HomeMy WebLinkAboutMinutes - City Council - Regular - 7/11/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 11, 1996
4:00 P.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 11th
day of July 1996, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 4:00 P.M.
Present: Mayor David R. Langston, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, 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.
Mayor Langston called the meeting to order at 4:06 P.M.
( 1.) The Invocation was given by Randy Neugebauer, City
Councilmember District 5.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) A representative from the Public Transit Advisory Board
presented recommendations for changes in rate structure for
Citibus.
Will Williams, Chairman of the Public Transit Advisory Board,
presented comments. Citibus, in an effort to reduce costs and
increase effectiveness, efficiency, and revenue, had a survey
conducted by McDonald Transit Associates, Inc., in cooperation
with NuStats International. The Citibus Operational/Fare Structure
Analysis results recommended a restructuring of the current fare
system. Two public hearings were held on this matter.
The proposed increases are as follows:
Fare Category
Current Fare
Proposed Fare
Adult Cash
$0.75
$1.00
Senior/Disabled
$0.35
$0.50
Children (6+)
$0.50
$0.75
Econocards/Prepaid
$0.65
$0.90
Student Econocards/Youth $0.55
$0.80
Monthly Pass
(Unlimited)--
$52.00(New)
Agency (Disabled)
$0.40
$0.55
Agency (Social)
$0.65
$0.90
Demand Response
Service
(DRS)$ 1.50
$2.00
Transfers
FREE
FREE
Public testimony was received by the Public Transit Advisory
Board, after which it was approved by the Board that a
recommendation be submitted to the Lubbock City Council for
approval of a fare increase.
City Council Minutes
July 11, 1996
Page 364
Justification of Fare Increase
Elimination of Federal funding: 40 percent of the Citibus
operating budget is currently funded by the federal government.
The House goal is to eliminate this operating assistance within four
years; the Senate has a goal to eliminate this assistance by the year
2002. The funds received by Texas bus systems were reduced by
41 percent in FY96.
State of Texas contribution uncertain: 12 percent of the Citibus
operating budget is currently funded by the State. The State does
not have any type of a guaranteed funding program for transit.
Limited City funds available: The City of Lubbock currently funds
approximately 18 percent of Citibus' operating budget. With the
closing of Reese Air Force Base and the devastating economic
impact of the drought on the $1 billion cotton crop, Citibus cannot
expect additional assistance from the City of Lubbock.
Fares pay less than one-third of Citibus service costs: Currently,
Citibus fares pay less than one-third of the costs for operations.
The recovery ratio is even less for DRS curb -to -curb service for the
disabled, covering less than 15 percent of the service costs. A
reasonable overall goal for fare cost recovery is 40 percent.
Last fare increase: The last fare increase placed into effect was in
July 1982. Of several fare options examined, the recommended
fare structure will yield the most revenue increase with the least
amount of loss in ridership. The proposed increase is a 33 percent
increase. Consumer prices are currently up 62 percent since the
last fare increase. This fare increase would generate approximately
$150,000 in additional revenue. It is anticipated that 6.3 percent of
riders will be lost due to this increase.
With the changes occurring in transit funding on the local, state,
and national levels, Citibus is determined to become less
dependent upon government subsidies and more independent. Due
to the uncertainty of when these changes will occur, Citibus
intends to aggressively pursue all possible avenues of funding to
ensure its current level of service for the upcoming year and
beyond.
Citibus staff recommended approval of the fare increase passed by
the Public Transit Advisory Board.
Following statements by Citibus riders David Rojo, Drue Pettit,
Lawrence Franky, Penny Morris, and Warren Sandner motion was
made by Councilmember Ince, seconded by Mayor Pro Tem
Cooke to approve the fare increase as recommended by the Public
Transit Advisory Board. Motion carried: 7 Yeas; 0 Nays.
( 4.) A representative from the Lubbock Arts Alliance appeared to
present the Grants Review Committee recommendations for
the first cycle of the granting period for 1996.
364
City Council Minutes
July 11, 1996
Page 365
Debra Milosevich, Executive Director of the Lubbock Arts
Alliance, presented comments. On May 9, 1996, the City Council
approved an agreement to pay the Lubbock Arts Alliance, Inc.,
$105,743 for the encouragement, promotion and improvement of
all forms of art in the community. These monies represent the
amount collected from .4 cent of the hotel/motel tax collected
during the fiscal year ended September 30, 1995. The agreement
provides that a review committee of the Lubbock Arts Alliance
shall receive and evaluate applications for grants and make
recommendations to the City Council for awarding of these grants.
The City Council was now asked to approve $46,100 in grant
awards for the first of two grant periods for FY 1996-97.
Twenty-five applications were received on the June 1 deadline and
twenty-one are recommended for full or partial funding.
The Lubbock Arts Alliance, Inc., recommended approval of these
funds.
Motion was made by Councilmember Hernandez to approve the
grant funds as recommended by staff with two amendments as
follows: $7,500 to the National Cowboy Symposium and $8,000 to
the Fiestas del Llano. Motion died due to lack of a second.
Motion was made by Councilmember Ince, seconded by
Councilmember Sitton to approve grants in the amount of $46,100,
with the National Cowboy Symposium resubmitting an application
to the Lubbock Arts Alliance for recommendation. Motion
carried: 7 Yeas; 0 Nays.
( 5.) Robert Bobinchuck and Rick Deyoe, representing American
Preferred Homes, will appear to request that the City Council
authorize a loan to use as a match to obtain tax credits from
the State of Texas for the purpose of constructing low- to
moderate -income housing and to request that the City Council
take appropriate action.
This item was deleted from the agenda.
( 6.) Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve the minutes of the June 24, 1996,
Regular City Council Meeting, and the minutes of the June 26,
1996, Regular City Council Meeting as written. Motion carried: 7
Yeas; 0 Nays.
( 7.) ORDINANCE NO. 9903--Amending Chapter IX, Chapter 14
of the Lubbock Code of Ordinances relating to sexually
oriented businesses.
365
City Council Minutes
July 11, 1996
Page 366
ORDINANCE NO. 9903
AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD
TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; SETTING FORTH
DEFINITIONS; SETTING FORTH EXCEPTIONS; PROVIDING FOR PERMITS AND
PERMIT APPLICATIONS; PROVIDING FOR INSPECTIONS; EXPIRATION,
SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR APPEALS;
PROVIDING FOR ADDITIONAL REGULATIONS; PROVIDING FOR RECORDS
TO BE KEPT; ESTABLISHING AGE REQUIREMENTS; PROVIDING FOR NOTICE;
AUTHORIZING CIVIL SUITS TO BE FILED; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on second and final reading
Ordinance No. 9903 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(9.) Consider Ordinance No. 9915 abandoning and closing a
portion of a stormwater storage and drainage easement and
portions of two underground utility easements in Section 15,
Block E-2, Lubbock County, Texas (5110 92nd Street).
