HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1988 (2)MN
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
SEPTEMBER 8, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 8th day of September, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman
T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bill Maloy, Councilman George Carpenter, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and Deputy City
Secretary Beatrice Cervantes.
Mayor McMinn called the meeting to order at 9:00 a.m.
( l.) The Invocation was given by City Manager Larry
Cunningham.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to approve the Minutes of
the August 25, 1988 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to approve the Minutes of
the August 26, 1988 Special City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays
Citizen Appearances
88-47B-583-545
( 4.) Representatives of the Science Spectrum will
appear to present a status report of the Science
Spectrum and to reguest Council endorsement of
this effort.
Joe McKay, Vice Chairman of the Science Spectrum
Board, appeared to present to Council a progress
report of the Science Spectrum. The Board
requested support of Council in the amount of
$250,000 for capital projects for the Science
Spectrum which is located at 50th and Slide Road.
Mr. McKay reported that the Science Spectrum
Board has raised considerable private funds, but
that this requested amount of $250,000 will be
used for construction of exhibits, for funding
the purchase of various types of equipment, and
to make construction improvements at the existing
facility. Current plans are to have the Spectrum
open by the early part of 1989.
Mr. McKay stated that the Science Spectrum Board
felt that this program offers considerable
advantages to Lubbock as to the attraction of
visitors and conventions, as well as providing a
different and unique art form for the Community.
September 8, 1988
Page 584
88-47B-584-546
( 9•)
88-47B-584-547
(10.)
He recommended that funds for this project be
provided from the Hotel -Motel Tax, and requested
that $125,000 of this be granted as soon as
possible, with the remaining $125,000 to be
granted at the conclusion of the project in 1991.
There was discussion among Council members and
Staff regarding when these funds would be
available and a question raised by Councilman
Maloy concerning the $500,000 previously
committed to the Lubbock Cultural Arts Center.
Mayor McMinn stated Council's assurance that
these funds would not be taken from the $500,000
pledged to the Lubbock Cultural Arts Center.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter and Councilman Patterson
to approve request of the Science Spectrum Board
for funds in the amount of $250,000 for the
Science Spectrum (capital projects). Ms. Baker
stated that Council approval was given with the
understanding that $125,000 of this amount will
be paid October 1, 1989, with the balance of
$125,000 being paid October 1, 1991 (or sooner if
funds are available). Ms. Baker emphasized that
this amount committed to the Science Spectrum
will in no way affect the $500,000 approved for
the Lubbock Cultural Arts Center in an earlier
Council meeting. Motion carried: 7 Yeas; 0
Nays.
Mayor McMinn requested documentation of actual
costs by the Board.
Consider approval of an Oil and Gas Drilling
Permit for Texland Lif-Lubheirs #4.
Dub Bratcher appeared on behalf of Texland
Petroleum to request an Oil and Gas Drilling
Permit for a well designated as Texland Lif-
Lubheirs #4, located on a tract approximately
1,1001 north of Loop 289 and 1,400' east of North
Elder.
Staff indicated by memo that application for
permit to drill was received August 23, 1988 and
is substantially in order.
The production unit is unitized, contains 40
acres, and has a maximum diagonal of
approximately 1,500'. Texland Petroleum Company
proposed the following:
(1) Earth sludge pits and no landscaping at the
well and storage site.
(2) Blow-out protector at a minimum rating of
3,000 psi.
September 8, 1988
Page 585
(3) Disposal of waste materials to be at landfill
approved by the Railroad Commission, and
access to the drill and storage site will be
from Municipal Drive on private property.
Short -Term Impacts:
A minimum impact is expected for the short-term
since McCrory's Warehouse facility is the closest
facility.
Potential Long -Term Impacts:
The land area surrounding and including this
Lease is designated industrial on the
Comprehensive Land Use Plan. No long-term
negative impacts were indicated due to the fact
that existing uses to the west are industrial and
east, agricultural.
Recommended Permit Conditions
1. No hydrocarbon lubricant (waste oil) shall be
used during drilling until after the first
series of surface casing has been set to 350'
or greater.
