HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 12, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 12th
day of December, 2002, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary O. Boren; Council
Member Alex "Ty" Cooke, Council Member Tom Martin, Council
Member Frank W. Morrison
Absent: Council Members Hernandez and Patterson
CITIZEN COMMENTS
One citizen expressed comments to the Council.
Carl Bagwell, 2601 — 24`h Street, informed Council he had a letter
concerning his property.
EXECUTIVE SESSION
Mayor McDougal stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager; City Secretary;
Managing Directors); to deliberate, vote and take final action on electric
rates of Lubbock Power and Light; to discuss and deliberate a competitive
matter regarding the strategies, goals, funding and strategic purpose of the
City of Lubbock's relationship with and membership in the West Texas
Municipal Power Agency (Electric Utilities); pending or contemplated
litigation (Business & Neighborhood Development; Fire Department;
Water Utilities); personnel matters regarding duties, responsibilities,
and/or appointments (Boards and Commissions); to deliberate the
purchase, exchange, lease, or value of real property (Parks Department;
Water Utilities); and to deliberate the deployment, or specific occasions
for implementation of security personnel or devices at the City of Lubbock
Municipal Buildings (Facilities Management).
7:36 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present.
( 1.) 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; City Secretary; Managing Directors).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates
of Lubbock Power and Light;
to discuss and deliberate a competitive matter
regarding the strategies, goals, funding and strategic
purpose of the City of Lubbock's relationship with and
membership in the West Texas Municipal Power
Agency.
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Business & Neighborhood Development; Fire Department;
Water Utilities).
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December 12, 2002
Page 478
(4.) 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:
Citizens Advisory Committee & Subcommittees
Board of Health
Central Business District Tax Increment Financing
Reinvestment Zone
Community Development & Services Board
Community Relations Commission
Libraries Board
Permit & License Appeal Board
Youth Commission —Students
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Parks Department; Water Utilities).
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.076, to deliberate the deployment, or specific
occasions for implementation of security personnel or devices at the
City of Lubbock Municipal Buildings (Facilities Management).
9:48 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All Council Members were present except Council Member
Patterson.
(7.) Discuss City Council meeting and work session dates for January
through June 2003. (10 minutes)
Council has indicated a desire to spend more time in work session and
policy discussions. Toward that end, they have directed staff to plan on a
third monthly meeting, which will be devoted solely to those items.
Council has requested to designate proposed dates for the meetings that
will take place January -June 2003.
After discussion, Council indicated that they would like to try a process,
which will enable the elimination of work sessions from their meetings,
which take place on the 2nd and 4th Thursdays of each month.
Consequently, only executive sessions and formal agenda items would be
held on those days barring unforeseen circumstances.
The Council will consider work session/policy issues at meetings, which
will begin at 9 a.m. on the Wednesday immediately preceding the first
formal Council meeting of the month. The first such meeting will take
place on January 8, 2003. These meetings will be held through the month
of June, at which time Council will determine whether these meetings
should be continued.
(8.) Discuss City Treasurer position.
This item was deleted.
(9.) Report from Lake Alan Henry Working Group on Lake Issues.
Council Member Gary Boren; Council Member Tom Martin;
Richard Burdine, Assistant City Manager (45 minutes)
The Lake Alan Henry (LAH) Working Group, represented by Council
Member Gary Boren, Council Member Tom Martin and Assistant City
Manager Richard Burdine reported on the group's progress in addressing
lake issues. Topics discussed included:
1) the status of a pending Request for Qualifications from private
firms to provide architectural/engineering services to the City for
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December 12, 2002
Page 479
LAH facilities, campgrounds, parking lot expansion and an RV
dump station at the Samuel W. Wahl Recreational Area, including
design guidelines for all City improvements built there;
2) the status of law enforcement coordination between the Lubbock
Police Department and the Garza County constables at LAH;
3) the City's ongoing relationship for with the Brazos River Authority
for LAH engineering services; and,
4) a draft fee structure to fund improvements.
The next item was Item 11.
(10.) Presentation of a recommendation made by the Community
Development Services Board (CDSB) regarding policy changes for the
2003-04 allocation, including targeting, public service,
foreclosure/forgiveness, and return of investment; and a review of
Community Development's loan portfolio. Nancy Haney, Community
Development Director (20 minutes)
This item was considered after regular agenda and following Item
62.
The CDSB met on Wednesday, October 9 to discuss Community
Development policy issues. The first issue was targeting.
The current targeting method of funding allocations focuses on five
corridors that run through the CDBG eligible area. The targeted area
included each of the corridors and one block to either side of the road.
These areas are as follows:
1. North University —from Clovis Road north to Loop 289.
2. Clovis Road —from Avenue Q west to Indiana Avenue.
3. Buddy Holly Avenue —from 19`h Street north to Interstate 27.
4. Interstate 27—from 34'h Street north to Regis.
5. MLK Boulevard ---from 50`h Street north to Regis.
The area north of Clovis Road was expanded earlier to include three
blocks out from the corridor. This action was taken because a great deal
of the property one block north of Clovis Road is actually zoned for
manufacturing. This limited the number of households that could be
assisted in the area.
The CDSB recommended no changes at this time.
The next issue was the Public Service Policy.
Through the direction of previous Councils, CD has utilized a policy that
has limited the duration of CDBG funding for any public service agency to
no more than four consecutive years. The funds are also given based upon
a decreasing percentage of program costs.
• First Year Funding:
• Second Year Funding
• Third Year Funding:
• Fourth Year Funding:
• Fifth Year Funding:
75% of program costs
55% of First Year Funding
35% of First Year Funds
15% of First Year Funds
None
Sub recipients must be able to demonstrate that their level of service will
be maintained as CD funding decreases. This encourages agencies to seek
other sources of funding for their programs. By limiting the number of
years that an agency can receive assistance, the policy also encourages the
funding of new programs and agencies.
During past funding cycles, CDSB members have discussed the need to
set aside a certain amount of the CDBG allocation to fund childcare
programs. Childcare is viewed as a high priority category in that it allows
for the care of the child while the parent is working. In many cases, the
Me
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December 12, 2002
Page 480
parent would be unable to seek employment because of the expense of
childcare.
The CDSB is proposing a policy change that would allow 20% of the
CDBG public service funds to be set -aside for childcare purposes. If there
are not enough qualified applicants for this type of program, the public
service policy will be waived. This will give the Board the flexibility to
fund sub recipients at a higher rate that may be nearing the end of their
four-year funding cycle. This will ensure that 20% of the public service
funds will go to child care. In this case, child care will be defined as any
provider that meets the requirements to be certified by the South Plains
Child Care Management Services (CCMS).
The third policy discussion centered around default loans.
Through the direction of previous Councils, Community Development has
undertaken the option of foreclosure to settle accounts. The Housing
Programs do require a payback. The amount of the payback is dependent
upon the program used and the income of the household.
Foreclosure has been considered to be the final option when all other
collection efforts have failed to generate payments. Before this step is
taken, staff works diligently with the borrower to work out a payment
schedule to resolve the delinquency. The members of the CDSB and staff
feel that foreclosure is a necessary tool in the collection process.
There are occasions where a borrower encounters a situation that may
hinder or eliminate his/her ability to repay the loan. This situation could
arise through a death in the family, injury or illness causing a disability, or
other problems that are out of the borrower's control. There are two
options to handle this type of situation. First, CD could simply forgive the
remaining debt. This would give the borrower a clear title on the
residence. Another option would be to defer the debt until the home is
placed for sale. This would guarantee that CD would eventually be
reimbursed for the loan through the sale proceeds.
The members of the CDSB are interested in continuing the policy of
foreclosure for uncollectible debt. With the approval of City Council, the
CDSB would also like to have CD staff prepare a proposed policy to deal
with the issues of Forgiveness and Deferment.
The last policy discussed was Return of Investment.
The Return of Investment Policy requires an agency to pay back some
portion of the funds allocated toward a specific project. This allows for a
continuing inflow of funds even if the federal government decreases the
annual allocation to the City. The City recognizes two types of entities
that will be providing services that will be required to follow this policy.
For -Profit Organizations:
In order to receive Community Development dollars, a for profit
organization must demonstrate that the proposed project provides a
community benefit by meeting an identifiable community need. If
CD dollars are awarded, the award will be in the form of a low
interest loan. The organization will be expected to pay back 100%
of the funding with terms to be negotiated at the time of the
contract.
Not -For -Profit Organizations:
In order to evergreen federal funds, as well as to encourage the
work performed by not -for -profit organizations, these groups will
be required to pay back 25% of the total grant funding expended.
The agency must repay the amount within a ten-year time period.
No interest will be assessed on this loan.
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December 12, 2002
Page 481
Members of the CDSB view this policy as a positive to the entire
allocation process. The Board suggests that there be no change to
the Return of Investment Policy.
Community Development brings these policies to the Council for review
on an annual basis. Council can vote on these policies at the Public
Hearing during reallocation.
Nancy Haney, Manager, Community Development, gave staff comments.
She requested direction from Council. A public hearing for reallocation
will be in January. Ms. Haney asked if Council would like to make the
changes as recommended by the Board. If so, these would be added to the
public hearing. Council agreed that this should be done.
10:50 A. M. WORK SESSION RECESSED
10:58 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez,
Council Member Gary O. Boren, Council Member Alex "Ty"
Cooke, Council Member Tom Martin, Council Member Frank W.
Morrison, Bob Cass, City Manager; Don Vandiver, First Assistant
City Attorney; and Rebecca Garza, City Secretary
Absent: Council Member Patterson
Mayor McDougal called the meeting to order at 10:58 A. M.
(11.) Pastor Carl Tod, Senior Pastor, Trinity Church gave the invocation.
(12.) Gabriela Hernandez, daughter of Mayor Pro Tern Hernandez and a
student at Ramirez Elementary School, led those in the City Council
Chambers in the Pledge of Allegiance to the United States flag.
Marisol Aguero, also a student at Ramirez Elementary School, led
those in the City Council Chambers in the Pledge to the Texas flag.
(13.) The sixth grade class from Ramirez Elementary School attended the
City Council meeting to perform three Christmas Songs.
The sixth grade class from Ramirez Elementary School visited City Hall
during the December 12 Council meeting and performed three Christmas
Songs. The students prepared for this event for about a month and sang
"Christmas a time for Sharing", "On Christmas Day", and "Winter
Fantasy". The class will also perform their songs during the Hutchinson
Junior High School and Cavazos Junior High School Choir Concerts.
BOARD APPOINTMENTS RECOGNITION
Board of Electrical Examiners
Receiving: Bobby Little
Building Board of Appeals
Receiving: Bruce Thornton
Culture & Arts Commission
Receiving: Mary Crites (unable to attend)
Planning & Zoning Commission
Receiving: Jerry Bell
Structural Standards Commission
Receiving: Margaret Aguilar (unable to attend)
Bill Cantrell
Mary Trevino
Youth Commission —Adults
Receiving: David Pruett
Regular City Council Meeting
December 12, 2002
Page 482
West Texas Municipal Power Agency
Receiving: Randy Andrews (unable to attend)
CITIZEN APPEARANCES
(14.) Presentation of a Special Recognition and a bronze nameplate
recognizing Maggie Trejo, former Lubbock City Council Member
and Mayor Pro Tem.
Former City Council Member Maggie Trejo was elected in 1984 as the
first member representing District 1 after the courts approved single -
member districts. Maggie was the first Hispanic, man or woman, to be
elected to the City Council. She was reelected in 1986 and 1990 and was
Mayor Pro Tem from 1992 until she left the Council in June of 1993.
During her time on the Council, Maggie was involved in many important
projects including Lake Alan Henry, the Marsha Sharp (East/West)
Freeway, the widening of Indiana Avenue and 4th Street, the Ground
Water Mediation program, the rehab and new construction of wastewater
facilities, and renovations at the Lubbock International Airport. While
serving on Council, Maggie also represented Lubbock through her
involvement in the National League of Cities and the Texas Municipal
League.
Ms. Trejo was the first Hispanic to hold the title of Mayor Pro Tem, and
during her tenure, she never received a brass nameplate. To rectify this,
Ms. Trejo was presented with a special recognition and a bronze
nameplate recognizing her as a former Lubbock City Council Member and
Mayor Pro Tem.
(15.) Presentation of incentive awards — two Cost Savings Suggestion
awards.
The Cost Savings Suggestion program awards employees who find
innovative ways to save the City money, avoid costs or improve
productivity. The Cost Savings Suggestion Program has earned almost a
70% "return on investment" over the past seven years. By paying
incentive checks amounting to $21,970 for 27 verified, cost -saving
innovations, the City has profited from almost $500,000 in cost reductions
and avoidances, and 65 employees have received incentive checks. Ten
percent of verified, first -year savings or a cash award for productivity
improvement without verified savings is paid to employees.
