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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/21/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 21,1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 21st day of November 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Mayor Pro Tem Cooke called the meeting to order at 10:36 A.M. ( 1.) The Invocation was given by Charles Carmen, Minister of Raintree Christian Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Presentation from the Ronald McDonald House recognizing City of Lubbock employees for their five-year participation in the Ronald McDonald House Meals Project. The Board of Directors for the Ronald McDonald House recognized the participation of City employees for serving over 100 meals for families temporarily residing at the facility. David Nelson, President of the Board, and Jean Curtsinger, Director, presented the award to the employees of the City of Lubbock. (4.) Presentation of Honorary Citizenship Certificates to Texas Tech University international students completing the English as a Second Language curriculum. Kathy Stevens, Coordinator for the English as a Second Language Program at Texas Tech University brings a group of international students to observe a City Council meeting and receive Honorary Citizenship Certificates on a yearly basis. There are 11 students from 8 foreign countries in this year's class. Mayor Pro Tem Cooke presented the Honorary Citizenship Certificates to these students. ( 5.) Presentation of an Honorary Citizenship Certificate to Didier Laurent for his outstanding contribution to Lubbock through the International Trade Center and Small Business Development Center. Pat L. Helton, of the International Trade Center and Small Business Development Center, requested that an Honorary Lubbock Citizenship be given to Mr. Didier Laurent for his City Council Minutes November 21, 1996 Page 676 contributions to Lubbock through his work at the International Trade Center. Although Mr. Laurent is paid for 20 hours, he voluntarily works an additional 10 or more hours per week. Much of the $15 million in products that the Center has helped export was the result of Mr. Laurent's market research. Mr. Helton indicated that Mr. Laurent has a talent for finding foreign markets for Lubbock area products. Mr. Laurent will graduate in December, Summa Cum Laude, with a Masters in Business Administration. Mayor Pro Tern Cooke presented Mr. Laurent with an honorary citizenship. (6.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the November 21, 1996, Regular City Council Meeting as written. Motion carried: 5 Yeas; 0 Nays. (7.) Ordinance No. 9935--ZONE CASE NO.2627-D (6205 W. 19th Street) --Request of Ray McKim III (for WWC Holding Company) for a zoning change from C-4 to C-4 Specific Use (for a radio transmission facility) on a tract out of Lot 2, Block 2, West End Place Addition. ORDINANCE NO. 9935 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2627-D; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT OUT OF LOT 2, BLOCK 2, WEST END PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9935 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (7A.) ORDINANCE NO. 9944--Canceling authority and approval for various traffic control signals in the downtown area of Lubbock and authorizing their removal. Signals are to be removed at the following locations: Avenue M and 13th Street, Avenue L and 14th Street, Avenue K and loth Street, Avenue J and loth Street, Texas Avenue and loth Street, Avenue H and 10th Street, Avenue Q and 16th Street. ORDINANCE NO.9944 AN ORDINANCE CANCELING AUTHORITY AND APPROVAL FOR VARIOUS TRAFFIC CONTROL SIGNALS IN THE DOWNTOWN AREA OF LUBBOCK AND AUTHORIZING THE REMOVAL OF SUCH TRAFFIC CONTROL SIGNALS AS OPERATIVE TRAFFIC CONTROL SIGNALS. MT61 City Council Minutes November 21, 1996 Page 677 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9944 as recommended by staff. Motion carried: Yeas; 0 Nays. (7B.) ORDINANCE NO. 9945--Authorizing a traffic -control signal be installed at the intersections of 19th Street and Avenue G, and 19th Street and Upland Avenue. ORDINANCE NO. 9945 AN ORDINANCE AUTHORIZING THE INSTALLATION OF NEW TRAFFIC CONTROL SIGNALS AT 19TH STREET AND AVENUE G AND AT 19TH STREET AND UPLAND AVENUE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9945 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 8.) Consider Ordinance No. 9947 abandoning and closing a portion of a right-of-way easement located in Section 2, Block J-S, Lubbock County (6202 4th Street). ORDINANCE NO. 9947 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT- OF-WAY EASEMENT LOCATED IN SECTION 2, BLOCK J-S, 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 OF REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a north -south 80-foot by 2640.00 foot right-of-way easement located in the Shadow Hills Addition which is north of 4th Street, halfway between Frankford Avenue and Milwaukee Avenue. This easement was dedicated in 1972 for a county road and is no longer needed. A new road is being dedicated in a new plat to replace this area being closed. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9947 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (9.) Consider Ordinance No. 9948 abandoning and closing a portion of a 30-foot right-of-way easement located in Section 25, Block A, Lubbock County (4500 Idalou Highway). 677 City Council Minutes November 21, 1996 Page 678 ORDINANCE NO.9948 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A RIGHT- OF-WAY EASEMENT LOCATED IN SECTION 25, BLOCK A, 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, Rip Griffin is in the process of platting a tract of land along the Idalou Highway east of Loop 289 and has asked that a piece of street area be closed. In 1964, a 30-foot wide strip of land was dedicated off the north side of this tract for Oberlin Street. According to the Engineering Department, this piece of street will never be used and can be closed. The total area being closed is 20,255.51 square feet and from land values in the adjoining area, the valuation of this street to be closed is 2.29 cents per square foot for a total value of $463.85 due the City. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9948 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) Consider Resolution No. 5348 authorizing the Mayor Pro Tem to execute an easement with Texas Instruments (Loop 289 and North University). RESOLUTION NO.5348 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 Easement for a water pump station across Grantor's property by and between the City of Lubbock and Texas Instruments, Inc. for one water pump station to be constructed, owned, operated and maintained by said City of Lubbock across said Grantor's property as described in the easement, 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. City Council Minutes November 21, 1996 Page 679 Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney According to staff memo, Texas Instruments (TI) has requested that the City increase their water pressure at this facility. To do this, the City will construct a water pump station for TI in the west right-of-way of University Avenue, north of their main entrance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5348 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) Consider Resolution No. 5349 authorizing acceptance of water and sanitary sewer improvements for Boardwalk Addition, Tract A, located at the southeast corner of 50th Street and Gary Avenue. RESOLUTION NO. 5349 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, BOARDWALK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Boardwalk 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 $6209.85, with the improvements constructed by Walton Construction having a value of $5859.85, as determined by the unit prices established by said Chapter 28, and $350.00 cash paid to the City, which amount includes $-0- cash for adjacent lines, with McDougal Properties, the developer, to receive a refund of $-0- 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-; and 679 City Council Minutes November 21, 1996 Page 680 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- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities "NA »:Z ] LTA a07_R�I[I]all U /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 $6,209.85 including value of construction costs of $5,859.85 and $350 cash paid to the City of Lubbock. The developer, McDougal Properties, will not receive a refund and there is no refund of deposit. This subdivision is located at the southeast corner of 50th Street and Gary Avenue. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5349 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ::H City Council Minutes November 21, 1996 Page 681 (12.) Consider Resolution No. 5350 authorizing acceptance of water and sanitary sewer improvements for Revier Farms, Lots 413- 515, located north of 19th Street and east of Milwaukee Avenue. RESOLUTION NO. 5350 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 413-515, Revier Farm Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 15th Street from the West property line of Lot 515, Revier Farm Addition, to the West lip line of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2037. 14th Street from the West property line of Lot 470, Revier Farm Addition, to the cul-de-sac West of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2037. 13th Street from 7.00 feet West of the West property line of the alley West of Juneau Avenue to the West lip line of Iola Avenue, known and designated as New Subdivision Sub Unit Number 69 of Unit Number 2037. The South half of 1 Ith Place from 7.00 feet West of the West property line of the alley West of Juneau Avenue to the Center line of Iola Avenue, known and designated as New Subdivision Sub Unit Number 70 of Unit Number 2037. Juneau Avenue from 7.00 feet South of the alley South of 15th Street to the South lip line of 15th Street, known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2037. Juneau Avenue from the North lip line of 15th Street to the South lip line of 14th Street, known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2037. Juneau Avenue from the North lip line of 13th Street to the end of the cul-de-sac North of 13th Street, known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2037. Ironton Avenue from the North lip line of 13th Street to the South lip line of 1 Ith Place, known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2037. The West half of Iola Avenue from 7.00 feet South of the alley South of 15th Street to the South end of radius of 1 Ith Place, known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been 681 City Council Minutes November 21, 1996 Page 682 constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $15,144.69 to the Contractor. 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 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 $151,898.29 including value of construction costs of $124,302.93 and $27,595.36 cash paid to the City of Lubbock. The developer, Rick Betenbough, will receive a refund of $23,937.54. There is no refund of deposit. This subdivision is located north of 19th Street and east of Milwaukee Avenue. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5350 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (13.) Consider Resolution No. 5351 authorizing the Mayor Pro Tern to execute an agreement for the transfer of treated wastewater for agricultural irrigation. 