2. The Permittee shall require that a first
series of casing be set when drilling reaches
a depth of 350-4001. The Permittee shall
notify the Lubbock office of the Texas
Railroad Commission of the intended dates for
casing the well.
3. The first and second series of casing shall
be in substantial compliance with applicable
portions of Rule 13 of the Texas Railroad
Commission.
4. The Permittee shall meet all other conditions
of Section 14, Article VI of the Lubbock Code
of Ordinances those specifications indicated
within the Application of Texland for Texland
Lif-Lubheirs #4.
Subject to these conditions, Staff recommended
approval of Oil and Gas Permit to Texland
Petroleum for Lif-Lubheirs #4.
No one appeared in opposition to this request and
Mayor McMinn closed the Public Hearing.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to approve request of Texland
Petroleum for Oil and Gas Drilling Permit for the
well designated as Lif-Lubheirs #4. Motion
carried: 7 Yeas; 0 Nays.
88-47B-585-548
( 5.) Kay Terrell will appear on behalf of the Wesley
Foundation to request a Loudspeaker Permit for
September 9, 1988.
Kay Terrell appeared on behalf of Texas Tech
Wesley Foundation to request a Loudspeaker Permit
for Friday, September 9, from 9:00 p.m. until
1:00 a.m. at 2420 15th Street (the Wesley
Foundation headquarters) in conjunction with a
"welcome back" dance for Texas Tech students.
September 8, 1988
Page 586
Music will be provided by records and cassettes,
and no alcoholic beverages will be sold.
Ms. Terrell has obtained the necessary signatures
required from the residents and businesses in the
area, with no negative responses noted on the
petition. The Wesley Foundation has met the
requirements of the Ordinance regarding
Loudspeaker Permits.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to approve request of the
Wesley Foundation for a Loudspeaker Permit for
September 9, 1988. Motion carried: 7 Yeas; 0
Nays.
88-47B-586-549
( 6.) ORDINANCE #9223--
Mph on 19th Stree
Milwaukee Avenue.
ORDINANCE #9223
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 19TH STREET (S.H. 114) FROM IOLA AVENUE TO MILWAUKEE
AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO;
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED
HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9223. Motion carried: 7 Yeas;
0 Nays.
88-47B-586-550
( 7.) ORDINANCE #9222--Zone Case #2620 (south of
Southeast Drive and east of Peach Avenue) --
Request of Don Graf (for Ralph Shoberg) for
zoning change from M-2 to M-2 Specific Use on a
portion of Lot 1, Loop Industrial Addition.
ORDINANCE #9222
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2620; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE
PERMIT FOR JUNK YARD, SALVAGE YARDS OR AUTOMOBILE WRECKING YARDS ON A
PORTION OF LOT 1, LOOP INDUSTRIAL ADDITION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Council requested that on second reading, wording
be introduced into the Ordinance to assure that
this property would not become a wrecking or junk
yard in the event this operation ceased;
therefore, Condition D has been added to
Ordinance #9222 to address this issue.
At instruction of Council in Work Session
discussion earlier, City Attorney John Ross added
a sentence to Condition D of this Ordinance to
state that violation of this condition will not
affect zoning of this property.
September 8, 1988
Page 587
Don Graf requested that the
Condition D of the Ordinance
days to 120 days.
time limit in
be extended from 30
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9222 as amended. Motion
carried: 7 Yeas; 0 Nays.
88-47B-587-551
( 8.) ORDINANCE #9224--Setting the Tax Rate for 1988-89
Budget.
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS FOR
THE YEAR 1988, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND
ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF
SUCH TAXES WITHIN THE TIME PROVIDED.
Councilman Phillips asked Assistant City Manager
Robert Massengale how this will impact the
Budget, based upon what Staff projected in July,
to which Mr. Massengale replied that sales tax
revenues are more than what Staff had projected.
Councilman Phillips stated he feels strongly
about the increase and that he agrees with a 1¢
increase, but thinks 3t is too much.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9224. Motion carried: 6
Yeas; 1 Nays-- Councilman Phillips.