ORDINANCE NO. 9915
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A
STORMWATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION
15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, A 6,550 SQUARE
FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN
SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS; AND A 1,400
SQUARE FOOT PORTION OF AN UNDERGROUND UTILITY EASEMENT
LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY,
TEXAS; EACH OF 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
0.92 acre portion of a stormwater storage and drainage easement, a
6,550 square foot portion of an underground utility easement, and a
1,400 square foot portion of an underground utility easement in the
Lakeridge Country Club Estates Addition adjacent to York Place
and 92nd Street. These three easements are being closed for
platting purposes for the new plat of Lots 951-985 in Lakeridge
Country Club. All utility companies have agreed to these utility
easement closures and the Engineering Department has agreed to
the stormwater easement closure. No easements are needed for
stormwater, and the City is acquiring the ones needed for utilities
and solid waste collection with the plat.
Staff recommended the first reading of this ordinance.
KITH
City Council Minutes
July 11, 1996
Page 367
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9915
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(10.) Consider Ordinance No. 9916 abandoning and closing a
portion of a 20-foot public roadway in Section 17, Block E-2,
Lubbock County (4301 98th Street).
ORDINANCE NO. 9916
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
PUBLIC ROAD LOCATED IN SECTION 17, BLOCK E-2, 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.
According to staff memo, in 1924 the Lubbock County
Commissioners accepted through petition a public roadway which
was later to be known as 98th Street and which ran westward from
Indiana Avenue to Slide Road. This county road was 40 feet in
width, 20 feet on each side of the section line. In 1984, the City
realigned 98th Street southward. The property south of this county
road is in the process of being replatted and the south half of this
40-foot roadway has been requested to be closed. The old roadway
will revert back to an underground utility easement to cover the
existing utilities.
Staff recommended the first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass on first reading Ordinance No. 9916
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Consider Resolution No. 5205 authorizing the Mayor to
execute a contract with South Plains Association of
Governments for an educational and outreach grant for
composting.
RESOLUTION NO. 5205
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 associated
documents with South Plains Association of Governments for grant funds to establish a
yard trimming management program 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.
367
City Council Minutes
July 11, 1996
Page 368
Passed by the City Council this 1 Ith day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Steven D. Johnson
Steven D. Johnson, Solid Waste
Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Contract and Attachment A with the South Plains Association of
Governments is filed with Resolution 5205.
According to staff memo, the Texas Natural Resources
Conservation Commission (TNRCC) has provided grant funding
through the Council of Governments for waste reduction projects.
The Solid Waste Department submitted a grant proposal to the
South Plains Association of Governments for a yard waste
management program.
The amount of the grant is $42,043 and is to be used for the
following purposes:
Development of a "Don't Bag It" program, which encourages
people to leave the grass clippings on the lawn
Development of educational materials
Lawn demonstrations consisting of using a mulching mower and
showing that grass grows even if clippings are left on the ground.
Bid and purchase of backyard composting bins for distribution to
the public who attend the educational and outreach events. Staff
recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5205 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution No. 5206 authorizing acceptance of water
and sanitary sewer improvements for Tracts "F-1" through
"F-8", Shadow Hills Addition, located near northwest corner
of 4th Street and Frankford Avenue.
•:
City Council Minutes
July 11, 1996
Page 369
RESOLUTION NO.5206
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR TRACT F-I THROUGH TRACT F-8, SHADOW HILLS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract F-1 through Tract F-8, Shadow Hills 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 $31,271.53, with the
improvements constructed by Holoman Construction having a value of $30,273.50, as
determined by the unit prices established by said Chapter 28, and $998.03 cash paid to
the City, with Ken Flagg, 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.
=
City Council Minutes
July 11, 1996
Page 370
Passed by the City Council this 1 lth day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON,
MAYOR
ATTEST:
/s/
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
According to staff memo, 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
$31,271.53 including value of construction costs of $30,273.50 and
$998.03 cash paid to the City of Lubbock. The developer will not
receive a refund.
This development is located northwest of 4th Street and Frankford
Avenue.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5206 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution No. 5207 authorizing the Mayor to
execute a grant application and related documents for the
United States Department of Justice for a digital imaging
computer system and for the Council to establish or designate
an advisory board to review the application for funding and
making non -binding recommendations to the Council for the
use of the funds received under the Department's Block Grants
Program.
370
City Council Minutes
July 11, 1996
Page 371
RESOLUTION NO.5207
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 an on behalf of the City a grant application and related documents
for the United States Department of Justice for a digital imaging computer system and
that the Council hereby agrees, in accordance with the requirements of such grant
application, to establish or designate an advisory board to review the application for
funding and make nonbinding recommendations to the Council for the use of funds
received under the Department's Block Grants Program.
Passed by the City Council this 11th day of July 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, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, these funds are being requested to
purchase computers and related equipment to include a digital
imaging system. This equipment is necessary to assure maximum
benefit of the future connection of the Police Public Safety
Computer to the Lubbock County Computer System. This
equipment will also expand access of the Public Safety System
local area network to the City of Lubbock local area network.
Included in the package is a digital imaging system which will be
compatible with Lubbock County's imaging system and a digital
photography system which will save several thousands of dollars
spent yearly on 35mm film and processing.
The grant also calls for the City to establish an advisory board to
review the application for funding and make non -binding
recommendations on the use of the funding. At a minimum, this
advisory board will consist of one representative from each of the
following areas: local law enforcement, local prosecutor's office,
local court system, local public school system, and a local non-
profit group that is involved in crime prevention. The board will
be appointed by the Mayor; however, it does not have to be
appointed until after the grant is awarded.
371
City Council Minutes
July 11, 1996
Page372
The grant requires 10 percent matching funds from the City in cash
to be obligated and expended during the Federal project period.
The Police Department is requesting a grant in the amount of
$277,000. The City's share will be $27,700.
Staff recommended that this resolution be approved.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5207 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution No. 5208 authorizing the Mayor to
execute an amendment to the existing contract with the Texas
Tech University Health Sciences Center Dermatology Clinic
for physician services.
RESOLUTION NO. 5208
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 Amendment No. 1 to
Contract Number ALMW92433, attached herewith, by and between the City of Lubbock
and Texas Tech University Health Sciences Center for physician services, 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 11 th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing
Director of Health Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Amendment 1 to Contract Number with Texas Tech University Health
Sciences Center is filed with Resolution 5208.
