HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
September 23, 1999
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd
day of September, 1999, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:38 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember
David Nelson, and Councilmember T. J. Patterson
Absent: Councilmember Victor Hernandez
CITIZEN COMMENTS
No citizens appeared to express comments to the Council
EXECUTIVE SESSION
Mayor Sitton 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 Manager); pending or contemplated litigation
(Civic Services; Environmental Inspection Services; Police Department);
and personnel matters regarding duties, responsibilities, and/or
appointments (Boards and Commissions).
7:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All were present except for Councilmember Victor Hernandez.
( 1•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Civic Services; Environmental Inspection Services; Police
Department).
(3•) 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:
Building Board of Appeals
9:37 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All were present except for Councilmember Victor Hernandez.
Mayor Sitton recognized Susan Leonard and the Advanced
Reporting Class at Texas Tech University, who were in attendance at
today's work session.
Regular City Council Meeting
September 23, 1999
Page 192
( 4.) Presentation by Texas Aviation Heritage Foundation, Inc. (Silent
Wings Museum) consisting of Jim Bertram, Director of Strategic
Planning; Mark Earle, Director of Aviation; and Gary Lawrence,
Board Chair, Texas Aviation Heritage Foundation.
This work session item is in conjunction with two Council agenda items
for the September 23, 1999 City Council meeting involving a grant
application from the City of Lubbock and the Texas Aviation Heritage
Foundation, Inc. (TAHFI) for $2.4M in transportation enhancement
funds from the Texas Department of Transportation (TxDOT).
On August 12, 1999, the Council committed a ten acre site at Lubbock
International Airport to house a "Texas Transportation Heritage Park
Silent Wings Museum" as a major visitor attraction for this community.
Since that time, the City of Lubbock (with TAHFI as a sponsor) has
submitted an application to TxDOT for $2.4M with a required local
match of $600,000. At first, it was assumed that the land at LIA could
serve as the local match; however, TxDOT has indicated that the local
match must be a cash match. The two action items on the Council
agenda deal with how the City proposes to front the local match of
$600,000 for the $2.4M in TxDOT grant funds. The primary purpose of
this work session item was for members of the board of TAHFI to
acquaint the Council with more details about current plans and outside
commitments to making the Silent Wings Museum a success in Lubbock.
Mr. Gary Lawrence, Chairman of the Board of Directors of TAHFI,
members of TAHFI, and members of the Military Glider Pilots
Association were present to make comments to Council about this work
session item.
Consensus of City Council was to approve the resolution being
presented; however, the Council requested "due diligence" with staff
evaluating any final agreement.
( 5,) Presentation of results of project cost bid awards for Canadian River
Municipal Water Authority (CRMWA) Phase II of the Conjunctive
Use Project and discuss matters relative to the bond financing
including the results of pricing by Terry Ellerbrook, Director of
Water Utilities; and Betsy Bucy, Director of Financial Services.
This item was presented in Regular Session with Item No. 37.
The final costs for Phase II of the CRWMA Conjunctive Use Project
were presented by Terry Ellerbrook.
Betsy Bucy introduced the process that the City utilized for this bond
sale. Anderson Bynum, representing Siebert, Brandford, Shank & Co.,
LLC presented results of pricing for the City's portion of the bond
financing for the CRMWA Conjunctive Use Project. Vince Viaille,
Financial Advisor representing First Southwest Company, also presented
information relative to the bond sale.
There is a second reading of the bond ordinance approving the bond sale
on this City Council agenda for approval.
This presentation was to provide information only; no action is required.
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10:43 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember
David Nelson, Councilmember T. J. Patterson; Bob Cass, City
Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City
Secretary
Absent: Councilmember Victor Hernandez
Mayor Sitton called the meeting to order at 10:43 A. M.
( 6.) Pastor Jay Beyer, Redeemer Lutheran Church, gave the invocation.
( 7.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
Mayor Sitton welcomed and recognized Ryan Lowrey of local Boy
Scout Troop 157, who was attending today's meeting as a part of
earning his Citizenship Badge.
BOARD APPOINTMENTS RECOGNITION
Airport Board
Receiving: Todd McKee
Keep Lubbock Beautiful Advisory Committee
Receiving: Rita Melton
Youth Commission
Receiving: Stephen Escobedo
CITIZEN APPEARANCES
( 8.) Murray Hensley, President of Civic Lubbock, Inc., appeared to
present the 1999/2000 Civic Lubbock, Inc. budget.
The agreement between the City of Lubbock and Civic Lubbock, Inc.
provides that Civic Lubbock, Inc. prepare and present to the City
Council a budget for the upcoming year. This budget is not presented
for City Council approval per se, but rather for information and
comment.
Effective October 1, 1998, the food and soft drink concession operation
was transferred back to Civic Lubbock, Inc., as were the functions of
handling the Walk of Fame and Terrace Inductions, the Local Grant
Program, and sponsorship and co-sponsorship of national touring shows
for the Civic Center and Auditorium -Coliseum. In addition, the current
agreement provides for a reduction in the commission paid to the City on
food and soft drink concessions from 20 % to 10 % for fiscal year
1999/2000. This reduction was approved in a prior amendment to their
agreement to provide sufficient revenue streams to cover long-term
commitments made by Civic Lubbock, Inc. in fulfillment of components
of their mission, i.e. public art projects and acquisition of the Buddy
Holly memorabilia. With the addition of ice hockey and the fact that
there is no history in the facility for this type of event, revenue estimates
were based on league averages in comparable facilities in both attendance
and per capita.
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Key components of the 1999/2000 budget are as follows:
• Estimated commissions are $195,980. This represents a 36%
increase over the revised estimate for 1998/99. The commission
paid reflects a 10 % commission on food and soft drink sales,
20% commission on alcohol sales, and 30% commission on beer
sales from hockey events. These are the commissions as
approved in the existing agreement.
• Net profits from the concession operation are anticipated to be
$206,036.
• Civic Lubbock, Inc. was instrumental in the development of the
Broadway Series and was able to renew the contract for five
additional years as a co-sponsor of the Series. The Series has
continued to grow and will have 27 performances for 1999/2000.
This budget reflects a profit from the Broadway series of
$30,000, which is a conservative figure.
• Net profits for FY 1999/2000 that will go towards Civic
Lubbock, Inc.'s chartered purpose and fulfill their long-term
financial commitments are estimated to be $168, 793.
Civic Lubbock, Inc. commissioned a public art piece by Eddie Dixon
over a year ago, and it should be completed by the end of the year. The
cost of this piece was approximately $108,000 with installation, and the
funds to purchase the piece came from their reserves. In addition, Civic
Lubbock, Inc. has made a significant contribution to the Buddy Holly
memorabilia collection. Civic Lubbock, Inc. has also provided partial
funding to convert one of the Coliseum concourse dressing rooms into a
concession stand for more points for sale.
Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits
to the community through the promotion or co -promotion of educational,
cultural, and entertainment programs in the Civic Center, Auditorium -
Coliseum and Civic Center District. They have also made significant
investments in public art. In addition, Civic Lubbock, Inc. contributes
to reducing the cost of operations of the Civic Center and Auditorium -
Coliseum through the commissions paid to the City.
The 1999/2000 budget for Civic Lubbock, Inc. was presented to City
Council for their information and comment.
( 9.) Presentation of miniature Buddy Holly street intersection signs to the
Holley family in recognition of their contributions to Lubbock and to
the opening of the Buddy Holly Center.
The Holley family has always been very receptive and accommodating to
fans and to the City of Lubbock with regard to the on -going interest in
their brother, Buddy Holly. Fans from across the world and throughout
the United States travel to Lubbock because this is Buddy Holly's
hometown. The Holley family has been kind in making themselves
accessible to these fans, and in this respect they have exemplified West
Texas hospitality.
Recently, with the opening of the Buddy Holly Center and the permanent
public exhibit devoted to the life and music of Buddy Holly, the Holley
family has again been generous with their time and their personal
possessions. The family donated and loaned personal items of Buddy's
and the family's to the permanent exhibit. They were very forthcoming
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in sharing their memories and ideas with regard to this project, and they
were very helpful and positive throughout the entire process.
For this reason, the City wished to present them with miniature Buddy
Holly Avenue street intersection signs as a keepsake and in appreciation
for their help in this endeavor.
Buddy's brothers are Larry and Travis Holley, and his sister is Pat
Holley Kaiter.
The Mayor presented the miniature Buddy Holly Avenue intersection
signs to Travis Holley, who accepted on behalf of his family.
(10.) Presentation of a special recognition to the Lubbock Convention and
Visitors Bureau.
The Lubbock Convention and Visitors Bureau was recently given four
separate awards by the state association that recognizes the work of
Visitor and Convention Bureaus across Texas. In recognition of their
receiving these awards for excellence and in recognition of their work in
organizing several recent public events, this Special Recognition was
presented during Citizens Appearances.
Linda Fort, Executive Director of the Visitors and Convention Bureau,
was present to accept the award.
The Mayor presented this special recognition in honor of the Convention
and Visitors Bureau's recent achievements.
(11.) Presentation of a proclamation to Kelly Chase, City Of Lubbock
Health Educator, declaring October as National Breast Cancer
Awareness Month.
On October 1, 1999 at 10: 30 a. in. the Health Department has planned
the kick-off to National Breast Cancer month at the Courthouse Gazebo.
Nationally, breast cancer is the most common form of cancer in women.
In 1999, an estimated 11,300 Texas women will be diagnosed with
breast cancer, and about 2,400 women will die of the disease. Breast
cancer is almost 100 percent curable if it is detected in its early stages.
October is recognized as National Breast Cancer Month to raise
awareness about this disease, so that one day the medical community can
win the battle against breast cancer.
The Mayor presented this proclamation for the citizens' community -wide
awareness campaign. Kelly Chase accepted the proclamation and
presented a short video on breast cancer awareness.
(12.) Presentation of special recognition to Kathy Smith, 1999 Race for the
Cure Co -Chairperson, recognizing September 25, 1999 as Race for
the Cure Day.
The Susan G. Komen Breast Cancer foundation was established in 1982
by Nancy Brinker to honor the memory of her sister, Susan G. Komen,
who died from breast cancer at the age of 36. The foundation has
become a national organization with a network of volunteers working
through local affiliates and Race for the Cure events throughout 44 states
and the District of Columbia. The mission of the foundation is to
eradicate breast cancer as a life -threatening disease by advancing
research, education, screening and treatment. Through the funding of
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basic research, the Komen foundation has laid the groundwork for some
of today's most promising breast cancer treatments. Since its inception,
the Komen foundation has raised more than $136 million. There are 99
races in 1999 across the United States.
The proceeds from the 1998 Race for the Cure funded the following
local projects:
City of Lubbock Health Department —Education
Covenant Health System —Treatment
Planned Parenthood —Education
The Rope of Hope —Education
South Plains Food Bank, Inc. —Education
The Mayor, who is Honorary Chair of the 1999 Race for the Cure,
presented this special recognition to Kathy Smith.
