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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1990Page `'50 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 22, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of October, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Dan Hawkins, Director of Water Utilities. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the October 11, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 90-49B-750-564 ( 5.) "Red Ribbon Week" - October 21-28, 1990 Texas Tech University Small Business Development Center. Laurin Prather, President of the Board of City Development, requested Council approval of a Contract between the BCD and Texas Tech University Small Business Development Center. According to Mr. Prather, on Council direction, the BCD has entered into a new Contract with Texas Tech University's Small Business Development Center for FY 1990-91 for $115,000. As presented during the budget process, $75,000 will be used for general services and to match Small Business Administration dollars to operate the SBDC; the remaining $40,000 will be used to operate the Contract Procurement Center. The $115,000 will be paid in 12 equal installments to SBDC. Under this Agreement, the Small Business Committee will remain in an advisory capacity to the SBDC, and space will be provided in the Center for Innovation for SBDC. October 22, 1990 Page 751 90-49B-751-565 ( 6.) Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to approve request of the Board of City Development for a Contract between the BCD and the Texas Tech University Small Business Development Center. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9386--Abandoning and closing a portion of 33rd Street in Section 17, Block B (5001 Brownfield Highway). ORDINANCE #9386 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 33RD STREET MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 90-49B-751-566 ( 9•) Motion was made by Councilwoman Trejo Ordinance #9386 as carried: 7 Yeas; 0 RESOLUTION #3473 Councilman Patterson, to pass on second and recommended by Staff. Nays. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: seconded by final reading Motion 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 an Amendment to an Agreement by and between the City of Lubbock and Lubbock Centercorp, Inc., executed March 8, 1990, which Amendment is attached herewith and 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary F.11 as Zsl Jim Bertram Jim Bertram, Assistant City Manager STATE OF TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR j "•1 1 � 1 I;y /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney AMENDMENT THAT the Agreement by and between the City of Lubbock and Lubbock Centercorp, Inc., executed March 8, 1990, with regard to a study to be conducted by Centercorp with regard to improvement of Broadway Street, shall be amended by amending paragraph 3 on page 2 to read as follows: October 22, 1990 Page 752 WITNESSETH: Paragraph 3 on page 2 shall read as follows: "3. Centercorp agrees that it will complete the study above referred to within nine months of the date of execution of this agreement at which time this agreement will terminate." Executed this 22nd day of October, 1990. LUBBOCK CENTERCORP, INC.: /s/ Jim R. Shearer JIM R. SHEARER, Executive Director ATTEST: /s/ Connie Jenkins Secretary /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This 6-month City of Lubbock Contract with CenterCorp (beginning March 8, 1990) provides for a streetscape design on Broadway from University Avenue to Quirt Avenue. The City of Lubbock simultaneously executed a 112 Transportation Planning Grant Contract with Wilbur Smith and Associates to complete a parking analysis for Downtown Lubbock because staff members from CenterCorp and the City concluded that it was essential that the parking analysis and the streetscape project be coordinated. At the October 11, 1990 meeting, Council approved an extension of the Wilbur Smith Contract because the principal investigator from the firm was ill. Of the original $9,500 Contract with CenterCorp, the remaining, unpaid balance is $1,728.38. In order to ensure ample time to coordinate with Wilbur Smith and Associates, Staff requested that the time frame on the Contract with CenterCorp be extended to December 8 to allow time to incorporate recommendations of the streetscape project into the next bond issue, if applicable. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3473 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-752-567 (10.) Consider an Ordinance abandoning and closing a portion of 20th Street in Section 17, Block B (4700 20th Street). Mayor McMinn announced consensus of Council to allow Mayor Pro Tem Baker to abstain from discussion and vote on this item due to a perceived conflict of interest. October 22, 1990 Page 753 Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to hold this item until parties involved resolve differences. Motion carried: 6 Yeas; 0 Nays; 1 Abstention --Mayor Pro Tem Baker due to perceived conflict of interest. 011XW*j1-1W1*Z*&P Consider Resolution #3474 authorizing the Mayor to execute a Contract with Prewitt & Associates for Cultural Resource Mitigation Service at Lake Alan Henry. RESOLUTION #3474 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT after a due examination of the Technical Proposal of Prewitt & Associates, Inc., such Technical Proposal being dated September 26, 1990, and entitled "Justiceburg Reservoir, Garza and Kent Counties, Texas: Phase III Cultural Resources Data Recovery at Lake Alan Henry, First Season", is hereby accepted by the City of Lubbock, and expenditure of $216,406.60 by the City of Lubbock in payment to said Prewitt & Associates for such work as described in said proposal is hereby authorized. Passed by the City Council this 22nd day of October, 1990. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney AGREEMENT FOR CULTURAL RESOURCES INVESTIGATIONS WHEREAS, the City of Lubbock (hereinafter called "City") has completed Phase I and Phase II cultural resources investigations for the proposed Justiceburg Reservoir (to be known as Lake Alan Henry) in Garza and Kent counties, Texas, in connection with a U.S. Army Corps of Engineers permit under Section 404 of the Clean Water Act, application for said permit being prepared for the City by Freese and Nichols, Inc. (hereinafter called "Technical Representative"); and WHEREAS, after due consideration being given by the staff of the City to the recommendations made by the Technical Representative, and the City Council of the City of Lubbock having duly considered the recommendations made to it by the City Staff desires that Phase III cultural resources investigations in Lake Alan Henry proceed in the dam construction zone. WHEREAS, City desires to obtain the expertise of professional archeologists to direct and conduct Phase II, Season 1 cultural resources efforts and activities, said expertise to be provided by proposer who is professionally known and is named Prewitt and Associates, Inc., Consulting Archeologists, and whose mailing address is 7701 N. Lamar, Suite 104, Austin, Texas 78752 (hereinafter called "Contractor"). October 22, 1990 Page 754 NOW THEREFORE, City and Contractor in consideration of the mutual covenants set forth herein contract and mutually agree as follows: 0 The research design prepared for Phase III and agreed upon by the Corps of Engineers and the Texas State Historic Preservation Officer and the technical proposal for Season 1 of Phase II dated 26 September 1990 prepared by Contractor and accepted by the City are hereby annexed hereto and made a part hereof as if fully copied herein in detail in this place. For and in consideration of services to be rendered by the Contractor, the City agrees to pay based on the daily rates shown on the attached preliminary cost estimate with total fee not to exceed $217,000.00. Partial payment to Contractor will be made on the basis of monthly statements and work progress reports rendered to and approved by the City; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The Contractor shall be entitled to a cumulative amount not to exceed 90% of the maximum fee upon completion and submission of the draft report to the City as defined in the scope of work and the research design. The remaining 10% of the maximum fee shall be paid upon submission of the final report. 3 The total compensation to be paid to Contractor, by the City, for this contract shall not exceed $217,000.00 in accordance with monthly estimates furnished to City by the Contractor as the work progresses, provided, however, that such monthly estimates shall be based on a detailed cost estimate which accompanies the technical proposal. This contract addresses the work to be accomplished at three archeological sites located in the dam construction zone and ancillary activities as detailed in the technical proposal. City shall pay monthly on such estimates to the Contractor after being billed by the Contractor by the fifteenth (15th) day of each month for the services of the previous month. Such $217,000.00 amount may be exceeded if the scope of work is enlarged at the request of the Corps of Engineers and authorized by the City through its Technical Representative. 4 In the performance of work or services hereunder, Contractor shall be deemed an independent contractor, and any of its employees performing work required hereunder shall be deemed solely employees of the Contractor or its subcontractors except those employees of the City who may be assigned to work with the Contractor. Before the Contractor begins any work under this Agreement, Contractor agrees to furnish a certificate of insurance reflecting their coverage by worker's compensation insurance and public liability insurance for bodily injury and property damage in amounts and with carriers satisfactory to City, and agrees that such coverages shall be maintained during the term of this Agreement. Contractor shall be responsible for determining that its subcontractors, where required, likewise carry and maintain adequate insurance coverage. a At any time during normal business hours, Contractor shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit representatives of the City to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, October 22, 1990 Page 755 invoices, materials, payrolls, records, or personnel conditions of employment and other data relating to all matters covered by this Agreement, for a period of three (3) years from the date of final settlement or for such other or longer period, if any, as is required by applicable statute or lawful requirement. 7 Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising, layoffs or terminations; selection for training, including apprenticeships; and participation in recreational actitivities. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor shall cause the foregoing provisions to be inserted in all subcontractors for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, excepting that the foregoing provisiions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Contractor shall keep such records and submit such reports concerning the racial and ethnic origin(s) of applicants for employment and employees as the law may require. Contractor agrees to comply with such rules, regulations, or guidelines as may be issued to implement these requirements. The parties hereto, without invalidating this Agreement, may alter or amend this Agreement only upon written mutual agreement of the parties as attested by the signatures of the principals to this Agreement. 