372
City Council Minutes
July 11, 1996
Page 373
According to staff memo, in March 1992 the City of Lubbock
Health Department signed a contract with the TTU Dermatology
Clinic for physician services. The physician services are targeted
at clients who enter the sexually transmitted disease clinic. This
amendment will provide a physician in the clinic 4.5 hours per
week. Payment for physician services will be $100 per hour.
which is a $25 increase per hour from March 1992. This increase
in payment will not have an impact on the overall budget due to the
decrease in the number of hours a physician is in the clinic. Even
though there will be a decrease in physician hours, there will still
be a sufficient amount of hours available to serve the public.
This amendment enhances the Health Department's core mission
of public health by providing needed services to the low-income
community.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5208 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution No. 5209 amending a contract with
Munex, Inc., for management services for Lubbock Power &
Light.
RESOLUTION NO.5209
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 an on behalf of the City of Lubbock a Management Contract by
and between the City of Lubbock and Munex, Inc., 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 1 lth day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/sBob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
373
City Council Minutes
July 11, 1996
Page 374
A copy of the Management Contract by and between the City of Lubbock and Munex,
Inc. is filed with Resolution 5209.
According to staff memo, the existing contract with MUNEX, Inc.,
began at the end of September 1995 and was originally to end
September 30, 1996. The purpose of this contract was to provide
management of Lubbock Power and Light through a contractual
arrangement whereby Robert Massengale has been provided by the
corporation to manage the electric utility.
City staff has considered hiring a permanent employee for this
position, however, through discussions with Robert Massengale,
City staff has mutually agreed to an extension of the contract. This
arrangement will provide needed stability for the electric utility in
the best interest of the City and the electric utility.
This amendment extends the term of the contract for a period of
two years from the date of the execution of the contract. The
compensation under the contract is the same as the existing
contract, with a three percent increase on October 1 of each year
during the term of the agreement. All other terms of the contract
are essentially the same.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5209 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider the price and condition of sale of Parcel Number
54490-0-2840 at 2907 Beech in the Manhattan Heights
Addition.
According to staff memo, this is a routine sale of property by the
Southeast Lubbock Development Corporation to Sid Lee d/b/a Lee
Homes for $300. The property is to be redeveloped in cooperation
with the Lubbock Housing Finance Corporation with a new 1,195
single-family residence valued at $45,000. The land is properly
zoned.
The proposed development was approved by the Southeast
Lubbock Development Corporation on June 18, 1996. The
Housing Department recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize sale of parcel as recommended
by staff. Motion carried: 7 Yeas; 0 Nays.
(17.) Consider Resolution No. 5210 authorizing the Mayor to
execute a contract with the Texas Department of Housing and
Community Affairs to assist low-income families with
weatherization services.
374
City Council Minutes
July 11, 1996
Page375
RESOLUTION NO. 5210
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 the Texas
Department of Housing and Community Affairs to assist low-income families with
weatherization services. Said Contract is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 1 Ith day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Contract by and between the City of Lubbock and Texas Department of
Housing and Community Affairs is filed with Resolution 5210.
According to staff memo, the City of Lubbock has participated in
the State Weatherization program for several years. Southwestern
Public Service Company (SPS) has funded the Texas Department
of Housing and Community Affairs for additional weatherization
on eligible low income SPS customers, particularly the elderly and
disabled. The program allows for the installation of attic
insulation, low -flow shower heads, and compact fluorescent light
bulbs. The average per unit cost will be $600. Sixty-three units
are to be completed. The total contract amount is $37,661.
The SPS Low Income Program Contract is to be implemented in
Lubbock County for homes heated and/or cooled with electricity.
The SPS/WAP program will complement the existing DOE and
State Weatherization programs currently in place Only SPS
customers will be eligible for the additional weatherization which
will be leveraged with other programs for maximum effect within
the targeted areas.
This contract is from January 16, 1996 to March 31, 1997.
Staff recommended approval of this contract.
375
City Council Minutes
July 11, 1996
Page 376
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5210 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Resolution No. 5211 authorizing an amendment to
the amendments passed by the City Council of the City of
Lubbock on April 11, 1996, that amended the 1995-96
Community Development Block Grant Action Plan for the
reallocation of unprogrammed funds.
RESOLUTION NO.5211
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 Amendment to the
Amendments passed by the City Council of the City of Lubbock on April 11, 1996, that
amended the 1995-96 Community Development Block Grant Action Plan for the
reallocation of Unprogrammed Funds. Said is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Allocations Amendment to the Amendment
CDBG Program
Direct Homeownership Assistance Program $189,000
This program will assist approximately 30 low to moderate income families and
individuals to become homeowners.
$189,000 will be made available to qualifying applicants for low interest, soft second
mortgage buydowns or to provide downpayment and closing cost assistance. The soft
second and downpayment and closing costs would be a second lien at 3% interest. The
term of the loan would be based on the applicant's income.
This program will be leveraged with local lending institutions. Plans National Bank has
agreed to set aside $800,000.00 until September 30, 1996 through its Community Loan
program to be leveraged with the Direct Homeownership Assistance Program.
376
City Council Minutes
July 11, 1996
Page 377
Passed by the City Council this 1 lth day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
' ' • 0 : -VtohLe
/s/ Amy L. Whitt
Amy L. Whitt.. Assistant City Attorney
According to staff memo, at the City Council work session of April
11, 1996, the Council tabled requests for CDBG Contingency
funds. The project submitted at that time was the moving and
rehabilitation of donated LISD portable classrooms ($189,000).
The item was tabled pending a closer review by the staff to see if
the CD Contingency funds could be leveraged with private sources
to further the City's money.
At the May 9, 1996, work session, the Housing Department
reported that a local lending institution had agreed to leverage
CDBG funds with $800,000 of permanent financing. The program
allowed for the implementation of Direct Homeownership
Assistance through low -interest, soft second mortgage buydowns,
or to provide down payment and closing cost assistance. Under
this program, it was estimated that 30 families would be assisted.
In contrast, only 12 families would have been assisted through the
moving of the LISD portable classrooms. The amount of funds
needed would be $189,000.
The City Council approved this item at the May 9 work session.
However, the City's Legal Department determined that this should
have been done by resolution. Therefore, it is recommended that
this resolution be approved authorizing $189,000 of Community
Development Block Grant funds for a Direct Homeownership
Assistance program.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5211 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Bid #13479--Printing and Copying Services (Financial
Services). Consider rejecting all bids and accepting
departmental proposal.