When the video camera at the Water Reclamation plant needed to be
relocated for security, the only quote came from a contractor unwilling to
work in a harsh work environment with construction obstacles. Two
employees devised a plan to complete the project themselves. In the
process, they had to train themselves about video camera installation in
order to mount the camera with minimal problems. The work was
accomplished after regular work hours saving the Water Reclamation
budget $15,787.
Terry McCreary and Scott Wright earned 10% of that savings. They were
unable to attend to receive a check for $1,587.35 to be presented by City
Manager Bob Cass for their initiative and cost saving endeavors.
Water Utilities has leased telephone circuits to control and monitor critical
remote pumping stations, lift stations and valve stations. Circuit failures
involved loss of communication, water pressure fluctuations and personnel
overtime. When the Electrical Equipment group learned of the plan to
expand the SCADA system to Bailey County, they suggested that all local
pumping stations and remote locations be included and that radio
transceivers be installed. By converting to a wireless communication
system and doing much of the upgrade work themselves, the Electrical
Equipment group avoided almost $200,000 in costs. The actual, verified
first -year savings for the conversion to a radio system and eliminating
telephone circuits is $41,183.21 and the Electrical Equipment crew shares
an incentive check for $4,118.32.
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December 12, 2002
Page 483
Crewmembers Curtis McDole, Scott Selby, Bill Kamp, Rich Ehrlich,
Danny Dorcas and Jack Veazey were unable to attend to receive a check
for $4,118.32 to be presented by City Manager Bob Cass for their
initiative and cost saving endeavors.
CONSENT AGENDA (Nos. 16-41)
Motion was made by Council Member Cooke, seconded by Council
Member Martin to approve Items 16-41 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(16.) Approval of Minutes: November 14, 2002
Regular City Council Meeting
November 21, 2002
Regular City Council Meeting
(17.) Ordinance #2001-00059—Abandoning and closing a portion of an
alley located in the Drive In Addition to the City of Lubbock (5710
I-27).
ORDINANCE NO. 2001-00059
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN
ALLEY LOCATED IN THE DRIVE IN SUBDIVISION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance was read as a routine consent agenda item at the July 12,
2001 City Council meeting. After numerous setbacks, the final plat is
ready to be filed.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(18.) Ordinance #2002-00126—ZONE CASE NO. 2953 (3505-3509 22nd
Place): Request of Hemmo & Karen Bosscher for a zoning change
from R-1 to AM on Lot 2, Lot 3, and Lot 4, Block 1, Raymond Painter
Addition (second and final reading).
ORDINANCE NO. 2002-00126
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2953; A ZONING CHANGE FROM R-1 TO AM
ZONING ON LOT 2, LOT 3, AND LOT 4., BLOCK 1, RAYMOND PAINTER
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(19.) Ordinance #2002-00127—ZONE CASE NO. 2954 (1101h Street and
west of Frankford Avenue): Request of Hugo Reed and Associates for
Carl Mortenson for a zoning change from T to R-1 Specific Use for
garden homes on an unplatted 4.0-acre tract of land out of Section 21,
Block AK (second and final reading).
ORDINANCE NO. 2002-00127
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2954; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR GARDEN HOMES, ZONING ON AN UNPLATTED 4.0-ACRE
TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Regular City Council Meeting
December 12, 2002
Page 484
(20.) Ordinance #2002-00128—ZONE CASE NO. 2895-A (south of 82nd
Street and east of Milwaukee Avenue): Request of Rick Betenbough
for Quality Land Development for a zoning change from R-1 Specific
Use to R-2 Specific Use (for duplexes with 20-foot front setbacks on a
2.62-acre tract of land), A-2 (for a church or apartments on a 5.97-
acre tract of land), and GO (for professional offices on a 3.16-acre
tract of land) out of Section 28, Block AK (second and final reading).
ORDINANCE NO. 2002-00128
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2895-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-2 SPECIFIC USE (FOR DUPLEXES WITH 20-FOOT FRONT SETBACKS
ON A 2.62-ACRE TRACT OF LAND), A-2 (FOR A CHURCH OR APARTMENTS
ON A 5.97-ACRE TRACT OF LAND), AND GO (FOR PROFESSIONAL OFFICES
ON A 3.16-ACRE TRACT OF LAND) , ZONING OUT OF SECTION 28, BLOCK
AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(21.) Ordinance #2002-00129—ZONE CASE NO. 2832-C (south of 761h
Street between Avenue S and Avenue U): Request of Hugo Reed and
Associates for Lubbock Land Company for a zoning change from R-1
Specific Use for reduced front setback to R-1 Specific Use for garden
homes including a five-foot side setback on corner lots and a five-foot
setback on cul-de-sac lots on an unplatted 36.6-acre tract of land out
of Section 4, Block E (second and final reading).
ORDINANCE NO. 2002-00129
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2832-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE FOR GARDEN HOMES INCLUDING A FIVE FOOT
SIDE SETBACK ON CORNER LOTS AND A FIVE FOOT SETBACK ON CUL DE
SAC LOTS, ZONING ON AN UNPLATTED 36.6-ACRE TRACT OF LAND OUT OF
SECTION 4, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(22.) Ordinance #2002-00130—ZONE CASE NO. 2355-A (south of 41h
Street and west of Zenith Avenue): Request of Roosevelt Benson for
House of Prayer Non -denominational for a zoning change from R-1 to
A-2 limited to a church and church -related uses on an unplatted
parcel of land out of Section 4, Block 0 (second and final reading).
ORDINANCE NO. 2002-00130
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2355-A; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES ON ON AN
UNPLATTED PARCEL OF LAND OUT OF SECTION 4, BLOCK O, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(23.) Ordinance #2002-00131—ZONE CASE NO. 2222-D (1701 33rd
Street): Request of Wilkerson Investment Co. for W.W. Butler, Jr., to
amend Ordinance No. 8782 to allow a restaurant (see recommended
business name in conditions) as a permitted use on Lots 1, 2, and 3,
Block 12, O'Neall Terrace Addition (second and final reading).
ORDINANCE NO. 2002-00131
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2222-D; AMENDING THE CONDITIONS OF
ORDINANCE 8782 TO ALLOW A RESTAURANT AS A PERMITTED USE ON
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LOT(S) 1-3, BLOCK 12, O'NEALL TERRACE ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(24.) Ordinance #2002-00132—ZONE CASE NO. 1437-G (306 Toledo
Avenue): Request of Jeff Petersen for The Griffin Children's Trust
for a zoning change from C-2 to C-2 Specific Use for a cellular
transmission tower on the northwest portion of Lot 3, Holliday
Addition (second and final reading).
ORDINANCE NO. 2002-00132
-- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1437-G; A ZONING CHANGE FROM C-2 TO C-2
SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER, ZONING ON
THE NORTHWEST PORTION OF LOT 3, HOLLIDAY ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(25.) Ordinance No. 2002-00135 approving the Central Business District
Tax Increment Finance Reinvestment Zone Project Plan and Finance
Plan and the By -Laws as adopted by the Board of Directors of the
Central Business District Tax Increment Financing Reinvestment
Zone (first reading).
ORDINANCE NO.2002-00135
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES
OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE
CENTRAL BUSINESS DISTRICT OF LUBBOCK, TEXAS; ESTABLISHING THE
DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND
ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT
FINANCING REINVESTMENT ZONE.
The City Council created the 'Central Business District Tax Increment
Finance (TIF) Zone and appointed the TIF Board on December 3, 2001.
Members of the board are Merle Blosser (chair), R.J. Givens, Dolores
Milhous, Brent Noble, Jim Shearer, David Polnick, Jim Conkwright, Jim
Courtney and Judge Tom Head. The Board has met on four occasions
evaluating issues such as boundaries, project and finance plans, and By -
Laws. At their April 10, 2002 meeting, the members of the Board adopted
the Project Plan, Finance Plan, and By -Laws and submitted these to the
City Council for approval. The Project Plan illustrates public
improvements totaling $7,720,000. Implementation of these improvements
will take place in multiple phases. Copies of the Project Plan, Finance
Plan, and By -Laws were provided in Council backup.
The TIF Board and City staff recommended the approval of this
ordinance.
(26•) Resolution No. 2002-RO526 authorizing the Mayor to sign the Annual
Report of the Central Business District Increment Financing
Reinvestment Zone, pursuant to the Tax Increment Financing Act,
Texas Tax Code Chapter 311.
RESOLUTION NO.2002-RO526
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 the Central Business District
Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2001 through
September 30, 2002, which will be distributed to the chief executive officer of each
taxing unit levying taxes within the Central Business District Tax Increment Financing
Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
Regular City Council Meeting
December 12, 2002
Page 486
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer, Managing Director of Planning
and Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Annual Report is filed with Resolution No. 2002-R0526.
The Lubbock City Council established the Central Business District Tax
Increment Financing Reinvestment Zone by ordinance on December 3,
2001. According to the Texas Tax Increment Finance Act Section
311.016, the City must submit an annual report to the chief executive
officer of each taxing unit that levies taxes on property within a tax
increment finance zone. Therefore, staff has prepared the first annual
report of the Central Business District Increment Financing Reinvestment
Zone's activities. The report must be provided within 90 days of the end
of the City's fiscal year and a copy must also be sent to the Office of the
Texas Attorney General.
The Texas Tax Increment Finance Act specifies that the report must
include:
Amount and source of revenue in the tax increment fund
established for the zone;
a Amount and purpose of expenditures from the fund;
`m Amount of principal and interest due on outstanding bonded
indebtedness;
r Tax increment base and current captured appraised value retained
by the zone;
�a Captured appraised value shared by the City and other taxing units;
Total amount of tax increments received;
VIA Any additional information necessary to demonstrate compliance
with the tax increment -financing plan adopted by the City.
Staff recommended approval of this resolution.
(27.) Resolution No. 2002-RO527 authorizing the Mayor to execute a
Contract of Sale with Heron Land Company for a 6.82-acre tract of
land in Section 36, Block AK, Lubbock County, Texas, for a City
Park (6003 Spur 327).
RESOLUTION NO. 2002-RO527
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 of Sale between
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Regular City Council Meeting
December 12, 2002
Page 487
the City of Lubbock and Heron Land Company, a Texas corporation, and any other
related documents. Said Contract of Sale 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 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right of Way Agent
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Contract of Sale is filed with Resolution No. 2002-R0527.
On August 29, 2002 the City Council approved an offer to Heron Land
Company for the purchase of a 5.82-acre tract and a 1.00-acre tract of land
just north of Spur 327 and west of Frankford Avenue near the southeast
corner of McAlister Park. The 5.82-acre tract is being purchased for
conversion park land to allow the City to construct Milwaukee Avenue
through the park and the 1.00-acre tract of land is being purchased as part
of the qualifying process for the recently awarded $500,000 grant from
Texas Parks and Wildlife.
Heron Land Company's real estate agent agreed to the City's offer of
$60,016 for these two tracts of land, but Heron's attorney wanted $68,200
after coming down from $133,748. After some negotiating, they have
agreed to split the difference and sell the 6.82 acres for $64,108 and this
Contract of Sale finalizes this acquisition and sets the closing terms.
The Right -of -Way Department recommended approval of this resolution.
(28•) Resolution No. 2002-RO528 authorizing the Mayor to execute a
resolution releasing a .293-acre portion of Texas Department of
Transportation right-of-way for TxDOT to convey to the abutting
property owner (1510 3rd Street).
RESOLUTION NO.2002-RO528
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Whereas, a Right -of -Way Deed exists in Section 79, Block A, Lubbock County,
Texas, being a part of that .293 acre tract of land conveyed by Continental Gin Company
to the State of Texas in Right -of -Way Deeds recorded in Volume 1411, Page 185 and
Volume 1411, Page 195, Records of Lubbock County, Texas and adjoining that tract of
land conveyed to Falcon Steel Company, Inc. of Lubbock, Texas in Warranty Deed
recorded in Volume 1678, Page 94, Records of Lubbock County, Texas;
Whereas, the land specified is no longer needed for the use of citizens as a road;
Whereas, a release of the right-of-way would enable an abutting landowner,
Falcon Steel Company, Inc. more efficient use of the land;
Whereas, the Texas Department of Transportation has made this request of the
City of Lubbock.
Regular City Council Meeting
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Page 488
Whereas, the property description for said right-of-way is attached in Exhibit "A"
of this resolution;
NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not
interpose any objection for the State to sell and release the said right-of-way to the
abutting landowner.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR —
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right of Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of Exhibit "A" is filed with Resolution No. 2002-R0528.