Mayor Sitton also recognized Councilmember Patterson, who will be
receiving the John B. Shepherd Community Service Award on
September 25, 1999 in Austin.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Lubbock Convention and Visitors Bureau. I'm glad to see that
Linda and her staff have stayed. I want you to know that this has been a
busy summer. All of ya'll here, you may think, "Well, I've seen that we
had that Miss Texas USA Pageant here; we had all those mayors and
council members from across the state here; and what was that Music
Crossroads thing that they had?" Well, those are all products of the hard
work and dedication to this City that our Convention and Visitors Bureau
has. What a great and hardworking staff that Linda has that are here
today, and what a wonderful asset to our community. I'm glad to see
that you have been recognized by the state associations for the hard
work, the budgetary work, the creative work that you do. It is truly an
asset that we in Lubbock have and will be a key to the future of the
growth and economic and tourism development that we hopefully will
share in many years to come. So we recognize and thank you for your
efforts.
No. 9 is Undeniably Prepared-EOC, which stands for our Emergency
Operations Center. Certainly, last week when the rains came--again--
and the flash floods were once again a problem for us, we were
prepared. We can't control Mother Nature, but we can certainly react
and try to prevent health and safety hazards to our citizens. That's what
our Emergency Operations Center does, and they're getting very, very
good at it. They were there 24 hours a day for approximately three days
in succession and were available to assist where we could. To their
credit, I think that the inconvenience and the problems that the flash
flooding caused were minimal, and affected some people, but the
negative effect was diminished. Not only were they apparent in last
week, but our Y2K preparedness, our 9/9/99 preparedness reflects that
Lubbock is a city that looks to the future and looks to the contingencies
that may jeopardize our health and safety and are prepared to react to
those contingencies and minimize those negative effects. So, Emergency
Operations Center, our hats are off to you.
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No. 8 is Breast Cancer Awareness. And certainly, what we've just seen
and what we are doing here in Lubbock to try to protect the women of
our community and encourage the health in that regard, it only takes a
person in your family or person that is close to you to bring to heart the
seriousness of this disease, and also the hope that we have in preventing
the serious consequences of this disease, with the proper treatment.
Let's all continue to support the efforts that our Susan B. Komen
Foundation is doing this weekend and during this month.
No. 7 is Buddy Holly Center. All of you that came down to the Music
Crossroads Festival, I'm sure were able to go into the Buddy Holly
Center for the first time, the dedication on September 3rd, the opening of
that wonderful museum and that wonderful tribute to the music heritage
of this City and this part of the state and this part of the world. It's truly
something we can be proud of, and I'm glad Travis was here today to
help us recognize his family and the contributions that the Holley family
have made. Let's all join in and appreciate and market this tourist
opportunity across the world.
No. 6 is Over (on) the Hill. Many of you come to City Hall and realize
that here is where many of our staff persons have offices and work hard
to do what things in the city need to be done to make it a great city. But
you've got to realize, many of you folks that have been here for years,
Municipal Hill is where the large part of our operations are. That is
located just to the east of Interstate 27 on Municipal Drive, which is
north of 4th Street. As you drive by there, you notice a big, white
dome; you notice the park; you notice many softball fields and other
things, but just know that not only do we have Lubbock Power & Light
officed there, many of their operations department and one of their
generating stations, we have the animal control center there. We have
the garage and fleet maintenance center there. It has been the home for
our police and fire academies; we have the water department, and of
course we have wonderful McKenzie Park that has the infamous Prairie
Dog Town. There's a thirty-six hole golf course that provides
entertainment opportunities for the folks in this area. Know that the
Municipal Hill is where all the hard work is done that keeps our City
operating and makes us appreciate what we have here and that it all goes
smoothly. "Over on the hill", and that's been there a long time, and
they're all mature people. They're not over the hill, but they're there
with a lot of years of experience.
No. 5 is Confidence in the City. Our bond election that was held
concluded on Saturday and reflects the attitude of our community and
that we in Lubbock have confidence in the future of our City. We have
confidence in the direction that our City is going and confidence in those
people, our Citizens Advisory Force, that made the recommendations for
our bond packages. Four of the five packages passed with a very
comfortable margin, a very significant indication that we in Lubbock are
for the future, we are for the progress of this community, and we're
supportive of what you're doing, both at City Hall and within the
community.
No. 4 is "Kactus" Theatre, and I apologize for the spelling, but as you
know, "K's" and "Y's" are at a premium these days. The Buddy Holly
Story was once again produced for its fourth year, I believe, at the
Cactus Theatre on Buddy Holly Avenue. That was probably the first
musical and theatrical production that we in Lubbock came to realize was
put on at that wonderful entertainment venue. Over the years, probably
the last four or five years --and Don Caldwell can probably tell us
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exactly --the Cactus Theatre has been the entertainment opportunity for
music and theatrical productions that truly are not only very indigenous
of Lubbock, but are very reflective of the wonderful talent that we have
in this community. It started with many people, financially and with a
lot of heart, and at the center of that was Don Caldwell and his family.
It is a wonderful opportunity we have, and I encourage all of you to
support our Cactus Theatre, and whenever you go there, tell them that
we appreciate their efforts in having the entertainment and musical and
theatrical opportunities that they provide for us.
No. 3 is Yippee Kiyiyo. Yes, "Y's" are at a premium, too. This is an
opportunity to --a week later --but we want to reflect the National Cowboy
Symposium that we had on the loth, I believe, of September. Al Davis
and the group at the Ranching Heritage Center are a group of dedicated
people that put on this wonderful symposium to help us learn and
remember about our western heritage and what the cowboy in this part of
the world did to make it what it is today. So we recognize the National
Cowboy Symposium and look to see them back next year.
No. 2 is E-Status. That stands for "electronic technology status." I
want to tell you that our Information Technology Department in the City
of Lubbock, our Managing Director is Sharlett Chowning, Mark
Yearwood, many, many people that work very hard to make sure that
Lubbock not only is at the cutting edge of electronic and information
technology, but Lubbock is ahead of the game, and that everybody that
works for Lubbock, everybody that is affected by the many operations
that we have are at the forefront of not only economical, but efficient
electronic technological advances. We are appreciative of everything
that they do. Our YX preparedness, national recognition was given;
that is in part and primarily due to our Information Technology
Department. So we salute you.
No. 1 is South Plains Fair, 82nd Version. This is the 82nd year of the
South Plains Fair, and we owe it all to the folks there at the South Plains
Fair Association, of which Steve Lewis is the Director. They decided --
not Steve, he wasn't around 82 years ago —but they decided 82 years ago
that this part of Texas needed to have a fair. Not only to showcase all of
the many activities --agricultural, husbandry, activities and efforts --but to
provide an entertainment opportunity for the folks in this part of Texas.
What a great entertainment and great showcase that we have out there
every year this time of the year. It begins this Saturday, and I want to
encourage everybody in Lubbock to once again be part of the over two to
three hundred thousand people that will visit the South Plains Fair and
enjoy what we have to offer. And thank you at the South Plains Fair
Association for 82 years of wonderful dedication, and we're very proud
of your efforts.
CONSENT AGENDA (Items No. 13 - 27, 29 - 30, and 32 - 36)
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve all items on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(13.) Approval of the minutes of the Regular City Council Meeting of
September 9, 1999.
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(14.) Ordinance No. 10194 abandoning and closing a temporary
construction and overhead electrical easement in Section L8, Block
E-2, Lubbock County, Texas (5202 Chicago Avenue) (second and
final reading).
ORDINANCE NO. 10194
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY
CONSTRUCTION AND OVERHEAD ELECTRICAL EASEMENT RECORDED IN
VOLUME 5253, PAGE 51 OF THE OFFICIAL REAL PROPERTY RECORDS OF
LUBBOCK COUNTY AND LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
(15.) Ordinance No. 10195 amending Chapter 12, Section 12-18 of the
City of Lubbock Code of Ordinances to adopt the "Texas Food
Establishment Rules" (second and final reading).
ORDINANCE NO. 10195
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY OF LUBBOCK
CODE OF ORDINANCES, ADOPTING THE TEXAS FOOD ESTABLISHMENT
RULES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(16.) Ordinance No. 10196 granting the right, privilege and franchise to
Touch America, Inc. to conduct a telecommunications business
within the boundaries of the City of Lubbock (first reading)
ORDINANCE NO. 10196
AN ORDINANCE GRANTING TOUCH AMERICA, INC., A FRANCHISE
AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND
PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES
WITHIN THE CITY OF LUBBOCK.
The City of Lubbock may grant telecommunications franchises on a non-
exclusive basis, giving a business the right to place their facilities within
public rights -of -way and easements. The franchisee pays the City rent
based on their number of residential and commercial connections, or on
a linear foot basis if they have few connections. Touch America, Inc.
has made application (copy included in agenda backup) and paid the
appropriate application fee for a telecommunications franchise.
The Texas legislature adopted HB 1777 in its last session, dramatically
changing the relationship between cities and the telecommunications
providers that use city rights -of -way. The Public Utility Commission is
in the process of developing rules to implement HB 1777, but the new
rules will not be available until late this year. These rules will
undoubtedly necessitate changes in the City of Lubbock's franchise
ordinance. For this reason, staff recommended granting Touch America,
Inc. a one-year franchise, rather than the usual three-year franchise.
Staff recommended City Council approval of the franchise ordinance on
first reading.
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(17.) Ordinance No. 10197 amending Chapter 9 of the Code of Ordinances
of the City of Lubbock pertaining to the determination of rates to be
charged for electric services within the City of Lubbock and
providing for the filing of orders and resolutions establishing rates
with the City Secretary and providing for publication (first reading).
ORDINANCE NO. 10197
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DETERMINATION OF RATES TO BE CHARGED FOR ELECTRIC SERVICES
WITHIN THE CITY OF LUBBOCK AND PROVIDING FOR FILING OF ORDERS
AND RESOLUTIONS ESTABLISHING SUCH RATES WITH THE CITY
SECRETARY OF THE CITY OF LUBBOCK; AND PROVIDING FOR
PUBLICATION.
Due to the recent passage of the electric industry deregulation legislation,
SB 7, and other competitive factors, the city's electric power company
may enhance its competitive advantage by the City Council determining
the rates to be charged for electric service in a meeting conducted in
accordance with Section 551.086 of the Texas Government Code.
Staff recommended that the City Council approve the requested
ordinance.
(18.) Consider Resolutions No. 6501, No. 6502, No. 6503, No. 6504, No.
6505, and No. 6506 authorizing the Right -of -Way Department to
make offers to thirteen property owners for six parcels of right-of-
way for the East-West Freeway railroad relocation (west of
Milwaukee between 50th and 34th Streets, west of FM 179 south of
Ursuline Street, west of Milwaukee north of Kent Street, and east of
Frankford Avenue south of the Clovis Highway).