377
City Council Minutes
July 11, 1996
Page 378
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to reject all bids and accept departmental
proposal as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(20.) Bid 913503--Gloves - Annual Pricing (Central Warehouse).
Bistle Glove Company --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Bid #13563--Semi-Automatic Pistols (Police Department).
Texas State Distributors, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(22.) Bid 913569--Contract Turf Maintenance - Annual Pricing
(Water Utilities).
Roberts Landscape Maintenance --Group 1 - Class E Areas and
Properties - 8 Cycles; Group 7 - Class A Areas and Properties - 8
Cycles.
Ken Kelley --Group 2 - Class E Areas and Properties - 8 Cycles;
Group 3 - Class E Areas and Properties - 8 Cycles; Group 4 - Class
E Areas and Properties - 8 Cycles.
Luis Gonzales --Group 5 - Class E Areas and Properties - 8 Cycles;
Group 6 - Class E Areas and Properties - 8 Cycles; Group 8 - Class
E Areas and Properties - 8 Cycles; Group 11 - Class C Areas and
Properties - 11 Cycles.
Kelly's Lawn & Landscaping --Group 9 - Class E Areas and
Properties - 8 Cycles; Group 10 - Class E Areas and Properties - 8
Cycles.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(23.) Bid #13585--Office Supplies - Annual Pricing (Print Shop).
Baker Office Products, LTD --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) Bid #13593--City of Lubbock Landfill Fencing, and authorize
same (Solid Waste).
378
City Council Minutes
July 11, 1996
Page 379
RESOLUTION NO. 5212
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 an on behalf of the City of Lubbock a Contract with G & O Fence
Contractors, Inc. of Odessa, Texas, to furnish and install all materials and services as bid
for the City of Lubbock Landfill Fencing, 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 1 lth day of July 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
A copy of the Contract is filed with Resolution 5212.
G & O Fence Contractors, Inc., Odessa, Texas.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5212 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(25.) Bid #13594--Lubbock Memorial Civic Center Carpet (Civic
Center).
Couristan, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(26.) Bid #13600--LP&L Painting Holly Unit #2, Stairways and
Handrails, and authorize same (Electric Production).
379
City Council Minutes
July 11, 1996
Page 380
RESOLUTION NO.5213
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 an on behalf of the City of Lubbock a Contract with Western
Coating Company, Inc. of Odessa, Texas, to furnish and install all materials and services
as bid for the LP&L Painting Holly Unit #2, Stairways and Hand Rails, 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 1 lth day of July 1996.
/s/ David R. Langston
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
COUNTY OF LUBBOCK
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 1 lth day of July, 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 WESTERN COATING COMPANY, INC. of the City of Odessa, County
of Ector, and the State of Texas, herein 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 # 13600 - LP&L PAINTING HOLLY UNIT #2, STAIRWAYS AND HAND
RAILS - $51,800
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
City Council Minutes
July 11, 1996
Page 381
accessories and services necessary to complete 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 bid 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/ Harold Willard
Secretary
APPROVED AS TO CONTENT:
/s/ Joe Tilley
Owner's Representative
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
MAYOR
CONTRACTOR:
WESTERN COATING COMPANY, INC.
By: Michael Wilson
PRINTED NAME: Michael Wilson
TITLE: President
COMPLETE ADDRESS:
Western Coating Company, Inc.
2211 E. Murphy
Odessa, Texas 79761
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution No. 5213 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) Bid #13603--105' Aerial Platform Fire Truck (Fire
Department).
Houston/Galveston Area Council --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(28.) Bid 413623--34th Street & Quaker Avenue Street Repair
(Water Utilities).
Zebra Construction Company --Total bid.
381
City Council Minutes
July 11, 1996
Page 382
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(29.) Bid #13634--Repair of Holly 2 Feed Pump Rotor (Electric
Production).
BW/IP International, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to approve low bids meeting specifications as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(30.) ZONE CASE NO.2776 (3413 Avenue R)--Hold a public
hearing to consider request of Charles Bolton (for Bolton Oil
Company) for a zoning change from R-2 to C-4 (limited to
automotive repair and detail associated with sales) on Lot 19,
Stubbs Resubdivision, and to consider ordinance.
ORDINANCE NO.9917
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1776; A ZONING CHANGE FROM R-2 TO C-4
ZONING ON LOT 19, STUBBS RESUBDIVISION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Langston opened the public hearing at 5:19 p.m. Charles
Bolton appeared on behalf of Bolton Oil Company to present this
request for zone change from R-2 to C-4. No one appeared in
opposition. Mayor Langston closed the hearing at 5:20 p.m.
Randy Henson, Senior Planner, presented staff comments. Mr.
Henson gave the adjacent land use relationships as follows:
North - residential, multi -family
South - residential
East - commercial
West - residential
The Comprehensive Land Use Plan notes the lots adjacent to
Avenue R as residential. If this request is approved, the change
will represent a minor change to the Plan.
Zoning policy indicates a need to protect adjacent residential. The
parcel has been used for parking by adjacent businesses for some
while and is fenced off from Avenue R and both side property
lines. The proponent is requesting that no access to Avenue R be a
condition of the zone case and that the solid screen fence be kept in
good shape on the north, south and west sides of the lot. The
screening fence has very little setback on Avenue R, but the
neighborhood seems to have adjusted to it.
The single precedent for commercial use of lots on Avenue R
between 34th and 38th is a Zoning Board of Adjustment case for
MON
City Council Minutes
July 11, 1996
Page 383
parking in a residential district on Lot 25 (to the south). No
adjacent property owners appeared at the hearing.
The proposal should have no effect on traffic.
The Planning and Zoning Commission recommended the request
with four conditions:
The C-4 zoning shall be limited to automotive repair and detail
associated with sales. Any other proposed use shall require an
amended zoning request
No access shall be allowed to the parcel from Avenue R
The screening fence shall be maintained in good repair on the
north, south and west lot lines
Tied to the proposed site plan for setback from Avenue R
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9917
with conditions as recommended by P&Z and City staff. Motion
carried: 6 Yeas; 0 Nays--Councilmember Hernandez was absent
from the City Council Chambers.
(31.) ZONE CASE NO.2191-B (east of Milwaukee Avenue and
north of 19th Street) --Hold a public hearing to consider
request of Betenbough and Company for a zoning change from
R-1 to R-1 Specific Use (garden homes) on a tract out of
Section 9, Block J-S, and to consider ordinance.
ORDINANCE NO, 9918
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES; ZONE CASE NO.2191-B; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION
9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston opened the public hearing at 5:21 p.m. No one
appeared in favor of or in opposition to Betenbough and
Company's request for zone change from R-1 to R-1 Specific Use.