TxDOT has been approached by the property owner at 230 Avenue O,
who desires to purchase a .293-acre excess portion of 3rd Street
right-of-way. This excess portion of 3rd Street is no longer needed by
TxDOT and will be sold to the abutting property owner, Falcon Steel
Company of Lubbock. TxDOT purchased this portion of 3rd Street in
1974 for a possible east -west one-way street project. TxDOT has
requested that the City give permission for this sale.
The Right -of -Way Department recommended approval of this resolution.
(29.) Resolution No. 2002-RO529 authorizing the Mayor to execute a street -
use license with Westminster Presbyterian Church of Lubbock, Texas
Inc. for the use of a City street for a building encroachment (3321 33rd
Street).
RESOLUTION NO.2002-RO529
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License for a
building encroachment, by and between the City of Lubbock and Westminster
Presbyterian Church of Lubbock, Texas and related documents. Said agreements are
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Regular City Council Meeting
December 12, 2002
Page 489
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right of Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the agreements is filed with Resolution No. 2002-R0529.
Westminster Presbyterian Church is located in the 3300 block of the south
side of 33rd Street, east of Indiana Avenue. They are in the process of
finishing the plans for remodeling and renovating their church building.
Part of their remodeling plan is the addition of a vestibule entryway. A
portion of this entryway is proposed to be constructed in the south right-
of-way of 33rd Street, forty-six feet east of Indiana Avenue. This entryway
would encroach 8 feet north to south by 31.5 feet east to west for a total
area of 252 square feet. The parkway width at this location is 12 feet in
width, which will leave a 4-foot sidewalk area. The "zero" setback
portion of the building is in the middle portion of the block and should not
create a line of sight issue along 33rd Street. At the November meeting,
the City's Zoning Board of Adjustment approved this building remodeling
plan to vary the setback of the activity center adjacent to the proposed
entryway. The Church will be charged the minimum street use license fee
of $50 per year for this twenty-year license, payable every five years in
advance. The City will receive $250 for each five-year period. The
Church also owns some of the property on the north side of 33rd Street,
including an area developed as a parking lot, and some time in the future
may propose closure of 33rd Street between Indiana Avenue and Hartford
Avenue.
The Right -of -Way Department recommended approval of this resolution.
(30.) Consider approval of an island in Savannah Avenue immediately
south of 98tt' Street.
Chapter 25 of the Code of Ordinances requires City Council approval of
islands in streets.
This particular Street, Savannah Avenue, will be a primary access street
into the new Lakeridge South subdivision.
Ken Flagg, representing the developers of Lakeridge South, is making the
request for this island in the street.
The proponents will also be requesting approval from the Zoning Board of
Adjustment for some special decorative fencing, a sign, and other
improvements to be placed in this island, should Council approve this
island in the street.
The island will be a privately owned tract of land, with all development
,;.
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December 12, 2002
Page 490
and maintenance costs borne by the developer and Homeowner's
Association. A copy of the Certificate of Incorporation of the
Homeowner's Association was provided.
Staff recommended approval of this island in Savannah Avenue.
(31.) Resolution No. 2002-RO530 providing for a partial paving release to
portions of property abutting 82nd Street from Avenue U to U.S.
Highway 87.
RESOLUTION NO.2005-RO530
PARTIAL PAVING RELEASE RESOLUTION
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, Resolution No. 6613 passed by the City Council on November 11,
1999, determined the necessity for making certain street and alley improvements as
therein designated, which Resolution was filed as a matter of record in Volume 7928,
Page 131 of the Official Real Property Records of Lubbock County, Texas, reference to
which record is hereby made for all pertinent purposes; and
WHEREAS, the City Council of the City of Lubbock finds and determines that
the liens and/or clouds against certain abutting properties created by the filing of such
Resolution should be released against such properties as are hereinafter described for the
reasons hereinafter stated;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I.
THAT the following described properties in Unit Number 2386-001, 82°d Street
from Avenue U East to US Highway 87 are hereby released and quitclaimed because no
assessments were made against such properties after a public hearing thereon as a result
of the properties being above the high-water of a lake, to wit:
The following metes and bounds described property:
Beginning at the Northwest corner of this tract which bears North 00 degrees 02
minutes 31 seconds East a distance of 229.36 feet and South 89 degrees 57 minutes
29 seconds East a distance of 37.50 feet from the Southwest corner of the Southeast
quarter of Section 4, Block E, Lubbock County, Texas;
Thence North 89 degrees 57 minutes 48 seconds East a distance of 1282.63 feet to
the Northeast corner of this tract;
Thence South 00 degrees 01 minutes 15 seconds West along the East line of this
tract a distance of 150.00 feet to a point in the North right of way line of 82°d Street;
Thence South 89 degrees 58 minutes 47 seconds West along the North right of way
line of 82°d Street a distance of 498.38 feet to a point of curvature;
Thence Southwesterly along a curve to the left, said curve lying in the North right
of way line of 82nd Street, said curve having a radius of 875.21 feet, a central angle
of 02 degrees 26 minutes 25 seconds, a chord bearing of South 89 degrees 05
minutes 27 seconds West, a chord distance of 37.27 feet, tangent lengths of 18.64
feet and an arc length of 37.28 feet to a point of tangency;
Thence South 87 degrees 32 minutes 12 seconds West a distance of 540.92 feet to a
point of curvature;
Thence Southwesterly along a curve to the right, said curve lying in the North right
of way line of 82"d Street, said curve having a radius of 765.21 feet, a central angle
of 02 degrees 30 minutes 21 seconds, a chord bearing of South 88 degrees 25
minutes 18 seconds West, a chord distance of 33.46 feet, tangent lengths of 16.74
feet and an arc length of 33.47 feet to a point of tangency;
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Thence North 89 degrees 57 minutes 29 seconds West along the North right of way
line of 82°d Street a distance of 143.19 feet to a point of curvature;
Thence Northwesterly along a curve to the right, said curve having a radius of 30.00
feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord distance of 42.43
feet and an arc length of 47.12 feet to a point of tangency;
Thence North 00 degrees 02 minutes 31 seconds East parallel to the West line of
Section 4, Block E, Lubbock County, Texas a distance of 144.36 feet to the Point of
Beginning.
Winniewood Addition; Lots 89, 90, 91, 92, 93, 94, 95 and 96
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North a distance of
45.00 feet and North 89 degrees 57 minutes East a distance of 830.00 feet from
the Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North along the East line of Lot 96, Winniewood Addition a distance of
149.00 feet to the Northeast corner of said Lot 96, same point being the Northwest
corner of this tract;
Thence North 89 degrees 57 minutes East: 150.00 feet to the Northeast corner of
this tract;
Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to a
point;
Thence South 89 degrees 57 minutes West a distance of 150.00 feet to the Point
of Beginning;
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 980.00 feet and North a distance of 45.00 feet from the
Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the South
east corner of this tract;
Thence North parallel to the East line of Lot 96, Winniewood Addition a distance
of 149.00 feet to the Northeast corner of this tract;
Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the
Northwest corner of this tract;
Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to
the Point of Beginning.
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 1055.00 feet and North a distance of 45.00 feet from
the Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Southeast
corner of this tract;
Thence North parallel to the East line of Lot 96, Winniewood Addition a distance
of 149.00 feet to the Northeast corner of this tract;
Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the
Northwest corner of this tract;
Thence South parallel to the East line of said Lot 96 a distance of 149.00 feet to
the Point of Beginning.
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 1130.00 feet and North a distance of 45.00 feet from
the Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North 149.00 feet to the Northwest corner of this tract;
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Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Northeast
corner of this tract;
Thence South parallel to the East line of Lot 96, Winniewood Addition a distance
of 149.00 feet to the Southeast corner of this tract;
Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Point of
Beginning.
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 1205.00 feet and North a distance of 45.00 feet from
the Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North parallel to the East line of Lot 96, Winniewood Addition a distance
of 149.00 feet to the Northwest corner of this tract;
Thence North 89 degrees 57 minutes East a distance of 90.00 feet to point in the
West right of way line of Avenue L;
Thence South along the West right of way line of Avenue L a distance of 149.00
feet to the Southeast corner of this tract;
Thence South 89 degrees 57 minutes West a distance of 90.00 feet to the Point of
Beginning.
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 1345.00 feet and North a distance of 45.00 feet from
the Southwest corner of Section 5, Block E, Lubbock County, Texas;
Thence North along the East right of way line of Avenue L a distance of 149.00
feet to the Northwest corner of this tract;
Thence North 89 degrees 57 minutes East a distance of 150.00 feet to the
Northwest corner of Lot 97, Winniewood Addition;
Thence South along the West line of said Lot 97 a distance of 149.00 feet to the
Southwest corner of said Lot 97;
Thence South 89 degrees 57 minutes West a distance of 150.00 feet to a point in
the East right of way line of Avenue L, same point being the Point of Beginning.
Winniewood Addition; Lots 97 and 98
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears South 89 degrees 57
minutes West a distance of 839.82 feet and North 45.00 feet from the Southeast
corner of the Southwest quarter of Section 5, Block E, Lubbock County, Texas,
same point begin the Southeast corner of Lot 98, Winniewood Addition;
Thence North along the East line of said Lot 98 a distance of 149.00 feet to the
Northwest corner of this tract, same point being the Northeast corner of said Lot
98;
Thence North 89 degrees 57 minutes East a distance of 75.00 feet to the Northeast
corner of this tract; same point being the Northwest corner of Lot 99,
Winniewood Addition;
Thence South along the West line of said Lot 99 a distance of 149.00 feet;
Thence South 89 degrees 57 minutes West a distance of 75.00 feet to the Point of
Beginning.
Winniewood Addition; Lot 99
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears South 89 degrees 57
minutes West a distance of 684.82 feet and North a distance of 45.00 feet from
the Southeast corner of the Southwest quarter of Section5, Block E, Lubbock
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County, Texas, said point being the Southeast corner of Lot 99, Winniewood
Addition;
Thence North along the East line of said Lot 99 a distance of 149.00 feet to the
Northwest corner of this tract, same point being the Northeast corner of said Lot
99, Winniewood Addition;
Thence North 89 degrees 57 minutes East a distance of 25.00 feet to the Northeast
corner of this tract;
Thence South parallel to the East line of said Lot 99 a distance of 149.00 feet;
Thence south 89 degrees 57 minutes West a distance of 25.00 feet to the Point of
Beginning.
The following metes and bounds described property:
Beginning at the Southwest corner of this tract which bears South 89 degrees 57
minutes West a distance of 659.82 feet and North a distance of 80.53 feet from
the Southeast corner of the Southwest quarter of Section 5, Block E, Lubbock
County, Texas;
Thence North parallel to the East line of Lot 99, Winniewood Addition a distance
of 113.47 feet to the Northwest corner of this tract;
Thence North 89 degrees 57 minutes East a distance of 130.00 feet to the
Northeast corner of this tract;
Thence South parallel to the East line of said Lot 99 a distance of 113.56 feet;
Thence South 89 degrees 59 minutes 06 seconds West a distance of 130.00 feet to
the Point of Beginning.
Winniewood Addition; Lot 100
The following metes and bounds described property:
Beginning at the Southeast corner of this tract which bears South 00 degrees 01
minutes 54 seconds East a distance of 192.42 feet and South 89 degrees 57
minutes 29 seconds East a distance of 33.75 feet from the Northwest corner of the
Northeast quarter of Section 9, Block E, Lubbock County, Texas;
Thence North 02 degrees 08 minutes 05 seconds East a distance of 46.83 feet to a
point;
Thence North 00 degrees 02 minutes 05 seconds East a distance of 60.62 feet to a
point of curvature, said curve having a central angle of 90 degrees 00 minutes 26
seconds, a radius of 30.00 feet, tangent lengths of 30.00 feet and a chord length of
42.43 feet;
Thence Northeasterly around said curve to the right an arc distance of 47.13 feet
to a point;
Thence South 89 degrees 57 minutes 29 seconds East, parallel to the North line of
Section 9, Block E, Lubbock County, Texas a distance of 144.99 feet to a point of
curvature, said curve having a central angle of 02 degrees 30 minutes 21 seconds,
a radius of 875.21 feet, tangent lengths of 19.14 feet and a chord distance of 38.27
feet;
Thence Northeasterly around a curve t the left an arc distance of 38.28 feet to a
point;
Thence North 87 degrees 32 minutes 12 seconds East a distance of 324.02 feet to
a point in the present South right of way line of 82" d Street;
Thence South 89 degrees 57 minutes 29 seconds East along the present South
right of way line of 82°d Street a distance of 578.14 feet to a point;
Thence South 00 degrees 01 minutes 54 seconds, parallel to the West line of
Section 9, Block E, Lubbock County, Texas, a distance of 152.42 feet to a point;
Thence North 89 degrees 57 minutes 29 seconds West, parallel to the North line
of Section 9, Block E, Lubbock County, Texas a distance of 1117.00 feet to the
Point of Beginning.