RESOLUTION NO. 6501
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal and public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
1RR 5 Daniel K. Seale, Kathleen N. $27,300.00 --
Seale Withers, f/k/a Kathleen L.
Seale, Carolyn A. Seale,
Victoria L. Seale, and Marian
Seale Freeland, f/k/a Marian E. Seale
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
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SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above -described property are hereby rescinded and revoked.
SECTION 4. THAT the owners of the above -described parcel of land being
Daniel K. Seale, Kathleen N. Seale Withers, f/k/a Kathleen L. Seale, Carolyn A.
Seale, Victoria L. Seale, and Marian Seale Freeland, f/k/a Marian E. Seale BE offered
through the Right -of -Way Department of the City of Lubbock the amount of $27,300
indicated for this parcel, which is the amount appraised as the value and total damages
for the fee simple title and acquisition of the surface estate of said real estate, for the
use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and
unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized
representatives, are hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title of the surface estate to any or all
such parcels as hereinabove described for public purposes and municipal purposes.
Passed by City Council this 23rd day of September, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
/s/ WINDY SITTON
WINDY SITTON, MAYOR
A copy of Exhibit "A" is filed with Resolution No. 6501.
RESOLUTION NO. 6502
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal and public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -wit:
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September 23, 1999
Page 202
PARCEL NO. OWNER'S NAME AMOUNT
1 RR 24 David Haralson, a/k/a $17,000
David W. Haralson and
wife, Judy Haralson
a/k/a Judith K. Haralson
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above -described property are hereby rescinded and revoked.
SECTION 4. THAT the owners of the above -described parcel of land being
David Haralson, a/k/a David W. Haralson and wife, Judy Haralson a/k/a Judith K.
Haralson BE offered through the Right -of -Way Department of the City of Lubbock the
amount of $17,000 indicated for this parcel, which is the amount appraised as the value
and total damages for the fee simple title and acquisition of the surface estate of said
real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock,
or its authorized representatives, are hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title of the
surface estate to any or all such parcels as hereinabove described for public purposes
and municipal purposes.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of Exhibit "A" is filed with Resolution No. 6502.
RESOLUTION NO. 6503
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit: NOW THEREFORE:
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September 23, 1999
Page 203
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME AMOUNT
IRR-25 John Lara and wife, Louisa Lara $23,000.00
SECTION 2. THAT the above -described parcel of land whose acquisition is herein
authorized is more particularly described as "Exhibit A" attached to this Resolution and
incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above described property are hereby rescinded and revoked.
SECTION 4. THAT the owner of the above -described parcel of land being John
Lara and wife, Louisa Lara BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $23,000 indicated for this parcel, which is the amount appraised as
the value and total damages for the fee simple title and acquisition of the surface estate of
said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or
its authorized representatives, are hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title of the surface estate to any or
all such parcels as hereinabove described for public purposes and municipal purposes.
Passed by City Council this 23rd day of September, t999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of Exhibit "A" is filed with Resolution No. 6503.
RESOLUTION NO. 6504
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit: NOW THEREFORE:
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September 23, 1999
Page 204
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME AMOUNT
IRR-27 Tracy Allan Taylor & Veterans $8,050.00
Land Board of the State of Texas
SECTION 2. THAT the above -described parcel of land whose acquisition is herein
authorized is more particularly described as "Exhibit A" attached to this Resolution and
incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above described property are hereby rescinded and revoked.
SECTION 4. THAT the owner of the above -described parcel of land being Tracy
Allan Taylor & Veterans Land Board of the State of Texas BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $8,050 indicated for this parcel,
which is the amount appraised as the value and total damages for the fee simple title and
acquisition of the surface estate of said real estate, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title of the surface estate to any or all such parcels as hereinabove described for
public purposes and municipal purposes.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of Exhibit "A" is filed with Resolution No. 6504.
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Page 205
RESOLUTION NO. 6505
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO OWNER'S NAME AMOUNT
IRR-43 Commodity Export Corporation $27,200.00
SECTION 2. THAT the above -described parcel of land whose acquisition is herein
authorized is more particularly described as "Exhibit A" attached to this Resolution and
incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above -described property are hereby rescinded and revoked.
SECTION 4. THAT the owner of the above -described parcel of land being
Commodity Export Corporation BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $27,200.00 indicated for this parcel, which is the amount
appraised as the value and total damages for the fee simple title and acquisition of the
surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of
Lubbock, or its authorized representatives, are hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple title of the surface
estate to any or all such parcels as hereinabove described for public purposes and municipal
purposes.
Passed by City Council this 23rd day of September, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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Page 206
A copy of Exhibit "A" is filed with Resolution No. 6505.
RESOLUTION NO. 6506
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal and public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title of the surface estate to the following
described parcel of land located in Lubbock County, Texas be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
1 RR 51 Robert E. Green $16,125.00
SECTION 2. THAT the above -described parcel of land whose acquisition is
herein authorized is more particularly described as "Exhibit A" attached to this
Resolution and incorporated herein as part of this Resolution.
SECTION 3. THAT any and all offers previously made by the City of Lubbock
for the above -described property are hereby rescinded and revoked.
SECTION 4. THAT the owners of the above -described parcel of land being
Robert E. Green BE offered through the Right -of -Way Department of the City of --
Lubbock the amount of $16,125 indicated for this parcel, which is the amount appraised
as the value and total damages for the fee simple title and acquisition of the surface
estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the
purposes herein stated, and unless accepted forthwith, the City Attorney of said City of
Lubbock, or its authorized representatives, are hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee simple title of
the surface estate to any or all such parcels as hereinabove described for public
purposes and municipal purposes.
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September 23, 1999
Page 207
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of Exhibit "A" is filed with Resolution No. 6506.
These six parcels of right-of-way are needed for the railroad route
around West Lubbock in conjunction with the East-West Freeway
project. These parcel numbers and property owners are:
1 RR 5 - Daniel K. Seale, Kathleen N. Seale Withers F/K/A
Kathleen L. Seale, Carolyn A. Seale, Victoria L. Seale, and
Marian Seale Freeland F/K/A Marian E. Seale;
1 RR 24 - David W. Haralson and Judith K. Haralson;
1 RR 25 - John Lara and Louisa Lara;
1 RR 27 - Tracy Allen Taylor and Veterans Land Board of the
State of Texas;
1 RR 43 - Commodity Export Corporation; and
1 RR 51 - Robert E. Green.
Parcels 1 RR 5, 1 RR 24, 1 RR 25, and 1 RR 27 were appraised by
Merle Blosser, Parcel 1 RR 43 was appraised by Jim Bowman, and
parcel 1 RR 51 was appraised by Tommy Cantrell. All appraisals were
reviewed by Jimmy Goddard or a TxDOT representative. Parcel 1 RR
5, a farm property, contains 4.17 acres and was appraised for a total
offer of $27,300; $17,500 was the value placed on the land and $9,800
was the value placed on the damages. 1 RR 24, a residential acreage,
contains .66 acres and was appraised for a total offer of $17,000; $1,650
was the value placed on the land and $15,350 was the value placed on
the damages. 1 RR 25, a residential acreage, contains .65 acres and was
appraised for a total offer of $23,000; $1,625 was the value placed on
the land and $21,375 was the value placed on the damages. 1 RR 27, a
residential acreage, contains .67 acres and was appraised for a total offer
of $8,050; $1,670 was the value placed on the land and $6,375 was the
value placed on the damages. 1 RR 43, a farm property, contains 5.52
acres and was appraised for a total offer of $27,200; $5,934 was the
value placed on the land and $21,266 was the value placed on the
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Page 208
damages. Parcel 1 RR 51, a business property, contains 1.91 acres and
was appraised for a total offer of $16,125; $13,400 was the value placed
on the land and $2,725 was the value placed on the damages.
These resolutions ask for approval of these offers to the property owners
for these parcels. These resolutions authorize the Right -of -Way
Department to offer the property owners this appraised amount and if
refused, institute condemnation proceedings to acquire these properties.
The Right -of -Way Department recommended the approval of our offers
to these property owners.
(19.) Resolution No. 6507 authorizing the Mayor to execute on behalf of
the City of Lubbock a contract change notice No. 2, and any
associated documents, for the HIV prevention contract, by and
between the City of Lubbock and the Texas Department of Health.
RESOLUTION NO. 6507
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 on behalf of the City of Lubbock a Contract Change Notice No. 02, and any
associated documents, for the HIV Prevention Contract, by and between the City of
Lubbock and the Texas Department of Health, which Contract Change Notice No. 02 is
attached hereto and which shall be a part of this Resolution as if fully copied herein in detail.
Passed by City Council this 23rd day of September, 1999.
Is/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ To Camden
Tommy Camden
Public Health Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Contract Change Notice No. 02 is filed with Resolution No. 6507.
The change in this contract specifies that the Performing Agency
(Lubbock City Health Department) shall provide an estimated 1,200
prevention contacts which involve one-on-one interaction between a
counselor and client. This is a reasonable and attainable specified goal
set by the Texas Department of Health (TDH).
The original Texas Department of Health
TDocument
mand approvedshortly
2000 was awarded August 1998by DH
thereafter by the City Council. The contract period began January 1,
Regular City Council Meeting
September 23, 1999
Page 209
1999 and runs through December 31, 1999. No other changes are
requested and current funding of $45,000 is not affected.
Without the Texas Department of Health contract, the City of Lubbock
Health Department would not be able to fulfill a segment of the
prevention aspect of the Core Missions of Public Health. Therefore,
staff recommended approval of this resolution.
(20.) Resolution No. 6508 authorizing the Mayor to approve an application
for a state administered, federally financed Speed Selective Traffic
Enforcement grant (Speed Step).
RESOLUTION NO. 6508
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 an
directed to execute for and on behalf of the City of Lubbock, a Grant Agreement,
between the City of Lubbock and the State of Texas, for the Texas Highway Traffic
Safety Program, for speed selective traffic enforcement program, a copy of which is
attached hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Copuncil shall constitute and be a part of this Resolution as if
fully copied herein in detail. The City Council hereby agrees to a cash match of
$44,999.68, from the City, to fund 50% of the project, as required by the State of
Texas in order to be eligible to receive such State and federal assistance.
Passed by City Council this 23rd day of September, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan T. Saluri
Dan T. Saluri, Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
A copy of the Grant Agreement is filed with Resolution No. 6508.
This is a grant utilizing off duty personnel working overtime to enhance
the enforcement of posted speed limits within the City of Lubbock.
Awards for this grant have been set beginning October 1, 1999 and
ending September 30, 2000, upon approval of the City Council. This is
a 50-50 funded grant in the amount of $89,999.36.
To cover the City's share of this package, $45,000 has been approved in
the upcoming budget. The account number is 5735.8404.
