HomeMy WebLinkAboutResolution - 2001-R0026 - Intention To Provide For Venue Projects - 01/25/2001Resolution No. 2001-80026
January 25, 2001
Item No. 52
RESOLUTION
A RESOLUTION PROVIDING FOR THE PLANNING, ACQUISITION,
ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR RENOVATION OF VARIOUS
PROJECTS AS "VENUE PROJECTS" AUTHORIZED BY CHAPTER 334, SECTION
334.001(4)(A), TEXAS LOCAL GOVERNMENT CODE AS AN ARENA, COLISEUM,
STADIUM, OR OTHER TYPE OF AREA OR FACILITY THAT IS USED OR IS PLANNED
FOR USE FOR ONE OR MORE PROFESSIONAL OR AMATEUR SPORTS EVENTS,
4COMMUNITY EVENTS, OR OTHER SPORTS EVENTS, INCLUDING RODEOS,
LIVESTOCK SHOWS, AGRICULTURAL EXPOSITIONS, PROMOTIONAL EVENTS, AND
OTHER CIVIC OR CHARITABLE EVENTS AND FOR WHICH A FEE FOR ADMISSION
TO THE EVENTS IS CHARGED OR IS PLANNED TO BE CHARGED; INCLUDING THE
FOLLOWING IMPROVEMENTS AND RELATED INFRASTRUCTURE AND FINANCING
THEREFOR: (1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX TO BE
LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY
CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF CANYON LAKES DRIVE;
,(2) CONSTRUCTION OF TWO LITTLE LEAGUE BASEBALL FOURPLEXES, ONE TO BE
LOCATED AT THE NORTH RIM OF DUNBAR I4zaTORICAL LAKE (FORMERLY
CANYON LAKE 6) IN THE VICINTITY OF THE 2300 BLOCK OF CANYON LAKES
DRIVE AND ONE TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X AND
LOOP 289; AND (3) IMPROVEMENT OF THE BUDDY HOLLY RECREATION AND
CONCERT AREA AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN
ITHE VICINITY OF THE 1200 NORTH UNIVERSITY AVENUE, WITH ALL APPROVED
PROJECTS TO BE FINANCED BY 5 % OF THE SHORT-TERM MOTOR VEHICLE
RENTAL TAX AND 2 % OF THE HOTEL OCCUPANCY TAX; MAKING PROVISION FOR
SUBMISSION OF THIS RESOLUTION TO THE STATE COMPTROLLER FOR STATE
FISCAL IMPACT ANALYSIS; PROVIDING FOR THE MAYOR TO ISSUE AN
APPROPRIATE ELECTION ORDER CALLING A SPECIAL ELECTION FOR SAID VENUE
PROJECT TO BE CONDUCTED ON MAY 5, 2001, UPON RECEIPT OF APPROVAL OF
THIS RESOLUTION BY THE STATE COMPTROLLER; CONDUCT OF SUCH ELECTION
ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING AN EFFECTIVE
DATE; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE
WHEREAS, the City Council of the City of Lubbock desires to provide for the planning,
luisition, establishment, development, construction or renovation of various projects of the Ci
Lubbock as "venue projects" pursuant to Chapter 334, Section 334.001(4)(A), Texas Local
vernment Code, as amended, which is further described below; and
WHEREAS, said Chapter 334 provides that if said venue projects are approved by the
the City may establish a venue project fund and use money received from the approved
�s of financing such projects to reimburse or pay the costs of planning, acquiring,
shing, developing, constructing, or renovating such approved venue project, pay the
)al of, interest on, and other costs relating to bonds or other obligations issued by the City
to finance an approved venue project, and pay the costs of operating or maintaining an approved
venue project; and
WHEREAS, Chapter 334 requires, and the City Council desires by this Resolution to
designate various "Venue Projects" and to designate the method of financing of such proposed
venue projects; and
WHEREAS, the City Council is authorized by Section 334.024, Texas Local Government
Code, to order an election on the question of approving and implementing this Resolution and
approving the venue project and its financing; and
WHEREAS, Section 334.021 further requires the City, before calling such election to
send a copy of this Resolution to the State Comptroller, who shall before the 15' day after the
date of receipt of a copy of this Resolution, (1) perform an analysis to determine if approval and
implementation of this Resolution will have a significant negative fiscal impact on state revenue,
and (2) provide the City written notice of the results of said analysis; and
WHEREAS, Section 334.021 further provides that if the Comptroller does determine
that implementation will have a significant negative impact on state revenue, the written analysis
must include information on how to change the Resolution so that implementation will not have