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The following metes and bounds described property:
Beginning at the Northwest corner of this tract which bears North 89 degrees 57
minutes East a distance of 1150.75 feet and South a distance of 40.00 feet from
the Northwest corner of the Northeast quarter of Section 9, Block E, Lubbock
County, Texas;
Thence South parallel to the West line of Northeast quarter of said Section 9 a
distance of 150.00 feet to a point;
Thence North 89 degrees 57 minutes East a distance of 1150.75 feet to a point;
Thence North 150.00 feet to the Northeast corner of this tract;
Thence South 89 degrees 57 minutes West a distance of 1150.75 feet to the Point
of Beginning.
Rhoades Heights Addition;North part of Lot 8 in Block 3, North part of Lot 7 in Block 3,
North part of Lot 6 in Block 3, Lot 5 less South 25 feet in
Block 3, North part of Lot 4 in Block 3, North 120 feet of Lot 3 in Block 3, North
120 feet of Lot 2 in Block 3, North 120 feet of Lot 1 in Block 3, North 120 feet of
Lot 8 in Block 2, North 120 feet of Lot 7 in Block 2, North 120 feet of Lot 6 in
Block 2, North 120 feet of Lot 5 in Block 2, North 120 feet of Lot 4 in Block 2,
North 120 feet of the West 73 feet of Lot 3 in Block 2, North 120 feet of Lot 2
and East 2 feet of Lot 3 in Block 2, North 120 feet of Lot 1 in Block 2, North 120
feet of Lot 8 in Block 1, North 120 feet of Lot 7 and North 120 feet of Lot 6 in
Block 1, North 120 feet of Lot 5 and North 120 feet of Lot 2 in Block 1, North
120 feet of Lot 3 in Block 1.
II.
THAT all of the properties to which this partial release is applicable as
hereinabove described are located within the corporate limits of the City of Lubbock,
Lubbock County, Texas, and this Release is only applicable to the properties hereinabove
specifically described and released. All interests and/or liens not specifically herein
released are hereby retained by the City of Lubbock.
EXECUTED this 12th day of December, 2002.
CITY OF LUBBOCK
BY: /S/ MARC MCDOUGAL
MARC McDOUGAL MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hartel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
This resolution serves to release properties abutting a paving improvement
project from an assessment or cloud on a property in an assessment -paving
program. The paving improvements are as follows:
82" d Street from Avenue U east to US Highway 87
The properties to be released from assessments on this project are due to
prepaid paving placed with the City at the time of platting. Properties with
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Regular City Council Meeting
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no enhancement from the paving are due to either being in a playa lake
area or the results of the enhancement study done by the appraiser. The
paving assessment was levied under Ordinance # 2000-00025.
This resolution will be filed in the Real Property Records of Lubbock
County.
Staff recommended approval of this resolution.
(32.) Resolution No. 2002-RO531 providing for a partial paving release to
portions of property abutting Milwaukee Avenue from FM 2255 (4`h
Street) to 341h Street.
RESOLUTION NO.2002-RO531
PARTIAL PAVING RELEASE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, Resolution No. 2000-R0088 passed by the City Council on March
23, 2000, determined the necessity for making certain street and alley improvements as
therein designated, which Resolution was filed as a matter of record in Volume 7692,
Page 72 of the Official Real Property Records of Lubbock County, Texas, reference to
which record is hereby made for all pertinent purposes; and
WHEREAS, the City Council of the City of Lubbock finds and determines that
the liens and/or clouds against certain abutting properties created by the filing of such
Resolution should be released against such properties as are hereinafter described for the
reasons hereinafter stated;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following described properties in Unit Number 2386-004, Milwaukee
Avenue from FM 2255 (4th Street) to 34`h Street are hereby released and quitclaimed
because no assessments were made against such properties after a public hearing thereon
as a result of the properties being above the high-water of a lake, to wit:
The following metes and bounds described property:
Beginning at a point lying in the West right of way line of Milwaukee Avenue
which is also the Northeast corner of this tract, said point bears West a distance of
56.07 feet and South a distance of 1,026.98 feet from the Northeast corner of
Section 10, Block J-S, Lubbock County, Texas;
Thence South 00 degrees 00 minutes 25 seconds West along the West right of way
line of Milwaukee Avenue a distance of 1,131.35 feet to the Southeast corner of this
tract, same point lying in the North line of the alley north of the L. P. and L. West
Tie Addition, to the City of Lubbock, Lubbock County, Texas;
Thence South 89 degrees 56 minutes 15 seconds West along the North line of said
alley a distance of 150.01 feet to the Southwest corner of this tract;
Thence North 00 degrees 00 minutes 25 seconds East parallel to the West right of
way line of Milwaukee Avenue a distance of 1,131.35 feet to the Northwest corner
of this tract, same point lying in the South line of the alley south of 61h Street;
Thence East along the South line of the alley south of 61h Street a distance of 150.00
feet to the Northeast corner of this tract and Point of Beginning.
L. P. and L. West Tie Addition, Tract A
Terra Estates II; Lots 85, 86, 91, 92 and 97
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The following metes and bounds described property:
Beginning at a point in the East line of Section 43, Block A-K, Lubbock County,
Texas which bears North 02 degrees 20 minutes 14 seconds East a distance of
791.90 feet from the Southeast corner of Section 43, Block A-K, Lubbock County,
Texas;
Thence North 87 degrees 40 minutes 16 seconds West a distance of 52.45 feet to
the Southeast corner and Point of Beginning of this tract, same point lying in the
West right of way line of Milwaukee Avenue, same point lying in the North line of
Elm Grove Addition to the City of Lubbock, Lubbock County, Texas;
Thence North 87 degrees 40 minutes 16 seconds West along the North line of said
Elm Grove Addition a distance of 150.00 feet to the Southwest corner of this tract;
Thence North 02 degrees 20 minutes 14 seconds East a distance of 1,848.92 feet to
the Northwest corner of this tract, same point lying in the South line of 26th Street;
Thence South 87 degrees 34 minutes 57 seconds East along the South right of way
line of 26th Street a distance of 101.45 feet to a point;
Thence South 01 degree 58 minutes 25 seconds East a distance of 5.00 feet to a
point of curvature;
Thence Southeasterly around a curve to the right, said curve having a radius of
20.00 feet, a central angle of 89 degrees 33 minutes 12 seconds, a chord length of
28.17 feet, tangent lengths of 19.84 feet and an arc length of 31.26 feet, same point
lying in the West right of way line of Milwaukee Avenue, same point being the
beginning of a point of curvature;
Thence Southwesterly around a curve to the right, said curve having a radius of
1555.00 feet, a central angle of 03 degrees 13 minutes 43 seconds, a chord length of
87.60 feet, tangent lengths of 43.82 feet and an arc length of 87.62 feet to a point of
tangency, same point lying in the West right of way line of Milwaukee Avenue;
Thence South 01 degrees 42 minutes 23 seconds East along the West right of way
line of Milwaukee Avenue a distance of 298.95 feet to a point of curvature;
Thence Southeasterly around a curve to the right, said curve having a radius of
1445.00 feet, a central angle of 04 degrees 02 minutes 37 seconds, a chord length of
101.96 feet, tangent lengths of 51.01 feet and an arc length of 101.98 feet to a point
of tangency, same point lying in the West right of way line of Milwaukee Avenue;
Thence South 02 degrees 20 minutes 14 seconds West along the West right of way
line of Milwaukee Avenue a distance of 1336.71 feet to the Point of Beginning.
Elm Grove Addition; Tract A
The following metes and bounds described property:
Beginning at a point in the East line of Section 43, Block A-K, Lubbock County,
Texas which bears North 02 degrees 20 minutes 13 seconds East a distance of
552.00 feet from the Southeast corner of said Section 43, Block A-K, Lubbock
County, Texas;
Thence South 89 degrees 58 minutes West along the South line of Elm Grove
Addition to the City of Lubbock, Lubbock County, Texas a distance of 200.00 feet
to the Northwest and Beginning Point of this tract;
Thence South 02 degrees 20 minutes 13 seconds West parallel to the East line of
said Section 43 a distance of 510.11 feet to a point in the North line of 34th Street;
Thence South 86 degrees 12 minutes 52 seconds East along the North line of 34th
Regular City Council Meeting
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Page 497
Street a distance of 168.70 feet to a point of curvature;
Thence Northeasterly around a curve to the left, said curve having a radius of 30.00
feet, a central angle of 93 degrees 06 minutes 30 seconds, a chord length of 43.56
feet, tangent lengths of 31.63 feet and an arc length of 48.75 feet to a point of
tangency, same point being in the East line of said Section 43;
Thence North 02 degrees 20 minutes 13 seconds East along the East line of said
Section 43 a distance of 43.22 feet to a point;
Thence North 03 degrees 22 minutes 11 seconds West along the existing West right
of way line of Milwaukee Avenue a distance of 180.47 feet to a point of
intersection;
Thence North 00 degrees 30 minutes 26 seconds West along the existing West right
of way line of Milwaukee Avenue a distance of 200.25 feet to a point of
intersection;
Thence North 05 degrees 44 minutes 24 seconds West along the existing West right
of way line of Milwaukee Avenue a distance of 67.36 feet to a point in the South
line of said Elm Grove Addition;
Thence South 89 degrees 58 minutes West along the South line of said Elm Grove
Addition a distance of 165.42 feet to the Point of Beginning.
The following metes and bounds described property:
Beginning at the Southeast corner of this tract which bears South 02 degrees 20
minutes 54 seconds West a distance of 1,079.07 feet and South 87 degrees 36
minutes 53 seconds East a distance of 200.00 feet from the Northwest corner of
Section 9, Block J-S, Lubbock County, Texas, same point lying in the 20 feet alley
north of 81h Street;
Thence North 87 degrees 36 minutes 53 seconds West along the North line of the
alley north of 8th Street a distance of 146.11 feet to the Southwest corner of this
tract, same point lying in the East right of way line of Milwaukee Avenue;
Thence North 02 degrees 21 minutes 23 seconds East along the East right of way
line of Milwaukee Avenue a distance of 314.07 feet to the Northwest corner of this
tract;
Thence South 87 degrees 36 minutes 53 seconds East a distance of 146.11 feet to
the Northeast corner of this tract;
Thence South 02 degrees 20 minutes 54 seconds West a distance of 314.07 feet to
the Point of Beginning.
The following metes and bounds described property:
Beginning at the Northwest corner of this tract which bears East a distance of 55.00
feet and South a distance of 32.00 feet from the Northwest corner of the Southwest
quarter of Section 9, Block J-S, Lubbock County, Texas;
Thence East along the South line of 1 lth Place a distance of 193.57 feet to a point of
curvature;
Thence Southeasterly along a curve to the right, said curve having a radius of 15.00
feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord distance of 21.21
feet, tangent lengths of 15.00 feet and an are length of 23.56 feet to a point of
tangency, same point lying in the West right of way line of Liberty Avenue;
Thence South along the West right of way line of Liberty Avenue a distance of
177.26 feet to a point of intersection;
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Thence South 45 degrees 00 minutes 00 seconds West along the West right of way
line of Liberty Avenue a distance of 14.14 feet to a point of intersection with the
North line of the alley North of 13`h Street;
Thence West along the North line of the alley north of 131h Street a distance of
188.57 feet to a point of intersection;
Thence North 45 degrees 00 minutes 35 seconds West along the north line of the
alley north of 131h Street a distance of 14.14 feet to a point in the East right of way
line of Milwaukee Avenue;
Thence North along the East right of way line of Milwaukee Avenue a distance of
192.26 feet to the Point of Beginning.
Revier Farm; Lots 624, 623 and 516
West End Place; Lot 6 in Block 10, north half of Lot 7 in Block 10, west 70' of south half
of Lot 7 in Block 10, Lot 6 in Block 11, Lot 7 in Block 11, west half of
Lot 6 in Block 18, Lots 7 and 8 in Block 18, Lot 6 in Block 19, Lot 7 in
Block 19
West Side; Lots 19, 20, 58, 59, west 10' of 96 and east part of 97, west 20' of 99 and east
part of 98, east part of 136
II.
