation was given by City Manager Bob Cass.
(2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
(3.) Gerre Sears of the South Plains Food Bank and members of
AmeriCorps appeared to make a presentation to the City
Council.
Gerre Sears, Land Use and Development Director for the South
Plains Food Bank, introduced members of the National Civil
Conservation Corporation, a division of AmeriCorps. Those
appearing before Council were Aaron McIntire, New Hampshire;
Cati Markel, Tennessee; and Tracey Haraway, Pennsylvania.
These young men and women came to Lubbock from all across the
United States to work with the South Plains Food Bank in building
community gardens and helping with other community projects.
(3A.) Ken Olson, Emergency Management Coordinator, was
recognized as the recipient of the Texas Public Works
Association's Public Works Leader of the Year Award.
Ken Olson, City of Lubbock Emergency Management Coordinator,
recently won the Public Works Leader of the Year Award at the
Texas Public Works Association Annual Conference.
Larry Hertel, City Engineer and member of TPWA's executive
board, read the inscription on the award and presented it to Mr.
Olson. The Mayor and City Council commended Mr. Olson for his
excellent work with this Association.
( 4.) Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve the minutes of the May 23,
1996, Regular City Council Meeting as written. Motion
carried: 6 Yeas; 0 Nays.
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(5.) ORDINANCE #9902--Abandoning and closing a portion of
East 24th Street in Block 22, Wheelock's Second Addition
(2318 Date).
ORDINANCE 49902
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EAST
24TH STREET LOCATED IN BLOCK 22, WHEELOCK'S SECOND 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 Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9902 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 6.) ORDINANCE #9905--Zone Case No. 2173-B (south of North
Loop 289 and west of Slide Road) --Request of Paul Fields (for
Another Attic) for a zoning change from C-2 and C-3 to C-4
Specific Use (mini -warehouses) on a tract out of Tract C-1-B
and Tract M, Whisperwood Addition.
ORDINANCE #9905
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2173-13; A ZONING CHANGE FROM C-2 AND C-3
TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A TRACT OUT OF
TRACT C-1-13 AND TRACT M, WHISPERWOOD ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9905 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(7.) ORDINANCE 49906--Zone Case No. 515-D (north of 50th
Street and west of Knoxville) --Request of Cimarron Land
Services (for Lubbock SMSA/Southwestern Bell Mobile
Systems) for a zoning change from C-3 to C-3 Specific Use
(radio transmission facility) on a portion of Lot 204, Murryhill
Addition.
ORDINANCE 99906
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 515-D; A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A
PORTION OF LOT 204, MURRYHILL ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
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Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9906 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 8.) ORDINANCE #9907--Zone Case No. 2772 (south of 98th Street
and west of Vicksburg) --Request of Mary Nell and Art Griffin
for a zoning change from R-1 to A-2 limited to a personal care
facility on a tract out of Section 16, Block E-2.
ORDINANCE #9907
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2772; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A TRACT OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9907 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
( 9.) ORDINANCE #9908--Zone Case No. 2268-A (1921 18th
Street) --Request of Donald Crawford (for Keyford, Inc.) from
A-2 to AM on Lots 7-12, Robinson Subdivision and Lots 5-8,
Oscar Lykes Subdivision.
ORDINANCE #9908
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2268-A; A ZONING CHANGE FROM A-2 TO AM
ZONING ON LOTS 7-12, ROBINSON SUBDIVISION AND LOTS 5-8, OSCAR
LYKES SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9908 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
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(10.) ORDINANCE #9909--Zone Case No. 2134-C (2511 and 2517
19th Street) --Request of Hugo Reed and Associates (for
Lubbock Commercial Building) for a zoning change from R-
1, A-2, and C-2 and C-3 Specific Use to AM Specific Use (hotel)
on the west 1/2 of Lot 4 and all of Lots 5-12, Block 5, Ellwood
Place Addition.
ORDINANCE #9909
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2134-C; A ZONING CHANGE FROM R-1, A-2, C-2
AND C-3 SPECIFIC USE TO AM SPECIFIC USE ZONING FOR A HOTEL ON THE
WEST 1/2 OF LOT 4 AND ALL OF LOTS 5-12, BLOCK 5, ELLWOOD PLACE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9909 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(11.) ORDINANCE #9910--Zone Case No. 2773 (northwest corner
of 11th Place and North Loop 289 and west of Frankford)--
Request of Kimley-Horn and Associates (for JPI) for a zoning
change from R-1 to A-2 and C-3 on a tract out of Section 9,
Block JS.