682 City Council Minutes November 21, 1996 Page 683 RESOLUTION NO. 5351 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 Regarding Treated Wastewater Effluent, attached herewith, by and between the City of Lubbock and Schuiler N. Jones. Jr., for the furnishing of treated wastewater by the City of Lubbock for agricultural purposes, 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 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, the City's wastewater permit (TNRCC Permit No. 10353-02) authorizes the City to dispose of treated effluent on approximately 6,000 acres of land, known as the Lubbock Land Application Site (LAS). Included in this permitted acreage is approximately 1,100 acres of land. In order for this privately -owned acreage to be included as land on which treated effluent may be legally applied, a written, long-term lease agreement with the land owners must be accomplished. On August 22, 1996, the City Council approved a resolution authorizing the Mayor to execute four separate agreements with neighboring farmers of the LAS for the transfer of treated wastewater for agricultural irrigation. Staff recommended approval of this item primarily as a means to postpone the expense of purchasing additional land for the LAS. The ten-year agreement with Mr. Schuiler N. Jones Jr., a farmer and owner of land adjacent to the City -owned farm land, would provide for 160 acres of privately -owned farm land available for 683 City Council Minutes November 21, 1996 Page 684 effluent disposal under the terms of the TNRCC permit. This acreage, plus the 940 acres provided for in the four effluent discharge agreements would provide for sufficient land to fulfill requirements of the TNRCC permit. The agreements with property owners thus serves to postpone the time that additional land would have to be purchased and permitted by the City of Lubbock. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5351 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (14.) Bid #13698--Repair of Rotating Elements for Boiler Feed Pump (Electric Production). BW/IP International, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (15.) Bid #13707--Lubbock Memorial Civic Center Fixtures, Furniture & Equipment (Culture & Leisure Services). Brueger International --Stack Chairs, Chair Trucks and Chair Dollys. Baker Office Products --Upholstered Furniture - Chair, Sofas, Conference Tables, Coffee & End Tables. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (16.) Bid #13709--Automobiles & Light Trucks (Fleet Services). Shamrock Chevrolet--7 Ea Intermediate Automobile, 4 Door Sedan per Spec 101; 4 Ea Intermediate Police Marked Unit per Spec 200; 3 Ea 2WD 4-Door Utility Vehicle per Spec 202; 2 Ea 4 x 4 Utility Vehicle per Spec 203; 9 Ea 1/2 Ton Step Side Pickup per Spec 304; 1 Ea 1/2 Ton 4 x 4 Step Side Pickup per Spec 305; Ea 3/4 Ton Cargo Van 4 x 4 per Spec 402; 2 Ea Long Wheelbase Pickup per Spec 308; 1 Ea 2-Door 3/4 Ton 4 x 4 Long Wheelbase Pickup per Spec 312. Gene Messer Ford--17 Ea Full Size Automobile, 4 Door Sedan per Spec 102; 34 Ea Police Marked Unit per Spec 201; 8 Ea 1/2 Ton Full Size Pickup per Spec 307; 1 Ea 3/4 Ton Long Wheelbase Cab & Chassis per Spec 315; 1 Ea 3/4 Ton Cargo Van per Spec 403; 1 Ea Twelve Passenger Van per Spec 404; 1 Ea 1/2 Ton 4 x 4 4-Door Utility Vehicle per Spec 409; 2 Ea 1 Ton Cab & Chassis Dual Wheels per Spec 512; 1 Ea Long Wheelbase Cab & Chassis per Spec 309. M City Council Minutes November 21, 1996 Page 685 Scoggin Dickey Chevrolet, Buick, Geo--5 Ea 1 Ton 4 x 4 Long Wheelbase Single Wheel Pickup per Spec 318; 4 Ea 1 Ton 4 x 4 Single Wheel Cab & Chassis per Spec 322; 1 Ea 1/2 Ton Suburban Type 4 x 4 per Spec 408; 1 Ea 3/4 Ton Suburban Type 4 x 4 per Spec 410; 2 Ea 1 Ton Crew Cab Pickup Dual Wheels per Spec 504. Motion was made by Councilmember Patterson, seconded by -- Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (17.) Bid 413718--Traffic Maintenance Building Addition, and authorize same (Building Services). RESOLUTION NO. 5352 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and All Texas Builders, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Traffic Maintenance Building Addition, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 21 st day of November 1996. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM 685 City Council Minutes November 21, 1996 Page 686 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 21 st day of November, 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 ALL TEXAS BUILDERS, INC. of the City of Lubbock, County of Lubbock 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 # 13718 - TRAFFIC MAINTENANCE BUILDING ADDITION - $56,951.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ /s/ Kaythie Darnell MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ G. Smith CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary ALL TEXAS BUILDDERS By: Tony Ratliff PRINTED NAME: Tony Ratliff TITLE: President COMPLETE ADDRESS: All Texas Builders, Inc. PO Box 3486 Lubbock, Texas 79452 .:. City Council Minutes November 21, 1996 Page 687 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5352 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (18.) Bid #13723--Discount Pricing for Haworth Office Systems (Building Services). DFI Contract Design, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (19.) Bid 913725--Mobile Data Terminals (Radio Shop). Motorola, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20.) Ordinance No. 9946--Abandoning and closing portions of a 20- foot underground utility easement and a drainage easement in Section 13, Block E-2 Lubbock County (8602 Boston Avenue). ORDINANCE NO. 9946 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN UNDERGROUND UTILITY EASEMENT AND A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 9946 as recommended by staff. Motion carried: 4 Yeas; 0 Nays--Councilmember Neugebauer excused and recused himself from any discussion and voting on this item. (21.) ZONE CASE NO.921-K (5225 Avenue Q)--Hold a public hearing to consider request of Lubbock Commercial Building (for Ted Rushing) for a zoning change from C-3 to C-4 limited to used vehicle sales and all permitted C-3 uses on a portion of land out of Lot B, Briercroft 2nd Addition, and to consider ordinance. reTM City Council Minutes November 21, 1996 Page 688 ORDINANCE NO.9949 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-K; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOT B, BRIERCROFT 2ND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:00 a.m. This request was for a zone change from C-3 to C-4. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 11:03 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Ted Rushing plans to lease the property as a used vehicle lot. The property has been used as a service station for many years. The request is to have one permitted use from the C-4 District (used vehicle sales) and to retain the existing C-3 permitted uses. The proponent owns the shopping center next door. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - both residential and commercial East - commercial West - commercial The proposal is consistent with both Comprehensive Land Use Plan and zoning policies. Avenue Q is a designated U.S. Highway and subject to requests for heavier zoning classifications. The request should have no effect on the thoroughfare system. No negative public reaction was expressed at the hearing. The Planning Commission recommended the request subject to one condition: Limited to used vehicle sales and all unconditionally permitted C-3 uses. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9949 with condition as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. (22.) ZONE CASE NO.2783 (4640 34th Street) --Hold a public hearing to consider request of Alamo Automotive Service for a zoning change from C-2 to C-4 for auto sales on Lot 8, Pounds Addition, and to consider ordinance. Mayor Pro Tern Cooke opened the public hearing at 11:06 a.m. Barry Joe Alcome appeared on behalf of Alamo Automotive Service to present this request for zone change from C-2 to C-4. Wayne Plowman appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 11:13 a.m. C:: City Council Minutes November 21, 1996 Page 689 Randy Henson, Senior Planner, presented staff comments. In a situation similar to the case on Avenue Q, 34th Street is experiencing requests for heavier commercial as are other older thoroughfare streets in Lubbock. When the requests are limited to some of the less intense C-4 uses, it has been the opinion of the staff that a natural progression is taking place. The request is for one C-4 use (used vehicle sales) and to retain the existing C-2 uses. In the past the City staff and Planning Commission have informally discussed moving some of the C-4 uses into C-3 as conditional uses, which still requires a ZBA hearing but opens up a greater range of locations for many businesses. No formal discussion has taken place. Mr. Henson gave the adjacent land use relationships as follows: North - apartments South - commercial East - commercial West - commercial On the day of the hearing, a letter was submitted by the Maedgen Area Neighborhood Association expressing concern for the cumulative effects of heavier zoning along 34th Street adjacent to their neighborhood. Mr. Landress, MANA Board Chairman, did not appear at the hearing due to a previous commitment. The request is similar to one approved last year about two blocks west on the south side of 34th Street. To the south of this parcel is an existing non -conforming C-4 automotive repair facility. The service station on the site is legal non -conforming. Prior to 1975, the automotive related businesses were permitted in the C-2 District. The single difference between this request and Zone Case 921-K with regard to the Comprehensive Land Use Plan is that 34th Street lacks the regional thoroughfare status of Avenue Q. 34th Street is a major street within the community. The staff expressed that, when limited to specific permitted uses from the C-4 District, no negative impact has been noticed on adjacent neighborhoods. But, several zone cases in the past have indicated some groups have a definite dislike of used vehicle lots. The Planning Commission recommended the request subject to one condition: Limited to used vehicle sales and all unconditionally permitted C-3 uses. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to continue this hearing until the next Regular City Council Meeting. Motion carried: 5 Yeas; 0 Nays. 689 City Council Minutes November 21, 1996 Page 690 (23.) ZONE CASE NO.2784 (512 E. 23rd Street) --Hold a public hearing to consider request of Dale Richardson (for Richardson's Development) for a zoning change from C-3 to C- 4 Specific Use (dance hall) on a portion of land out of the north 62.5 feet of Lot 17, Block 35, Wheelock Addition, and to consider ordinance. ORDINANCE NO.9950 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2784; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING AS A DANCE HALL FOR A PORTION OF LAND OUT OF THE NORTH 62.5 FEET OF LOT 17, BLOCK 35, WHEELOCK 2ND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 11:16 a.m. Dale Richardson appeared on behalf of Richardson's Development to present this request for zone change from C-3 to C-4 Specific Use. Louise Thomas, Margie Jefferson and Betty Sims appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 11:50 a.m. Randy Henson, Senior Planner, presented staff comments. What began as a discussion about the possibility of a restaurant with a liquor permit and a recreational facility evolved into the suggestion by staff that a Specific Use Permit for a dance hall be used to satisfy the intended use. The permitted use "dance hall" is the closest description