The Lubbock Police Department recommended the approval of this grant
proposal.
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September 23, 1999
Page 210
(21.) Resolution No. 6509 authorizing the Mayor to execute a
supplemental agreement with the Federal Aviation Administration
for the Outer Marker site for Runway 17R.
RESOLUTION NO. 6509
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 Supplemental Agreement #1 for Outer
Marker site for Runway 17R, by and between the City of Lubbock and Federal Aviation
Administration and related documents. Said Agreement 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Supplemental Agreement #1 is filed with Resolution No. 6509.
The Federal Aviation Administration operates a navigational aid called
an Outer Marker at a site just north of Lubbock International Airport.
The Outer Marker is one component of an Instrument Landing System
(ILS) that provides precision guidance to aircraft approaching the airport
from the north. In accordance with federal requirements, the city leases
the land for the Outer Marker site and subleases it to the FAA at no cost.
The City's lease with the landowner has another five years remaining
before it expires. However, the City's sublease agreement with the FAA
will expire at the end of this month.
The FAA has requested a five-year extension of its agreement so that it
will run concurrently with the City's primary lease on the property. The
lease amendment is in the form of a supplemental agreement that will
modify the existing sublease.
The Outer Marker site is a 0.12-acre tract located 3.3 miles north of the
end of Runway 17R inside the City of New Deal. The supplemental
agreement will run through September 30, 2004.
The Airport Board has reviewed this agreement and recommended
approval. Staff also recommended approval.
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September 23, 1999
Page 211
(22.) Resolution No. 6510 authorizing the Mayor to execute a lease with
the Federal Aviation Administration for the Contract Weather
Observer Station (FCWOS) at the airport.
RESOLUTION NO. 6510
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Lease Agreement for Contract
Weather Observer Station (FCWOS) at the airport, by and between the City of Lubbock and
Federal Aviation Administration and related documents. Said Agreement 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 6510.
The Federal Aviation Administration operates a Federal Contract
Weather Observation Station (FCWOS) at Lubbock International
Airport. The FCWOS provides supplemental weather information in
support of the mission of the Lubbock Air Traffic Control Tower and
TRACON. The FCWOS has been operating at the airport for
approximately four years in space leased by the National Weather
Service (NWS). The NWS lease will expire on September 30, 1999, and
the FAA has requested a new lease for the FCWOS.
As under the current NWS lease, the FCWOS will be located in the
Executive Terminal on the east side of the airport. However, the
FCWOS is a much smaller operation than the NWS, and requires much
less space. Accordingly, the lease space will be reduced from an office
suite of approximately 2,200 square feet to a single office of 192 square
feet. The space not required by the FAA will be leased to another
tenant.
The proposed lease rate is $7 per square foot per year and will generate
$1,344 annually. The proposed term is for five years and gives the FAA
the right to terminate the agreement on 30 days' notice.
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Regular City Council Meeting
September 23, 1999
Page 212
The Airport Board has reviewed this agreement and recommended
approval. Staff also recommended approval.
(23.) Resolution No. 6511 authorizing the Mayor to execute a lease with
the Federal Aviation Administration for Multiple Instrument
Landing System (MALSR/ILS) for Runway 26.
RESOLUTION NO. 6511
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Lease Agreement for MALSR/ILS for
Runway 26, by and between the City of Lubbock and Federal Aviation Administration and
related documents. Said Agreement 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 6511.
The Federal Aviation Administration operates a Medium Intensity
Approach Lighting System with Runway Alignment Indicator Lights
(MALSR) and an Instrument Landing System (ILS) for Runway 26 at
Lubbock International airport. The MALSR and ILS provide guidance
to aircraft approaching the airport from the east. In accordance with
federal requirements, the city provides the land for the MALSR and ILS
equipment sites to the FAA at no cost.
The City's lease agreement with the FAA for these facilities will expire
at the end of this month. The FAA has proposed a new lease agreement
that would have a one-year initial term and that would be renewable
annually thereafter through September 30, 2014.
The Airport Board has reviewed this agreement and recommended
approval. Staff also recommended approval.
(24.) Resolution No. 6512 authorizing the Mayor to execute a maintenance
agreement with Texas Department of Transportation (TxDOT) for
landscaped areas on intersections of South Loop 289.
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Regular City Council Meeting
September 23, 1999
Page 213
RESOLUTION NO. 6512
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 on behalf of the City of Lubbock a contract and any associated
documents for maintenance of four (4) South Loop 289 turnarounds by and between the
City of Lubbock and the Texas Department of Transportation, which Agreement is
attached hereto and which shall be a part of this Resolution as if fully copied herein in
detail.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kavthie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic Services
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. 6512.
During the May 13, 1999 City Council Meeting, the City Council
authorized the Mayor to execute an agreement with the Texas
Department of Transportation (TxDOT) for maintenance of four South
Loop 289 turn-arounds. The Mayor executed the documents and staff
forwarded the agreement to TxDOT. However, TxDOT's new project
coordinator for the South Loop 289 improvements project requested a
more detailed maintenance agreement. City staff agreed with TxDOT
that a more detailed document would be mutually beneficial for all
parties involved.
The Texas Department of Transportation will be renovating four
intersections at South Loop 289 over the next two years. Those four
intersections are Slide Road, Quaker Avenue, Indiana Avenue, and
University Avenue. The renovations will include adding or enhancing
existing turn-arounds to relieve congestion as well as providing for
aesthetic improvements through landscaping such as trees, irrigation,
grass, brick pavers, etc. By improving a major corridor in Lubbock,
this project will add significantly to Lubbock's Image Campaign.
Unless a maintenance agreement is reached with the City of Lubbock,
the Texas Department of Transportation (TxDOT) will maintain these
intersections as if they were concrete only. The maintenance agreement
will ensure that the landscaping becomes a reality. A basic level of
maintenance will cost the City approximately $38,000 annually. This
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Regular City Council Meeting
September 23, 1999
Page 214
will include litter abatement, adding seasonal color to the beds, mowing
and tree pruning and utility costs associated with irrigation, etc. The full
impact of maintaining all four intersections will be realized in
FY 2001-02.
Councilman Ince is working with private businesses to sponsor each
quadrant of the intersections to enhance the quantity of flowers and
shrubs. As these intersections are "sold" in the coming months,
individual maintenance agreements will be brought before Council.
Staff recommended that Council authorize the resolution to approve a
maintenance agreement with Texas Department of Transportation for the
landscaped areas at the intersections of the South Loop 289 that are being
renovated and to authorize the Mayor to execute the necessary contract
documents.
(25.) Resolution No. 6513 authorizing acceptance of water and sanitary
sewer improvements for Estacado Village to the City of Lubbock,
Lubbock County, Texas.
RESOLUTION NO. 6513
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 99 TO 122, SOUTH HAVEN ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 99-122, South Haven 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 $54,969.26 with the
improvements constructed by Utility Contractors of America having a value of
$39,977.75 as determined by the unit prices established by said Chapter 28, and
$1,205.29 cash paid to the City, which amount includes $ -0- cash for adjacent lines,
with the developer, to receive a refund of $21,062.99 in accordance with Chapter 28 of
the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of
$ 0.00; and
WHEREAS, the construction of the said water and 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 $21,062.99 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Page 215
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
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 $153,429.27 and has a value of $144,143.05
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
$9,286.21 that includes $1,487.86 for adjacent mains. The developer,
Americas Preferred Home, Austin, Texas, will receive a refund of
$20,257.24 in accordance with Chapter 28. There is no refund of
deposit.
The subdivision is located at 16th Street and Norfolk Avenue.
Staff recommended acceptance of the improvements.
(26•) Resolution No. 6514 authorizing a change order for improvements at
the Water Reclamation Plant.
RESOLUTION NO. 6514
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 on behalf of the City of Lubbock a Change Order to a contract (Bid #98281) for
Southeast Water Reclamation Plant improvements (Digester No. 9) by and between the City
of Lubbock and Red River Construction Co., Inc., which Change Order is attached hereto
and which shall be a part of this Resolution as if fully copied herein in detail.
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Page 216
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Change Order is filed with Resolution No. 6514.
This change order is necessary to replace or repair components in
Digester No. 9 as part of the improvements to the Water Reclamation
Plant. Specific improvements include the repair and coating of the
digester lid, and repair and replacement of the gas mixing wells. It was
not possible to determine the extent of the necessary repairs until after
the digester had been drained and cleaned.
The change order amount is $171,870.97, which is 13.3% of the original
contract amount of $1,294,500. Previous change orders totaled
$23,138.99, or 1.8 %. Total change orders to date, including the
proposed change order, are $195,009.96 or 15.1 % of the original
contract amount. Thus, the new contract amount is $1,489.509.96.
The project is funded from the Digester 8 and 9 Rehab capital project
(account no. 233-9471). It is Phase 2 of the project. A total of
$3,700,000 was budgeted for both phases. Phase 1 was completed for a
total cost of $2,309,527.25. The budget for Phase 2 (i.e., Digester 9
Rehab) was $1,100,000. Funds for the change order will be from the
Major Capital Equipment Replacement project (account No. 233-9229)
that was to be used to purchase two subsurface sludge application
machines for the Land Application Site. These funds will not be needed
for that purpose due to the near impossibility of obtaining a sludge
application permit and the need to complete digester repairs before
sludge suitable for land application can be produced.
Staff recommended approval of the change order.
(27.) Ordinance No. 10198 amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to updating septic
hauler load fees (first reading).
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Page 217
ORDINANCE NO. 10198
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES
FOR SEPTIC TANK EMPTYING FEES; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
In 1989, septic hauler load fees were implemented as part of an equitable
_ system of user charges designed to ensure that each septic hauler pays its
share of the cost of monitoring, processing, testing, and treating
domestic septic tank waste disposed of at the Southeast Water
Reclamation Plant. A majority of this waste is generated from outside
Lubbock's city limits by non -rate paying entities.
As a result of an internal review of all wastewater fees, staff has
determined that septic hauler load fees should be increased to $35 per
load plus $0.14 per 100 gallons over 750 gallons in order to recover the
actual costs associated with administering this program. The increase is
expected to generate approximately $24,000 more revenue next year.
This fee increase matches the expense to the proper user, lessening the
burden to the residential rate payer.
Staff recommended the passage of this ordinance.
(28.) Joint Resolution No. 6520 of the City Council of the City of
Lubbock, the County Commissioners of Lubbock County, and the
Board of Trustees of Lubbock Independent School District to adopt
guidelines and criteria for commercial tax abatement agreements in
accordance with the Property Redevelopment and Tax Abatement
Act.
This item was moved from Consent to Regular Agenda and was
considered following Item No. 36.
JOINT RESOLUTION NO. 6520
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND
THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT
TO ADOPT GUIDELINES AND CRITERIA FOR COMMERCIAL TAX
ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT.