0 Contractor shall hold the City harmless from and shall promptly pay and defend for the City all claims, demands, lawsuits, awards, and judgments in any manner growing out of the negligence or any manner of torts arising out of the conduct of the services performed by the Contractor, its agents, servants, or representatives under and pursuant to this agreement. HE Contractor will commence work on the project within five working days following receipt of written notice to proceed. The Contractor shall complete the work in accordance with the schedule defined in the technical proposal and research design. 11 The obligations to provide services under this agreement may be terminated by either party upon 30 days written notice. In the event of any termination, Contractor will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Any noncancellable obligations incurred by Contractor shall be allowable costs. All documents produced by Contractor up to time of termination shall become property of the City. Contractor may retain and use copies of such documents. October 22, 1990 Page 756 Originals of all notes, calculations, correspondence, and similar materials will be filed by the Contractor and made available to City on request. With respect to documents related to work performance under the terms of this agreement, Contractor agrees not to assert any right, and not to establish any claims under design patent or copyright law. Contractor shall have the right to retain and use copies of its work product. 191 The Contractor, prior to written or verbal disclosure of project information to the media or any public or private entity, shall obtain written permission from the City for disclosure of such information. The City retains the right to review and edit all written statements prepared by the Contractor concerning the project prior to disclosure of any such statements. No site locational information shall be released to any entity without prior written permission of the City. EXECUTED this 22nd day of October, 1990. CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: IsZ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney PREWITT AND ASSOCIATES, INC. /s/ Elton R. Prewitt ELTON R. PREWITT, PRESIDENT This Contract will authorize Prewitt & Associates to prepare the research design and all aspects of the first phase for Phase III Cultural Resources Data Recovery at the Lake Alan Henry Project. (Phase III represents the final excavation portion of the mitigation process.) According to Staff comments, there are three urgent sites in this first phase which must be mitigated prior to dam construction, and the area was surveyed under Phase I, then tested under Phase II. This Contract will provide the final mitigation for the area needed for construction of the dam and will allow construction to begin in the spring of 1991; the total amount of the Contract is $216,406.60. This Project also develops the Task Schedule for the entire Phase III, first through fourth parts. The contracts for the second, third and fourth parts tasks will be awarded at a later date, and the remaining contracts will cover the 16 remaining sites which need to be mitigated but can be done during construction of the dam and reservoir. October 22, 1990 Page 757 90-49B-757-569 (12.) The time frame for the first sites tasks will be from October 29, 1990 through October 21, 1991; for the second tasks from May 16, 1991 through December 17, 1992; for the third tasks be from July 14, 1992 through October 25, 1993; and for the fourth tasks from July 2, 1993 through September 1, 1994. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3474 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3475 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to be entered into by and between said City and Geraghty & Miller, Incorporated, for an investigation, research, evaluation, development and recommendation by said firm as to the most appropriate long-range ground water management program for the ground water reserves of the City of Lubbock, 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities AGREEMENT FILED WITH RESOLUTION IsZ B. C. McMinn B. C. McMINN, MAYOR FTITJ11� �� /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Contract authorizes Geraghty & Miller, Inc., a ground water firm, to perform work to determine the most appropriate management plan for the City's ground water reserves, water production operations, water rights purchases, water rights leases, well redevelopment, reactivation of dormant well reserves and new well drilling at a total estimated cost of $145,028. Due to increasing need for water to supplement the Lake Meredith surface supply and the City's depleting ground water reserves; to ensure efficient and economical utilization of all reserves, current and proposed; and in light of other emerging issues affecting its water supply future, Staff recommended using the services of a professional firm specializing in ground water resources to conduct a comprehensive assessment of its ground water reserves, ground water use strategy, and to develop a long-range (50-year) ground water October 22, 1990 Page 758 management program. Once the formal assessment has been made, Staff will be trained in project -specific computer software to monitor and update the system, to ensure maximum utilization of all water sources, to predict future ground water needs, and to utilize appropriate criteria in evaluating potential ground water rights purchases. Staff anticipated that the ground water management assessment will require approximately 12 months to complete, and work is scheduled to begin November 1, 1990. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3475 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #3476 authorizing the Mayor to sign a Contract with Texas Department of Community Affairs for the 1990/91 Energy Crisis Grant Program. RESOLUTION #3476 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 and all related documents during the effective dates of the Contract, by and between the City of Lubbock and the Texas Department of Community Affairs for energy crisis intervention for low income persons, 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary • :1 T1111:&10110111 k 19 1 k I F /s/ Sylvia A. Martinez Sylvia A. Martinez, Community Services Supervisor GRANT PROPOSAL FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City of Lubbock has received the 1990-91 Contract from the Texas Department of Community Affairs for the z Energy Crisis Intervention Program. The guaranteed funding is $39,872, but the anticipated total is $85,534, based on the Agency's historic practice of supplementing the budget through the funding year. Of the total amount, 93.75% will be used for direct assistance to pay utility bills in emergency situations, and the remaining 6.25% will cover administrative costs of the program. October 22, 1990 Page 759 Funds will be used to assist the elderly, handicapped and families with pre-school age children, and to be eligible, these families must be experiencing some extraordinary crisis that has depleted their resources normally used to pay utility bills. Such instances include accidents or illness resulting in high medical bills, loss of employment, death or funeral expenses, unusually high utility bills resulting from severe weather, or termination of unemployment compensation. Termination of utility service alone does not constitute an energy crisis, and these funds cannot be used to pay reconnect fees or deposits. (Project HELP money can be used for these expenses.) Assistance is available to pay any utility bill, gas, electric, propane or water if a health -threatening condition is involved. The Community Services Department is required to determine eligibility and arrange for payment of utility bills within 48 hours of application. State funds are to be spent county -wide; Project HELP money is spent within the city limits, primarily with City of Lubbock bills. Last year, a total of 590 families were assisted. Staff recommended approval of this Contract. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3476 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-759-571 (14.) Consider Resolution #3477 adopting the 1991 City of Lubbock Legislative Program. RESOLUTION #3477 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to request that the Texas Legislature enact certain legislation during the 1991 legislative session to benefit the City of Lubbock and its citizens; and WHEREAS, the City of Lubbock desires to forward to the Texas Municipal League certain position comments prepared by the City of Lubbock pertaining to the resolutions of the Texas Municipal League for inclusion in the Texas Municipal League's 1991 legislative package; and WHEREAS, the City Council desires to authorize the Mayor of the City of Lubbock to sign such resolutions of the City of Lubbock as may be hereafter prepared for submission to the Texas Legislature in accordance with the City of Lubbock's legislative proposals; NOW THEREFORE: BE IT AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby endorses and supports the attached City of Lubbock 1991 legislature program proposals and hereby requests and encourages the Texas Legislature to consider passage of such proposed legislation; and THAT the City Council of the City of Lubbock hereby forwards the attached position comments to the Texas Municipal League for consideration in drafting the final resolutions contained in the Texas Municipal League's 1991 legislative program package; and THAT the Mayor of the City of Lubbock is hereby authorized and directed to sign such additional resolutions of the City of Lubbock as may be necessary to promote the City of Lubbock's position with regard to legislative proposals for the 1991 session of the Texas Legislature; and October 22, 1990 Page 760 THAT the final legislative proposal package of the Texas Municipal League is hereby approved and endorsed by the City Council of the City of Lubbock, Texas. Passed by the City Council this 22nd day of October, 1990. /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 Bob Casse /s/ Donald G. Vandiver Bob Cass, Deputy City Manager Donald G. Vandiver, First Assistant City Attorney CITY OF LUBBOCK 1991 LEGISLATIVE PROGRAM EXECUTIVE SUMMARY TABLE OF CONTENTS Executive Summary....................................................1-2 Article 45.54--Language................................................3 Article 6663-C Amendments.. ..... .......................4-5 Amendment to Article 6687-C Motor Vehicle Code.........................6 Change in Law to Allow Use of Signature Stamps .........................7 Change in Law to Protect Magistrates...................................8 Change in Statutory Limits on Fines....................................9 Collection of Hotel/Motel Taxes..................... .................10 Increasing Allowed Restitution Under Deferred Adjudication ............ 