(11.) Consider Resolution #2910 accepting paving
improvements constructed by Kerr Construction
Company on Frankford Avenue from 82nd Street to
660' south of 98th Street and 98th Street from
Frankford Avenue to Elmwood Avenue (Project No.
9357).
RESOLUTION #2910
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR
AVENUES AS LISTED BELOW:
WHEREAS, the City of Lubbock heretofore entered into Contract
with Kerr Construction Company for the making of street improvements
on portions of streets and/or avenues in said City including among
other the following:
Frankford Avenue strip paving from 82nd Street to 660
feet South of 98th Street; and
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
terms of said Contract; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portion of Frankford
Avenue and the same are hereby accepted and the City Engineer BE and
he is hereby authorized to direct the final payment to the contractor
in the amount of $5,102.54.
September 8, 1988
Page 588
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 9th day of September, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ZsZ Larry Hertel /s/ J. Worth Fullingim
Larry D. Hertel, City Engineer J. Worth Fullingim,
Assistant City Attorney
This is a routine acceptance of strip paving
improvements on Frankford Avenue that connects
improvements constructed by Lubbock County with
existing paving on 98th Street and on 82nd
Street. The County paved up to the city limits
and this project completes the connection of
paving within the city limits.
The original Contract amount was $109,603.20, and
the final Contract amount is $102,050.80. Final
payment is due Kerr Construction Company upon
this acceptance in the amount of $5,102.54.
Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to authorize Resolution
#2910 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
�1*13 W16-013.3%*9
(12.) Consider Resolution #2911 authorizing the Mayor
to execute a Funding Agreement with Guadalupe -
Parkway Neighborhood Centers, Inc.
RESOLUTION #2911
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 Community Development Funding Agreement/Contract for
architectural/design services and construction of a facility between
the City of Lubbock and Guadalupe -Parkway Neighborhood Centers, Inc.,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
September 8, 1988
Page 589
Passed by the City Council this 8th day of September, 1988.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Ls/ Sandy Ogletree /s/ James P. Brewster
Sandy Ogletree, Community Development James P. Brewster, Civil
Administrator Trial Attorney
COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT FOR
ARCHITECTURAL/DESIGN SERVICES AND CONSTRUCTION OF A FACILITY
BETWEEN
THE CITY OF LUBBOCK AND GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC.
STATE OF TEXAS §
LUBBOCKCOUNTY OF
This Agreement is entered into this 8th day of September, 1988,
between the City of Lubbock, Texas, a home rule municipal
corporation, hereinafter called "City", and Guadalupe -Parkway
Neighborhood Centers, Inc., a nonprofit corporation, hereinafter
called "Grantee".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain
services in its undertaking of a Community Development Plan pursuant
to the Housing and Development Act of 1974, as amended; and
WHEREAS, the Grantee is a nonprofit corporation and a
neighborhood -based organization operating within the boundaries of
the Community Development Block Grant Target Area and offering a
program of services to meet the basic needs of the residents of the
area; and
WHEREAS, the services provided by the Grantee benefit citizens
of the City of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared
the maintenance and operation of a neighborhood center by the Grantee
to be a public purpose; and
WHEREAS, the Grantee and the services it provides have been
found to meet the criteria for funding under provision 570-201(e) of
the Community Development Regulation for Public Services; and
WHEREAS, the accomplishment of the above public purpose is the
predominant purpose of this transaction; continuing supervision by
the City together with statutory and contractual requirements provide
sufficient assurance that the public purpose will be accomplished;
the City Council has found that the Grantee has the special
expertise, knowledge and experience necessary for the operation of a
neighborhood center and that the City will receive adequate
consideration in the form of substantial public benefit;
WHEREAS, the City desires to contract with the Grantee to make
available assistance for architectural/design services and construc-
tion of a multi -purpose building; and
September 8, 1988
Page 590
WHEREAS, it is the desire of the City Council that the Grantee
make a diligent effort to secure the remaining funds necessary for
the project from sources other than CDBG funds prior to initiating
the construction phase of the project.