available. As a dance hall, the building does not meet: Separation from residential zoned property, which is measured from the building wall to the adjacent residential district line. Separation in this case is about 100 feet versus the required 200 feet. The site plan indicates off site parking, which usually requires ZBA approval unless approved by a Specific Use Permit. The objective for the staff was that these and any other questions be addressed in a public forum. Mr. Henson gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial and residential As Specific Use, if the proposal meets the test with adjacent property owners, then the request is consistent with both Comprehensive Land Use Plan and zoning policies. The proposal should have little effect on the thoroughfare system. One adjacent resident expressed concerns about the parking lot and an alcoholic beverage permit. She lives next to the parking lot. The proponent offered two of the conditions approved by the Commission. The security related condition was proposed by the Commission and agreed by the proponent. 02 City Council Minutes November 21, 1996 Page 691 The Planning Commission recommended the request subject to the following conditions: No Alcoholic Beverage Permit shall be obtained at this building. South property line of the parking lot shall be fenced, stepped down toward the street. Adequate security will be provided for all BYO functions. This zoning will not allow the sale of alcoholic beverages; however, it would permit, at the operator's discretion, BYO dances where alcohol is on the premises. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 9950 with conditions as recommended by P&Z and City staff. Motion carried: 4 Yeas; 1 Nay--Councilmember Hernandez. (24.) ZONE CASE NO.2785 (south of 98th and east of Avenue U)-- Hold a public hearing to consider request of Harold Zapata (for Texico Conference Association of Seventh Day Adventist) for a zoning change from T to A-2 limited to church and church related uses on nine acres of land out of Section 10, Block E-2, and to consider ordinance. ORDINANCE NO.9951 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2785; A ZONING CHANGE FROM T TO A-2 ZONING ON NINE ACRES OF LAND OUT OF SECTION 10, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Cooke opened the public hearing at 12:00 Noon. Harold Zapata appeared on behalf of Texico Conference Association of Seventh Day Adventist to present this request for zone change from T to A-2. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 12:02 p.m. Randy Henson, Senior Planner, presented staff comments. The request is for church and church related uses. Mr. Henson gave the adjacent land use relationships as follows: North - single family South - agricultural East - agricultural West - agricultural The Comprehensive Land Use Plan suggests that church development be on the perimeter of neighborhoods, adjacent to major thoroughfares. This location meets that description. The 691 City Council Minutes November 21, 1996 Page 692 proposal meets zoning policies and should have little or no effect on the thoroughfare system. The Planning Commission recommended the request subject to one condition: The use shall be limited to church and church related uses. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9951 with condition as recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. (25.) Hold a public hearing to consider the request of Benson- McCowan and Company for an Oil Drilling Permit on a tract located approximately 1320 feet south of East Kent and 2330 feet east of Martin Luther King Boulevard in Section 8, Block A, Lubbock County, Texas. Designation of well is Ashby #3. Mayor Pro Tem Cooke opened the public hearing at 12:03 a.m. There being no opposition Mayor Pro Tern Cooke closed the hearing at 12:05 a.m. (26.) Consider approval of an Oil Drilling Permit for Ashby #3. On October 18, 1996, the Planning Department received an application for a permit to drill the above described well. The storage site is proposed at an existing tank battery north of the proposed well site. The application is in order. The production unit contains 40 acres. Benson -McGowan 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 East Kent 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. 692 City Council Minutes November 21, 1996 Page 693 The permittee shall require that a first series of casing be set when drilling reaches a depth of 500f feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. The first, and if used, the second series of casing of the well shall be in 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 McCowan for Ashby #3. Staff recommended approval of the permit with the conditions outlined above. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to approve an oil drilling permit for Ashby #3 with conditions as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (27.) Hold a public hearing to commence a public needs assessment for requested renewal of a cable television franchise held by Cox Cable. Mayor Pro Tern Cooke opened the public hearing at 12:09 p.m. Marcie Johnston, Dwayne Kemp and Maria Solis appeared on behalf of Cox Cable. No one appeared in opposition. Mayor Pro Tem Cooke closed the hearing at 12:20 p.m. Cox Cable has requested to renew their franchise. The Cable Act of 1992 requires a Community Needs Assessment be performed to determine what the community sees as necessary cable television services. In order to meet this requirement, staff scheduled this public hearing to gather input from interested citizens. Staff intend to solicit input from individuals and organizations involved in education, public safety, health care and others. Staff recommended that this public hearing be continued until a later date. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to continue this public hearing until a later date. Motion carried: 5 Yeas; 0 Nays. (28.) Consider a resolution authorizing establishing a Special Events Policy and creating a Special Events Review Committee. This item was deleted from the agenda. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to continue this item until a later date. Motion carried: 5 Yeas; 0 Nays. 693 City Council Minutes November 21, 1996 Page 694 (29.) Consider Resolution No. 5353 giving Notice of Intent to enter into a tax abatement agreement with State National Bank of West Texas. RESOLUTION NO. 5353 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with State National Bank of West Texas; and WHEREAS, V.T.C.A. Tax Code, Section 312.2041 requires notice of the intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with State National Bank of West Texas, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in the City of Lubbock, Lubbock County, Texas, and further described as follows: 1624 LOTH STREET LOT 2, BLOCK 6, MEMORIAL CENTER ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Cheryl Brock Cheryl Brock, Business Development APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Cheryl Brock, Business Research Specialist, presented staff comments. Staff received a request from State National Bank of West Texas for commercial tax abatement in the North Enterprise Zone. State National Bank has bought an existing facility at 1624 10th Street, and plans to renovate the building into a banking facility. 694 %-ALY %-VUJL;11 MIIIULVJ November 21, 1996 Page 695 State National Bank of West Texas plans to invest over $1 million in the renovations of the existing facility. The breakdown will be $750,000 for the renovations of the existing structure, the remaining $300,000 for equipment and furnishings. The annual amount of tax abatement will be $5,859. The total amount of tax abatement over the life of the contract would be approximately $35,154.. The total present value of the existing structure and real property is $313,137. The total tax collections on the existing structure is approximately $7,370 annually. State National Bank began operations October 1, 1996, in a temporary facility with 16 employees. The have committed to creating 10 more new jobs within twelve months. The project will add $1 million in new value to the tax base in the North Enterprise Zone and will result in the employment of 26 persons. Under the current commercial guidelines, State National Bank of West Texas is eligible and meets all the requirements for six years, 100 percent tax abatement. Staff recommended approval of the tax abatement for a period of six years. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to authorize Resolution No. 5353 as recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tern Cooke excused and recused himself from any discussion and voting on this item. (30.) Consider Resolution No. 5354 giving Notice of Intent to enter into a tax abatement agreement with Avenue H Properties, Ltd. RESOLUTION NO..5354 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Avenue H Properties, LTD; and WHEREAS, V.T.C.A. Tax Code, Section 312.2041 requires notice of the intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Avenue H Properties, LTD., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in the City of Lubbock, Lubbock County, Texas, and further described as follows: 1802 AVENUE H ORIGINAL TOWN LUBBOCK BLOCK 230, LOTS 23-24 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS 695 City Council Minutes November 21, 1996 Page 696 Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Cheryl Brock Cheryl Brock, Business Development APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Cheryl Brock, Business Research Specialist, presented staff comments. Staff received a request from Avenue H Properties, Ltd for commercial tax abatement in the North Enterprise Zone. Avenue H Properties plan to renovate an existing building located at 1802 Avenue H into a 1930's Spanish Renaissance Revival Architectural Drugstore. This building is located in the Depot District. Avenue H Properties plans to invest $135,000 in the renovations of the existing facility. The breakdown will be $100,000 for the renovations of the existing structure, the remaining $35,000 for equipment and furnishings. The annual amount of tax abatement will be $790.97. The total amount of tax abatement over the life of the contract would be approximately $3,955. The total present value of the existing structure and real property is $25,253. The total tax collections on the existing structure is approximately $560 annually. Avenue H Properties has committed to create 20 new jobs with this new business within twelve months. The project will add $135,000 in new value to the tax base in the North Enterprise Zone and will result in the employment of 20 persons. Under the current commercial guidelines, Avenue H Properties is eligible and meets all the requirements for five years, 100 percent tax abatement. Staff recommended approval of the tax abatement for a period of five years. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5354 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. City Council Minutes November 21, 1996 Page 697 (31.) Consider Resolution No. 5355 accepting resignation from Windy Sitton, Councilmember District #3. RESOLUTION NO. 5355 WHEREAS, Windy Sitton has submitted her resignation as City Council Representative from District 3 of the City of Lubbock; and WHEREAS, during her tenure as City Councilwoman, Windy Sitton has distinguished herself as a leader in the community and in City government by virtue of her tireless efforts, her dedication, and her commitment to excellence; and WHEREAS, the City of Lubbock has benefited and will sincerely miss her stewardship and advocacy for the betterment of the community; NOW, THEREFORE, the City Council does, with deepest regrets, hereby accept the resignation of Councilwoman Windy Sitton and, in so doing, bids farewell to a fine leader, colleague, and friend. Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney On November 14, 1996, Councilwoman Windy Sitton presented her letter of resignation to the City Secretary's Office. This resolution by the City Council formally accepts that resignation. The resolution reflects an appreciation of Windy Sitton's commitment and efforts in the community during her tenure as Councilmember, and states that it is with regret that the City Council accepts the resignation of their colleague and friend. Staff recommended approval of this resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution No. 5355 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 697 City Council Minutes November 21, 1996 Page 698 (32.) Consider Resolution No. 5356 ordering a Special Election for January 18, 1997, to fill a vacancy in the Office of City Council District #3. RESOLUTION NO. 5356 WHEREAS, the resignation of Councilmember Windy Sitton on November 14, 1996, has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the City Charter of the City of Lubbock requires such vacancy to be filled by a special election called for such purpose; and WHEREAS, the next available election date complying with the requirements of the City Charter and Sections 41.001, 41.003 and 201.052 of the Election Code is January 18, 1997; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor pro tempore of the City of Lubbock is hereby authorized and directed to execute an appropriate Order and Notice of Special Election for January 18, 1997, to fill the vacancy in the position of Councilmember, District 3. Passed by the City Council this 21 st day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This item is required by the resignation of Councilmember Windy Sitton. An election to fill the vacancy must be ordered as soon as possible after the resignation (EC 201.051) and the election shall be held at the first authorized uniform election date occurring on or after the 30th day after the election is ordered (EC 201.052) An Amendment to the Order and Notice of Special Election will be prepared. Staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution No. 5356 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (33.) Consider Ordinance No. 9952 amending Section 8-4 of the Code of Ordinances to establish two new voting precincts as a result of annexation. 698 City Council Minutes November 21, 1996 Page 699 ORDINANCE NO. 9952 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY LAW DUE TO ANNEXATION OF NEW TERRITORY INTO THE CITY OF LUBBOCK; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lubbock received notification on November 11, 1996, that the U.S. Department Justice interposed no objection to the annexation of two parcels of land adjacent to southwest Lubbock by Ordinance No. 9933 enacted on August 22, 1996; and WHEREAS, such annexation requires that the newly annexed territory be incorporated into the City of Lubbock's voting precincts and voting districts; and WHEREAS, Section 276.006 of the Election Code states that any change to election district boundaries shall not be effective until five (5) months from the date of final approval of the change; and WHEREAS, the January 18, 1997, special election will fall within such time period, this ordinance shall not be effective for such election and shall not become effective until five (5) months from the date of passage upon second reading; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT subsection 8-4(a) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows with regard to the following named voting precincts: Voting Precinct No. 55. Beginning at the intersection of 82nd Street and Slide Road; thence south along Slide Road to a point 660 feet south of the centerline of 98th Street, thence west along a line parallel to and 660 feet south of the centerline of 98th street to its intersection with Frankford Avenue, thence north along Frankford Avenue to its intersection with 82nd Street, thence east along 82nd Street to the point of beginning. The voting place shall be Smith Elementary School. Voting Precinct No. 66. Beginning at the intersection of Slide Road and 82nd Street; thence east along 82nd Street to its intersection with Quaker Avenue, thence south along Quaker Avenue to a point 2640 feet north of the intersection of the centerlines of 114th Street and Quaker Avenue, thence west along a line parallel to and 2640 feet north of the centerline of 114th Street 660 feet to a point 660 feet west and 2640 feet north of the intersection of the centerlines of 114th Street and Quaker Avenue, thence north along a line parallel to 4620 feet east of the centerline of Slide Road to a point 4620 feet north and 660 feet west of the intersection of the centerlines of 114th Street and Quaker Avenue, thence west along a line parallel to and 4620 feet north of the centerline of 114th Street to its intersection with Slide Road, thence north along Slide Road to the point of beginning. The voting place shall be Wayland Baptist University. City Council Minutes November 21, 1996 Page 700 Voting Precinct No. 78. Beginning at the intersection of 82nd Street and Frankford Avenue; thence south along Frankford Avenue to a point 660 feet south the centerline of 98th Street, thence west along a line parallel to and 660 feet south of the centerline of 98th Street to a point 660 feet south and 660 feet west of the intersection of the centerlines of 98th Street and Milwaukee Avenue; thence north along a line parallel to and 660 feet west of the centerline of Milwaukee Avenue to its intersection with 82nd Street, thence east along 82nd to the point of