ORDINANCE 99910
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2773; A ZONING CHANGE FROM R-1 TO A-2 AND
C-3 ZONING ON A TRACT OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9910 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Sitton to reconsider second and final reading of
Ordinance #9910. Motion carried: 6 Yeas; 0 Nays.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Sitton to postpone second and final reading of
Ordinance #9910 until the July 11, 1996, City Council meeting.
Motion carried: 6 Yeas; 0 Nays.
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(12.) ORDINANCE #9911--Zone Case No. 2774 (926 Slide Road) --
Request of Bill Cox (for John Wilkerson) for a zoning change
from R-1 Specific Use to C-4 limited to a public garage on Lot
512, Alford Terrace Addition.
ORDINANCE #9911
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2774; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-4 ZONING ON LOT 512, ALFORD TERRACE ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9911 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(13.) ORDINANCE #9912--Zone Case No. 1893-S (west of
Frankford Avenue and north of 4th Street) --Request of Ken
Flagg (for McDougal Construction) for a zoning change from
C-3 to A-1 on Tracts F-2, F-7 and F-8, Shadow Hills Addition.
ORDINANCE #9912
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-S; A ZONING CHANGE FROM C-3 TO A-1
ZONING ON TRACTS F-2, F-7 AND F-8, SHADOW HILLS ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9912 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(14.) ORDINANCE 49913--Zone Case No. 2538-A (south of 19th
Street and east of Inler)--Request of Jimmy Foy for a zoning
change from R-1 to R-1 Specific Use (golf driving range), C-4
Specific Use (miniature golf course, batting cage, pro -shop and
administrative offices) and C-4 with conditions on a tract out
of Section 41, Block AK.
ORDINANCE #9913
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2538-A; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR A GOLF DRIVING RANGE, TO C-4 SPECIFIC USE
ZONING FOR A MINIATURE GOLF COURSE, BATTING CAGE, PRO -SHOP AND
ADMINISTRATIVE OFFICES, AND TO C-4 ON A TRACT OUT OF SECTION 41,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
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Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9913 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(15.) ORDINANCE #9914--Zone Case No. 2775 (northeast corner of
98th Street and Quaker Avenue) --Request of Hugo Reed and
Associates (for McLain Oil Company) for a zoning change
from C-2 to C-3 Specific Use (convenience store) on a tract out
of Section 17, Block E-2.
ORDINANCE #9914
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2775; A ZONING CHANGE FROM C-2 TO C-3
SPECIFIC USE ZONING FOR A CONVENIENCE STORE ON A TRACT OUT OF
SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9914 as recommended by staff. Motion carried: 6
Yeas; 0 Nays.
(16.) Consider Resolution #5198 accepting paving improvements
constructed by Williams and Peters Construction Company,
Inc., on Ivory Avenue from 50th Street to 52nd Street and
Juniper Avenue from 52nd Street to 300 feet north.
RESOLUTION #5198
A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED
BELOW:
WHEREAS, the City of Lubbock has heretofore entered into a Contract with
Williams & Peters Construction Company, Inc. for the construction of street
improvements on certain streets including the following streets:
Ivory Avenue from the South lip line of 50th Street to the South end of
radius of 52nd Street.
Juniper Avenue from the North lip line of 52nd Street to the cul-de-sac
300 feet North.
WHEREAS, the construction of the above improvements on the above -
mentioned streets 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 said Contract, Bid Number 13425; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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June 24, 1996
Page 349
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets BE and the same are hereby accepted and the City Engineer BE and he is hereby
authorized to direct the final payment to the Contractor in the amount of $2,799.75.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 24th day of June 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of paving
improvements consisting of paving and curb and gutter on Ivory
Avenue from 50th Street to 52nd Street and Juniper Avenue from
52nd Street to 300 feet north.
The estimated contract was $63,426. The final contract amount is
$55,689, which is under the original estimate by $7,737. Upon this
acceptance, the final payment of $2,799 will be due the contractor.