NOW THEREFORE, the City and Grantee do hereby mutually agree as
follows:
1. The assistance made available through this contract shall
be used by the Grantee solely for the purpose of building design and
construction of a multi -purpose building at the Parkway Community
Center located at 405 N. Quirt and being further described as:
All of Tract C, Mackenzie Manors Addition to the City of
Lubbock, Lubbock County, Texas.
for the use and occupancy by the Grantee as a multi -purpose building
for the residents of the area.
This contract shall commence on or as of September 8, 1988 and
shall terminate on September 7, 1989.
Grantee covenants and agrees that, in the event it desires to
extend the terms of this Agreement beyond its stated date of
expiration, it shall submit a written request for extension at least
30 days prior to the current expiration date hereof. The City is
under no duty or obligation to grant the requested extension and that
before any extension becomes effective, it must be in writing as an
amendment to this Agreement and approved by the City Council of the
City of Lubbock.
2. The City agrees to provide Grantee assistance from
Department of Housing and Urban Development funds in an amount not to
exceed $113,000. It is understood and hereby agreed that it shall be
the responsibility of the Grantee to perform and do the activities
set forth in this agreement as consideration for funds secured and
provided by the City hereunder.
Assistance to be provided will be limited to the following:
a) Up to $12,000 will be made available to the Grantee upon
execution of this agreement for the purpose of securing design
services to develop plans and specifications for the facility.
b) The remaining funds shall be used for the construction of the
multi -purpose building, as well as costs incurred for securing
competitive bids and services for monitoring the progress of
the project. The assistance shall not be used for the purchase
of equipment, fixtures, furnishings or other personalty not an
integral structural fixture.
These funds will not be released until the Grantee has provided
the City with documentation that the matching funds necessary
to completely finance all construction and related costs have
been obtained.
Matching funds, as defined by the Community Development
Advisory Committee may include: cash provided by the agency
from its own funds or other agencies, donations, or grants
other than CDBG; donated construction materials and supplies
which are an integral part of the project; donated equipment
and furnishings which are an integral part of the project (i.e.
permanent playground equipment, desks, chairs, etc.); the fair
market value of land and/or vacant structures donated to the
non-profit agency for the specific purpose of, and required by,
the proposed project; and donated professional services,
including architectural or engineering services required by the
project. The value of.the match is subject to the review and
approval of the City of Lubbock..
September 8, 1988
Page 591
7,1z. .
Items which may not be included in the calculation of the
matching funds include, but are not limited to: the value of
any building or property owned or leased by the non-profit
agency; any salary paid to the staff of the non-profit agency;
volunteer labor; or donated materials, supplies or furnishings
which are not an integral part of the project (i.e. wall
hangings, flowers, decorative items, etc.).
3. Grantee agrees to solicit for architectural/design services
from an adequate number of qualified sources to permit reasonable
competition. Grantee may utilize competitive negotiation procedures
for procurement of these services, whereby competitors' quali-
fications are evaluated and the most qualified competitor is
selected, subject to negotiation of fair and reasonable compensation.
City retains the right to review selection process prior to contract
award. Grantee will execute a contract for services with the
selected firm.
4. Grantee agrees to solicit for construction work through the
competitive bid process. The competitive bid process shall include
formal advertisement, acceptance of sealed bids, and the public
opening of those bids. City retains the right to review all bids
prior to contract award. Prior to award of the construction contract
to the lowest bidder, City will obtain a contractor's clearance from
the Department of Housing and Urban Development. In the event the
low bid contractor is ineligible, the contract shall be awarded to
the next lowest eligible bidder.
City will provide Grantee with a copy of the current U.S.
Department of tabor's Wage Determination. This wage determination
shall be made a part of the bid and contract documents for the
construction contract as required by the Davis -Bacon Act.
5. City agrees to conduct a pre -construction conference for
the purpose of reviewing with the Contractor the Davis -Bacon Act, the
Contract Work Hours and Safety Standards Act, and other applicable
federal, state and local labor requirements.
6. City agrees to pay Grantee based upon the receipt of
request for funds and project expense summary up to $113,000 for
design bidding, contracting and construction costs following
Grantee's initial expense incurred for the above mentioned project.