a significant negative fiscal impact on state revenue; and
WHEREAS, the City Council further authorizes and directs the City Manager or his
designee to forward a copy of this Resolution to the State Comptroller immediately after final
passage for review and analysis; and
WHEREAS, the City Council further authorizes and directs the Mayor upon receipt of a
favorable analysis of the State Comptroller to issue an appropriate Election Order calling a
Special Election to be conducted on May 5, 2001, with regard to said venue project; and
WHEREAS, it is officially found and determined that the meeting at which this
Resolution was passed was open to the public, and public notice of the time, place and purpose
of said meeting was given as required by Chapter 551, Texas Government Code; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. INTENTION TO PROVIDE FOR VENUE PROJECTS. The City
Council does hereby adopt this Resolution to provide for the planning, acquisition,
establishment, development, construction, or renovation of various City of Lubbock projects as
venue projects pursuant to Sec. 334.001(4)(A) as an arena, coliseum, stadium, or other type of
area or facility that is used or is planned for use for one or more professional or amateur sports
events, community events, or other sports events, including rodeos, livestock shows,
agricultural expositions, promotional events, and other civic or charitable events and for which
a fee for admission to the events is charged or is planned to be charged and which are further
2
described herein; and to provide for the financing thereof by the imposition of a short-term
motor vehicle rental tax and a hotel occupancy tax in the maximum amount specified for each
individual venue project, which amounts taken together shall not exceed 5 % for short term
motor vehicle rentals and 2% hotel occupancy tax as authorized by Chapter 334, Texas Local
Government Code, upon approval of said venue projects and the method of financing thereof by
the voters at an election called for that purpose.
SECTION 2. DESIGNATION AND DESCRIPTION OF THE VENUE PROJECT
AND FINANCING PROVISIONS. The City Council does hereby designate the following City
of Lubbock projects as "Venue Projects" and declares its intention to provide for the planning,
acquisition, establishment, development, construction or renovation and financing of such
projects upon voter approval as provided by Chapter 334, Texas Local Government Code.
1) CONSTRUCTION OF A CHAMPIONSHIP SOFTBALL COMPLEX TO BE
LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY
CANYON LAKE 6) IN THE VICINITY OF THE 2500 BLOCK OF CANYON LAKES
DRIVE. This improvement is authorized by Sec. 334.001(4)(A), Local Government Code, and
the purpose is to provide a venue that will enable the City of Lubbock to host major softball
tournaments, thereby enhancing tourism and economic development for the City of Lubbock.
2) CONSTRUCTION OF TWO LITTLE LEAGUE BASEBALL FOURPLEXES, ONE
BE LOCATED AT THE NORTH RIM OF DUNBAR HISTORICAL LAKE (FORMERLY
(E 6) IN THE VICINITY OF THE 2300 BLOCK OF CANYON LAKES DRIVE AND
E TO BE LOCATED IN THE VICINITY OF NORTH AVENUE X AND LOOP 289. This
ect is authorized by Sec. 334.001(4)(A), Local Government Code, and the purpose is to
Tide a venue that will enable the City of Lubbock to accommodate little league baseball
naments, thereby enhancing tourism and economic development for the City of Lubbock.
3) IMPROVEMENT OF THE BUDDY HOLLY RECREATION AND CONCERT
.EA LOCATED AT LLANO ESTACADO LAKE (FORMERLY CANYON LAKE 2) IN
:E VICINITY OF THE 1200 NORTH UNIVERSITY AVENUE. This project is authorized
Sec. 334.001(4)(A), Local Government Code, and the purpose is to provide a venue that will
ter accommodate outdoor musical concerts and similar community events at that location,
reby enhancing tourism and economic development for the City of Lubbock and at the same
.e providing an enlarged and improved venue for City of Lubbock citizens. A property
cription and map of the area to be improved are attached hereto as Exhibit A and made a
t hereof for all intents and purposes.