Staff recommended acceptance of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #5198 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
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(17.) Consider Resolution 95199 authorizing the Mayor to execute a
lease option contract with James Parks (Lubbock, Lynn, and
Garza).
RESOLUTION 95199
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 Lease Option Contract
between the City of Lubbock and James D. Parks, 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 24th day of June 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 Bucy
Ed Bucy, Right-of-way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Lease Option Contract by and between the City of Lubobck and James
D. Parks is filed with Resolution No. 5199.
According to staff memo, this resolution authorizes the Mayor to
execute a lease option contract with James Parks of Canyon, Texas.
The contract will allow Mr. Parks the option of taking out a lease
on the City of Lubbock's natural gas pipeline which runs from the
Holly Avenue Power Station southeastward to Post. This option
will be for six months for an option cost of $300.
Originally, this pipeline was used for carbon dioxide transmission
but is now being used by LP&L to receive natural gas. Mr. Parks
desires to lease this line for carbon dioxide transmission and sales.
Staff recommended execution of this resolution and lease option
contract.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution 45199 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
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(18.) Consider Resolution #5200 authorizing the Mayor to execute a
tax abatement agreement with Grinnell Flow Control, a
division of Grinnell Corporation.
RESOLUTION 95200
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement and all
related documents by and between the City of Lubbock and Grinnell Flow Control, a
Division of Grinnell Corporation, 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 24th day of June 1996.
/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 Agreement by and between the City of Lubbock and Grinnell Flow
Control is filed with Resolution No. 5200.
According to staff memo, Grinnell Flow Control plans to invest
$1,933,000 to expand their plant and equipment and create 50 new
jobs with a $1 million payroll. Grinnell currently employs 180.
The breakdown of the investment is $1,783,000 for equipment and
$150,000 in plant improvements. The estimated annual amount of
tax abatement will be $11,325. The total amount of tax abatement
over the life of the contract would be approximately $56,627.
Grinnell's current assessed taxable value for plant and equipment
T is $811,333; their 1995 taxes to the City of Lubbock are $4,753.
The total tax liability including LISD and Lubbock County is
$18,917. The project will add $1.9 million in new value to the tax
base in the North Enterprise Zone.
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Staff recommended approval of an industrial tax abatement
agreement with Grinnell Flow Control for five years at 100
percent.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #5200 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(19.) Consider Resolution #5201 authorizing the Mayor to execute a
Summer Holiday Selected Traffic Enforcement Project Grant
Agreement between the City of Lubbock and the Texas
Department of Transportation for Occupant Protection (Seat
Belt) and Speed Enforcement Projects.
RESOLUTION #5201
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 Texas Traffic Safety
Program Grant Agreement, attached herewith, by and between the City of Lubbock and
the Texas Department of Transportation for Occupant Protection Selective Traffic
Enforcement and Speed Enforcement Projects, 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 24th day of June 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Police Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Grant Agreement by and between the City of Lubbock and the Texas
Department of Transportation is filed with Resolution No. 5201.
According to staff memo, state and national statistics show that
speeding and the lack of use of passenger restraints remain as
leading factors in accidents involving serious injury.
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The objective of this grant is to reduce the percentage of vehicles
exceeding the speed limit in areas of high non-compliance by 10
percent and to increase seat belt usage among drivers and
passengers for the Independence and Labor Day weekends. The
grant will be in effect from July 2nd through July 6th and from
August 31 st through September 4th. It will be used to pay
overtime to officers to patrol the streets and will hopefully reduce
accidents during these holiday periods.
This is a 100 percent federally funded grant in the amount of
$7,500 to be administered in July and August of 1996.
Staff recommended the approval of this resolution approving the
Summer Holiday Selected Traffic Enforcement Project grant.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #5201 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(20.) Bid #13462--Tire Recapping - Annual Pricing (Fleet Services).
Treadco, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(21.) Bid #13554--Light Bars (Police).
Law Enforcement Equipment Company --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(22.) Bid 413565--Sale of Scrap Paper Goods - Annual Pricing (Solid
Waste).
Vista Fibers --corrugated cardboard, percentage of Southwest High
for old corrugated cardboard containers; shredded computer paper,
percentage of Southwest High for computer paper; white paper,
percentage of Southwest High for old sorted white ledger paper;
mixed paper, percentage of Southwest High for mixed paper.