Grantee will make payments in a timely manner to the
Architectural/Design Firm and to the Contractor as provided in the
contracts between Grantee and Architectural/Design Firm or
Contractor. Grantee's payments to the Contractor will be made upon
receipt by the Grantee of acceptable certificates of payment
previously approved by the Architect employed for this purpose, or
the project manager.
In the event Grantee has not used the entire funded amount upon
the completion of this project, Grantee shall refund City that unused
portion within 30 days of the completion of this project.
Any program income received or accounts receivable which are
attributable to the use of CDBG funds are to be returned to the City.
7. During the period of construction, the City agrees to
assume responsibility for Contractor's compliance with all labor
standards provisions applicable to the Community Development Block
Grant Program. City shall certify on each periodic request for
payment that all labor standards provisions have been satisfied by
Contractor.
8. Grantee agrees to submit all documents relating to its
ownership or right to occupy the hereinabove described structure for
approval by the City within ten (10) days after the date of execution
of this contract.
September 8, 1988
Page 592
9. As soon as practical after execution of this agreement,
Grantee agrees to consult with an Architect or other individual
qualified to develop general construction,criteria prior to
development of any.plans-or drawi'ngs., The construction drawings or
specifications and all related documents shall be submitted to the
City for approval prior to 'formal bidding of the project.
10. It is expressly understood by Grantee that this assistance
is made available as part of City's,Community Development Block Grant
program, and as such, the activities undertaken must comply with all
of the rules and regulations established by said program, including
those assurances and conditions which are included as Part II of this
contract and hereby adopted for all purposes. Such rules and
regulations shall be made a part of the contract between the Grantee
and the Contractor. Grantee agrees that use of this structure shall
be devoted primarily to low and moderate income individuals.
11. Grantee further agrees to make its books and records
available at any mutually convenient time for inspection by any
representative of the City that City may determine. Grantee also
agrees to provide City with such reports as the City may from time to
time require as proof of Grantee's compliance with any and all terms
and conditions of this contract. All reports and other
communications relative to this agreement shall be addressed to the
Community Development Administrator or to a delegate expressly named
by her.
12. Any real property under the Grantee's control that was
acquired or improved in whole or in part with CDBG funds in excess of
$25,000 must be either:
a) Used to meet one of the national objectives in 24 CFR
§570.901 until five years after the expiration of this
agreement; or
b) disposed of in a manner that results in the City being
reimbursed in the amount of the current fair market value
of the property less any portion of the value attri-
butable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property. Reimbursement is
not required after five years after the expiration of
this agreement.
13. If the Grantee materially fails to comply with any term of
this Agreement, the City may take one or more of the following
actions, as appropriate: .
a) Temporarily withhold cash payments pending correction of
the efficiency by the Grantee or more severe enforcement
action by the City;
b) Disallow all or part of the cost of the activity or
action not in compliance;
c) Wholly or partly suspend or terminate the current award
for the Grantee's program;
d) Withhold further awards for the program; or
e) Take other remedies that may be legally available.
14. In taking an enforcement action the City will provide the
Grantee an opportunity to appeal.
15. Costs of Grantee resulting from obligations incurred by the
Grantee during a suspension or after termination of an award are not
allowable unless the City expressly authorizes them in the notice of
suspension or termination or subsequently. Other Grantee costs
during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
September 8, 1988
Page 593
a) The costs result from obligations which were properly
incurred by the Grantee before the effective date of
suspension or termination, are not in anticipation of it,
and, in the case of a termination, are non cancellable;
and
b) The costs would be allowable if the award were not
suspended or expired normally at the end of the funding
period in which the termination takes effect.
16. Except as provided in sections 13-15, awards may be
terminated in whole or in part only as follows:
a) By the City with the consent of the Grantee in which case
the two parties shall agree upon the termination
conditions, including the effective date, and in the case
of partial termination, the portion to be terminated, or
b) By the Grantee upon written notification to the City,
setting forth the reasons for such termination, the
effective date, and in the case of partial termination,
the portion to be terminated. However, if, in the case
of a partial termination, the City determines that the
remaining portion of the award will not accomplish the
purposes for which the award was made, the City may
terminate the award in its entirety under Section13-15 or
Paragraph a) of this Section 16, and all funds theretofor
provided shall be returned to the City, with the
exception of funds provided to Grantee for design
services as outlined in Section 2, Paragraph a).