Mayor Langston closed the hearing at 5:22 p.m.
Randy Henson, Senior Planner, presented staff comments. The
proponent is requesting a Specific Use Permit for the ability to
build garden homes within this tract of land. The garden home is a
detached, single-family style of residential construction that allows
a zero setback on one lot line and a ten foot setback on the other
side lot line. Mr. Henson gave the adjacent land use relationships
as follows:
City Council Minutes
July 11, 1996
Page 384
North - single family
South - commercial
East - single family
West - Upland Avenue, single family
The request complies with the Comprehensive Land Use Plan. The
Specific Use Permit for Garden Homes differs from R-1 single
family in three primary areas:
Coverage 65 percent versus 50 percent
Zero/ten foot setback on side property lines versus five and five
A fifteen foot front setback, twenty for garages versus a 25 foot
setback
The proponent for this request is asking for a condition that
requires a 20 foot minimum front setback for all structures.
The proposal will not affect traffic to an extent greater than the
existing plat approved for the property. The preliminary plat
contains 411 lots. Development of this property will dedicate and
improve the west half of Iola which serves as a major collector of
these subdivisions to 19th Street. No adjacent property owners
spoke at the hearing. The Planning and Zoning Commission
recommended the request with one condition:
The minimum front setback shall be 20 feet. Staff supported the
recommendation of the Planning and Zoning Commission.
Motion was made by Councilmember Sitton, seconded by
Councilmember Cooke to pass on first reading Ordinance No.
9918 as recommended by P&Z and City staff. Motion carried:
6 Yeas; 0 Nays--Councilmember Hernandez was absent from the
City Council Chambers.
(32.) Hold a public hearing to consider amendment to the Sexually
Oriented Business section of the Zoning Code of Ordinances,
and take appropriate action.
ORDINANCE NO. 9919
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK
COMPREHENSIVE ZONING ORDINANCE, SECTION 29-3 (103a), DEFINING
SEXUALLY ORIENTED BUSINESS.
Mayor Langston opened the public hearing at 5:25 p.m. No one
appeared in favor of or in opposition to amendment of the Sexually
Oriented Business section of the Zoning Code of Ordinances.
Mayor Langston closed the hearing at 5:26 p.m.
Randy Henson, Senior Planner, presented staff comments. On May
23, 1996, the City Council approved several amendments in
Chapter 14 of the Code, portions related to sexually oriented
business establishments. The Zoning Code (Section 29) contains a
reference to an amended definition in Section 14, and the proposed
City Council Minutes
July 11, 1996
Page 385
ordinance amendment is a corrected reference. None of the
language of the zoning regulations for sexually oriented business is
changing, only the reference to Section 14 and the definition of
"primary business activity."
The Planning Commission recommended approval of the change
procedures.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Mayor Pro Tem Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No.
9919 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(33.) Hold a public hearing to consider the request of Benson
McCown for an Oil Drilling Permit on a tract located
approximately 620 feet north of East Ursuline and 1916 feet
west of North Guava in Section 8, Block A, Lubbock County,
Texas. Designation of the well is Dunlop #2.
Mayor Langston opened the public hearing at 5:26 p.m. Ronnie
Madison appeared on behalf of Benson McCown to present this
request for an oil drilling permit. No one appeared in opposition.
Mayor Langston closed the hearing at 5:27 p.m.
(34.) Consider approval of an oil drilling permit for Dunlop #2.
Randy Henson, Senior Planner, presented staff comments. On June
17, 1996, the Planning Department received an application for a
drilling permit. The storage site is proposed at an existing tank
battery approximately 200 feet west of Guava and 1120 feet north
of East Ursuline.
The application is in order. The lease contains 40 acres. Benson -
McCown proposes earth sludge pits and no landscaping at the well
site. The blow-out protector has a rating of 5,000 psi. Disposal of
waste materials is proposed at a Railroad Commission approved
dump. Access to the drill site and storage site is proposed from
Guava on private property.
Short Term Impacts: A minimum of impact is expected for the
short term since the area is uninhabited. The current use is
agricultural. There are no homes in the immediate vicinity of the
proposed well or existing tank battery.
Potential Long Term Impacts: The land area surrounding and
including this lease is designated industrial on the Comprehensive
Land Use Plan. Additional wells are in the immediate area. Since
little additional development is projected in the immediate area and
future development is anticipated as industrial, few long term
negative impacts are anticipated.
Recommended Permit Conditions:
No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the surface casing has been set.
WIR
City Council Minutes
July 11, 1996
Page 386
The permittee shall require that a first series of casing be set
when drilling reaches a depth of 500+/- feet. The permittee
shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
The first and second series of casing of the well shall be in
substantial compliance with applicable portions of Rule 13 of
the Texas Railroad Commission.
The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications
indicated within the application of Benson-McGown for Dunlop
#2.
Staff recommended approval of this permit.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Sitton to approve the oil drilling permit as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(35.) Hold a public hearing to discuss the annexation of the
following property into the City of Lubbock (Quaker Avenue
to Milwaukee Avenue between approximately 100th to 107th
Street).
Mayor Langston opened the public hearing at 5:57 p.m. Henry
Huneke and Truett Craft appeared on behalf of H. A. Sessions to
present this request for annexation. Scott MacKenzie, John Armor
and Dave Messick appeared in opposition to portions of the
annexation. Mayor Langston closed the hearing at 6:48 p.m.
Randy Henson, Senior Planner, presented staff comments. On July
2, 1996, the Planning Commission held a public hearing for the
area proposed for annexation south of 98th between Quaker and
Milwaukee. The large parcel owners include:
1. Dr. Hubert Cone
2. H.A. Sessions
3/4. A consortium of owners represented by Dub Mantooth
and Scott MacKenzie
5/6. Truett Craft and the Donald Bledsoe estate
7. Various small parcel owners
Discussion during the hearing was dominated by Mr. MacKenzie,
representing the owners of Areas 3 and 4 and their desire not to be
included in the annexation. The area between Slide and Frankford
contains a total of 240 acres from which a 40-acre parcel has been
platted into 32 one -acre home sites. No preliminary plats have
been approved on the balance of the half section, although staff
believe they have a Phase II design. Their primary concerns are
that the market does not exist for "town" size lots and development
costs under city standards are prohibitive for the one acre
"country" lots. Paving costs for curbed and guttered streets are
much higher than the strip paving allowed by Lubbock County.
In addition, Mr. Craft indicated that his partner in Areas 5 and 6
did not care to have Area 6 included at this time. Mr. Cone, who
W.