THAT the followl described properties in Unit Number 2386-004, Milwaukee
Avenue from FM 2255 (4 Street) to 34 Street, are hereby released and quitclaimed
because no assessments were made against such properties after the public hearing
thereon as a result of the cost of improvements having been prepaid, to wit:
Westchester Park; Lots 448 and 449
Ridgewood II; Lots 85-A, 84, 71, 70, 57, 56, 43, 42, 29, 28, 15, 14 and 1
Westchester Park; Lots 169, 168, 36, 35, 34 and 1
Frenship Independent School District Addition; Tract A
Revier Farm; Lots 587 and 586
Milwaukee Place; Tracts A-1, A-5 and A-6
Ridge Wood; Lots 1, 46, 47, 90, 91, 134, 135, 136 and 137
THAT the followl described properties in Unit Number 2386-004, Milwaukee
Avenue from FM 2255 (4t Street) to 34` Street, are hereby released and quitclaimed
because no assessments were made against such properties after the public hearing
thereon as a result of the properties being below the high-water of a lake, to -wit:
The following metes and bounds described property:
Beginning at the Southeast corner of this tract which bears North 87 degrees 37
minutes 36 seconds West a distance of 63.61 feet and North 02 degrees 21 minutes
22 seconds East a distance of 1,076.10 feet from the Southeast corner of Section 10,
Block J-S, Lubbock County, Texas;
Thence North 87 degrees 37 minutes 36 seconds West a distance of 150.00 feet to a
point;
Thence North 00 degrees 47 minutes 57 seconds East a distance of 552.09 feet to a
Regular City Council Meeting
December 12, 2002
Page 499
point in the South right of way line of 15`h Drive, same point being a point of
curvature;
Thence Southeasterly along a curve to the left, said curve having a radius of 50.00
feet, a central angle of 134 degrees 28 minutes 23 seconds, a chord length of 92.21
feet, tangent lengths of 119.16 feet and an arc length of 117.35 feet to a point of
tangency, same point being the most Southerly Southwest corner of Lot 97, Terra
Estates II, an Addition to the City of Lubbock, Lubbock County, Texas;
Thence South 87 degrees 37 minutes 12 seconds East along the South line of said
Lot 97 a distance of 80.08 feet to a point, same point being the Northeast corner of
this tract and lies in the West right of way line of Milwaukee Avenue;
Thence South 02 degrees 26 minutes 11 seconds West, along the West right of way
line of Milwaukee Avenue a distance of 409.08 feet to a point of intersection;
Thence South 04 degrees 51 minutes 45 seconds West, along the West right of way
line of Milwaukee Avenue a distance of 160.95 feet to the Point of Beginning.
The following metes and bounds described property:
Beginning at the Northeast corner of this tract which bears North 87 degrees 37
minutes 36 seconds West a distance of 63.61 feet and North 02 degrees 21 minutes
22 seconds East a distance of 1,076.10 feet from the Southeast corner of Section 10,
Block J-S, Lubbock County, Texas;
Thence South 04 degrees 51 minutes 45 seconds West along the West right of way
line of Milwaukee Avenue a distance of 104.97 feet to a point of intersection;
Thence South 04 degrees 46 minutes 48 seconds West along the West right of way
line of Milwaukee Avenue a distance of 278.77 feet to a point of intersection;
Thence South 02 degrees 30 minutes 26 seconds West along the West right of way
line of Milwaukee Avenue a distance of 197.27 feet to a point of intersection;
Thence South 05 degrees 13 minutes 03 seconds West along the West right of way
line of Milwaukee Avenue a distance of 87.98 feet to a point, same point being the
Southeast corner of this tract;
Thence North 26 degrees 58 minutes 20 seconds West a distance of 299.27 feet to
the Southwest corner of this tract;
Thence North 04 degrees 51 minutes 45 seconds East a distance of 408.05 feet to
the Northwest corner of this tract;
Thence South 87 degrees 37 minutes 36 seconds East a distance of 150.00 feet to
the Point of Beginning.
The following metes and bounds described property:
Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a
distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance
of 346.32 feet from the Southeast corner of Section 10, Block J-S, Lubbock County,
Texas;
Thence North 55 degrees 50 minutes 30 seconds West a distance of 42.78 feet to
the Southeast corner of this tract and Point of Beginning;
Thence North 55 degrees 50 minutes 30 seconds West a distance of 171.40 feet to
the Southwest corner of this tract;
Thence North 05 degrees 13 minutes 03 seconds East a distance of 194.12 feet to
the Northwest corner of this tract;
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Thence South 26 degrees 58 minutes 20 seconds East a distance of 281.57 feet to
the Northeast corner of this tract, same point lying in the West right of way line of
Milwaukee Avenue;
Thence South 05 degrees 13 minutes 03 seconds West along the West right of way
line of Milwaukee Avenue a distance of 38.77 feet to the Point of Beginning of this
tract.
The following metes and bounds described property:
Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a
distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance
of 346.32 feet from the Southeast corner of Section 10, Block J-S, Lubbock County,
Texas;
Thence North 55 degrees 50 minutes 30 seconds West a distance of 42.78 feet to
the Northeast corner and Point of Beginning of this tract, same point lying in the
West right of way line of Milwaukee Avenue;
Thence South 05 degrees 13 minutes 03 seconds West along the West right of way
line of Milwaukee Avenue a distance of 22.53 feet to the Southeast corner of this
tract;
Thence North 87 degrees 34 minutes 53 seconds West along the south line of this
tract a distance of 152.55 feet to the Southwest corner of this tract;
Thence North 05 degrees 13 minutes 03 seconds East a distance of 112.70 feet to
the Northwest corner of this tract;
Thence South 55 degrees 50 minutes 30 seconds East along the north line of this
tract a distance of 171.40 feet to the Northeast corner of this tract and the Point of
Beginning.
The following metes and bounds described property:
Beginning at a point which bears North 87 degrees 38 minutes 38 seconds West a
distance of 50.48 feet and North 02 degrees 21 minutes 22 seconds East a distance
of 346.32 feet from the Southeast corner of Section 10, Block JS, Lubbock County,
Texas;
Thence North 87 degrees 34 minutes 53 seconds West a distance of 37.48 feet to
the Northeast corner and Point of Beginning of this tract, same point lying in the
West right of way of Milwaukee Avenue;
Thence South 05 degrees 13 minutes 03 seconds West along the West right of way
line of Milwaukee Avenue a distance of 42.13 feet to the Southeast corner of this
tract;
Thence North 87 degrees 32 minutes 08 seconds West parallel to the North line of
State Highway 114 (19th Street) a distance of 150.00 feet to the Southwest corner of
this tract;
Thence North 02 degrees 21 minutes 23 seconds East parallel to the West right of
way line of Milwaukee Avenue a distance of 42.13 feet to the Northwest corner of
this tract;
Thence South 87 degrees 34 minutes 53 seconds East a distance of 152.11 feet to
the Point of Beginning.
The following metes and bounds described property:
Beginning at the Southeast corner of this tract which bears South 00 degrees 02
minutes East a distance of 341.16 feet and North 89 degrees 59 minutes West a
distance of 80.00 feet from the Northeast corner of Section 43, Block A-K,
Lubbock County, Texas;
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Thence South 89 degrees 58 minutes West a distance of 150.00 feet to a point;
Thence North 00 degrees 02 minutes West parallel to the West right of way line of
Milwaukee Avenue a distance of 256.16 feet to a point in the South right of way
line of State Highway 114 (19th Street);
Thence South 89 degrees 59 minutes East along the South right of way line of State
Highway 114 (191h Street) a distance of 125.02 feet to a point of curvature;
Thence Southeasterly around a curve to the right, said curve having a radius of
25.00 feet, a central angle of 89 degrees 57 minutes, a chord distance of 35.34 feet,
tangent lengths of 24.98 feet and an arc length of 39.25 feet to a point of tangency;
Thence South 00 degrees 02 minutes East along the West right of way line of
Milwaukee Avenue a distance of 231.18 feet to the Point of Beginning.
The following metes and bounds described property:
Beginning at the Northeast corner of this tract which bears South 00 degrees 01
minutes 00 seconds East a distance of 1,012.26 feet and East a distance of205.00
feet from the Northwest corner of the Southwest quarter of Section 9, Block J-S,
Lubbock County, Texas, same point lying in the South right of way line of 15th
Street;
Thence South 00 degrees 01 minute 10 seconds East parallel to the East right of
way line of Milwaukee Avenue a distance of 1,082.74 feet to the Southeast corner
of this tract;
Thence North 89 degrees 57 minutes 32 Seconds West parallel to the North line of
Highway 114 (19th Street) a distance of 150.00 feet to a point in the East right of
way line of Milwaukee Avenue, same point being the Southwest corner of this tract;
Thence North 00 degrees 01 minute 10 seconds West along the East right of way
line of Milwaukee Avenue a distance of 1,067.74 feet to a point of curvature;
Thence Northeasterly along a curve to the right, said curve having a radius of 15.00
feet, a central angle of 90 degrees 01 minutes 10 seconds, a chord distance of 21.22
feet, tangent lengths of 15.01 feet and an arc length of 23.57 feet to a point of
tangency, same point lying in the South right of way line of 151h Street;
Thence East along the South right of way line of 151h Street a distance of 134.99
feet to the Point of Beginning.
IV.
THAT the followindescribed pro�erty in Unit Number 2386-004, Milwaukee
Avenue from FM 2255 (4t Street) to 34t Street, is hereby released and quitclaimed
because no assessment was made against such property after a public hearing thereon as a
result of the appraisal showing no enhancement, to wit:
Westlake; Lot 1
V.
THAT all of the properties to which this partial release is applicable as
hereinabove described are located within the corporate limits of the City of Lubbock,
Lubbock County, Texas, and this Release is only applicable to the properties hereinabove
specifically described and released. All interests and/or liens not specifically herein
released are hereby retained by the City of Lubbock.
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Page 502
EXECUTED this 12th day of December, 2002.
CITY OF LUBBOCK
BY: /S/ MARC MCDOUGAL
MARC McDOUGAL
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
This resolution serves to release properties abutting a paving improvement
project from an assessment or cloud on a property in an assessment -paving
program. The paving improvements are as follows:
Milwaukee Avenue from FM 2255 (4th Street) to 34th Street
The properties to be released from assessments on this project are due to
prepaid paving placed with the City at the time of platting. Properties with
no enhancement from the paving are due to either being in a playa lake
area or the results of the enhancement study done by the appraiser. The
paving assessment was levied under Ordinance # 2002-00068.
This resolution will be filed in the Real Property Records of Lubbock
County.
Staff recommended approval of this resolution.
(33.) Resolution No. 2002-RO532 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock an affiliation
agreement and any associated documents between the City of
Lubbock and the Texas Tech University Health Sciences Center to
permit cooperation with regard to Molecular Pathology education
between the TTUHSC School of Allied Health and the City of
Lubbock Health Department.
RESOLUTION NO.2002-RO532
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Affiliation Agreement and any
associated documents between the City of Lubbock and the Texas Tech University
Health Sciences Center to permit cooperation with regard to Molecular Pathology
education between the TTUHSC School of Allied Health and the City of Lubbock Health
Department, a copy of which Affiliation Agreement is attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
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Page 503
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Affiliation Agreement is filed with Resolution No. 2002-R0532.
This affiliation agreement between TTUHSC and the City of Lubbock
promotes cooperation between these parties and advances Molecular
Pathology education for trained health professionals. The Lubbock Health
Department will allow use of the facilities for the education and training of
Allied Health students enrolled in the Molecular Pathology Program. This
will include, but not necessarily be limited to, infectious disease training,
including sexually transmitted diseases, diagnosis of agents potentially
used for bioterrorism, and other technological procedures that are
applicable such as polymerase chair reaction (PCR), DNA amplification
(GenProbes), and immunofluorescence. TTUHSC will maintain the
authority and responsibility for allied health education programs for its
students conducted within the Health Department. TTUHSC will also
maintain professional liability insurance for the students and provide
faculty participation on committees and task forces if requested by the
City.
This arrangement enhances the Core Missions of Public Health —those of
Surveillance, Prevention, Health Education, and Laboratory support.
Staff recommended approval of this resolution.
(34.) Resolution No. 2002-RO533 authorizing acceptance of water and
sanitary sewer improvements for Tract A-1, Bell Dairy Addition to
the City of Lubbock, Lubbock County, Texas at 2nd Street and
University Avenue.
RESOLUTION NO.2005-RO533
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR TRACT A-1, BELL DAIRY ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract A-1, Bell Dairy 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
sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $22,861.09 with the
improvements constructed by Utility contractors of America having a value of
$22,357.25 as determined by the unit prices established by said Chapter 28, and
$503.84 cash paid to the City, which amount includes $39,196.24 cash for adjacent
lines, with DEAN FOODS, INC., the developer, to receive a refund of $0.00 in
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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 sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer, Public Works
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
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 $22,861.09 and has a value of $22,357.25 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$503.84, which includes $0.00 for adjacent mains. The developer, Dean
Foods, Inc., will not receive a refund in accordance with Chapter 28.
There is no refund of deposit.
The subdivision is located between Avenue X and University Avenue and
from 2nd Place to 1st Street.
Staff recommended approval of this resolution.
(35.) Resolution No. 2002-RO534 authorizing the Mayor to execute a
contract for an additional three years of grant funding for Growing
Recruits for Urban Business (GRUB) Program from the Criminal
Justice Division Title V Delinquency Prevention funds.