WHEREAS, there have been created three enterprise zones within the areas
under the jurisdiction of the City of Lubbock, the County of Lubbock and the Lubbock
Independent School District; and
WHEREAS, in October/November of 1997, each of the above described entities
approved uniform guidelines and criteria for the application of incentives within the
designated enterprise zones; and
WHEREAS, the guidelines and criteria approved will expire under the terms of
the Property Redevelopment and Tax Abatement Act upon the second anniversary of
their adoption;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE
COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF
TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT:
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Page 218
THAT the City Council of the City of Lubbock, the County Commissioners of
Lubbock County and the Board of Trustees of Lubbock Independent School District hereby
approve and adopt Guidelines and Criteria Governing Tax Abatement for Commercial
Projects within the designated City of Lubbock Enterprise Zones, which guidelines and
criteria are attached as Exhibit "A" and are made a part hereof for all intents and purposes.
These guidelines shall become effective upon expiration of the previously approved
guidelines.
THAT this Resolution in no manner effects additional local incentives which may be
added or deleted by the various governing bodies during the life of the enterprise zones as
required to obtain the best possible mix of incentives to insure the success of the enterprise
zone program.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin Walker
Kevin Walker, Business Liaison Officer
APPROVED AS TO FORM:
/s/Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
Passed by the Lubbock County Commissioners this 1 I' day of October, 1999.
/s/ Tom Head
TOM HEAD, COUNTY JUDGE
ATTEST:
/s/ Doris Ruff
Doris Ruff, County Clerk
Passed by Board of Trustees of Lubbock Independent School District this 14°i day of
October, 1999.
/s/ Mark Griffin
MARK GRIFFIN, PRESIDENT
ATTEST:
/s/ Roy T. Grimes
Roy T. Grimes, Secretary
A copy of Exhibit "A" is filed with Resolution No. 6520.
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Page 219
The criteria and guidelines for commercial tax abatement, by law, must
be readopted every two years. The current guidelines were adopted by
the City Council on October 9, 1997 after extensive meetings between
the City, County, Lubbock ISD, and Market Lubbock, Inc.
City staff is recommending minor administrative and cleanup changes to
the guidelines and no major policy revisions. Listed below are the City
staff recommended revisions:
Commercial Tax Abatement Guidelines
❑ Merge sections that include duplications
❑ Correct and reorder sections
❑ Remove hotel/motel accommodations from ineligible property
list.
The majority of the changes recommended in these guidelines are
administrative cleanup and will not impact Market Lubbock, Inc.'s
flexibility or ability to negotiate with prospects. Market Lubbock, Inc.
approved the adoption of the Commercial Guidelines, with the
recommended revisions changes, at its September 8, 1999 board
meeting.
Staff concurred with Market Lubbock, Inc. for approval of the
Guidelines and Criteria for Commercial Tax Abatement agreements.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass Resolution No. 6520 as recommended
by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Ince voted
Nay.
The next item considered was Item No. 31.
(29.) Joint Resolution No. 6515 of the City Council of the City of
Lubbock, the County Commissioners of Lubbock County and the
Board of Trustees of Lubbock Independent School District to adopt
Guidelines and Criteria for Industrial Tax Abatement Agreements in
accordance with the Property Redevelopment and Tax Abatement
Act.
JOINT RESOLUTION NO. 6515
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LUBBOCK, THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND
THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT
TO ADOPT GUIDELINES AND CRITERIA FOR INDUSTRIAL TAX
ABATEMENT AGREEMENTS IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT.
WHEREAS, in October/November of 1997, Guidelines and Criteria Governing
Tax Abatement for all Taxing Units within Lubbock County were approved; and
WHEREAS, the guidelines and criteria approved will expire under the terms of
the Property Redevelopment and Tax Abatement Act upon the second anniversary of
their adoption;
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Page 220
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE
COUNTY COMMISSIONERS OF LUBBOCK COUNTY AND THE BOARD OF
TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT:
THAT the City Council of the City of Lubbock, the County Commissioners of
Lubbock County and the Board of Trustees of Lubbock Independent School District hereby
approve and adopt Guidelines and Criteria Governing Tax Abatement for all Taxing Units
within Lubbock County, which guidelines and criteria are attached as Exhibit "A" and are
made a part hereof for all intents and purposes. These guidelines shall become effective
upon expiration of the previously approved guidelines.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin Walker
Kevin Walker, Business Liaison Officer
APPROVED AS TO FORM:
Is/Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
Passed by the Lubbock County Commissioners this tth day of October, 1999.
/s/ Tom Head
TOM HEAD, COUNTY JUDGE
ATTEST:
/s/ Doris Ruff
Doris Ruff, County Clerk
Passed by Board of Trustees of Lubbock Independent School District this 14' day of
October, 1999.
/s/ Mark Griffin
MARK GRIFFIN, PRESIDENT
ATTEST:
/s/ Roy T. Grimes
Roy T. Grimes, Secretary
A copy of Exhibit "A" is filed with Resolution No. 6515.
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September 23, 1999
Page 221
The criteria and guidelines for industrial tax abatement, by law, must be
readopted every two years. The current guidelines were adopted by the
City Council on October 9, 1997 after extensive meetings between the
City, County, Lubbock ISD, and Market Lubbock, Inc.
City staff is recommending minor administrative and cleanup changes to
the guidelines and no major policy revisions. Listed below are the City
staff recommended revisions:
Industrial Tax Abatement Guidelines
❑ Merge sections that include duplications
❑ Correct and reorder sections
❑ Add two industry types to target industry list: Warehouse/
Distribution and Corporate Headquarters of a Regional/National
Service Center
The majority of the changes recommended in these guidelines are
administrative cleanup and will not impact Market Lubbock, Inc.'s
flexibility or ability to negotiate with prospects. Market Lubbock, Inc.
approved the adoption of the Industrial Guidelines, with the changes, at
its September 8, 1999 board meeting.
Staff concurred with Market Lubbock, Inc. for approval of the
Guidelines and Criteria for Industrial Tax Abatement agreements.
(30.) Consider sole source purchase and installation of equipment and
increase of user license to expand Select -a -Seat ticketing system.
The existing Select -a -Seat ticketing system is a computerized ticketing
system that was purchased from Lasergate Systems, Inc. of Clearwater,
Florida. Lasergate has a contract with the equipment manufacturers for
the equipment that interfaces and operates with their software. All work
to expand the existing system must be done by Lasergate in order to
properly interface and work properly. Expanding the system will allow
tickets to be sold at the Coliseum via the ticketing system rather than
having to pre -pull tickets off the system. This will provide a much more
efficient process in handling ticket sales at the facility. Equipment
includes Boca ticket printers, increase in software user license from 32 to
42 users, terminals and the equipment to connect all of the terminals, and
installation to inferface with the Select -a -Seat system software.
This is a sole source purchase and the cost is $34,634. There are
sufficient funds budgeted to cover the cost of this project.
Staff recommended Council approve this expenditure to improve Select-
a-Seat's capabilities to provide better service.
(31.) Bid #99182--Office Supplies, Annual Pricing (Print Shop)
This item was moved from Consent to Regular Agenda and was
considered following Item No. 28.
This bid establishes annual pricing for 122 office supply items stocked by
the Print Shop and used by all City Departments. The bid also includes
a discount off list price for all non -stock items. Staff recommended bid
award to the low bidder as the primary supplier and to the second -low
bidder as the secondary supplier. If the primary supplier is unable to
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Page 222
deliver office supplies when required by the using department, or cannot
meet the City's needs, orders will be placed with the secondary supplier.
The initial term of the agreement is for one year with and option to
renew for up to two additional one-year terms.
The low bids are within the Office Supply Inventory budget amount.
The low bids are from the following companies:
Staples Business Advantage of Irving,
Texas (Primary Supplier) $147,088.11
Baker Office Products of Lubbock,
Texas (Secondary Supplier) 175,449.47
Betsy Bucy, Director of Finance, presented staff comments. Staff
recommended award of the bid to the bidders as indicated on the
tabsheet.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to award the bid as recommended by staff.
Motion carried: 6 Yeas, 0 Nays.
The next item considered was Item No. 37.
(32.) Resolution No. 6516/13id #99191—Lubbock Power & Light
Wadsworth Substation 230 kV Transmission Line (Electric
Distribution)
RESOLUTION NO. 6516
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 Lubbock Power & Light
Wadsworth Substation 230 kV Transmission Line, by and between the City of Lubbock and
Great Southwestern Construction, Inc. of Castle Rock, Colorado 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
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Page 223
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of September, 1999,
by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Great Southwestern Construction, Inc., of the City of Castle Rock,
County of Douglas, and the State of Colorado, 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 #99191 - LUBBOCK POWER & LIGHT WADSWORTH SUBSTATION 230 Kv
TRANSMISSION LINE - $179,450.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Zheng
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Assistant Secretary
/s/ Stacv Macroa
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Great Southwestern Construction, Inc.
Bv: /s/ Robert A. Martinez
PRINTED NAME: Robert A. Martinez
TITLE: President
COMPLETE ADDRESS:
Great Southwestern Construction, Inc.
P. O. Box 849
Castle Rock, Colorado 80104
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Page 224
This bid involves the construction of a 230 kV -transmission line and the
installation of two poles in an existing 138 kV transmission line. The bid
is part of a $2.5 million capital project to install a new Plains Co-op
substation located at East 42nd Street and Guava Avenue. In addition to
providing increased distribution capacity to industrial loads in this area,
this substation will provide a third 230 kV transmission interconnection
with Southwestern Public Service Company.
The low bid is within the Plains Co-op Substation -System Capital Outlay
budget amount. The low bid is $179,450 from Great Southwestern
Construction Inc. of Castle Rock, Colorado.
(33.) Resolution No. 6517/Bid #99197—Lubbock Power & Light
Wadsworth Substation Control Building (Electric Distribution)
RESOLUTION NO. 6517
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 Lubbock Power & Light
Wadsworth Substation Control Building, by and between the City of Lubbock and All Texas
Builders, 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of September, 1999,
by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and All Texas Builders, Inc., of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
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Page 225
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 #99197 - LUBBOCK POWER & LIGHT WADSWORTH SUBSTATION
CONTROL BUILDING - $70,871.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Zheng
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Donna Ratliff
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
All Texas Builders, Inc.
By: /s/ Tony Ratliff
PRINTED NAME: Tony Ratliff
TITLE: President
COMPLETE ADDRESS:
All Texas Builders, Inc.
P. O. Box 3486
Lubbock, Texas 79452
This bid involves the construction of a control house for the switchgear
and various components of the Wadsworth Substation. The bid is part of
a $2.5 million capital project to install a new Plains Co-op substation
located at East 42nd Street and Guava Avenue. In addition to providing
increased distribution capacity to industrial loads in this area, this
substation will provide a third 230 kV transmission interconnection with
Southwestern Public Service Company.