17. Grantee agrees to indemnify and hold the City harmless from
and against all liability for injuries or death to persons, or damage
to property caused by Grantee's use or occupancy of said structure,
or by the negligence of its agents or employees, and Grantee shall
give to City prompt and timely written notice of any claim instituted
which in any way, directly or indirectly, contingently or otherwise,
affects or might affect City, and City shall have the right to
compromise and defend same to the extend of its own interests.
18. No officer or employee of the City; no member of its
governing body; and no other public official of the governing body of
the locality in which the project is situated or being carried out
who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this project shall
participate in any decision relating to this agreement or Grantee's
agreement with Contractor which affects his or her personal interest
or have any personal pecuniary interest, direct or indirect, in
either of such agreements or the proceeds thereof.
19. No member of or delegate to the Congress of the United
States and no Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit to arise herefrom.
20. The Grantee shall not assign, sell or transfer any interest
in this contract without the prior written consent of the City
thereof.
21. For purposes of determining venue and the law governing
this agreement, activities performed under this agreement are
performed in the City and County of Lubbock, State of Texas.
22. This agreement contains the entire agreement of the
parties.
23. None of the services covered by this agreement shall be
subcontracted without the prior written consent of the City.
September 8, 1988
Page 594
IN WITNESS WHEREOF, the City and the Grantee have executed this
agreement as of the first day above written.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City secretary
/s/ Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
/s/ James P. Brewster
Civil Trial Attorney
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
Guadalupe -Parkway
Neighborhood Centers, Inc.
Is/ Barbara Sommerville
Executive Director
ATTEST:
/s/ David R. Goyette
PART II - TERMS AND CONDITIONS --FUNDING AGREEMENT FILED WIT�
RESOLUTION #2911
On February 25, 1988, Council approved an
allocation of $113,000 from the 1988 CDBG
allocation to assist Guadalupe -Parkway
Neighborhood Centers, Inc. in the construction of
a multi -purpose building at 405 N. Quirt. This
allocation was approved with a stipulation that
Guadalupe -Parkway Neighborhood Centers, Inc. make
an effort to secure the additional funding that
would be necessary to complete and equip the
facility. Guadalupe -Parkway has begun this ef-
fort, but has discovered that most funding
agencies require plans to be developed prior to
any funding consideration.
Guadalupe -Parkway Neighborhood Centers requested
that a minimum of $12,000 of CDBG allocation be
made available immediately in order to secure
services to develop plans and specifications.
The Funding Agreement includes a provision that
the remaining CDBG allocation will not be re-
leased for construction of the facility until
Guadalupe -Parkway has provided the City with
documentation that the matching funds necessary
to completely finance all construction and
related costs have been obtained.
The Funding Agreement includes the project
budget, timetable and Community Development
guidelines. The Agreement was approved by the
Guadalupe -Parkway Board of Directors on August
18, 1988. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2911 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
September 8, 1988
Page 595
88-47B-595-554
(13.) Consider the price and condition of sale of
Parcel Numbers 93440-36-150. 93440-36-160 and
15760-21-30 in the Chatman Hill Urban Renewal
Area.
This is a proposed sale of property to Theodore
M. Sneed and wife, Patricia Sneed, by the Urban
Renewal Agency, to be redeveloped as a single-
family residence. This sale was approved by the
Urban Renewal Board of Commissioners on August
16, 1988. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to approve the price and
condition of sale of Parcel #93440-36-150, 93440-
36-160 and 15760-21-30 in Chatman Hill Urban
Renewal Area as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47B-595-555
(14.) Consider Ordinance #9227 establishing a speed
limit of 45 mph on Quirt Avenue from 50th Street
to South Loop 289.