City Council Minutes
July 11, 1996
Page 387
owns Area I did not attend the hearing and has not expressed
opposition. He recently processed a preliminary plat on the quarter
section he owns. Mr. Henson spoke with Dr. Cone on July 3 to
confirm the fact he is not in opposition to the annexation of Area 1.
The Planning Commission, based on opposition expressed by Mr.
MacKenzie, recommended that only the areas requested by Mr.
Sessions (Area 2) and Mr. Craft (Area 5) be annexed. While
several members agreed that the "jigsaw" pattern is not the best,
annexing only the requested areas would not hurt for a short time
frame. There seemed to be consensus that the portions left out this
time would be reconsidered for annexation in the near future.
The single vote against the motion was based on the
Comprehensive Land Use Plan Policy of not creating pockets.
The Planning and Zoning Commission recommendation included
only a portion of the 720 acre area. The Planning Department will
continue to recommend annexation of the entire study area. No
action was required at this time.
(36.) Hold a public hearing for the 1996-97 Community
Development Block Grant (CDBG), Emergency Shelter Grant
(ESG), and HOME Investment Partnership (HOME)
Programs.
Mayor Langston opened the public hearing at 6:50 p.m. Doug
Goodman, Director of Health and Community Services presented
funding recommendations. The following citizens spoke at the
hearing: Everett Hooper, representing MHMR; JoAnn Cotter,
Director of Early Learning Centers of Lubbock; Ken Flagg and
Shari Flynn, Lubbock Housing Finance Corporation; Myrtle
Mannix and Mikel Ward. Mayor Langston closed the hearing at
7:30 p.m.
(37.) Consider Resolution No. 5214 authorizing the Mayor to
execute an amendment to the 1995-96 Emergency Shelter
Grant Action Plan for the reallocation of returned funds.
RESOLUTION NO.5214
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 Amendment to the 1995-
96 Emergency Shelter Grant Action Plan for the reallocation of returned funds. Said
Amendment is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
387
City Council Minutes
July 11, 1996
Page 388
Passed by the City Council this 11 th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Recommended Funding Reallocations is filed with
Resolution 5214.
Doug Goodman, Director of Health and Community Services,
presented staff comments. During the 1995-96 fiscal year, two
recipients of 1995-96 Emergency Shelter Grant funds were unable
to implement their proposed projects. The Community Housing
Resource Board had proposed to use $12,800 for operations of
transitional shelter. Due to changes at the federal level, they were
unable to obtain vacant houses to use for transitional shelter.
Therefore, they returned their award to the City. In addition,
Women's Protective Services returned $6,000 which they had
planned to use for a homeless prevention project and due to the fire
that occurred at their shelter, they did not feel that they could
successfully implement this new project.
The Community Development Advisory Committee met on June
20, 1996, and recommended proposals from Salvation Army for
Homeless Prevention and Women's Protective Services for
operations money.
Staff recommended approval of the Community Development
Advisory Committee's recommendation for the reallocation of the
1995-96 Emergency Shelter Grant funds.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution No. 5214 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(38.) Consider Resolution No. 5215 authorizing the Mayor to
execute two YWCA proposals and two Women's Protective
Services proposals in the 1996-97 Community Development
c::
City Council Minutes
July 11, 1996
Page 389
Grant Application to the Department of Housing and Urban
Development.
RESOLUTION NO. 5215
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 sign and submit two YWCA proposals and two Women's Protective Services
proposals in the 1996-97 Community Development Grant Application to the Department
of Housing and Urban Development.
Passed by the City Council this 1 Ith day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution 5214
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution No. 5215 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays--
Councilmember Sitton and Councilmember Neugebauer abstained.
(39.) Consider Resolution No. 5216 authorizing the Mayor Pro Tem
to execute one Fourth Corps proposal in the 1996-97
Community Development Grant Application to the
Department of Housing and Urban Development.
RESOLUTION NO. 5216
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized
and directed to sign and submit the Fourth Corps' proposal in the 1996-97 Community
Development Grant Application to the Department of Housing and Urban Development.
REM
City Council Minutes
July 11, 1996
Page 390
Passed by the City Council this 1 lth day of July 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution 5214.
Mayor Pro Tem Cooke presided over the next few items.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution No. 5216 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Langston abstained.
(40.) Consider Resolution No. 5217 authorizing the Mayor Pro Tem
one Lubbock Housing Finance Corporation proposal in the
1996-97 Community Development Grant Application to the
Department of Housing and Urban Development.
RESOLUTION NO.5217
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized
and directed to sign and submit the Lubbock Housing Finance Corporation in the 1996-97
Community Development Grant Application to the Department of Housing and Urban
Development.
390
City Council Minutes
July 11, 1996
Page 391
Passed by the City Council this 11 th day of July 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution 5214
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution No. 5217 with
an amendment of an additional $25,000, with the remainder being
sought from local lenders. Motion carried: 5 Yeas; 0 Nays --
Mayor Langston and Councilmember Patterson abstained.
(41.) Consider Resolution No. 5218 authorizing the Mayor Pro Tem
to execute three Lubbock United Neighborhood Associations
proposals in the 1996-97 Community Development Grant
Application to the Department of Housing and Urban
Development.
RESOLUTION NO. 5218
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized
and directed to sign and submit the Lubbock Neighborhood Association's three proposals
in the 1996-97 Community Development Grant Application to the Department of
Housing and Urban Development.
391
City Council Minutes
July 11, 1996
Page 392
Passed by the City Council this 11 th day of July 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution 5214
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution No. 5218 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor
Langston abstained.
Mayor Pro Tern Cooke returned control of the City Council
meeting back to Mayor Langston.
(42.) Consider Resolution No. 5219 authorizing the Mayor to
execute and submit the Community Development Block Grant,
Emergency Shelter Grant, and HOME Investment Partnership
Program applications, one year strategies, and all related
documents to the Department of Housing and Urban
Development.
RESOLUTION NO.5219
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 an on behalf of the City of Lubbock to sign and submit the
Community Development Block Grant, Emergency Shelter Grant, and HOME
Investment Partnership application, one year strategies, and all related documents to the
Department of Housing and Urban Development.