RESOLUTION NO. 2002-RO534
WHEREAS, the City Council of the City of Lubbock finds it in the best interest
of the citizens of the City of Lubbock, that the Lubbock Urban Gardens be operated
for the 2004 year; and
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WHEREAS, the City Council of the City of Lubbock has considered the proposed
application for State and Federal Assistance for said project, in the amount of
$125,779.00 to be submitted to the Justice Planning (421) Fund Program; and
WHEREAS, the City Council of the City of Lubbock has agreed that in the event
of loss or misuse of the funds, the City Council assures that the funds will be returned to
the Criminal Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Lubbock approves submission of the grant application for the Lubbock Urban Gardens to
the Office of the Governor, Criminal Justice Division, in the amount of $125,779.00.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Everette Hooper
Everette "Scoop" Hooper
Youth Services Coordinator
APPROVED AS TO FORM:
/s/ John Knight
John Knight
Assistant City Attorney
The City of Lubbock Youth Services Department joined with the South
Plains Food Bank, Lubbock County Juvenile Justice Center, and other
non-profit organizations to develop a gardening and produce marketing
program for at -risk youths.
The partnership has received two years' funding for the program at
approximately $80,000 per year, and the program has served eighty
youths. Fifteen percent of the City of Lubbock's Youth Coordinator's time
has been donated each year for counseling as in -kind match, along with
$50,000 per year in a Community Food Security grant from USDA.
The young people in the program marketed their produce by selling 47
shares for $175 a share, raising more than $8,000. Youth groups from
Lubbock and across Texas have worked in the GRUB gardens, helping
mentor the local youths in the program.
Of those who have gone through the program, none have reappeared in the
criminal justice system.
Staff recommended approval of this resolution.
(36.) Resolution No. 2002-RO535 adopting the following items to be added
to the previously approved legislative priorities for the 78`h State
Legislative Session and the 108'h United States Congress: (1) Support
for funding the Transportation Mobility Fund; (2) Opposition to the
creation of a State Income Tax.
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Page 506
RESOLUTION NO.2002-RO535
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City County of the City of Lubbock hereby adopts the following items
to be added to the previously approved legislative priorities for the 78`h State Legislative
Session and the 1081h United States Congress defining the position of the City of
Lubbock. Said additional Legislative priorities are attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 21 st day of November, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Director of Communications and Legislation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney
A copy of the Legislative priorities is filed with Resolution No. 2002-R0535.
The State Legislative package will be revisited as Council brings items for
consideration throughout the 2003 Texas Legislative session. Two
funding issues that are likely to receive consideration in the coming
session are transportation funding and a state income tax.
The City is a member of the TEX-21 statewide transportation group,
which supports the Legislature's funding of the Statewide Mobility Fund.
Mayor McDougal asked that the Council consider supporting TEX-21's
efforts.
Council Member Gary Boren asked that the Council consider opposing the
creation of a state income tax.
Staff recommended approval of this resolution.
(37.) Resolution No. 2002-R0536/RFP#228-02/RW—for Wide Format
Printer/ Copier/Scanner (Planning Department).
RESOLUTION NO.2002-RO536
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 for wide format
printer/copier/scanner, by and between the City of Lubbock and Metro -Repro, Inc. of
Dallas, Texas and related documents. 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
City Council.
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Page 507
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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 No. 2002-R0536.
In October 2002, the Purchasing Department solicited proposals through a
High -Tech Request for Proposals (RFP) for a wide
format/printer/copier/scanner system. Seven vendors came to the pre -bid
conference, and five submitted proposals.
Proposals were solicited for a wide format printer/copier/scanner solution
for the Engineering Department's map vault to replace the blue line
machine. The system will be used by various departments to copy maps,
plans, and photographs and to scan plans, maps and documents for
archival storage. The equipment will also be used to create job and field
sets of documents and maps. Using departments will include
Streets/Drainage Engineering, Planning, Building Inspection, Stormwater,
Water Utilities, Traffic Engineering, and others. The RFP specified the
departments' need to scan -to -scan a wide variety of size and formats,
including items mounted on foam or boards in both black -and -white and
color. It also specified the need to make copies of large items such as
maps and aerial photographs. Included were requirements for accounting
software to manage departmental charges and a one-year warranty.
A committee consisting of Marshall Baldwin, GIS Specialist for
Streets/Drainage Engineering; Sally Abbe, GIS Specialist for Planning;
Wade Shoop, Planner; and Mark Yearwood, Assistant Manager of
Information Technology evaluated the proposals. The analysis was based
on these criteria: Functional 40%, Cost 25%, Vendor Experience 25%,
and References 10%. The proposals were ranked as follows:
Vendor
Functional
Cost
Experience
References
Aggregate
Archive Supplies, Inc.
of Dallas, TX
34.50
22.8125
18.750
4.625
80.6875
CAD Affiliates of
20.70
19.0625
13.125
5.750
58.6375
Stafford, TX
J.J. Equipment Repair
26.25
20.3125
18.750
9.750
75.0625
of Lubbock, TX
Metropolitan
38.90
23.7500
24.375
9.750
96.775
Reprographics of
Dallas, TX
Xerox Engineering
38.40
21.2500
18.625
6.875
85.150
Systems of Dallas, TX
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Page 508
Three vendors recommended various versions of the Xerox Synergix
Document system, and the committee felt that the Xerox system with the
color scanning option best meets the functional needs of the RFP.
Vendor
Scanner/
Hard Drive
Machine
V Year
Total
Printer
Cost
Maintenance
Cost
Metropolitan
Xerox 8825
20 GB
$26,460.34
$0.00
$26,460.34
Reprographics
Synergix
System
Xerox
Xerox 8825
20 GB
$26,883.50
$1,800.00
$28,683.50
Engineering
Synergix
Systems
System
Archive
Xerox 8825
9.1 GB
$25,191.00
$3,300.00
$28,491.00
Supplies
Synergix
System
Metropolitan Reprographics offered the lowest initial purchase price for
the newer, faster, large capacity version of the Xerox 8825 system. In
addition, they are the only vendor that offered a one-year warranty rather
than a 90-day warranty, which will result in no maintenance costs for the
first year of operation compared to other vendors. This makes the first
year cost of the machine more than $2,000 less than the other vendors'
proposals. In addition to the low costs for purchase and maintenance,
Metropolitan Reprographics has several Lubbock clients who rated the
company very high for service and responsiveness and who were
enthusiastic about the equipment. The service representative for
Metropolitan Reprographics is based in Abilene, Texas and all local
clients stated that they receive same day or next day service and excellent
phone support. In addition, Metropolitan Reprographics is working with
Market Lubbock Inc. to open a Lubbock warehouse and office within the
next six to eight months.
Based on these criteria, the committee recommended awarding this
contract to Metropolitan Reprographics of Dallas, Texas. The $26,460.34
contract amount is within the Computers City Wide 01-02 Project budget.
(38.) Resolution No. 2002-R0537/ BID #233-02/RS—for Construction of
Security Measures at Various City Facilities and City Secretary Office
Renovations (Facilities Management).
RESOLUTION NO.2002-RO537
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 for construction
of security measures at various city facilities and City Secretary Office renovations, by
and between the City of Lubbock and Wardroup and Associates, Inc. of Lubbock, Texas
and related documents. 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 City
Council.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
Regular City Council Meeting
December 12, 2002
Page 509
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Wardroup & Associates, 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 #233-02/RS - CONSTRUCTION OF SECURITY MEASURES AT VARIOUS
CITY FACILITIES & CITY SECRETARY OFFICE RENOVATIONS - $$293,824.00
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.
CITY OF LUBBOCK, TEXAS (OWNER) Wardroup & Associates, Inc.
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
By: /s/ Dennis W. Wardroup
PRINTED NAME: Dennis W. Wardroup
TITLE: President
COMPLETE ADDRESS:
Wardroup & Associates, Inc.
4408 Brownfield Drive
Lubbock, TX 79410
ATTEST:
Corporate Secretary
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Regular City Council Meeting
December 12, 2002
Page 510
This project incorporates various security components at selected City
facilities. The facilities determined to require security measures were
based on the nature of the facility. This included high public access,
health issues, and chemicals stored/used on site. Modifications made at
the various facilities will include the following: relocate entrance to the
City Secretary office and provide a new service counter; provide electrical
conduit for cameras, motion detectors, and/or chemical sensors; provide
proximity card readers at select doors; install bullet resistant film; provide
bollards; provide gated or secured entrances; and provide an infrared
detection system for perimeter security.
The low bid is $293,824 from Wardroup & Associates of Lubbock, Texas
and is within the Building Capital Outlay -Municipal Facility Security
budget.
(39.) Resolution No. 2002-R0538/BID #247-02/BM—for Traffic Signal
Upgrade Materials (Traffic Engineering).
RESOLUTION NO.2002-RO538
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 Purchase Order for traffic
signal upgrade materials, by and between the City of Lubbock and Paradigm Traffic
Systems, Inc. of Fort Worth, Texas and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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 Purchase Order is filed with Resolution No. 2002-R538.
This bid is for the purchase of various traffic signal materials including
brackets, tubes, louvers, and pedestrian push buttons. The material will be
used to upgrade traffic signals and will be used for new installations
within the City of Lubbock. The committee reviewed each bid for
compliance with meeting the requirements of PELCO quality product and
cost. Three of the four bids received meet the requirements: Paradigm
Traffic Systems, ACM Highway Products, and Hi -Tech Signals. The
fourth bid from Traffic Parts, Inc. did not meet the PELCO quality criteria.
Traffic Engineering purchased a like product last year to see if the product
would meet standards as to weather conditions (wind, etc). They have
determined that PELCO products are better suited for the projects due to
the higher quality of material used to produce their product. PELCO's
setscrews will hold and not slip. Setscrews in the other products allow the
signal head to turn, requiring a service call by our technician. PELCO's
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Regular City Council Meeting
December 12, 2002
Page 511
products are made from high strength aluminum alloy, not casting. Traffic
Engineering determined that for the safety of our customers, they need to
use the very best product possible.
The low bid meeting all requirements is $40,998.10 from Paradigm Traffic
Systems, Inc. of Fort Worth, Texas and is within the Traffic Engineering
Capital Projects budget. Additionally, Paradigm offered a three percent
discount if awarded all items one through ten. This discount equates to
$1,229.92, bringing the total bid from Paradigm Traffic Systems to
$39,768.18. The bid amount is within budget for various capital projects.
(40.) Resolution No. 2002-110539/13II) #248-02/BM—for Nine -Inch Street
Markers (Traffic Engineering).
RESOLUTION NO.2002-RO539
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 Purchase Order for nine -
inch street markers, by and between the City of Lubbock and Osburn Associates, Inc. of
Logan, Ohio and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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 Purchase Order is filed with Resolution No. 2002-R539.
This bid is for the purchase of sign blanks and mounting brackets used to
comply with the Federally mandated street name marker upgrade
requirement from 6-inch to 9-inch street name markers. As part of a ten-
year project, Traffic Operations personnel will place these nine -inch
markers throughout the City of Lubbock. Twelve bids were received and
reviewed for compliance with specifications. Two bidders, ROCAL, Inc.
of Frankfort, Ohio and Newman Signs, Inc. of Jamestown, North Dakota
withdrew their bids when it was determined they did not meet
specification on the sign blanks. Of the remaining ten bidders staff
recommended bid award to the following companies:
Osburn Associates, Inc. of Logan, Ohio $38,520
Hall Signs Inc. of Bloomington, Indiana $10,870
Traffic Engineering Department has previously done business with both of
these companies and their products amply meet all specifications.
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Regular City Council Meeting
December 12, 2002
Page 512
Low bids total $49,390 and are within the Traffic Engineering Nine -Inch
Street Name Marker Capital Projects budget.
(41.) Resolution No. 2002-R0540/BID #249-02BM—for Effluent Pumping
Station #2, Pump Upgrade (Public Works).
RESOLUTION NO.2002-RO540
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 for the Effluent
Pumping Station #2 pump upgrade, by and between the City of Lubbock and Acosta
Drilling Company of Lamesa, Texas and related documents. 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 City Council.
Passed by the City Council this 12th day of December, 2002.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and ACOSTA DRILLING COMPANY, of the City of Lamesa, County of
Dawson, 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 #249-02/BM - EFFLUENT PUMPING STATION #2 PUMP UPGRADE -
$$36,888.00
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.
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Regular City Council Meeting
December 12, 2002
Page 513
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.