ORDINANCE #9227
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON A CERTAIN
PORTION OF QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The existing speed limit is 30 mph from 50th
Street to 58th Street and 40 mph from 58th Street
to South Loop 289; however, a recent Speed Study
indicates that a speed limit of 45 mph would be
more appropriate. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9227 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47B-595-556
(15.) Consider Ordinance #9228 amending Ordinance #8664
to expand the number of members on the Lubbock
Libraries Board.
ORDINANCE #9228
AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
COMPOSITION AND MEMBERSHIP OF THE LUBBOCK LIBRARIES BOARD; PROVIDING
FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance was prepared as a result of
Council action taken at the August 25 meeting to
expand the number of members on the Lubbock
Libraries Board. The Ordinance expands the Board
from five to seven members, six of which are
directly appointed by Council. The seventh
member will be the President of the Friends of
September 8, 1988
Page 596
88-47B-596-557
(16.)
the Lubbock City-C6unty Library, for the duration
of his term of office as President. Council will
confirm this appointment at the time the new
Friends' President assumes his position in that
organization..
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to pass on first reading
Ordinance #9228 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
Consider Resolution #2912 authorizing the Mayor
to execute an Application to the Texas Water
Commission for an extension of time for the Lake
Alan Henry Permit.
RESOLUTION #2912
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING AN APPLICATION TO THE TEXAS WATER COMMISSION FOR
EXTENSION OF TIME TO COMMENCE AND COMPLETE CONSTRUCTION UNDER PERMIT
NO. 4146.
WHEREAS, the City of Lubbock, Texas, holds Permit No. 4146
authorizing the construction of the Justiceburg Dam and Reservoir
Project; and
WHEREAS, Permit No. 4146 required construction to commence by
September 25, 1986, but an extension of time to commence construction
was granted by the Texas Water Commission on October 6, 1986,
extending the time to commence to September 25, 1988; and
WHEREAS, Permit No. 4146 required construction to be completed
by September 25, 1989; and
WHEREAS, an extension of time to commence and complete
construction under Permit No. 4146 is necessary because of appeals
from the order of the Texas Water Commission issuing Permit No. 4146
and the need for a 404 construction permit from the United States
Army Corps of Engineers has delayed the project; and
WHEREAS, a further extension of time is necessary to commence
the project which is required by September 25, 1988; and
WHEREAS, an extension of time is necessary to complete the
project which is required by September 25, 1989; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized on
behalf of the City Council to execute an application and accompanying
documents as necessary to acquire an extension of time from the Texas
Water Commission to commence and complete construction of the
Justiceburg Dam and Reservoir Project under Permit No. 4146, and that
the firm of Booth & Newsom is hereby authorized and directed on
behalf of the City of Lubbock to file with the Texas Water Commission
such an application to commence and complete construction under
Permit No. 4146, to appear and arrange for the appearances of persons
representing the City of Lubbock during proceedings on behalf of the
application, and to otherwise pursue such application on behalf of
the City of Lubbock.
September 8, 1988
Page 597
Passed by the City Council on this 8th day of September, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Sam Wahl Ls/ John C. Ross, Jr.
Sam Wahl, Director of Water Utilities John C. Ross, Jr., City
Attorney
The existing permit for the construction of Lake
Alan Henry expires September 25, 1988. Attorney
Frank Booth and Bob Gooch, of Freese and Nichols
Engineering, have completed this Application, the
fee for which was $1,000. Staff recommended
approval.
Councilman Carpenter asked when construction
would begin, and City Manager Larry Cunningham
replied that it would be 1991 at the earliest.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2912 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-597-558
(17.) Consider Resolution #2913 accepting water and
RESOLUTION #2913
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 1 THROUGH 138, WESTCHESTER PARK ADDITION.
WHEREAS, the developer of Lots 1 through 138, Westchester Park
Addition have complied with the provision of the City of Lubbock
Code, Chapter 28, Article IV, by providing the water and sewer
improvements for said addition in accordance with paragraph 156 of
said Chapter 28; and
WHEREAS, the total utility cost to the developer is $122,243.27
with the improvements constructed by Panhandle Construction Company
having a value of $105,501.06 as determined by the unit prices
established by said Chapter 28, and $16,742.21 cash and credit for
engineering paid to the City, with Westchester Park Joint Venture,
the developer, to receive a refund of $9,843.78 in accordance with
Chapter 28 of the Code of the City of Lubbock; and
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the
City of Lubbock.