11 Pawnshop Regulations Amendment .................................... ...12 Reproduction Fees...............................................13-14 1/2 Cent Sales Tax uses and provisions................................15 Sale of Wines at Airport.. ..... .16 Texas Local Government Code Amendments.............................17-18 CITY OF LUBBOCK 1991 LEGISLATIVE PROGRAM The Lubbock City Council develops a legislative program prior to the commencement of the biennial Texas Legislative Session. The legislative program is developed to communicate the City Council's position on various bills and issues to state legislators. These recommendations should provide adequate information on how a particular bill or issue will affect the City of Lubbock. Through participation in the State Legislative process, the Council seeks to ensure that the citizens continue to receive the most efficient and k. effective use of their tax dollars. The Council looks forward to working with our legislators during the 1991 Legislative Session and appreciate the favorable attention that we have received in the past. There are fourteen issues that the City of Lubbock would like to see addressed during the 1991 Legislative Session. Some of the key proposals in this year's legislative package include: October 22, 1990 Page 761 1) COLLECTION OF HOTEL/MOTEL TAXES: The City of Lubbock has proposed changes in the law relating to the collection of Hotel/Motel Taxes. This is an effort to improve the City of Lubbock's ability in collecting unpaid Hotel/Motel Taxes, which are oftentimes difficult, if not impossible, to collect. 2) CHANGE IN STATUTORY LIMITS ON FINES: In an effort to improve enforcement of certain violations, the City of Lubbock proposes that the maximum amount of certain fines be raised. 3) INCREASING ALLOWED RESTITUTION UNDER DEFERRED ADJUDICATION: The City of Lubbock proposes that the allowed amount of fine, in cases of deferred adjudications, be increased up to the amount of the actual damage done by the defendant. -I- 4) PAWN SHOP REGULATIONS AMENDMENT: The City of Lubbock would propose a number of changes in the Texas Consumer Credit Commission's regulations relating to pawn shops. We feel these proposed amendments will serve to increase the rep- utability of pawn shops, as well as decrease the use of pawn shops for the furthering of illegal activities. 5) 1/2 CENT SALES TAX USES AND PROVISIONS: The City of Lubbock supports the recommendation of the City of Midland that allows cities to impose a 1/4 cent sales tax for eco- nomic development use and a 1/4 cent sales tax for Tran- sit/Transportation use. Current state law requires the entire 1/2 cent (if adopted) be used only for one of these provisions. 1/2 CENT SALES TAX USES AND PROVISIONS Currently, a sales tax of 7 1/2% is applied to all applicable sales items in Lubbock. The State of Texas imposes a maximum sales tax of 8% in any community. Due to recent changes in the Texas Law, several options are currently available to the City and/or County for the use of the additional 1/2 cent sales tax. These include: 1) For economic development purposes - Current state only allows this option to be exercised in 1/2 cent increments. Thus, if the City of Lubbock were to elect this option, it would preclude all other options. 2) For Public TransitlTransportion - Again, this option can only be elected in 1/2 cent increments. 3) For the reduction of property taxes 4) For use by the County for various options (Economic Development or other purposes). In September, 1990, the City Council agreed to support a request submitted by the City of Lubbock that will allow cities to adopt the remaining 1/2 cent sales tax for both economic development purposes and for Transit/Transportation purposes. This provision would seek a legislative change which would allow both of those options to be exercised in 1/4 cent increments. This change would allow communities to adopt both taxes and still remain within the 8% maximum imposed by the state. The City of Lubbock supports this legislation, in conjunction with the City of Midland, and believes it would provide Texas cities with a valuable option in the allocation of sales tax revenues. October 22, 1990 Page 762 COLLECTION OF HOTEL -MOTEL TAXES According to current state law, unpaid hotel/motel taxes do not run with the land. This is true even if the unpaid taxes are reduced to a judgement. In such cases the only alternative available is a suit for the amount from the prior owner. Unfortunately, this is often a very difficult matter to pursue as many times the prior owners are from foreign countries, are very mobile, or are otherwise judgement -proof. We would request that the Property Code and/or Tax Code and/or Civil Practice and Remedies Code be amended such that the unpaid taxes will attach to the land. This will allow us to either collect from the new owner or collect from the former owner at the time the transaction closes. REPRODUCTION FEES Article 6252-17a currently allows cities to charge a fee for copies made unless the request is for 50 pages or less. This excludes many requests for things such as accident and police reports, as well as other public records as they are quite often less than 50 pages in length. We propose that an amendment be made such that cities would be allowed to charge the same fee that the Texas Department of Public Services is now allowed to charge via Article 701(d), Section 47. Specifically, we would request that Section 9(a, b & h) be amended to read as follows: Section 9(a): The cost to any person requesting non -certified photographic reproductions of public records comprised of pages to legal size shall not be excessive. The State Purchasing and General Services Commission shall, from time to time, determine guidelines on the aetual cost of standard size reproductions and shall periodically publish these cost figures for use by governmental bodies in determining charges to be made pursuant to this act. The cost of obtaining a standard or legal size photographic reproduction shall be in an amount that reasonably includes all costs related to reproducing the record including costs of materials, labor and overhead, unless the request is for 50 pages or less of readily available information. Section 9(b): Charges made for access to public records comprised in any form other than up -to -standard size pages or in computer record banks, microfilm records or other similar