CITY OF LUBBOCK, TEXAS (OWNER) ACOSTA DRILLING COMPANY
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
By: /s/ Dennis W. Wardroup
PRINTED NAME: Dennis W. Wardroup
TITLE: Partner
COMPLETE ADDRESS:
ACOSTA DRILLING COMPANY
P. O. Box 1221
Lubbock, TX 79464-4895
ATTEST:
Corporate Secretary
This bid is for the emergency purchase and installation of a vertical
turbine pump, motor, and drive for the expansion of the non -potable water
distribution system located at the City of Lubbock Southeast Water
Reclamation Plant. The addition of this pump, motor, and drive will help
upgrade the distribution of non -potable water for use throughout the plant.
The pump and motor will be installed by the contractor at the Southeast
Water Reclamation Plant Effluent Pumping Station #2. This upgrade will
reduce the land application of effluent water by allowing for stream
discharge. The distribution of non -potable water is necessary for
operations of the plant. This upgrade pump will allow the plant to use non -
potable water from Effluent Pumping Station #2.
The low bid is $36,888 from Acosta Drilling Company of Lamesa, Texas
and is within the Southeast Water Reclamation Plant budget.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
The next item considered was Item 45.
ORDINANCES FOR PASSAGE
Second Reading
(42•) ORDINANCE #2002-00111—Assessments for paving improvements
on the 2001 Assessment Paving Program (second of three readings).
This item was deleted.
513
Regular City Council Meeting
December 12, 2002
Page 514
(43.) ORDINANCE #2002-00133—ZONE CASE NO. 2445-A (4216 50tn
Street): Request of The DOOR for a zoning change from C-2A
Specific Use to C-2A Specific Use for a 120-foot communications
tower on a 12 foot by 12 foot portion out of Lot 1, Commercial
Addition (second and final reading).
This item was considered following Item 46.
ORDINANCE NO. 2002-00133
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2445-A; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2A SPECIFIC USE FOR A 120-FOOT COMMUNICATIONS TOWER,
ZONING ON A 12 FOOT BY 12 FOOT PORTION OUT OF LOT 1, COMMERCIAL
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Randy Henson, Senior Planner, explained that the proponent had been
informed that a self-supporting pole would be the correct way to go.
Motion was made by Council Member Martin, seconded by Council
Member Boren to deny second and final reading Ordinance No.
2002-00133. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and
Council Members Hernandez, Cooke, Morrison and Patterson voted
Nay.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2002-00133 as recommended by staff. Motion passed: 5 Yeas, 2 Nays.
Council Members Boren and Martin voted Nay
(44.) ORDINANCE #2002-00134—ZONE C SE. of 58-F (ouch of and
Street and west of Elgin Avenue)Request
Associates for U-Stor of America ange from C-3 to C-4
houses on a 4 9 acret act of land out of --
Specific Use for mini -war
Tract E, Boardwalk Addition (second and final reading).
ORDINANCE NO. 2001-00134
AN ORDINANCE AMENDING ZONING ORDINANCE
MAKING THE FOLLOWING
OFFICIAL MAP OF THE CITY OF LUBBOCKLFROM C-3
CHANGES: ZONE CASE NO. 2658-F; A ZONING
TRACT
LANDOF
SPECIFIC USE FOR MINI -WAREHOUSES, ZONING ON A 4.9--ACRE
LAND OUT OF TRACT E, BOARDWALK
PNDDTYOP 'OVIDING A,SAVINGS
SUBJECT TO CONDITIONS; PROVIDING AE
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Council Member Morrison,
reading Ordinance uNo.
ncil
Member Patterson to pass on second
2002-00134 as recommended by sttaf- Motion carried: 4 . Yeas, 3 Nays.
Council Members Boren, Hernandez and Martin voted Nay
The next item considered was Item 47.
ADMINISTRATIVE SERVICES
Purchasing
(45.) Resolution No. 2002-R0541/BID #183-02/BM—Consider one
resolution for SWAT Weapons and Equipment Replacement and
reject all bids (Police Department).
RESOLUTION N0.2002-R0541
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lboc& equipment beplacement perk does herey reject all s on
ITB
behalf of the City of Lubbock, for SWATweapons
#183-02/BM. Said bids are attached hereto and incorporated in
of the Crty this lsolution as if fully
set forth herein and shall be included in the minutes
514
Regular City Council Meeting
December 12, 2002
Page 515
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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 Bids is filed with Resolution No. 2002-R0541.
This item was considered following Item 41.
This bid is for the purchase of SWAT weapons and equipment with the
stipulation that the successful bidder also accepts specified Police
Department weapons as trade-ins. Total bid prices could not be compared
because not all bidders submitted bids on each item. Furthermore, not all
bidders made offers on trade-in weapons. Six bids were received. Of those
six bids, two would not accept trade-ins, which disqualified them. One
bidder accepted trade-ins but only bid on three of the items the
Department desired to purchase. Of the three remaining bidders, only one
accepted all trade-ins and bid on all the items the Department sought to
purchase.
Prior to the bid process, the Police Department requested test and
evaluation models from three manufacturers for the sniper rifle. It was not
until after the bids were opened that the Police Department received two
of the requested rifles. The department still has not heard from the third
manufacturer. It has been determined that one of the sniper rifles tested is
preferred. Additionally, all of the trade-in offers were much lower than
anticipated and it is believed that it has to do with the fact that the Police
Department could not produce the required ATF documentation. The
Police Department has since contacted ATF and will have all the required
documentation in hand before the staff re -bids these items.
The Police Department recommended that Council reject all bids and
instructs staff to re -bid the items.
Victor Kilman, Purchasing Manager, gave staff comments.
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to deny Resolution 2002-R0541 and reject all bids.
Motion carried: 6 Yeas, 0 Nays.
Council Member Patterson arrived.
(46.) Resolution No. 2002-R0542/ BID #256-02/BM—for Twenty -Inch
Water Main Re -Route for Freeway Project (Water Utilities
Engineering).
515
Regular City Council Meeting
December 12, 2002
Page 516
RESOLUTION NO.2002-RO542
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 for the twenty -
inch water main re-route for freeway project, by and between the City of Lubbock and J
& D Pipeline & Construction, Inc. of Midland, Texas and related documents. 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 City Council.
Passed by the City Council this 12th day of December, 2002.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of December, 2002, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and J & D PIPELINE & CONSTRUCTION INC., of the City of Midland,
County of Midland, 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 #256/02/BM - TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEWAY
PROJECT - $255,469.44
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.
516
Regular City Council Meeting
December 12, 2002
Page 517
CITY OF LUBBOCK, TEXAS (OWNER)
By: Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
APPROVED AS TO CONTENT:
J & D PIPELINE & CONSTRUCTION
INC.
By: /s/ Lisa Beauchamp
PRINTED NAME: Lisa Beauchamp
TITLE: Vice President/Secretary
COMPLETE ADDRESS:
J & D PIPELINE & CONSTRUCTION
INC.
P. O. Box 1221
Lubbock, TX 79464-4895
/s/ Harlan D. Stauffer ATTEST:
Owner's Representative
Lisa Beauchamp/Johnny Suarez, President
APPROVED AS TO FORM: Corporate Secretary
/s/ John M. Knight
City Attorney
This bid is for the utility relocation process in advance of the Marsha
Sharp Freeway project. This project involves the relocation of a large
diameter water main at West Loop 289 and Frankford Avenue. Four bids
were received and evaluated. Staff recommended that City Council reject
the bid from the low bidder and award a contract to the second low bidder,
J&D Pipeline and Construction. Staff believes that the low bidder, D&D
Cable Services, Ltd., does not have adequate experience for this type of
project. The Water Utilities Engineering Department contacted references
provided by D&D Cable Services. Information provided by the references
indicates that D&D Cable Services has never completed a water line
project. D&D Cable Services is under contract with the City of Copperas
for an 8-mile 30" ductile -iron water transmission line project that is only
12.5% complete. D&D Cable Services has cleared the site but has yet to
lay any pipe. D&D Cable advertises on their website that they have been
in business since 1994 and that they are a highly specialized company that
is equipped to handle all phases of CATV and fiber optic cable installation
and construction.
It is important that this work proceed, as TxDOT will open bids on the
Marsha Sharp Freeway construction on December 6, 2002. After these
bids are opened, TxDOT is required to certify that all of the utilities have
been relocated.
Low bid not being recommended is $191,913.37 from D&D Cable
Services, Ltd. of Lubbock, Texas.
Next lowest and recommended bid is $255,469.44 from J&D Pipeline &
Construction, Inc. of Midland, Texas and is within the Water System
Improvements budget. J&D Pipeline & Construction is a certified Texas
Historically Underutilized Business (HUB) that has been in business since
1998. They have municipal pipeline project experience with the cities of
Eldorado, Spur, Sweetwater, and Midland as well as utility construction
experience with Ector County, Fisher County, McCullough County and
Crockett County.
Victor Kilman, Purchasing Manager, gave staff comments.
Mike Gilliland, Civil Engineering Associate, also gave comments
concerning references.
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Regular City Council Meeting
December 12, 2002
Page 518
Motion was made by Council Member Patterson, seconded by Council
Member Cooke to pass on second and final reading Ordinance No.
2002-00542 as recommended by staff. Motion carried: 6 Yeas, 1 Nay.
Council Member Boren voted Nay.
The next item considered was Item 43.
(47.) Resolution No. 2002-RO543 authorizing the City Manager to
determine which construction contract method provided by
Subchapter H of Chapter 271, Local Government Code, will provide
the best value for the City of Lubbock.
RESOLUTION NO.2002-RO543
WHEREAS, the Local Government Code of the State of Texas provides at
Section 271.114(a) that the governing body of municipalities considering a construction
contract using a method specified by Sec. 271.113(a) other than by traditional
competitive bidding must, before advertising, determine which method provides the best
value for the governmental entity; and
WHEREAS, Section 271.114(a) further provides that such determination of
which alternative method to use (such as Construction Manager -Agent; Construction
Manager -at -Risk; or Design -Build) may be delegated by the governing body to a
designated representative; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of
the City of Lubbock to expedite the performance of City business by granting the City
Manager authority to determine the method which will provide the best value for the City
for any construction project not anticipated to exceed $1 million in total cost; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized pursuant to
Section 271.114, Local Government Code, to determine which construction contract
method provided by Subchapter H of Chapter 271, Local Government Code, will provide
the best value for the City of Lubbock for any construction project not anticipated to
exceed $1 million in total cost.
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, 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
This item was considered following Item 44.
In the last session of the Texas legislature, Senate Bill 510 was passed
which amended Section 271 of the Local Government Code by adding
Subchapter H that provides for alternate project delivery methods for
certain projects. Until this bill was passed into law, the procurement
procedure involving the construction of a facility for municipalities was
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Regular City Council Meeting
December 12, 2002
Page 519
limited to competitive bidding. For bids involving the construction of a
facility, Subchapter H now permits a municipality to use any of the
following procurement procedures that provides the best value for the
municipality:
• competitive bidding;
• competitive sealed proposals for construction services;
• a design -build contract;
• a contract to construct, rehabilitate, alter, or repair facilities that
involves using a construction manager; or
• a job order contract for the minor repair, rehabilitation, or
alteration of a facility.
The Local Government Code states that the governing body of a City that
is considering a construction contract using one of the methods specified
other than competitive bidding must, before advertising, determine which
method provides the best value for the City. The decision of which method
to use should be made early in the life of a project and, preferably, during
the predesign phase. The governing body may, as appropriate, delegate its
authority to a designated representative. Rather than requesting a
procurement method authorization from Council for each individual
project involving the construction of a facility, staff recommended that
Council authorize the City Manager to determine which method provides
the best value for the City.
Project delivery methods have various hybrids and variations. To assist
City departments in establishing a common vocabulary, understanding the
project delivery options, and then determining an appropriate project
delivery method for each particular project, Staff has developed a
selection process manual to answer the following questions:
• What is the list of project delivery methods?
• Does staff have consistent definitions for each method?
• Which method is more appropriate for a particular project?
• Why is a particular method more appropriate?
To determine which project is most appropriate for a particular project, the
using department will consider the major factors influencing the project in
question and then consider the requirements of the project in light of the
unique characteristics of each of the various project delivery methods. By
applying these factors, the using department should be able to not only
recommend a delivery method, but also, be able to answer the question,
"Why am I recommending a particular delivery method?"
Though there are many factors, by the time a few "major" factors are
applied, it should become apparent which method is most appropriate.
These major factors are divided into three categories, "Project Related
Factors", "External Factors", and "Contributing Factors".