September 8, 1988
Page 598
SECTION 2. THAT the refundable cost in the amount of $9,843.78
be made in accordance with said Chapter 28.
SECTION 3. THAT this resolution shall take effect and be in
force from and after its passage. .
Passed by the City Council this 8th day of September, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Bovd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Wilford D. Watson /s/ J. Worth Fullin im
Wilford D. Watson, Chief Water J. Worth Fullingim,
Utilities Engineer Assistant City Attorney
This is routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision requirements, total cost being
$122,243.27. The developer is to receive a
refund of $9,843.78 in accordance with Chapter 28
of the Code of the City of Lubbock. Staff
recommended acceptance of these improvements.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2913 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-598-559
(18.) Consider fees for independent Auditors
Staff received a letter from Mason, Warner and
Company which establishes the maximum fee of
$80,000 for an audit for FY ending September 30,
1988, an increase of $5,000 over last year. The
Agreement with Mason, Warner and Company is a
one-year Agreement with a provision to extend it
for an additional four periods. Acceptance of
Mason, Warner and Company's fee letter for fiscal
year ending September 30, 1988 would constitute
the third one-year extension of the Agreement.
Staff had no recommendations as to the
designation of independent auditors.
Councilman Carpenter stated he feels that for
that amount, outside auditors could be replaced
by City employees.
Assistant City Manager Robert Massengale informed
Council that Mason, Warner & Company's fee did
not increase the last two years.and that the fee
was for $75,000 both years.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to approve fees of Mason,
Warner & Company for FY1988 audit. Motion
carried: 7 Yeas; 0 Nays.
September 8, 1988
Page 599
88-47B-599-560
(19.) Consider authorizing write-offs of uncollectible
accounts.
Annually, all accounts receivable and returned
checks believed to be uncollectible are written
off and maintained on file, but collection
efforts continue. Historically, a few of these
accounts have successfully been collected. Since
annual reserves are set up for these write-offs
and the accounts relate to the prior year's
operations, there will be no effect on the
current year's operating statement. Write-offs
are an annual routine housekeeping measure.
Staff recommended approval.
Assistant City Manager Robert Massengale stated
this item is routine. He reported that the total
this year was $1,070,000, and 1.5% (or $720,000)
is total gross sales with the majority of this
amount coming from Utility Collections and
Accounts Receivable.
Councilman Carpenter asked what percentage of
write-offs are collected, and Mr. Massengale
replied that about .15% of the 1.5% will be
collected.
Councilman Maloy asked if the $720,000 was mostly
commercial or residential, and Carroll McDonald,
Director of Electric Utilities, replied that
there were more uncollectible residential
accounts than commercial, but that revenues were
higher for commercial accounts.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to write-off the
uncollectible accounts for F/Y ending September
30, 1988. Motion carried: 7 Yeas; 0 Nays.
88-47B-599-561
(20.) BID #9852--Yearly pricing on transformers
(Electric Distribution).
Barnett & Assoc.
Central Moloney
McGraw Edison
McKinley Sales
Temple Inc.
Wesco
Councilman Phillips requested that (in the
future) Council consider approving the low bids.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to award bids based upon
vendor ranking and availability of transformers.
Motion carried: 7 Yeas; 0 Nays.
September 8, 1988
Page 600
There being no further business to come before Council, motion was
made by Councilman Phillips, seconded by Councilman Patterson to
adjourn the meeting at 10:21 a.m. Motion carried: 6 Yeas; 0 Nays.
B. C. McMINN ,MAYOR
ATTEST:
C4Raneo Boyd, City Secre ary
READ AND APPROVED THIS 22ND DAY OF SEPTEMBER, 1988.
Q.
B. C. McMINN, MAYOR
ATTEST:
_ f
Ran tte Boyd, City Secretary
September 9, 1988
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