Browning & Ferris, Inc. --newsprint, percentage of Southwest High
for newsprint.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
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(23.) Bid #13581--Revolving Security Door, and authorize same
(Aviation).
RESOLUTION #5202
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 with Universal
Automatic Doors of Lubbock, Texas, to furnish and install all materials and services as
bid for the Revolving Security Door, 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 24th day of June 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 S
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 24th day of June 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 Universal Automatic Doors 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. 1358 1 --Revolving Security Door (Aviation) in the amount of $41,000.00
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and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Universal Automatic Doors
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Universal Automatic Doors
1921 68th Street
Lubbock, Texas 79412
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution 45202 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(24.) Bid #13592--30" Gate Valves (Water Utilities).
Western Industrial Supply, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
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(25.) Bid #13619--Power Turbine Disassembly and Repair (Electric
Production).
Operational Services, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to approve low bids meeting specifications
as recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(26.) ORDINANCE #9904--Zone Case No. 2771 (north of 68th Street
and west of Albany, south of 68th Street and east of Albany) --
Request of City of Lubbock for a zoning change from A-1 to C-
2 and R-1 on two tracts out of Section 27, Block E-2.
ORDINANCE #9904
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2771; A ZONING CHANGE FROM A-1 TO C-2 AND
R-I ZONING ON TWO TRACTS 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 Mayor Pro Tern Cooke, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9904 as recommended by staff. Motion carried:
5 Yeas; 0 Nays--Councilmember Neugebauer recused and excused
himself from any discussion and voting on this item.
(27.) Consider Resolution #5203 adopting a new policy entitled
"Boards and Commissions --Term Limitations" to be included
in Volume I of the City of Lubbock Policies and Procedures
Manual.
RESOLUTION 95203
WHEREAS, the City Council did by Resolution No. 1610 enacted on March 8,
1984, establish a Policy and Procedures Manual for the City of Lubbock; and
WHEREAS, the City Council deems it to be in the best interest of the citizens
of the City of Lubbock to establish standard procedures with regard to the term
limitations for members of City Council appointed advisory boards and commissions
which policy shall be included in Volume I of the City Policy and Procedures Manual;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the attached Procedure entitled "Boards and Commissions - Term
Limitations" be included as a new Article XI in Volume I of the City of Lubbock
Policies and Procedures Manual.
356
City Council Meeting
June 24, 1996
Page 357
Passed by the City Council this 24th day of June 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald G. Vandiver
Don Vandiver
First Assistant City Attorney
A copy of the Procedures is filed with Resolution No. 5203.
City Secretary Betty Johnson presented staff comments. This item
was introduced at the May 23, 1996, City Council Meeting.
Although the City Council has had an informal policy regarding
board and commission term limitations since July 1992, a formal
policy has not been adopted for inclusion in Volume I of the City
of Lubbock Policies and Procedures Manual.
The purpose of the provision being considered is to define
procedures to ensure consistency in appointment of members for
City Council appointed advisory boards and commissions and to
ensure consistency with the City Council's goals and policies in
making board and commission appointments.
Consistent with current reappointment practices of the City
Council, the policy being considered would allow members
appointed to a full term on board and commissions except the
Planning and Zoning Commission to be reappointed to one
additional full term upon expiration of the original term. Members
appointed to an unexpired term could be reappointed to two
additional full terms upon expiration of the original unexpired
term. Members elected to serve as Chair during their second full
term could serve a third full term. Members who are serving as
alternate could be reappointed indefinitely.
Also consistent with current reappointment practices of the City
Council, the policy being considered would allow members
appointed to the Planning and Zoning Commission to be
reappointed to two additional full terms. Members appointed to an
unexpired term could be reappointed to three additional full terms
upon expiration of the original unexpired term. Members elected
to serve as Chair during their third full term could serve a fourth
full term.
In addition, the policy being considered would formalize the
current practice that members of all City Council appointed
advisory boards and commissions may be appointed to no more
than one permanent board or commission. However, members of
357
City Council Meeting
June 24, 1996
Page 358
permanent boards and commissions may be appointed to
temporary boards, commissions, and task forces. In some
instances, board and commission members may serve as ex-officio
members of other boards and commissions.