record -keeping systems shall be set upon consultation between the Officer For Public Records and the State Purchasing and General Services Commission giving due consideration to the expenses involved in providing the public records, Fflaking- -every- -ef fort - to- iiia-teh -the- -cheiges­ -wimth - the- -ac-tin l eest-ef-i)-rovA,dA.ng--ttie--r-ec-ords--; Costs of providing the record shall be in an amount that reasonably includes all cost related to providing the record, including costs of materials, labor and overhead. Section 9(h): If a governmental body refuses or fails to provide copies of public records at the aetual cost of reproducing the records as provided in Subsections (a) and (b) of this section, a person who overpays shall be entitled to recover three times the amount of the overcharge: provided, however, that the governmental body did not act in good faith in computing the cost. We also propose that this be added to this section: (i) Municipalities shall be allowed to charge a maximum fee of $4.00 for copies of records of 5 pages or less and a maximum of 10 cents for each page over 5. We believe that by implementing these changes, we would be allowed to charge the same fee that the Texas Department of Public Safety is now allowed to charge in Articles 6701(b), Section 47. October 22, 1990 Page 763 ARTICLE 45.54-LANGUAGE Currently, Article 45.54 Code of Criminal Procedure, relating to deferred adjudication, uses the term "Justice of the Peace" when referring to those judges who have authority under the particular statutory section. We would propose that the language be changed such that the term "Municipal Court Judge" is included. The current language is liberally interpreted to include Municipal Court Judges. This change would help to clarify this. OPEN RECORDS ACT AMENDMENT PREVENTING SOLICITATION OF LEGAL CLIENTS Under the current Open Records Act, anyone can request access to Municipal Court records of citation violators. We propose that the Open Records Act be amended such that access to such records be limited or restricted. There is a practice by certain lawyers who request lists of violators under the Open Records Act. These attorneys then send out postcards to these violators in hopes of soliciting such persons as potential clients. The opinion of our local Bar Grievance Committee is that such a practice does not violate any ethical constraints. We are concerned that the impression will be left that the Court is "assisting" such requesting lawyers in the solicitation and recruitment of clients for private attorneys. We feel an amendment to the Open Records Act is a proper and effective way to deal with this issue. CHANGES IN LAW TO PROTECT MAGISTRATES Current law dictates that Municipal Court Judges are to arraign juvenile offenders outside the presence of law enforcement officers. That is, no law enforcement officer, including bailiffs are to be present whenever a magistrate or judge arraigns or takes the statement of a juvenile. Only the juvenile and the judge may be present in the courtroom. The hazards posed by the current law are obvious. The judge is left alone with a potentially violent and/or volatile juvenile. As current law does not allow magistrates to carry weapons, the judge or magistrate is vulnerable to assault by a possibly dangerous juvenile. We propose that a change be made in the law in this respect. We propose that the law be changed in such a way as to provide protection for magistrates. Allowing the presence of a law enforcement officer (i.e. a Bailiff), will achieve this desired end. CHANGE IN LAW TO ALLOW USE OF SIGNATURE STAMPS The current case law in Texas holds that a judge who signs a warrant or other court document by using a signature stamp will not be extended judicial immunity in event the judge or court is sued for alleged civil rights or other statutory violations. In courts the size of Lubbock's, the judge ends of having to sign literally hundreds, if not thousands, of warrants and other documents in order to guarantee that if there is a lawsuit arising out of any of those documents, he will not lose or waive his judicial immunity. This is obviously an onerous burden on judges which we feel needs to be addressed by the legislature. We propose a change in the case law to allow judges in jurisdictions encompassing 100,000 or more population to use a signature stamp on warrants and other official documents without the risk of being sued and losing judicial immunity. CHANGE IN STATUTORY LIMITS ON FINES Other than zoning, safety and health code violations, the current maximum fine amount cannot exceed $200 per violation. This is not realistic, punitive or effective in some cases. By increasing the amount of fines for the Class C jurisdiction courts, the jurisdiction of such courts could be better enforced and respected under certain circumstances. We propose a change in the statutory limits of Municipal Court to allow a jurisdictional fine of up to $500, at least for certain offenses. October 22, 1990 Page 764 SUPPLEMENTAL ASSISTANCE FOR CITY MARSHALLS We request that supplemental assistance be obtained from the state in order to bring the base salaries of City Marshal 1 s up to parity with other law enforcement officers. Such a supplement would make the Marshall's a more competitive position, as well as give extra funding to add to the court staff for additional Marshalls, in order to process the court's massive backlog of delinquent warrants. This additional funding, leading to additional manpower, would enhance the jurisdiction of the court, as well as increase the revenues of the City coffers through a more concentrated program of serving warrants and collecting fines under such warrants. FUNDING FOR MARSHALL TRAINING We request that additional state funding be obtained for