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Page 226
The low bid is within the Plains Co-op Substation -System Capital Outlay
budget amount. The low bid is $70,871 from All Texas Builders, Inc. of
Lubbock, Texas.
(34.) Resolution No. 6518Bid #99201—Maxey Swimming Pool Restroom
Facilities Addition (Park Development)
RESOLUTION NO. 6518
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 Maxey Swimming Pool
Restroom Facilities Addition, by and between the City of Lubbock and Lubbock Building
Services 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of September, 1999,
by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Lubbock Building Services, 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:
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Page 227
BID #99201 - MAXEY SWIMMING POOL RESTROOM FACILITIES
ADDITION - $69,600.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ James Gaines
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lubbock Building Services, Inc.
By: /s/ Jerry Smith
PRINTED NAME: Jerry Smith
TITLE: President
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
P. O. Box 65600
Lubbock, Texas 79464
This project involves the construction of a restroom facility within the
Maxey Pool complex and is part of the Parks, Recreation, and Open
Space Master Plan. The site currently has restrooms that do not meet
ADA. The proposed building will have vandal resistant fixtures with the
necessary accessibility accommodations. A restroom of the same design
as the one constructed at Rodgers Pool will replace the existing restroom
facility.
The low bid is within the Maxey Pool Restroom-Capital Outlay budget
amount. The low bid is $69,600 from Lubbock Building Services of
Lubbock, Texas.
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September 23, 1999
Page 228
(35.) Bid #99204--Carpet Cleaning Services, Lubbock International
Airport, Annual Pricing (Aviation)
This bid establishes annual pricing for carpet cleaning at Lubbock
International Airport. Approximately 10,750 square feet of carpet will
be cleaned each week. The contract term is for one year with an option
to renew annually for up to two additional years. The low bidder,
Industrial Maintenance and Supply, is the incumbent carpet -cleaning
contractor and has been performing satisfactorily under the current
contract.
The low bid is within the Professional Services budget amount. The low
bid is $27,670.50 from Industrial Maintenance and Supply of Wolfforth,
Texas.
(36.) Resolution No. 6519/Bid #99208—Seed Cart/Air Seeder Lease/
Purchase (Land Application Site)
RESOLUTION NO. 6519
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 Seed Cart/Air Seeder
Lease/Purchase, by and between the City of Lubbock and Abilene AG Ford New Holland
of Abilene, 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 City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Lease Agreement is filed with Resolution No. 6519.
This bid is for a five-year lease/purchase of a seed cart/air seeder used to
plant crops for a cattle grazing lease program on the City of Lubbock
Wilson Land Application Site. The equipment will be used to plant
agricultural crops in a very quick and efficient manner necessary due to
the large number of acres to be planted in a short amount of time.
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Page 229
The low bid is within the Land Application Rent Lease Equipment
budget amount. The low bid totals $90,050.95 to be paid over five years
from Abilene Ag Ford New Holland, Inc. of Abilene, Texas.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions.
The next item considered was Item No. 28.
REGULAR AGENDA
ORDINANCES FOR PASSAGE
(37.) Ordinance No. 10170 authorizing the issuance of no more than
$26,000,000 Tax and Waterworks System Surplus Revenue
Certificates of Obligation, Series 1999A, and authorizing approval of
all necessary documents related to issuance (second and final
reading).
This item was considered following Item No. 31.
ORDINANCE NO. 10170
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1999"; SPECIFYING THE TERMS
AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT
OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF
THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT
AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A
PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND
AN ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
On June 10, 1999, City Council approved a resolution to approve and
authorize publication of notice of intent to sell and notice of sale, for no
more than $26,000,000, in certificates of obligation, for the City of
Lubbock's share of Phase II of the North Panhandle Project.
In 1996, total project costs were projected to be $92,500,000. Phase II
project costs were projected to be $62,000,000. Since then, additional
items have been added to the scope of the project that are expected to
enhance operations resulting in lower long-term operating costs that are
passed on to the City. CRMWA projected an additional funding need of
$66,000,000 to complete the project. Due to the passage of time since
estimates were prepared and the additional items added to the project,
CRMWA and the City of Lubbock agreed to delay the issuance of the
certificates to allow sufficient time for a bid process to more precisely
identify the true cost of the project.
On September 15, 1999, the CRMWA board approved a total project
cost of $64,000,000; down from their spring estimate of $66,000,000, of
which the City of Lubbock's portion is projected to be approximately
$24, 885,000 (including bond issuance costs).
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The first reading of this bond ordinance was approved by the City
Council on June 24, 1999. This is the second reading of this ordinance
to approve the issuance of bonds for an amount not to exceed
$26,000,000 (final amount to be determined during bond pricing on
September 22, 1999).
CRMWA is scheduled to sell the bonds for all member cities with the
exception of City of Lubbock and City of O'Donnell on September 16,
1999.
The results of the pricing and additional information about the
development of project costs and the nature of the project was presented
as a work session item in the September 23, 1999 City Council meeting.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading Ordinance
No. 10170 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
PUBLIC HEARINGS
(38.) Ordinance No. 10199 - Zone Case No. 2852 (southeast corner of
Brownfield Highway and Upland): Request of Marc Shipton (for
S&S Commercial Properties) for a zoning change from T to IHC for
a retail and office warehouse out of Section AK, Tracts B, C, B-1,
B-3, D, D-1, Block 30 (first reading).
ORDINANCE NO. 10199
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2852; A ZONING CHANGE FROM T TO IHC
ZONING ON SECTION AK, TRACTS B, C, B-1, B-3, D, D-1, BLOCK 30,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:53 a. in. No one appeared
to present the zone change, and no one appeared in opposition. Mayor
Sitton closed the hearing at 11:54 a. in.
The area proposed for zoning is within the area annexed last January.
While the Planning Commission and City Council have not yet adopted
an updated Comprehensive Land Use Plan, this request is within an area
targeted as commercial on the current Plan. The existing Plan extended
policies for commercial and residential, on an unofficial basis, into the
areas outside the City although staff had no zoning control until the areas
were annexed. Adjacent land uses:
North - Brownfield highway
South - vacant and residential (proponent lives there)
East - residential (and a non -conforming elk herd)
West - commercial
The request will conform with the Comprehensive Land Use Plan that is
currently in draft. The staff has proposed IHC be used for proposed
commercial zone cases in the East/West freeway corridor and along the
Brownfield Highway. The proposed use should have little effect on
traffic.
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Page 231
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10199
-- as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(39.) Ordinance No. 10200 - Zone Case No. 2854 (3409 19th Street:
Request of Joe D. McKay (for Alan Henry) for a zoning change from
R-1 to GO for garden offices on Lots 5 and 6, Block 1, Westlawn
Addition (first reading).
ORDINANCE NO. 10200
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2854; A ZONING CHANGE FROM R-1 TO GO
ZONING FOR GARDEN OFFICES ON LOTS 5 AND 6, BLOCK 1, WESTLAWN
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:55 a. in. Joe D. McKay
appeared on behalf of Alan Henry. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:56 a. in.
The structure is a leave out within an existing AM zoned area along 19th
Street. The GO request will allow only professional offices. Adjacent
land uses:
North - Texas Tech University
South - professional offices
East - professional offices
West - professional offices
The request is consistent with both zoning and Comprehensive Land Use
Plan polices. The request should have no adverse effect on traffic in the
area.
The Planning and Zoning Commission recommended approval of the
request.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10200
as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmember McDougal was away from the dais.
(40.) Ordinance No. 10201 - Zone Case No. 2857 (north of U. S. Highway
62-82 and east of Olive Avenue: Request of Hugo Reed and
Associates (for Auction Systems of Lubbock) for a zoning change
from R-1/T to M-2 Specific Use for an automobile impound lot on a
portion of land out of Section 25, Block A (first reading).
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ORDINANCE NO. 10201
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2857; A ZONING CHANGE FROM R-1/T TO M-2
SPECIFIC USE FOR AN AUTOMOBILE IMPOUND LOT ZONING ON A
PORTION OF LAND OUT OF SECTION 25, BLOCK A, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:57 a. in. Terry Holman of
Hugo Reed and Associates appeared on behalf of Auction Systems of
Lubbock. No one appeared in opposition. Mayor Sitton closed the
hearing at 11:58 a. in.
The request would expand a facility where damaged vehicles are
collected for auction. No wrecking or sales of parts occurs at the site.
Adjacent land uses:
North - vacant, close to the city limit
South - existing vehicle auction
East - residential
West - vacant
The Comprehensive Land Use Plan anticipates IDP or Industrial Park to
a depth of 660 feet along the north side of the Idalou Highway within
this square mile. The dimension of the existing zoning off the Idalou
Highway meets the approximate policy dimensions for IDP. The
extended compound lot would carry the industrial zoning 1,600 feet
north of the 660-foot policy line. The request requires a minor change to
the Plan by extending. Policy for the area now is residential.
Zoning policy discussion should consider the impact of this use on the
adjacent residential. There was a negative reaction from the
neighborhood in the original request. For this expansion, there has been
no opposition and several positive letters. A solid perimeter fence would
protect the area to the east. The proposal would have little effect on
traffic in the area.
With all due respect to the existing residential to the east, the prospect of
residential in this area north of the Idalou Highway in the near future is
remote. Since there is no outcry from the existing adjacent residential
and since Auction Systems is proposing a good screening fence to buffer
those folks, the staff found no fault with the request. The Planning and
Zoning Commission motion to approve does reflect a minor change to
the Land Use Plan.
The Planning and Zoning Commission recommended approval of the
request subject to the following conditions:
1. That a solid screen fence shall be provided on the perimeter of
any developed portion of the lot.
2. That there be no sale of auto parts or portions of wrecked
vehicles to the general public.
3. That no vehicle shall be crushed or otherwise destroyed on this
parcel.
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4. That no vehicle shall remain on the property for longer than
twelve months unless extenuating circumstances are verified to
the Director of Planning.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10201 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(41.) Ordinance No. 10202 - Zone Case No. 2497-B (north of north Loop
289 and east of University: Request of Hugo Reed and Associates (for
Warlick Carr for Annie Lou Adams Estate) for a zoning change
from R-1 to IHC for manufactured home sales on a portion of land
out of Section 11, Block A (first reading).
ORDINANCE NO. 10202
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2497-13; A ZONING CHANGE FROM R-1 TO IHC
ZONING ON A PORTION OF LAND OUT OF SECTION 11, BLOCK A,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:01 p. in. Warlick Carr
appeared on behalf of the Annie Lou Adams Estate. David Langston
appeared in favor of the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 12:06 p. in.
The request would accommodate a sales lot for manufactured homes.
Adjacent land uses:
North - vacant
South - Loop 289
East - vacant
West - Ex Fab Industries
The square mile between the Loop and Kent from University to the
railroad tracks on the east is targeted as Industrial Park on the
Comprehensive Land Use Plan. Since the Council upheld a Planning
Commission denial of a smaller area of land several months ago, the
proponent has amended the case in terms of size and zoning district
requested. Representatives of Clayton Homes have met with Ex Fab
officials and have jointly agreed to the zoning as recommended by the
Planning Commission. With the agreement, the discussion by all parties
at the Commission meeting was less extensive and far more congenial.
