HomeMy WebLinkAboutMinutes - City Council - Regular - 9/7/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
10:00 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 7th
day of September, 2004, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 10:00 A. M.
10:00 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Floyd Price
Absent: Council Member Phyllis Jones
The first items considered were Items 2-5.
Executive Session was considered following Item 5 and was the last
item considered.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
personnel and discuss or deliberate regarding commercial or financial
information from an economic development business prospect seeking
to locate, stay, or expand in or near Lubbock as provided by
Subchapter D of Chapter 551 of the Government Code, the Open
Meetings Law."
10:06 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member Jones.
( 1.} Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary; Police Chief) and take
appropriate action.
(IA.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial
or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental
body and with which the governmental body is conducting economic
development negotiations (Community Services).
This was the last item considered and Council adjourned at 11:35
A. M.
Items 2-5 were the first items considered.
(2.) Resolution No. 2004-RO418 proposing the tax rate of $0.4597 per $100
valuation for the FY 2004-05 budget.
RESOLUTION NO.2004-RO418
WHEREAS, Section 26.05(d) of the Tax Code of the State of Texas, in certain
events, requires notice of a proposed increase in property tax revenue even if the actual
property tax rate decreases; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the tax rate for FY 2004-2005 is proposed at $0.4597 per $100 valuation,
which amount will result in a tax revenue increase because of new construction and
revaluation of property by the tax appraisal district, notwithstanding the decrease in the
property tax rate; and
Special City Council Meeting
September 7, 2004
THAT a public hearing be held on the proposed tax rate and that notice be
published of the date, time, and place of the hearing, and providing information about the
proposed tax rate at least seven (7) days before the public hearing.
Passed by the City Council this 7th day of September, 2004, by the following vote:
For the Proposal:
Marc McDougal
Tom Martin
Jim Gilbreath
Gary Boren
Council Members present but not voting:
Council Members absent: Phyllis Jones
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
CFO/ Assistant City Manager
APPROVED AS TO FORM:
Against the Proposal:
Linda DeLeon
Floyd Price
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
Municipalities may adopt and levy a tax rate of up to 3% above the
effective rate (that rate which will generate the same amount of revenue
from the same property on the tax rolls the prior year) without publication
of notices and a separate hearing to discuss the tax rate.
State law requires that notices be published and an additional public
hearing (in addition to the regular public hearing on the budget) be held
for an increase in property tax revenue over the prior year (3% above the
effective rate), regardless of whether the increase is a result of revaluation
or new improvements.
The proposed property tax rate of $0.4597 per $100 valuation for the FY
2004-05 Operating Budget, although lower than the current FY 2003-04
rate of $0.5457, will raise more property tax revenues than the prior year
(after it has been revised for the 2/8`h cent new sales tax).
The notice and hearing process is outlined below:
Special Meeting
September 7 Consider Resolution 1:
Discuss proposed tax rates for FY 2004-05 budget.
Council action required:
• Official vote by the Council of its intent to place a
proposal to adopt a tax rate of $0.4597 per $100
valuation, which is greater than 103 percent of the
effective tax rate, on the September 16 agenda.
• Record vote.
176
Special City Council Meeting
September 7, 2004
• If motion passes, schedule a public hearing for
September 16 at 5:00 p.m. for public input on
proposed tax rate.
Consider Resolution 2:
Discuss and set date for public hearing on the
proposed tax rate for the FY 2004-05 budget.
• If motion passes, schedule a public hearing for
September 16 at 5:00 p.m. for public input on
proposed tax rate.
September 8 or 9
Publish Notice of Budget Public Hearing (classified
section — routine).
Publish `/ page ad Notice of Public Hearing on Tax
Increase (size and wording prescribed by state law).
September 8
Post Notice of Public Hearing on Tax Increase on the
web site and television station (CNC-2). The City
will post the notice of the public hearing on the web
site at least seven days immediately before the
hearing. The station will carry a 60-second notice of
the public hearing at least five times a day between
7:00 a.m. and 9:00 p.m. The notice will run for at
least seven days.
September 16
5:00 p.m. — Public Hearing on proposal to increase
tax revenues.
Quorum of Council is required. At the conclusion of
the public hearing, the Council must set and announce
the date, time and place at which it will hold a public
meeting to adopt and levy the tax rate. The date is
scheduled for September 281h at City Hall, 1625 13"
Street.
5:15 p.m. — Public Hearing on Budget
• First reading of Budget Ordinance
• First reading of Tax Rate Levy Ordinance
• First reading of any utility rate change ordinances
September 19 Publish % page ad Notice of Vote on Tax Rate. Must
be published before meeting to adopt and levy tax
rate.
The City of Lubbock shall post the Notice of Vote on
Tax Rate at least seven days immediately before the
date of the vote on the proposed tax rate on its web
site.
The City television station shall carry a 60-second
Notice of Vote on Tax Rate at least five times a day
between 7:00 a.m. and 9:00 p.m. The notice will run
for at least seven days immediately before the vote on
the proposed tax rate.
September 28 Second reading of ordinances to adopt budget, adopt
and levy tax rate and adopt any rate change
ordinances. After adoption, a copy of the final budget
is filed with the City Secretary and County Clerk's
Office.
FISCAL IMPACT:
As shown in the Proposed FY 2004-05 Operating Budget.
177
Special City Council Meeting
September 7, 2004
Vote by the City Council of its intent to adopt a tax rate of $0.4597 per
$100 valuation, which is greater than 103 percent of the effective tax rate
($0.45576 per $100 valuation).