Staff recommended adoption of this resolution and policy.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Patterson to authorize Resolution #5203 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
9:00 A.M. The City Council recessed as Council and reconvened as
regulatory body.
(28.) Consider Resolution #5204 authorizing the City Council,
sitting as a Regulatory Body, to suspend a requested rate
adjustment by Energas Company for purpose of a feasibility
study.
RESOLUTION #5204
WHEREAS, a Statement of Intent to increase rates within the City of Lubbock
was filed May 31, 1996, with the City Secretary of the City of Lubbock by Energas
Company; and
WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory
authority under provisions of law, is required by law to hold a public hearing to inquire
into the reasonableness of such proposed gas rate change; and
WHEREAS, the City Council has authority under provisions of law to suspend
implementation of such changed rate for up to ninety (90) days pending hearing and
decision on such proposed rate change; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock, sitting as a
regulatory authority under provisions of Vernon's Ann.Civ.St., Art. 1446e, hereby
suspends the effective date of the proposed rate change indicated in the Statement of
Intent to increase rates filed with the City Secretary by Energas Company, for a period
not to exceed ninety (90) days from the date when such rate change would otherwise
have been effective in order for the City of Lubbock and other affected cities to study
the rate request and determine its necessity; and
SECTION 2. THAT the City Council of the City of Lubbock, in accordance
with mandatory requirements of Section 5.08 of the Gas Utility Regulatory Act hereby
orders and directs that a public hearing upon said proposed rate change by Energas
Company be held in the City Council Chambers of the Lubbock Municipal Building,
1625 13th Street, at 10:30 A.M. on the 25th day of July, 1996, to determine the
reasonableness of such proposed rate increase. The City Secretary of the City of
Lubbock is hereby authorized and directed to give Energas Company immediate written
notice of such hearing by serving a copy of this Resolution and Order upon them at
their business office located in the City of Lubbock.
358
City Council Meeting
June 24, 1996
Page 359
RESOLVED AND ORDERED by the City Council this 24th day of June 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Managing Director
of Management Services
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Statement of Intent to increase its charges for gas services is filed with
Resolution No. 5204.
Anna Mosqueda, Director of Financial Services, presented staff
comments. On May 31, 1996, the City was notified by Energas
Company of a proposed 7.6 percent rate increase. Under state law
the City Council has the authority to suspend the proposed rate for
up to 90 days in order to evaluate the proposed increase and hold a
public hearing to allow citizen input. According to Energas, the
proposed increase would increase the Company's annual revenues
in the City by $2,301,491.
The proposed rate increase will affect 67 cities in the West Texas
area. If the City does not call for a 90-day extension period, the
proposed rate will automatically take effect 35 days after receipt of
notification.
According to records on file in the City Secretary's Office, the last
public hearing held by Council on a proposed rate increase was in
May 1991. At that time a 6 percent increase was proposed. In the
past, when such a request has been received, staff has joined with
the other impacted cities within the Energas system to hire a
consultant to study the rate request and recommended a decision.
All cities within the system would then maintain the same rate.
Staff anticipates no cost to the City as any costs associated with the
feasibility study will be passed through the rate.
Staff recommended that the public hearing be set for 10:30 a.m. on
July 25, 1996, and that a study of the rate request be authorized and
also to authorize participation with other cities in the study.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #5204 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
359
City Council Meeting
June 24, 1996
Page 360
(31.) Review of the Proposed FY 96-97 Annual Budget and Capital
Projects Budget for the City of Lubbock.
9:02 A.M. The City Council adjourned as regulatory body and reconvened as
Council.
(29.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Secretary).
(30.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Parks and Recreation, Police
Department, and Water Utilities).
The City Council heard presentations from City Manager Bob Cass, managing directors,
and department heads on the proposed FY 96-97 Annual Budget. The City Council
recessed budget reviews at 4:05 p.m. on June 24 and reconvened at 8:38 a.m. on June 25.
The City Council recessed at 5:20 p.m. on June 25, reconvened at 7:07 a.m. on June 26,
and adjourned the meeting at 8:26 on J
ATTEST:
Betty M. Johnson, ity Secretary
Read and approved this the 1 lth day of
ATTEST:
Betty . Johns , City Secretary
360