392
City Council Minutes
July 11, 1996
Page 393
Passed by the City Council this 1 lth day of July 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Service
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Grant Application to the Department of Housing
and Urban Development is filed with Resolution 5214
Doug Goodman, Director of Health and Community Services,
presented staff comments. On May 6, 1996, the U.S. Department
of Housing and Urban Development informed the City of Lubbock
that it was eligible to receive a Fiscal Year 1996 consolidated
formula allocation of $4,461,000. In addition, $125,000 in
program income is anticipated for the 1996-97 program year. The
following shows a breakout of the resources:
Amt. Avail, Amt. Requested
Emergency Shelter Grant
HOME Investment Partnership
Community Development Block Grant
Program Income
Total
$ 87,000 $139,578
$1,041,000 $1,694,284
$3,333,000 $6,226,818
125,000
$4,586,000 $8,060,680
The total formula is a $102,000 reduction in the awards to the City
of Lubbock from the previous year and CDBG is expected to
decrease 10 percent next fiscal year.
After the designation of the targeted neighborhoods by the City
Council on April 18, 1996, the staff developed and issued a request
_ for applications and a Citizen's Guide to invite all interested
parties to take part in the allocation process. The staff met
separately with the targeted neighborhoods to disseminate this
information. Throughout the month of May, the staff availed
technical assistance through workshops to assist interested
applicants in filling out applications. The deadline for applications
was May 31, 1996 at 5:00 p.m.
393
City Council Minutes
July 11, 1996
Page 394
This year staff received 54 applications with requested amounts
totaling $8,060,680. Council received a summary of the
applications on June 24, 1996. The applications were reviewed by
staff for completeness and the applications were graded and
grouped by categories and submitted to provider groups for
evaluation and recommendation where possible.
The Community Development Advisory Committee met on June
20, 1996, to select the proposals submitted for funding.
In keeping with the City Council goals and the requirements of the
consolidation plan, the Community Development Department has
continued to emphasize targeting, citizen participation from the
planning stages through implementation and evaluation, return of
investment through evergreen funds, and using resources to meet
needs in the community. Lubbock citizens have participated in this
year's process through the neighborhood associations, community
and business organizations, direct participation, and the
Community Development Advisory Committee. All of these
entities have been present in this year's process, which makes the
recommendations particularly reflective of the concerns and
priorities of the citizens of Lubbock.
Thus, it is the recommendation of the staff that the Community
Development Advisory Committee's recommendations for the use
of the 1996-97 federal funds be approved by the Mayor and City
Council.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution No. 5219 as
recommended by staff with $12,500 to fund the Early Learning
Center parking lot request and reducing sidewalk funding by that
amount. Motion carried: 7 Yeas; 0 Nays.
(43.) Consider Resolution No. 5220 authorizing the Mayor to
execute a third amendment to the Convention and Tourism
Service Agreement between Marketing, Entertainment, Travel,
Tourism and Sports, Inc. (METTS) and the City of Lubbock.
RESOLUTION NO.5220
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 Third Amendment to
Convention and Tourism Service Agreement, attached herewith, by and between the City
of Lubbock and Marketing, Entertainment, Travel, Tourism and Sports, Inc., and any
associated documents, which Agreement shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copies herein in detail.
394
City Council Minutes
July 11, 1996
Page 395
Passed by the City Council this 1 lth day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus
Carolyn Aliamus, Managing Director of
Culture and Leisure Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Third Amendment to Convention and Tourism Service Agreement is filed
with Resolution 5220.
Vicki Key, Civic Centers Manager, presented staff comments. As a
part of the consolidation and coordination of efforts, this
amendment will transfer certain functions now handled by Civic
Lubbock, Inc. to METTS. These functions include the fostering
and promotion of the presentation of wholesome, educational and
cultural programs, attractions, and entertainment for the people of
the city of Lubbock and surrounding area. With this amendment,
METTS will have the ability to sponsor and/or contract for such
programs, attractions and entertainment for presentation in the
Lubbock Memorial Civic Center and Municipal Auditorium -
Coliseum. Included in these programs will be the responsibility of
the Walk of Fame and Terrace inductions, providing for a local
grant program for events held in the Civic Center or Auditorium -
Coliseum, and the sponsorship and/or co-sponsorship of national
touring shows and productions.
Key provisions of the amendment are as follows:
The City will pay to METTS the sum of $70,000 per year to
carry out the responsibilities described above.
The financial arrangement will be reviewed and evaluated
annually by both parties.
Should a major reduction occur in the concessions revenues as a
result, for instance, of the loss of a primary tenant at either of
the facilities, this financial commitment is subject to revision.
395
City Council Minutes
July 11, 1996
Page 396
METTS will be responsible for all financial obligations and
costs associated with the presentation of their events and
programs. Any net income is to be appropriated and expended
for purposes as outlined in the amendment and described above.
The City also agrees to pay to METTS any additional profits
that are generated by the operation of the food concessions in
the Civic Center and Auditorium -Coliseum to further carry out
the responsibilities outlined in this amendment.
Additional profits will be considered any revenue in excess of
all costs associated with the operation of the concessions, 30
percent of the gross concession revenues that will be retained by
the City, any Select -a -Seat deficit, cost of maintaining the
interior and exterior planter program, and any capital
improvement program directly related to the delivery of these
services. The $70,000 payment to METTS will also be
deducted prior to computing additional profits.
METTS will pay the established rental rates for use of the Civic
Center and/or Auditorium -Coliseum.
Civic Center staff will administer these functions and associated
funds on behalf of METTS. Civic Center previously handled
these functions on behalf of Civic Lubbock, Inc.
The effective date of this amendment will be October 1, 1996.
Although Civic Lubbock, Inc. will no longer be responsible for the
above described functions or the food concession operation (this
function is being transferred to the City and will be handled by the
Civic Centers Department), Civic Lubbock, Inc. will continue to
handle the alcoholic beverage sales at both facilities. Profits from
these sales will be used towards public art programs. This requires
that their Articles of Incorporation and By -Laws be changed and
submitted to the IRS and Secretary of State for approval. This
process is estimated to take between 60-90 days.
To further coordinate marketing efforts, this amendment to the
Convention and Tourism Agreement will authorize METTS to
handle the sponsoring and co -sponsoring of educational and
cultural programs, attractions, and entertainment in the Civic
Center and Auditorium -Coliseum, previously handled by Civic
Lubbock, Inc. Civic Lubbock, Inc. will be restructured and will
handle the sale of alcohol in these facilities, with profits from these
sales going toward public art programs. This will require a change
in Civic Lubbock, Inc. Articles of Incorporation and By -Laws,
which must be approved by the IRS and Secretary of State. This
process is expected to take between 60-90 days.
Food concessions, previously handled by Civic Lubbock Inc., will
come in-house and become a function of the Civic Centers
Department. Funding for the programs administered by METTS
will be provided by the City in the amount of $70,000 per year.
These funds will come from the profits generated through the food
concessions. Civic Center staff, who have handled these functions
in the past, will continue to do so on behalf of the METTS Board.