beginning. The voting place shall be Smith Elementary School. SECTION 2. THAT subsection 8-4(a) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding the following named voting precincts thereto: Voting Precinct No. 105. Beginning at a point in the present City Limits , as established by City of Lubbock Ordinance No. 7504, said point being 660 feet south and 55 feet east of the northwest corner of Section 25, Block E-2 of Lubbock County, Texas; thence West along a line parallel to and 660 feet south of the north section lines of Section 25 Block E- 2 and Section 21 Block AK approximately 2695 feet to a point 660 feet south of the northwest corner of the northeast quarter of Section 21 block AK of Lubbock County; thence South along a line parallel to and 2640 feet west of the east section line of Section 21 Block AK approximately 1980 feet to a point, the southwest corner of the northeast quarter of Section 21 Block AK of Lubbock County; thence East along a line parallel to and 2640 feet south of the north section lines of Section 21 Block A-K and Section 25 Block E-2 approximately 2695 feet to a point 55 feet east and 1980 feet south of the northwest corner of Section 25, Block E-2 of Lubbock County; thence North approximately 1980 feet to the point of beginning. The voting place shall be as designated in an appropriate election order. Voting Precinct No. 106. Beginning at a point in the present City Limits , as established by City of Lubbock Ordinance No. 7504, said point being 660 feet south and 660 feet west of the northeast corner of Section 16, Block E-2 of Lubbock County, Texas; thence West along a line parallel to and 660 feet south of the north section lines of Section 16 Block E- Section 25 Block E-2 approximately 4675 feet to a point 660 feet south and 55 feet west of the northeast corner of Section 25 Block E-2 of Lubbock County; thence South along a line parallel to and 55 feet west of the east section line of Section 25 Block E-2 approximately 1980 feet to a point, 55 feet east of the southeast corner of the northeast quarter of Section 25 Block E-2 of Lubbock County; thence East along a line parallel to and 2640 feet south of the north section lines of Section 25 Block E-2 and Section 16 Block E-2 approximately 4675 feet to a point 660 feet west and 2640 feet south of the northeast corner of Section 16, Block E-2 of Lubbock County; thence North approximately 1980 feet to the point of beginning. The voting place shall be as designated in an appropriate election order. SECTION 3. THAT subsection 8-4(b) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to amend the description of Voting District No. 5 to read as follows: Voting District No. 5. Precinct Nos. 27, 53, 55, 57, 62, 66, 73, 78, 96, 105 and 106. SECTION 4. THAT subsection 8-4(c) of the Code of ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (c) The voting districts, voting precincts and voting places set out in this section are hereby delineated on the map denominated "City of Lubbock 700 City Council Minutes November 21, 1996 Page 701 Voting Precincts/Districts, effective May 12, 1997/Official Map." A copy of said map is attached and made a part of this section as if fully copied herein in detail. A copy of the original of such map shall be kept in the office of the City Secretary and shall be available for public inspection, and at each special and general city election, a true copy of said map shall be furnished by the City Secretary to each of the presiding judges of the voting precincts for such special or general city election. SECTION 5. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the City Secretary is hereby authorized and directed to cause publication of this Ordinance in its entirety following final passage by the City Council. SECTION 7. THAT this Ordinance shall not be effective for any election conducted by the City of Lubbock for five (5) months following final passage by the City Council upon second reading in accordance with Section 276.006 of the Election Code. Due to the recent approval from the Justice Department on November 11, 1996, of the City's annexation of two tracts of land adjoining southwest Lubbock, on August 22, 1996, the City will need to establish two new voting precincts. Although there are no residences on either one of these tracts, the City must still incorporate the new territory into the City's voting precincts and districts. The precincts will be numbered 105 and 106 as agreed upon with Lubbock County. Staff recommended approval of this ordinance. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9952 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 37.) Confirm reappointment of Betty Carr and Garry Kelly to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to reappoint Betty Carr and Garry Kelly to the Urban Design and Historic Preservation Commission. Motion carried: 5 Yeas; 0 Nays. The City Council recessed into executive session at 1:00 p.m. (34.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney, City Manager and City Secretary). (35.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: 701 City Council Minutes November 21, 1996 Page 702 Appointments Advisory Board Board of Electrical Examiners Board of Health Building Board of Appeals Human Relations Commission Lubbock Arts Alliance Grants Review Committee Lubbock Housing Finance Corporation Lubbock Libraries Board Planning and Zoning Commission Structural Standards Commission Urban Design & Historic Preservation Commission The City Council reconvened at 1:43 p.m. There being no further business to come before Council, it was the consensus of Council to adjourn the meeting at 1:45 p.m. COOKE, MAYOR PRO TEM TTEST: 11, City Secretary Read and approved this 1 Oth of March 1997. ALEX " TYT COOKE, MAYOR PRO TEM ATTEST: /buA Kay-tj Darnell, City Secretary 702