Discussion in the previous request involved a long time "vision" for this
area as a high tech industrial area versus what is fundamentally a policy
zone case within the generic Comprehensive Land Use Plan guidelines.
While the desire remains that the high tech area would become a reality,
the owner of the property has an opportunity to sell to Clayton Homes.
The offer creates a disparity between long-term hopes and an otherwise
policy request.
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With the amended request and support of Ex Fab officials, the staff
supported the recommendation of the Planning and Zoning Commission
subject to the following conditions:
1. IHC limited to the following uses:
a. Manufactured home sales facility(ies)
b. All C-3 permitted uses
C. Hotel or motel
d. Wholesale house
e. Veterinary office or clinic
f. Garden center
g. Greenhouse or plant nursery
2. For any manufactured home sales facility other than the Clayton
Homes lot, a site plan shall be reviewed by the Planning
Commission with notice to adjacent owners, and the new facility
shall conform with the intent outlined in #3 below.
3. The Clayton facility shall be developed consistent with graphics
included in the Zone Case 2497-B file.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10202 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(42.) Ordinance No. 10203 - Zone Case No. 2658-E (south of 50th Street
between Elgin and Gary): Request of Hugo Reed and Associates (for
Mike Lewis and Boardwalk Real Estate) for a zoning change from C-
3 Specific Use to A-2 for apartments on Tracts F, G, H and Tract E,
Boardwalk Addition (first reading).
ORDINANCE NO. 10203
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2658-E; A ZONING CHANGE FROM C-3 SPECIFIC
USE TO A-2 ZONING ON TRACTS F, G, H AND TRACT E, BOARDWALK
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:07 p. m. Terry Holman of
Hugo Reed and Associates appeared on behalf of Mike Lewis and
Boardwalk Real Estate. No one appeared in opposition. Mayor Sitton
closed the hearing at 12:08 p. m.
The property where the Monterey Center was located remains zoned
Specific Use for a shopping center that never materialized. Adjacent
land uses:
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North - commercial, vacant and Wilkins
South - retirement facility and church
East - retirement facility
West - commercial
The request is consistent with both Comprehensive Land Use Plan and
zoning policies. For the center portion of this block, apartments will be
a good infill project. The space along 50th Street will remain zoned
commercial. The proposal should have no serious effect on the
thoroughfare system.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
This proposal will make use of the awkward portion in the center of the
tract. The staff supported the recommendation of the Planning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10203 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(43.) Ordinance No. 10204 - Zone Case No. 2859 (1614, 1616, 1622, 1628,
and 1634 Main: Request of Hugo Reed and Associates (for Robert
Corcorran) for a zoning change from C-3 to C4 on the east one half
of Lot 18 and Lots 19-24, Block 134, Overton Addition (first
reading).
ORDINANCE NO. 10204
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2859; A ZONING CHANGE FROM C-3 TO C-4
ZONING ON THE EAST ONE HALF OF LOT 18 AND LOTS 19-24, BLOCK 134,
OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:09 p. in. Terry Holman of
Hugo Reed and Associates appeared on behalf of Robert Corcorran. No
one appeared in opposition. Mayor Sitton closed the hearing at
12:10 p. in.
The request is from C-3 to C-4. Adjacent land uses:
North - commercial
South - commercial
East - commercial
West - commercial
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. C-4 exists in all directions from this block. The reason
the block is C-3 goes back too far to discover.
The objective of the owner of a closed restaurant at Main and Avenue O
may be the greatest concern for adjacent property owners. Several have
expressed concern that a bar might be opened in the structure. The
building, being zoned C-4 already, could be opened as a bar today
except that the on -site parking requirements cannot be met. If this case
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is expected to solve a parking issue, it will not. The proper forum is
either the Zoning Board of Adjustment or an alley closure to combine the
lots with the restaurant parcel. Nevertheless, with the property
surrounding this parcel being zoned C-4, there should be little objection
to the request. If the intention of the owner is to open a bar in the
building, the adjacent owners will have their say in a ZBA hearing.
The Planning and Zoning Commission recommended approval of the
request.
Randy Henson, Senior Planner, presented staff comments.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Ince to pass on first reading Ordinance No. 10204 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(44.) Zone Case No. 2848 (4722 39th Street): Hold a public hearing to
consider the appeal of Billy J. York for a zoning change from R-1 to
R-2 for duplexes on Lot 7, Block 18, College Heights Addition, and
to consider ordinance.
Mayor Sitton opened the public hearing at 12:12 p. in. Billy J. York
appeared to present the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 12:26 p. in.
The Planning Commission denied this request during the June hearing.
Mr. York appealed the case to City Council. The proposal during the
first hearing was to place three duplex units on a lot at 39th and Utica.
The surrounding area is all zoned single-family, and no duplex units are
within 700 feet of the proposed location. The land use maps in Planning
indicate two duplex units two blocks to the west lane each on two lots.
The Comprehensive Plan reference to duplex zoning is related to using
medium density to buffer single-family from commercial or other
adjacent uses including apartments, churches, or schools. That condition
does not exist at the location proposed by Mr. York. When the staff
visited with Mr. York, he was informed that his request would depend
greatly on the opinion of adjacent owners. Although the neighbors he
talked to indicated support, several reply forms were returned in
opposition, causing the staff to recommend denial. An alternative for
two duplex units was discussed by the staff, but the Planning
Commission opted for denial versus an amended request.
The lot is 100 feet wide and 200 feet deep, obviously much larger than
the standards of today for a single-family lot. With a public hearing for
a replat to smaller lots, Mr. York could (if approved) replat the parcel
into four lots that meet the 5,000 square foot minimum. Thus, the
proposal by Mr. York for two duplex structures (four units) is equal to
the single-family density available with a replat.
The primary discussion should remain acceptability to adjacent property
owners. The surrounding homes are on lots approximately three times
larger than most new platted lots, but that level of density may be the
objective of existing owners. On the other hand, Mr. York is proposing
to clean up and build on a lot that is not an asset to the area.
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The Council heard a revised proposal from what was first submitted to
the Planning Commission (for two duplex units). If Mr. York has
changed the opinion of adjacent owners, the density would not hurt the
area. Otherwise, the staff recommended upholding the denial.
Randy Henson, Senior Planner, presented staff comments.
Motion was made by Councilmember McDougal, seconded by
Councilmember Ince to send this case back to the Planning and Zoning
Commission with the revised proposal. Motion carried: 6 Yeas, 0 Nays.
(45.) Ordinance No. 10205 amendment to the Code of Ordinances of the
City of Lubbock to amend the IHC (Interstate Commercial) District
providing for a conditional use allowing "Outdoor markets, limited
to farm products, new merchandise, and collectibles" (first reading).
ORDINANCE NO. 10205
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-19.3 ENTITLED "CB-4 CENTRAL BUSINESS
DISTRICT" TO ADD A CONDITIONAL USE AT SECTION 29-19.3(d)(2), FOR
OUTDOOR MARKETS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:32 p. in. No one appeared
to speak at the hearing. Mayor Sitton closed the hearing at 12:33 p. m.
Recently, several persons have contacted Jim Bertram about the
possibility of having outdoor booths for the sale of novelty items or
crafts in the Depot District. One of the successes in Lubbock for having
less "clutter" in commercial districts has been the requirement that all
business be conducted inside a building. The flea market atmosphere is
not normally considered an asset to a commercial area.
The staff visited with representatives from the Depot District and has
proposed an amendment to the Interstate Commercial District that will
benefit several groups. For a number of years, various organizations
have tried to cultivate a successful farmers market in Lubbock. Being
seasonal and volume of customers seems to make the efforts difficult.
The current market on South Plains Fair property is operating as a
"temporary land use" approved by the ZBA. This proposal would allow
them to become a permanent operation.
As proposed, the outdoor sales will be a conditional use considered by
the ZBA with a public hearing. The sale items will be limited to farm
products, new merchandise, and collectibles. Although the ability will
exist for any property zoned IHC, the feeling is that the only area where
a vendor could make a go of a business, with the limitation on items to
be sold, would be in the Depot District. Even in other areas along the
Interstate, such outside activities should not create the clutter associated
with old style flea markets specializing in used goods.
The Planning and Zoning commission recommended the amendment to
the City Council.
The staff supported the recommendation of the Planning Commission.
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Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10205
with the following change: deleting "collectibles". Motion carried:
6 Yeas, 0 Nays.
STRATEGIC PLANNING
(46.) Resolution No. 6521 authorizing the Mayor to execute an interlocal
agreement with the Lubbock/Reese Redevelopment Authority for
governmental services.
RESOLUTION NO. 6521
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 on behalf of the City of Lubbock an Interlocal Agreement and any associated
documents for various governmental services by and between the City of Lubbock and
Lubbock -Reese Redevelopment Authority, which Agreement is attached hereto and which
shall be a part of this Resolution as if fully copied herein in detail.
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine
Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Interlocal Agreement is filed with Resolution No. 6521.
The Lubbock/Reese Redevelopment Authority (LRRA) requested that the
City of Lubbock consider providing certain governmental services to
LRRA through an interlocal agreement. The scope of services includes
water utilities and street maintenance, solid waste and fire prevention and
suppression.
Water utilities and street maintenance will be performed on a work order
basis with full cost recovery. Solid waste services will be provided at
the same rates charged within the city. Fire prevention services will be
provided for an annual fee of $13,828. Fire suppression services will
be provided for $3,384 per response, the Fire Department's average cost
of response within the city. Fire response times will be more lengthy
than those in the city.
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Page 239
The proposed agreement is for one year with early termination by either
party with thirty days written notice.
Bob Cass, City Manager, presented staff comments.
Staff recommended City Council approval of the resolution.
Motion was made by Councilmember Ince, seconded by Councilmember
Patterson to pass Resolution No. 6521 as recommended by staff. Motion
carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
(47.) Consider an ordinance amending the hotel occupancy tax subsection
26-2(b)(2) of the Code of Ordinances of the City of Lubbock (first
reading).
This item was deleted.
(48.) Consider a resolution authorizing the Mayor to execute an agreement
between the Texas Aviation Heritage Foundation, Inc. (TAHFI) and
the City of Lubbock to operate and lease the Silent Wings Museum.
This item was deleted.
(49.) Resolution No. 6522 authorizing the Mayor to commit $600,000 local
matching funds for a $2,400,000 Texas Department of
Transportation (TxDOT) grant for a Transportation Heritage Park
(Silent Wings Museum).