additional training of Marshall's in order to increase their expertise in law enforcement methods. This increase in professionalism will no doubt decrease the chances of injury or incident when such officers confront a sometimes hostile and violent citizenry who comes in contact with the court. INCREASING ALLOWED RESTITUTION UNDER DEFERRED ADJUDICATION Under current law, a court can order restitution against the defendant only up to the amount of the fined jurisdiction (i.e. up to $200); however, in many circumstances, the amount of damage done by a defendant against a person exceeds that amount. We propose that a Municipal Court be allowed to increase its jurisdictional amount for the purpose of requiring restitution under deferred adjudication. The Court should be allowed to order restitution beyond the amount of the fine, notwithstanding that the fine amount itself cannot exceed $200. PAWN SHOP REGULATIONS AMENDMENT The Texas Consumer Credit Commission recently promulgated proposed regulations governing the operation of pawn shops. The proposed regulations appeared in the July 27, 1990 edition of the Texas Register. We would support the proposed regulations in the following areas: Holding: The period during which pawned items must be held before they can be resold should be extended from seven days to thirty days. Identification: i+m "Any time a pawn loan or purchase is made, the pawnbroker must require that the customer show acceptable identification which contains a photograph of the customer." In addition, the regulations provide that "a thumbprint of the person pawning, pledging or selling items to the pawnbroker or pawn shop shall be required, in a form approved by the Chief of Police, access to the prints will be restricted and not disclosed to the general public. Such prints will only be used by the Police Department for law enforcement purposes." Pawn shops will not be allowed to operate twenty-four hours a day. The businesses may not open after 9:00 p.m. or before 7:00 a.m. The change is intended to make it more difficult for thieves to pawn items stolen in late night burglaries. October 22, 1990 Page 765 Loans• Pawnbrokers should not be allowed to give loans to anyone under 18 years of age, nor should they be allowed to give loans to anyone they believe to be under the influence of drugs or alcohol. Purchases• Pawnbrokers should be prohibited from purchasing any merchandise which appears to be the property of a rental company, motel, training school, construction company, or other business unless the seller shows proof of ownership. OPEN RECORDS ACT AMENDMENT PREVENTING USE OF INFORMATION BY INSURANCE COMPANIES Under current law, a person who puts a citation on deferred adjudication does so, in many instances, in order to keep that citation off their driving record which is kept and issued by the Department of Public Safety in Austin. This is the attraction of deferred adjudication. The Department of Public Safgety cannot require that a court report citations deferred to Austin, nor can the Department of Public Safety place a deferred citation on the individual's state driving record. Through the use of the Open Records Act, an insurance company could look at the court's inhouse record, rather than DPS records. The insurance company would then see what citations are on deferred and perhaps penalize the driver, even though the citations will not actually be on the driver's state record. We propose that the Open Records Act be amended such that access to such court records, by insurance companies, for such purposes, be prohibited. AMENDMENT TO ARTICLE 6687-C MOTOR VEHICLE CODE Under current law, with the agreement of the County and the Department of Public Safety, a City can implement a procedure such that a driver will be refused his automobile registration and/or his driver's license will be revoked if he has outstanding traffic warrants. The statute authorizing this applies only to home -rule cities with a population of not less than 380,000. We would propose that the population requirement be lowered such that Lubbock and other cities like it would be able to implement and take advantage of this procedure. SPRAY PAINT SALE RESTRICTIONS Currently, there are no restrictions on the sale of spray paints to minors. As a result, the paint is often used to vandalize property and to paint graffiti, often symbolizing gang territory. We propose that restrictions be placed on the sale of spray paint to minors. We would request that the restrictions closely resemble those now in effect on the sale of airplane glue. ARTICLE 6663-C AMENDMENTS We would propose the following amendments to Article 6663-C regarding the administration and funding of mass transportation: October 22, 1990 Page 766 1) An amendment stating that all discretionary money would stay within the same category and not be transferred into other categories; that is, MTA (20%), Small cities (40%), Rural transit systems (50%). A. This amendment would prevent discretionary funds which have been allocated to small cities from going to rural systems. 2) An amendment stating that funds be split between existing transit systems and new starts; 95% would go to existing transit systems for the smaller cities, with the remaining 5% set aside to help new transit systems get started. Funds not used for new starts will be returned to discretionary funds to be used by other small cities in the second year of the biennium. B. At the present time, there are 24 cities with populations between 50,000 and 200,000. Thirteen of these cities already operate a transit system and would then qualify for 95% of the funds. If the other eleven cities decided to start a transit system, they would qualify for the remaining 5% of the funds. 