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2004-RO418 as recommended by
staff. Motion carried: 4 Yeas, 2 Nays. Council Members DeLeon and
Price voted Nay.
(3.) Resolution No. 2004-RO419 setting the date for a public hearing on the
proposed tax rate for the FY 2004-05 budget.
RESOLUTION NO.2004-RO419
WHEREAS, the City Council of the City of Lubbock desires to place a proposal
to adopt a property tax rate that will result in additional revenue as outlined in Section
26.05(d) of the Tax Code of the State of Texas, notwithstanding the decrease in the
proposed property tax rate, on the agenda of a future meeting as an action item and
schedule a public hearing; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a public hearing shall be held on September 16, 2004, at 5:00 p.m. in
Council Chambers, 1625 13th Street, Lubbock, Texas; and
THAT notice be published of the date, time, and place of the hearing, and providing
information about the proposed tax rate at least seven (7) days before the public hearing.
Passed by the City Council this 7th day of September, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
CFO/ Assistant City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
After the Council votes to place a proposal to adopt a tax rate over 103
percent of the effective tax rate, which will result in an increase of tax
revenues, that vote must be recorded. Upon passage, a public hearing must
be scheduled to allow public input on the proposed rate.
FISCAL IMPACT:
Not applicable.
Staff recommended that the tax rate public hearing take place September
16, 2004 at 5:00 p.m., with the budget public hearing following at 5:15
p.m. Staff recommended that both of these be scheduled in the evening to
provide opportunity for citizen input.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO419 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
178
Special City Council Meeting
September 7, 2004
(4.) Resolution No. 2004-RO420 authorizing the Mayor to sign a second
amendment to the Interlocal Agreement, effective on November 11,
1999, by Resolution No. 6615 and first amended on November 27,
2000 by Resolution No. 2000-R0425, with Garza County for law
enforcement at Lake Alan Henry.
RESOLUTION NO. 2004-RO420
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 second Amendment to the
Interlocal Agreement, effective on November 11, 1999 by Resolution No. 6615 and first
amended on November 27, 2000, by Resolution No. 2000-R0425, between the City of
Lubbock and Garza County, Texas, for law enforcement at Lake Alan Henry. Said
Amendment to the Interlocal Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 7th day of September 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Mann
Tom Mann, Assistant Chief of Police
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
This Interlocal Agreement was first entered into in 1999 and was amended
in 2000. The amendments currently before Council remove requirements
from the agreement, which are no longer necessary, and add requirements
for Garza County to send activity reports to the City. Additionally, the
work hours are adjusted and the Garza County Dive Team is made
available.
FISCAL IMPACT:
None.
The Police Department is still negotiating this amendment with Garza
County. Should an agreement be reached, the Police Department will
recommend Council approval. Should no agreement be reached, the Police
Department will recommend that Council authorize the Mayor to notify
Garza County of the City's intention not to renew the agreement. The City
must notify Garza County of any intention not to renew this agreement by
September 12, 2004. The agreement will continue in effect until it expires
on November 12, 2004.
Even if this notification takes place, an agreement can still be reached and
the Police Department can return to Council and ask for approval before
the current agreement ends.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to pass Resolution No. 2004-RO420 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
179
Special City Council Meeting
September 7, 2004
(5•) Resolution No. 2004-RO421 authorizing the Mayor to execute a license
agreement with the West Texas Firefighter Memorial Organization
(amendment to Articles of Incorporation is pending for name change
to Lubbock Regional Public Safety Memorial Organization) to build
the Public Safety Memorial at Jack Stevens Park, located at 751h
Street and Slide Road.
RESOLUTION NO. 2004-RO421
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 License Agreement by and
between the City of Lubbock and the West Texas Firefighter Memorial Organization
(amendment to Articles of Incorporation are pending for name change to Lubbock
Regional Public Safety Memorial Organization) to build the Public Safety Memorial at
Jack Stevens Park. Said License Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 7th day of September, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
The Lubbock Regional Public Safety Memorial Committee is currently in
the process of securing funding and completing the design phase of a
Public Safety Memorial to be built in Jack Stevens Park. The Committee
has received approval from the Parks Board to use a portion of the park.
The Memorial will be built to honor those public safety professionals from
Lubbock and the surrounding 14 counties, who have lost their lives in the
line of duty. It will also serve as a tribute to those public safety
professionals, who protect the citizens of this region every day. The
memorial will have three distinct focal points: two walls of granite listing
the names of those who have fallen in the line of duty; an area for
fire/EMS personnel with separate walls dedicated to the Lubbock Fire
Department, Lubbock County EMS, Lubbock County fire/EMS agencies
and 14 surrounding county fire/EMS agencies; and another separate area
for law enforcement agencies with walls dedicated to the Lubbock Police
Department, Lubbock County Sheriffs Office, Texas Department of
Public Safety Region 5, Lubbock County law enforcement agencies and
14 surrounding county law enforcement agencies. There will be seven
bronze statues within the memorial: two firefighters; one EMS paramedic;
three law enforcement officers; and one bagpiper.
FISCAL IMPACT:
There should be no fiscal impact for the use of the land.
Staff recommended approval of this license agreement.
180
Special City Council Meeting
September 7, 2004
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to pass Resolution No. 2004-RO421 as recommended by staff.
Motion carried: 6 Yeas, 0 Nays.
The next items considered were Items 1-1A in Executive Session.
11:35 A. M. COUNCIL RECONVENED
11:35 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved this day of/ c,�, 200d.
MCDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary'
181