SECTION 3. FINANCING PROVISIONS. Financing of the above described venue
projects, including costs of issuance and interest on bonds, if any shall be by the imposition of a
short-term motor vehicle rental tax and a hotel occupancy tax in the amount of 5 % for short
term motor vehicle rentals and 2% hotel occupancy tax as authorized by Chapter 334, Texas
Local Government Code, upon approval of said venue projects and the method of financing
1thereof by the voters at an election called for that purpose.
3
SECTION 4. BALLOT PROPOSITIONS. The proposed venue projects shall be placed
on the ballot to read substantially as follows:
PROPOSTION NO. 1
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AN AMATEUR SPORTS FACILITY, TO -WIT: A CHAMPIONSHIP
SOFTBALL COMPLEX, TO BE LOCATED AT THE NORTH RIM OF DUNBAR
HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2500
BLOCK OF CANYON LAKES DRIVE; AND TO IMPOSE A SHORT-TERM MOTOR
VEHICLE TAX AT THE RATE OF 5 % AND A HOTEL OCCUPANCY TAX AT THE
RATE OF 2% FOR THE PURPOSE OF FINANCING THE CHAMPIONSHIP SOFTBALL
COMPLEX.
FOR:
AGAINST:
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AMATEUR SPORTS FACILITIES, TO -WIT: TWO LITTLE LEAGUE
BASEBALL FOURPLEXES, ONE TO BE LOCATED AT THE NORTH RIM OF DUNBAR
HISTORICAL LAKE (FORMERLY CANYON LAKE 6) IN THE VICINITY OF THE 2300
BLOCK OF CANYON LAKES DRIVE AND ONE TO BE LOCATED IN THE VICINITY OF
NORTH AVENUE X AND LOOP 289; AND TO IMPOSE A SHORT-TERM MOTOR
VEHICLE TAX AT THE RATE OF 5 % AND A HOTEL OCCUPANCY TAX AT THE RATE
OF 2 % FOR THE PURPOSE OF FINANCING THE LITTLE LEAGUE BASEBALL
FOURPLEXES IN THE VICINITY OF DUNBAR HISTORICAL LAKE AND NORTH
AVENUE X AND LOOP 289.
FOR:
AGAINST:
AUTHORIZING THE CITY OF LUBBOCK TO PROVIDE FOR THE PLANNING,
ACQUISITION, ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION OR
RENOVATION OF AN AREA USED FOR COMMUNITY EVENTS, TO -WIT: THE BUDDY
HOLLY RECREATION AREA, LOCATED AT LLANO ESTACADO LAKE (FORMERLY
CANYON LAKE 2) IN THE VICINITY OF 1200 NORTH UNIVERSITY AVENUE AND
APPROXIMATELY DESCRIBED AS BEGINNING AT THE INTERSECTION OF NORTH
UNIVERSITY AVENUE AND CANYON LAKES DRIVE; THEN NORTHWEST ALONG
CANYON LAKES DRIVE TO THE KLFB RADIO STATION ACCESS ROAD; THEN
0
SOUTHWEST TO THE EAST LINE OF BLOCK 8, HILLSIDE ADDITION; THEN SOUTH
TO LLANO ESTACADO LAKE; THEN EAST TO NORTH UNIVERSITY AVENUE; THEN
NORTH TO THE POINT OF BEGINNING; AND TO IMPOSE A SHORT-TERM MOTOR
VEHICLE TAX AT THE RATE OF 5 % AND A HOTEL OCCUPANCY TAX AT THE RATE
OF 2% FOR THE PURPOSE OF FINANCING THE BUDDY HOLLY RECREATION AREA.
FOR:
AGAINST:
SECTION 5. THAT the City Manager of the City of Lubbock or his designee is hereby
authorized and directed to submit this Resolution for review and analysis by the State
Comptroller as soon as practical after its passage by the City Council.
SECTION 6. THAT, upon receipt of notice of non -objection by the State Comptroller to
this Resolution, the Mayor shall order a Special Election be held on the 5th day of May, 2001,
which date is a uniform election date available for municipal elections, to determine whether the
City of Lubbock may plan, acquire, establish, develop and construct the above named venue
projects to be financed by a Short -Term Motor Vehicle Rental Tax at a combined rate of not
more than five percent (5 %) and a Hotel Occupancy Tax at a combined rate of not more than
two percent (2%) pursuant to Chapter 334 of the Local Government Code.