RESOLUTION NO. 6522
WHEREAS, the training of pilots to fly gliders during World War II was a key
in America's victory in World War II; and
WHEREAS, Lubbock and the current site of Lubbock International Airport
played a key role in training pilots to fly gliders; and
WHEREAS, on August 12, 1999, the Lubbock City Council committed a 10
acre site at Lubbock International Airport to assist the Texas Aviation Heritage
Foundation, Inc. (TAHFI) in creating a one -of -a -kind world class Texas Transportation
Heritage Park (Silent Wings Museum); and
WHEREAS, the City of Lubbock and TAHFI need grant funds assistance from
the Texas Department of Transportation Enhancement Program to make the Silent
Wings Museum a reality; and
WHEREAS, a local cash match is needed to secure said grant funds; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock is committed to the development, implementation,
construction, maintenance, management and financing of the Silent Wings Museum as a
one -of -a -kind world class Texas Transportation Heritage Park at Lubbock International
Airport; and
THAT the City of Lubbock will commit $600,000.00 as a local match to secure
$2,400,000.00 in Transportation Enhancement Program funds upon execution of an
acceptable grant agreement with the Texas Department of Transportation.
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Regular City Council Meeting
September 23, 1999
Page 240
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Managing
Director of Strategic Planning
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A little over a year ago, the City of Lubbock dedicated ten acres of land
for a museum center at Lubbock International Airport. The land will be
the site of the Texas Transportation Heritage Park (Silent Wings
Museum), a cluster of transportation museums that will be developed
over a period of several years and operated by the Texas Aviation
Heritage Foundation, Inc (TAHFI). Ultimately, TAHFI intends to create
a complete learning center that will include museums, archives, meeting
facilities and interactive exhibits. The learning center will focus on the
role that transportation has played in the development of Texas and the
South Plains Region.
TAHFI will eventually be authorized to operate the museums located in
Transportation Heritage Park through a license agreement with the City
of Lubbock. This agenda item involves approval of the resolution for
the first museum in the park. Named the "Silent Wings Museum", it
will focus on the story and legacy of the military glider pilots that trained
at Lubbock International Airport during World War II. The museum
will include approximately 20,000 square feet of exhibit space, an
archival center, a workshop, and a small auditorium.
This resolution commits the required local cash match, of which 50
percent ($300,000) will be recaptured as a license fee from TAHFI over
a twenty year period. If the $2.4M grant is awarded, a City/TAHFI
agreement will follow that commits TAHFI to repay $300,000 and to
manage and operate the museum. Under the agreement, TAHFI would
bear full responsibility for the cost of construction and operation of the
museum, and would be required to dedicate all revenues derived from
the museum to the on -going operation and maintenance of the facility and
the collection that it houses. Ownership of the park, the museum, its
artifacts, and any funds dedicated to the preservation of the collection
would rest with the City.
The license also includes a reimbursement agreement that describes
TAHFI's responsibilities as sponsoring entity for a $2.4 million grant
that will fund the $3,000,000 total construction cost of the museum and
its supporting infrastructure. The City would apply for the grant under
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Regular City Council Meeting
September 23, 1999
Page 241
the TxDOT Transportation Enhancement Program, and would be
responsible for ensuring that all financial and operational commitments
are met. The agreement would require TAHFI to reimburse the city for
half of the $600,000 local matching share of the project. The initial
$600,000 local match to the grant will be from the hotel/motel tax fund.
The $300,000 commitment would be raised through TAHFI's fund
raising efforts, and would be paid to the City over a 20-year period,
interest -free.
The City's Legal Department worked on the terms of the agreement with
attorneys from TAHFI.
Pending final agreement with TAHFI attorneys on conditions of the
license agreement, staff felt that using hotel/motel tax revenue, involving
an approximate 9:1 leverage, to gain what could become a one -of -a -kind
world class visitor attraction is a good investment, and this resolution
should be approved.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6522 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(50.) Resolution No. 6523 authorizing the City of Lubbock nomination of
five candidates to be placed on the ballot for election to the Lubbock
Central Appraisal District Board of Directors.
RESOLUTION NO. 6523
WHEREAS, there has been enacted in the State of Texas an Act relating to ad
valorem taxation of property (S.B. 621), and this Act applies to and is controlling on the
City of Lubbock, Texas, as a taxing unit; and
WHEREAS, there is created under the provisions of this Act, a Board of
Directors to govern the Appraisal District established by the Act. The City of Lubbock
is desirous of nominating candidates to be placed on the ballot for election to this Board
of Directors upon the next election as provided by this Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following persons are nominated by the governing body of the City
of Lubbock as candidates for positions on the Board of Directors of the Appraisal
District created for the County of Lubbock, and that the names of these candidates be
submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed on
the ballot for election to such positions at the next election for such purpose.
W. B. CRISWELL ARLEE JACKSON
LEROY MONTOYA MARLAND RIBBLE
RICHARD SPIKES
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Regular City Council Meeting
September 23, 1999
Page 242
Passed by City Council this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Director
of Management Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
The Property Tax Code establishes a selection process for Appraisal
District directors. These directors serve two-year terms, with the next
term beginning January 1, 2000. The process for election of the
Appraisal District directors is not an "election" governed by the Texas
Election Code, but an independent procedure which is unique to the
property tax system.
The Chief Appraiser calculates the number of votes to which each voting
taxing unit is entitled and delivers that notice to the appropriate officers
of each jurisdiction. The City of Lubbock has received that notice from
the Lubbock Central Appraisal District (LCAD). Included in agenda
back-up material is a copy of the 1997 calculation of votes for LCAD.
There are five directors serving on the LCAD board. Gene Ehler is not
available to serve another term on the LCAD Board and the remaining
four, W. B. Criswell, LeRoy Montoya, Marland Ribble, and Richard
Spikes, are eligible for re-election.
Arlee Jackson is recommended for nomination to replace Gene Ehler.
LISD supports this recommendation. Mr. Jackson is retired from LISD
and served as principal at Isles Elementary and Director of Head Start.
He is currently employed with Primerica Insurance and served on the
LCAD Appraisal Review Board from 1991-1994.
The Council was asked to approve a resolution nominating candidates to
be placed on the ballot.
After the nominations have been submitted, the selection process is as
follows:
♦ Before October 30, the chief appraiser will prepare a ballot listing
the candidates and deliver the ballot to each governing body
eligible to vote.
♦ Before November 15 each taxing entity will determine its vote by
resolution and submit to the chief appraiser.
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Regular City Council Meeting
September 23, 1999
Page 243
♦ Before December 1 the chief appraiser counts the votes and
declares the five candidates with the greatest cumulative number
of votes elected. The chief appraiser may resolve a tie by any
method of chance.
Staff recommended approval
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 6523 as recommended
by staff and nominate W. B. Criswell, Arlee Jackson, LeRoy Montoya,
Marland Ribble, and Richard Spikes to the Lubbock Central Appraisal
District Board of Directors. Motion carried: 6 Yeas, 0 Nays.
(51.) Resolution No. 6524 canvassing the returns and declaring the results
of the City Special Bond Election held on September 18, 1999.
RESOLUTION NO. 6524
A RESOLUTION canvassing the returns and declaring the results of the bond
election held September 18, 1999.
WHEREAS, an election was held in the City of Lubbock, Texas on the 18' day
of September, 1999, for the purpose of submitting certain propositions for the issuance
of bonds to the resident electors of the City; and
WHEREAS, it is hereby found and determined that notice of the election was
duly given in the form, manner and time required by law, and said election was in all
respects legally held and conducted in accordance with applicable laws of the State of
Texas and the proceedings calling and governing the holding of such election; and
_ WHEREAS, the returns of said election have been duly and legally made and
submitted to the City Council for canvassing, and a tabulation of the returns for each
polling place and for early voting, as canvassed and tabulated by this governing body
and shown in Exhibit A attached hereto, reflect that the sum of precinct totals "FOR"
and "AGAINST" each measure submitted are as follows:
PROPOSITION NO. 1
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF
$17,165,000 FOR STREET IMPROVEMENTS"
"FOR" 6,589 votes "AGAINST" 2,244 votes
PROPOSITION NO. 2
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF
$2,160,000 FOR DRAINAGE IMPROVEMENTS"
"FOR" 6,929 votes "AGAINST" 1,937 votes
PROPOSITION NO. 3
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF
$3,295,000 FOR TRAFFIC SIGNALIZATION"
"FOR" 6,072 votes "AGAINST" 2,763 votes
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Regular City Council Meeting
September 23, 1999
Page 244
PROPOSITION NO. 4
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF
$14,765,000 FOR PARK IMPROVEMENTS"
"FOR" 4.911 votes "AGAINST" 3.891
votes
PROPOSITION NO. 5
"THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF
$475,000 FOR A REGIONAL ARTS CENTER"
"FOR" 4.082 votes "AGAINST" 4.655 votes
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK, TEXAS:
SECTION 1: That all of the recitals contained in the preamble of this resolution
are found to be true and are adopted as findings of fact by this governing body and as
part of its judgment.
SECTION 2: That it is further found and determined that the results of the
election are as canvassed and tabulated in the preamble hereof and in Exhibit A
attached hereto, and, a majority of the electors voting at said election having voted in
favor of propositions numbered 1, 2, 3, 4, and 5 the City Council is hereby declared to
be authorized and empowered to issue bonds of the City in the amounts and for the
purposes stated in said propositions numbered 1, 2, 3, 4 and 3; all as more fully set
forth and identified above and in the proceedings ordering said bond election.
SECTION 3: That the City Secretary is hereby authorized and directed to make
the appropriate entries of information appearing in the tabulation of precinct results
shown in Exhibit A attached hereto in the election register maintained by the City in
accordance with provisions of Section 67.006 of the Election Code.
Passed and Approved this 23rd day of September, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
A copy of Exhibit A is filed with Resolution No. 6524.
The governing body is required to canvass election results not earlier
than the second day nor later than the sixth day after election day. Each
Councilmember will be provided with tabulation sheets showing the
number of votes cast for each proposition. The resolution will canvass
the returns and declare the results of the Special Election for each of the
five bond propositions.
The City Secretary recommended to Council to adopt the following
Special Bond Election results:
Regular City Council Meeting
September 23, 1999
Page 245
For
Against
Proposition No. 1
Streets Projects
6,589
2,244
Proposition No. 2
Drainage Projects
6,929
1,937
Proposition No. 3
Traffic Signalization
6,072
2,763
Proposition No. 4
Parks Improvements
4,911
3,891
Proposition No. 5
Regional Arts Center
4,082
4,655
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to pass Resolution No. 6524 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
12:48 P. M. COUNCIL RECESSED
1:37 P. M.
1:37 P. M.
ATTEST:
COUNCIL RECONVENED
COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Cooke made a motion to adjourn; Councilmember McDougal seconded
the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the
majority of remaining Council present at adjournment: Mayor Pro Tern
Ince and Councilmembers Cooke, McDougal and Nelson.
Read and approved this _ day of
2000.
INDY SI N, MAYOR
245