QV
City Council Minutes
July 11, 1996
Page 397
Staff requests approval of this amendment to the Agreement
between METTS and the City of Lubbock, subject to the approval
of the Civic Lubbock, Inc. Articles of Incorporation and By -Laws
by the IRS and Secretary of State.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to authorize Resolution No. 5220 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(44.) Consider Ordinance No. 9920 amending Chapter 28 of the
Code of Ordinances of the City of Lubbock regarding
wastewater collection and treatment.
ORDINANCE NO. 9920
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
WASTEWATER COLLECTION AND TREATMENT; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Terry Ellerbrook, Managing Director of Water Utilities, presented
staff comments. Certain amendments to Lubbock's wastewater
code are necessary for Lubbock's Industrial Waste Monitoring and
Pretreatment program to be approved by the Environmental
Protection Agency. An approved program is required in order for
Lubbock to comply with its NPDES permit for wastewater
discharge. The NPDES permit is required for the emergency
stream discharge outfall pipeline which runs from the Southeast
Water Reclamation Plant to a point downstream of Ransom
Canyon.
The proposed amendments pertain to those sections of the Code
dealing with discharge regulations, permitting, and compliance.
Overall, the changes provide for slightly less stringent
requirements which are thus more favorable to industry and yet
provide adequate protection for the wastewater treatment facilities.
Specific pollutant limitations on a number of chemicals and
compounds have generally been increased. The amendments also
include certain provisions related to agreements for the discharge
of industrial wastes of unusual strength or character. Also,
provisions are established whereby the Director of Water Utilities
may establish a reasonable compliance schedule for industries that
are required to have a pretreatment program.
Because certain changes to the existing wastewater ordinance are
necessary for the City of Lubbock to comply with its NPDES
permit, staff recommended approval of this item.
Motion was made by Councilmember Hernandez, seconded by
Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9920
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(45.) Consider Ordinance No. 9921 amending Sections 18-4 and 18-
4.1, Chapter 18 of the Code of Ordinances of the City of
Lubbock relating to loudspeakers and amplifiers.
City Council Minutes
July 11, 1996
Page 398
ORDINANCE NO. 9921
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 18-4
THEREOF GOVERNING LOUDSPEAKERS AND AMPLIFIERS IN GENERAL AND
SECTION 18-4.1 GOVERNING MOBILE LOUDSPEAKERS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Betty Johnson, City Secretary, presented staff comments.
Currently, sections 18-4 and 18-4.1 of the Code of Ordinances
allow the city manager or the city manager's designated
representative to grant loudspeaker, amplifier, and mobile
loudspeaker permits to be used between the hours of 8:00 a.m. and
5:00 p.m. on Sunday through Thursday or 10:00 a.m. and 8:00
p.m. on Friday and Saturday when specific application
requirements are met. The application process includes a petition
containing verified signatures from nearby residents. Applications
for hours after 5:00 p.m. on Sunday through Thursday or after 8:00
p.m. on Friday and Saturday must be approved be the City
Council.
The amendment to the Code of Ordinances gives authority to the
city secretary to approve loudspeaker and amplifier permit
applications for all hours. The application process remains the
same, including a petition containing verified signatures from
nearby residents.
The staff recommended approval of this amendment to the Code of
Ordinances.
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Hernandez to pass on first reading Ordinance No.
9921 as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(46.) Consider one appointment to METTS (Marketing,
Entertainment, Tourism, Travel, Sports) Board of Directors.
Mitzi Jordan, the hotel/motel industry representative of the
METTS Board of Directors, has resigned from the Board. The
appointment of Ms. Jordan's replacement will be to fill her
unexpired term ending on October 1, 1997. Because METTS is a
legal entity, appointments must be discussed and action taken in
open session.
Motion was made by Councilmember Sitton, seconded by
Councilmember Neugebauer to appoint Danny Williams to the
METTS (Marketing, Entertainment, Tourism, Travel, Sports)
Board of Directors. Motion carried: 6 Yeas; 1 Nay--
Councilmember Ince.
( 8.) ORDINANCE NO. 9910--Zone Case #2773 (northwest corner
of I Ith Place and North Loop 289 and west of Frankford)--
Request of Kimley-Horn & 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.
9
City Council Minutes
July 11, 1996
Page 399
This item was continued until the Regular City Council Meeting on
August 8, 1996.
(49.) Consider Resolution No. 5221 appointing an Interim City
Secretary.
RESOLUTION NO. 5221
WHEREAS, the City Secretary of the City of Lubbock tendered her resignation to
the City Council to be effective on July 11, 1996; and
WHEREAS, the City Council accepted said resignation; and
WHEREAS, the City Council desires to appoint Harold Willard as Acting City
Secretary until a permanent replacement is appointed; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Harold Willard is hereby appointed to the position of Acting
City Secretary.
SECTION 2. THAT Harold Willard shall serve as Acting City Secretary until the
City Council appoints a new City Secretary for the City of Lubbock.
SECTION 3. THAT Harold Willard is hereby authorized to discharge all of the
duties and responsibilities of the office of City Secretary and to possess all of the
authority vested in said office until the City Council of the City of Lubbock appoints a
new Secretary.
Passed by the City Council this 11th day of July 1996.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
Anita Burgess, City Attorney, presented staff comments. This
resolution is to appoint an Acting City Secretary and to set forth
that this person is authorized to discharge all duties and
responsibilities of that office and has the authority vested in that
office during his or her tenure as Acting City Secretary.
399
City Council Minutes
July 11, 1996
Page 400
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Neugebauer to authorize Resolution No. 5221
appointing Harold Willard as Interim City Secretary. Motion
carried: 7 Yeas; 0 Nays.
(47.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation (Street/Drainage Engineering
Department and Water Utilities).
(48.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Secretary).
(50.) 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
Canadian River Municipal Water Authority
Citizens Traffic Commission
Committee for Women
Electric Utility Board
Human Relations Commission
Permit and License Appeals Board
Public Transit Advisory Board
Urban Design and Historic Preservation Commission
E11
City Council Minutes
July 11, 1996
Page 401
There being no further business to come before Council, motion was made by
Councilmember Hernandez, seconded by Councilmember Neugebauer to adjourn the
meeting at 8:09 p.m. Motion carried: 7 Yeas; 0 Nays.
ATTEST:
A" JA
Bet . Johnson, City Secretary
Read and approved this 1 Oth of March 1997.
ATTEST:
Betty . Johnson, City Secretary
DAVID R. GSTON, MAYOR
DAVID R. LA GSTON, MAYOR
401