SECTION 7. THAT an electronic voting system shall be used in this election, including
early voting. Ballots shall be prepared in accordance with the applicable provisions of the
Election Code so that voters may cast their ballots either "for" or "against" the measures, which
shall appear on the ballot substantially as stated herein.
SECTION 8. THAT the election shall be held at the voting places set forth in an
appropriate election order to be issued by the Mayor hereafter and all persons qualified to vote
in the City of Lubbock under the election laws of the State of Texas shall be allowed to vote
therein. Said Special Election shall be held and the polling places shall be open from 7:00 A.M.
to 7:00 P.M. and all electors shall vote in the precinct of their residence unless otherwise
provided in the election order. The sealed ballot box procedure established by Subchapter C,
Chapter 127, Texas Election Code shall be used for this election.
SECTION 9. THAT notice of this election shall be published in a newspaper of general
circulation published in the City of Lubbock by publication of this Resolution in its entirety at
least once not earlier than the 30th day or later than the 10th day before election day. In
addition, notice of the election shall be posted as required by the Texas Election Code.
SECTION 10. THAT early voting shall commence on the 18th day of April, 2001 and be
conducted as provided by an appropriate Election Order to be issued hereafter in implementation
of this Resolution.
5
SECTION 11. THAT the City Council hereby finds that the statements set forth in the
recitals of this Resolution are true and correct, and the City Council hereby incorporates such
recitals as a part of this Resolution.
SECTION 12. THAT if any paragraph, sentence, clause, phrase or word of this
Resolution shall be held unconstitutional, invalid or void for any reason, the remainder of this
Resolution shall not be affected thereby.
SECTION 13. THAT this Resolution shall be effective immediately upon passage in
order to ensure that adequate time is available for State Comptroller review and analysis and
submission to the U.S. Department of Justice for preclearance.
Resolved by the City Council on this
T T EST:
City Secretary
APPROVED AS TO CONTENT:
25th day of January , 2001.
LA��' - -j3;�74-
WINDY SITT N, MAY R
Om
Tommy Gon alez, A sistA City Manager
AS TO FORM:
G. Vandiver, First Assistant City Attorney
ddelecU VenProjEl ectl doc
January 17, 2001
19
Resolution No. 2001-R0026
January 25, 2001
Item No. 52
EXHIBIT A(1)
VENUE PROJECT
Metes and bounds description of an area of land designated as the Community Events
Area at Buddy Holly Recreation & Concert Area, Llano Estacado Lake (formerly Canyon
Lake #2).
Beginning at a point which is North 2539.09 feet and West 1123.95 feet from the
southeast corner of Section 17.
Thence S67038'35.14"E a distance of 10.10 feet.;
Thence S 15°43' 1.0542"E a distance of 20.92 feet;
Thence S19044'48.1369"E a distance of 8.38 feet;
Thence S58040'47.48"W a distance of 25.11 feet;
Thence S45052'1 4.7 1 "W a distance of 23.54 feet;
Thence S 16°5'26.97"W a distance of 21.9 feet;
Thence S3°2' 14.33"W a distance of 24.83 feet;
Thence S27°49'7.65"E a distance of 26.88 feet;
Thence S3505'45.28"E a distance of 36.6 feet;
Thence S36°4'26.83"E a distance of 36.43 feet;
Thence S44'3 1'6.6"E a distance of 34.06 feet;
Thence S49°26' 50.54E a distance of 38.75 feet;
Thence S47°38'1 6.13E a distance of 26.43 feet;
Thence S55021'58.53"E a distance of 47.71 feet;
Thence S3804'58.36"W a distance of 21.98 feet;
Thence S50035'59.17"E a distance of 7.33 feet;