Project Related
Factors
External Factors
Contributing Factors
Project
City Budget & Funding Cycle
Owner Control & Risk Allocation
Complexity &
Scope Definition
Availability/Capability of In-
Recommendations/Experience of Others
house Resources
Need/Desire for
Contractor Input
Regulatory'& Statutory
Requirements
Schedule
Potential for
Changes during
Construction
Quality Definition
& Verification
Desired
Contractor
Relationship
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Regular City Council Meeting
December 12, 2002
Page 520
These are certainly not all that need to be considered, but addressing these
major factors will guide the selection of the most appropriate delivery
method. Furthermore, addressing these early in the project cycle will
increase its chances for success. A thorough explanation of the process is
included in the Alternate Project Delivery Methods Selection Process
Guidelines manual included in the agenda backup (Appendix F being a
one -page overview). This document is the product of several months of
consideration, but it is not intended to be the final edition. It is anticipated
that, once the principles have been tested, changes to the guidelines will be
necessary.
Staff recommended approval of this resolution. However, Council may
want to consider a "threshold" that will allow Council to make this
determination on large contracts.
Victor Kilman, Purchasing Manager, gave staff comments.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison, to pass Resolution No. 2002-RO543 with the
stipulation that the City Manager looks at only under $1,000,000 projects
without checking with Council. Motion carried: 7 Yeas, 0 Nays.
COMMUNITY SERVICES
Communitv Services
(48.) Resolution No. 2002-RO544 for the City Council of the City of
Lubbock to approve the expenditure of funds for the Urban Renewal
Agency to acquire 1705 Avenue B, Parcel Number 66700-221-3,
owned by J. B. Mason and legally described as Lot 3, Block 221,
Original Town Addition of the City of Lubbock, Lubbock County,
Texas in conjunction with the Community Development Department's
Lot and Zoning Improvement Program (LAZIP).
RESOLUTION NO.2002-RO544
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: —
THAT the City Council of the City of Lubbock does hereby approve the
expenditure of funds for the Urban Renewal Agency to acquire 1705 Avenue B, Parcel
Number 66700-221-3, owned by J.B. Mason and legally described as Lot 3, Block 221,
Original Town Addition of the City of Lubbock, Lubbock County, Texas in conjunction
with the Community Development Department's Lot and Zoning Improvement Program
(LAZIP).
Passed by the City Council this 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
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Regular City Council Meeting
December 12, 2002
Page 521
The LAZIP Program is a voluntary program for eligible low to moderate -
income families who own and occupy uninhabitable homes on undersized,
improperly zoned or unsuitable lots for residential development. The
substandard homes and lots will be acquired at fair market value on a
voluntary basis. The owners will use the net proceeds, if any, from the
purchase of the existing property to cover the purchase of a reasonable
priced and affordable lot of their choice to build the new house.
Remaining sales proceeds, if any, must be applied to the purchase of the
new home.
The appraised value of this property is $5,000. This undersized lot of
3,150 square feet is located in an Interstate Highway Commercial District.
The program is designed to acquire all land and improvements of the
existing property, if approved by the Urban Renewal Board of
Commissioners and City Council. Leaving an existing vacant lot to the
low-income owner would be a liability rather an asset in most cases
because of weed mowing and yearly property tax expenses. There will be
a provision in the legal documents whereby the URA will not receive a
windfall profit if the lot is sold for a substantial amount during the first
few years of ownership.
For the newly constructed home, a combination 20-year Below Market
Rate Loan at 3% Interest and a No interest Deferred Payment 20-year
Loan at 0% interest will be made available. Monthly payments will be
made in proportion of household income and family size on a sliding scale
to assure affordability and compliance with regulations.
If, approved, this substandard home will be acquired and demolished with
Community Development Block Grant (CDBG) funds and replaced on the
new site using HOME funds under the Home Investment Partnerships
(HOME) Program. Mr. Mason has selected a lot owned by the Urban
Renewal Agency located at 2315 Fir Avenue for the construction of the
new home. A required legal notice to the public in a newspaper of general
circulation of the demolition and activity will be made.
The Lot and Zoning Improvement Program was approved through the
Community Development Department's regular yearly funding allocation
process. This is the first case for consideration under this program. The
Office of Community Planning and Development of the U.S. Department
of Housing and Urban Development (HUD) in Fort Worth, Texas has
concurred on this unit. This property has been cleared by the
Environmental Compliance Department and a title commitment for
insurance reflecting clear title has been received. The Urban Renewal
Board of Commissioners approved the acquisition of this property on
October 15, 2002.
Nancy Haney, Manager, Community Development, gave staff comments.
The Community Development Department recommended approval of this
resolution.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass Resolution No. 2002-R0544 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
(49.) Consider the price and conditions of sale of Parcel Number 93440-42-
8 at 2315 Fir Avenue, legally described as Lot 8, Block 42, Wheelock's
Second Addition to the City of Lubbock, Lubbock County, Texas, of
the Coronado Urban Renewal Plan in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to J. B.
Mason for $750. The property is to be redeveloped through the
Community Development Department's Lot and Zoning Improvement
Program (LAZIP) with a new 1,100 square foot single-family residence
valued at $68,000. The lot is properly zoned for residential development.
521
Regular City Council Meeting
December 12, 2002
Page 522
The Urban Renewal Board of Commissioners approved the proposed sale
on November 19, 2002. The Community Development staff
recommended approval of the sale.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to pass Item No. 49 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
(50.) Resolution No. 2002-RO545 authorizing execution of the Annual
Report of the North Overton Increment Financing Reinvestment
Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code
Chapter 311.
RESOLUTION NO. 2002-RO545
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 the North Overton Tax
Increment Financing Reinvestment Zone Annual Report for October 1, 2001 through
September 30, 2002, which will be distributed to the chief executive officer of each
taxing unit levying taxes within the Central Business District Tax Increment Financing
Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report
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 12th day of December, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer by Rob Allison
Craig Farmer, Managing Director of Planning
and Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Annual Report is filed with Resolution No. 2002-R0545.
The Lubbock City Council established the North Overton Tax Increment
Financing Reinvestment Zone by ordinance on March 14, 2002. Members
of the North Overton TIF Board are Jack Driskill (chair), Council Member
Victor Hernandez, Walker Metcalf, Patrick Murfee, Ted Rushing,
Margaret Talkington, Senator Robert Duncan, Representative Carl Isett,
and Commissioner Gilbert Flores. According to the Texas Tax Increment
Finance Act Section 311.016, the City must submit an annual report to the
chief executive officer of each taxing unit that levies taxes on property
within a tax increment finance zone. Therefore, staff has prepared the first
annual report of the North Overton Increment Financing Reinvestment
Zone's activities. The report must be provided within 90 days of the end
of the City's fiscal year and a copy must also be sent to the Office of the
Texas Attorney General.
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Regular City Council Meeting
December 12, 2002
Page 523
The Texas Tax Increment Finance Act specifies that the report must
include:
Amount and source of revenue in the tax increment fund
established for the zone;
01 Amount and purpose of expenditures from the fund;
Amount of principal and interest due on outstanding bonded
indebtedness;
Tax increment base and current captured appraised value retained
by the zone;
Captured appraised value shared by the city and other taxing units;
Total amount of tax increments received;
lepa Anv additional information nececcnry to demnnstrntP rmmnlinnre
with the tax increment -financing plan adopted by the City
Staff recommended approval of this resolution.
Motion was made by Council Member Cooke, seconded by Council
Member Morrison to pass on Resolution No. 2002-RO545 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal and Council Member Hernandez recused themselves.
(51.) Consider rate request from Atmos Energy and take appropriate
action.
Atmos submitted documents to the City Manager on Tuesday, December
3, 2002. If the City Council receives no complaints and takes no action,
the rate changes go into effect 35 days from the date of filing the request.
If a complaint is received from any affected person, then the City Council
must hold a hearing to determine the propriety of the increase.
The Council may also hold a hearing upon its own motion within 30 days
after the effective date if it should desire to do so. The Council may also
order the rate change suspended for up to 90 days if it desires more time to
study the requested rate changes.
Staff requested direction from the City Council
City Manager Bob Cass stated he had received information from Atmos
regarding proposed increases they would like to install relative to certain
transactions. This is not an increase in the price of gas. He asked First
Assistant City Attorney Don Vandiver to go over a variety of options
available.
First Assistant City Attorney Don Vandiver stated that the proposed rate
changes go into effect 35 days from the date of presentation. Atmos
specified the date of January 6, 2003. As a consequence, if Council takes
no action, it would automatically go in effect and be approved. He also
suggested that Council has an option of at its own motion setting up an
informal hearing on this with regard to why it is needed, etc.
If Council receives a written complaint from any citizen during that time
period, then City Council must set a hearing on it. Council also has the
option in conjunction with setting a hearing to delay the implementation of
the rate for up to 90 days from the date that it would ordinarily go into
effect.
Mayor McDougal stated he had received a letter of complaint from a
citizen. Mr. Vandiver stated that the statute is mandatory that they must
set a hearing on this. This must be done between this date and the 90tn
date after the effective date. He also stated this should be no later than the
second meeting of March, 2003.
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Regular City Council Meeting
December 12, 2002
Page 524
City Council directed staff to bring back appropriate orders setting this
regulatory authority to suspend the implementation of this 90 days,
which would bring this back to December 19' meeting.
Council Member Martin also stated that as he understood the request, it
raises approximately $131,000 from City of Lubbock residents. The
cost of hiring a consultant to study that is something he thought Council
should think about. He thought spending $50,000 to hire a consultant to
come in and do the study should be considered.
Mayor McDougal also directed that staff present an estimated budget at
the December 19`h meeting.
Council Member Hernandez requested that the email should be made a
part of the record. (This is attached as Page 30).
Council Member Boren stated he was on record as being greatly
concerned about the high percentages on new connects, even on
disconnects and would like to mention for the record that he had a good
visit with Bill Guy at Atmos and the President of Atmos. Council
Member Boren stated he understands Atmos' position of what they are
trying to do and be good corporate citizens of Lubbock and work with
the community. He appreciates that and looks forward to the process .
No action was necessary on this item.
(52.) Consider one appointment to the Arts Alliance, Inc. Grants Review
Committee.
Using hotel/motel tax revenues provides local cultural organizations with
grant funds for projects representing a significant effort toward the
promotion of the arts and humanities in Lubbock, and contributes to
Lubbock's growing reputation as a regional cultural entertainment center.
Leslie Cox, City employee, has submitted her resignation from the
Committee.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint James Arnold to the Arts Alliance, Inc. Grants
Review Committee. Motion carried: 7 Yeas, 0 Nays.
(53.) Consider one appointment to the Market Lubbock, Inc. Economic
Development Corporation.
A non-profit corporation created for the purpose of enhancing and
encouraging economic development and growth within the City, to
encourage the creation of new job opportunities and to encourage the
development of new industries within the City.
Dr. David Schmidly is resigning and relocating outside the state.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint David Smith to the Market Lubbock, Inc.
Economic Development Corporation. Motion carried: 7 Yeas, 0 Nays.
(54.) Consider appointments to the Citizens Advisory Committee.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Jan Campbell and Dr. Don Haragan to the
Citizens Advisory Committee. Motion carried: 7 Yeas, 0 Nays.
(55.) Consider one appointment to the Board of Electrical Examiners.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to reappoint Robert Bullock to the Board of Electrical
Examiners. Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
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Page 525
(56.) Consider one appointment to the Board of Health.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Christopher Lonngren to the Board of Health.
Motion carried: 7 Yeas, 0 Nays.
(57.) Consider one appointment to the Building Board of Appeals.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to reappoint Mark Anderson to the Building Board of
Appeals. Motion carried: 7 Yeas, 0 Nays.
(58). Consider eight appointments to the Community Development &
Services Board.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to reappoint Judi Blakey, Carey Childers, Teresa
Contreras, Marilanda Cristan, Frank Gutierrez, Cheryl Isaacs, Jeffrey
Lowry, and Ronnie McClendon to the Community Development &
Services Board. Motion carried: 7 Yeas, 0 Nays.
(59.) Consider two appointments to the Joint Airport Zoning Board.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Dudley Faver and Paul Johnson to the Joint
Airport Zoning Board. Motion carried: 7 Yeas, 0 Nays.
(60.) Consider two appointments to Lubbock Emergency Communication
District.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Robert Massengale and Bob Wood to the
Lubbock Emergency Communication District. Motion carried: 7 Yeas, 0
Nays.
(61.) Consider two appointments to the Youth Commission —Adults.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Amy Nash and Todd Wyrick to the Youth
Commission -Adult. Motion carried: 7 Yeas, 0 Nays.
(62.) Consider five appointments to the Zoning Board of Adjustment.
Motion was made by Council Member Cooke, seconded by Council
Member Boren to appoint Jim Gilbreath, Jay House, Larry Lowe, James
Riddle, and J.Q. Warrick to the Zoning Board of Adjustment. Motion
carried: 7 Yeas, 0 Nays.
The next item considered was Item 10.
12:38 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present.
2:15 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
2:15 P. 1I. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Patterson adjourned the meeting.
Read and Approved this day of 6 .
AL, MAYOR
ATTEST:
Reb cca Garza, City Secretary
525