Thence S33017'36.73"W a distance of 16.22 feet;
Thence S24032'1 6.18"W a distance of 10.23 feet;
Thence S8'3 1'50.53"W a distance of 18.41 feet;
Thence S1°27'33.08"E a distance of 15.89 feet;
Thence S20°9'33.97"E a distance of 39.34 feet;
Thence S14°32'3.86"E a distance of 16.93 feet;
Thence S12°14'46.72"W a distance of 13.35 feet;
Thence S22'4'1 7.81 "W a distance of 39.85 feet;
Thence S11°28'9.77"E a distance of 7.12 feet;
Thence SO°00'00"E a distance of 4.75 feet;
Thence S9000'0"W a distance of 2.32 feet;
Thence SO°0'0"E a distance of 4.65 feet;
Thence S37°7' 1.64"W a distance of 4.69 feet;
Thence S82°17'32.72"W a distance of 13.58 feet;
Thence S2°14'45.22"E a distance of 10.32 feet;
Thence S79059'30.81"E a distance of 10.4 feet;
Thence S7°34'34.02"E a distance of 20.72 feet;
Thence S85°36'5.14"E a distance of 13.19 feet;
Thence S10°56'20.76"E a distance of 61.32 feet;
Thence N87°31' 11.47"E a distance of 53.78 feet;
Thence N2025'1 3.19"W a distance of 98.24 feet;
Thence N89°35'47.35"W a distance of 57.47 feet;
Thence N3022'0.1175"E a distance of 15.51 feet;
Thence N22059'36.75"E a distance of 33.41 feet;
Thence N14032'3.86"E a distance of 16.93 feet;
2
Thence N12°14'32.62"W a distance of 21.95 feet;
Thence N19°33'38.36"W a distance of 29.31 feet;
Thence N10°23'20.30"W a distance of 18.51 feet;
Thence N2°29'23"E a distance of 11.64 feet;
Thence N30°27'55.39"E a distance of 23.95 feet;
Thence S53°55'47.99"E a distance of 200.05 feet;
Thence N46°22'49"E a distance of 23.76 feet;
Thence S70'1 1'46.08"E a distance of 44.2 feet;
Thence N88°45'40.6"E a distance of 18.72 feet;
Thence N69°5'55.51"E a distance of 27.51 feet;
Thence N42°21'41.22"E a distance of 31.08 feet;
Thence N7001'0.44"E a distance of 9.47 feet;
Thence S7504'6.68"E a distance of 12.56 feet;
Thence S55°27'29.45"E a distance of 394.59 feet;
Thence S58°34' 13.61"E a distance of 66.17 feet;
Thence S70°9' 52.47"E a distance of 53.68 feet;
Thence S77°55'59.07"E a distance of 43.56 feet;
Thence S85050'25.22"E a distance of 128.34 feet;
Thence S7°44'43.23"E a distance of 66.07 feet;
Thence S5100'32.23"W a distance of 60.14 feet;
Thence N67°20'31.7"W a distance of 70.39 feet;
Thence S7002'58.78"W a distance of 30.25 feet;
Thence N55010'0.64"W a distance of 95.67 feet;
3
Thence N78°16'21"W a distance of 179.72 feet;
Thence N82°41'48.07"W a distance of 120.99 feet;
Thence S78°48'5.49"W a distance of 122.44 feet;
Thence N74°49'27.05"W a distance of 64.16 feet;
Thence N89°43'22.28"W a distance of 83.68 feet;
Thence S6600'37.71"W a distance of 65.45 feet;
Thence S78°17'9.56"W a distance of 87.22 feet;
Thence S82°36'50.33"W a distance of 33.06 feet;
Thence N83°31' 19.04"W a distance of 78.92 feet;
Thence N66°43'37.43"W a distance of 30.73 feet;
Thence N55019'46.74"W a distance of 44.92 feet;
Thence N2'45'1 5.75"E a distance of 29.48 feet;
Thence N40°3'38.88"E a distance of 11.63 feet;
Thence N4°40'49.57"E a distance of 17.36 feet;
Thence N29'52'1 6.5 TV a distance of 91.02 feet;
Thence N46°35'23.98"W a distance of 10.05 feet;
Thence N58°9'44.87"W a distance of 84.21 feet;
Thence SO°0'0"E a distance of 327.15 feet;
Thence S89°8'32.22"W a distance of 33.8 feet;
Thence S7V33'54.18"W a distance of 40.96 feet;
Thence S54°57'49.89"W a distance of 32.25 feet;
Thence S40°28' 16.12"W a distance of 28.99 feet;
Thence S53°41'50.42"W a distance of 51.1 feet;
4
Thence S61°55'39.13"W a distance of 39.56 feet;
Thence S74044'41.74"W a distance of 32.3 feet to the point of beginning.
DDElect/VenueEXA l . doc
January 25, 2001
Resolution No. 2001-R0026
January 25, 2001
Item No. 52
Exk;bit A cz)