3) An amendment stating that the 95% funding for small cities be either designated as one-year grant only or spread over a two-year period with a state contract being automatically renewed for the second year. 4) An amendment stating that the funding level for the State Public Transportation Fund be doubled for this biennium appropriation or a minimum of $15 million dollars. Source of funding would be from the non -dedicated highway funds. C. Article 6663C states that the city can use State Public Transportation funds in the following ways: 1) 65% of local share can be used for capital and planning funds. 2) 50% of local share can be used for operating expenses. 5) An amendment stating that the designated recipient status for small cities be grandfathered such that cities with populations between 50,000 and 200,000 permanently remain the designated recipients. If these amendments pass, the City of Lubbock would be eligible for approximately $600,000 over the biennium. Prior to each legislative session, the City Staff develops a package of proposed legislative changes which address concerns of the City of Lubbock. In addition, the Texas Municipal League begins collecting resolutions from member cities concerning proposed legislation which will appear on the TML 1991 Legislative Program. In preparation for the TML Resolution Committee meeting at the annual TML meeting in Corpus Christi, the City of Lubbock Staff has responded to each proposed TML resolution to make Council aware of the various impacts the legislations, if passed, will have on the City of Lubbock. Council was asked to consider a Resolution endorsing the City of Lubbock 1991 Legislative Program, the City of Lubbock's position on proposed TML resolutions, and the 1991 TML Legislative Program once it has been decided upon following the Annual TML meeting. The Resolution authorizes the Mayor to sign subsequent resolutions brought for consideration as long as these resolutions are consistent with the recommendations in the legislative package. October 22, 1990 Page 767 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Aderton to authorize Resolution #3477 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-767-572 (16.) BID #10897--Pipe and pipe fitting items (Central Warehouse). Western Industrial--12 ea. 6" IPSxPIP gasket joint adapter; 4 ea. 8" IPSxPIP gasket joint adapter; 12 ea. 10" EPSxPIP gasket joint adapter. Clowe & Clowe--4 ea. 1/4"x50' copper tubing; 1,200' 6" ductile iron Class 150 pipe; 30 ea. 1/2"x3/8" GALV reducing bushing. Fields & Co.--12 ea. 1-1/2" brass coupling; 20 ea. 2" 90-deg. brass elbow. Watermaster Irrigation--40 ea. 1-3/4" PVC male adapter. Moore Supply--2 ea. 10" 45-deg. C.I. water main bend; 6 ea. 4"x3" C.I. water main reducer. Severe Service Sales--100 ea. 1"x2" PVC nipple. Morrison Supply Co.--200 ea. 1" PVC coupling SXS; 100 ea. 3/4X6" PVC nipple; 50 ea. 1"x3-1/2" PVC nipple; 8 ea. 6"x4" reducer SXS; 25 ea. 3/8"x8" GALV nipple; 50 ea. 2"x10" GALV nipple; 25 ea. 2" GALV tee; 25 ea. 1- 1/2"x2" brass nipple; 4 ea. 6"x6" M.J. tapping sleeve. A&P Water and Sewer, Odessa--3,840' 6" PVC sewer pipe. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-767-573 (17.) BID #10864--Electric cable and fitting items (Central Warehouse). Temple, Inc.--1,200 ea. 17.5 KV pin tape insulator; 50 ea. 6" plastic identifying tape; 18 ea. Metal 3-phase sectionalizing cabinet; 50,000 ea. No. 2 Triplex cable in duct. Fields & Co.--12 ea. Aubbell THB-21 mounting bracket. Cummins Supply Co., Amarillo--25 ea. Riser pole arrester 9 KV rating; 250 ea. 400 W. luminaire. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-767-574 (18.) BID #10914--Automobiles (Central Garage). Scoggin-Dickey Chev.-Buick-Geo, Inc.--42 ea. Police Sedan, marked patrol 4-door. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. October 22, 1990 Page 768 (19.) BID #10944--Abandoned Vehicles Contract (Police Department). RESOLUTION #3478 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 by and between City of Lubbock and RP's Heavy Duty Towing for removal and storage of abandoned motor vehicles, 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary s Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Manager THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and RP's Heavy Duty Towing of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 10944 - FOR REMOVAL AND STORAGE OF ABANDONED MOTOR VEHICLES IN THE AMOUNT OF $10.00 PER VEHICLE 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 I necessary to complete the 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 22, 1990 Page 769 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/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: RP's Heavy Duty Towing 711 Erskine Street Lubbock, Texas, 79464 9110fflm.•& CITY OF LUBBOCK, TEXAS (OWNER) Zsl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl Harold Willard Harold Willard, Assistant City RP'S HEAVY DUTY TOWING /s/ TITLE: President ATTEST: /s/ Secretary RP's Heavy Duty Towing --Abandoned Vehicle Towing, price/vehicle. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3478. Motion carried: 7 Yeas; 0-Nays. (20.) BID #10896--Service drop cable and fittings (Central Warehouse). Westinghouse Electric Supply--100 ea. No. 4 tension sleeve; 50 ea. 1/0 pothead 15KV 19STR; 25 ea. 2" rigid conduit coupling; 50 ea. 2" conduit lockout. Techline, Inc., Amarillo--50 ea. No. 4/0 terminal lug; 30,0001 No. 4 triplex service drop. Cummins Supply--80 ea. 1" EMT conduit (10' lengths); 60 ea. 2" 90-deg ELL. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. (21.) BID #10825--Concrete work at Chalker Sub -Station (Electric Distribution RESOLUTION #3479 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 by and between the City of Lubbock and Eagle Building & Development for a concrete work Chalker Sub -station, attached herewith, which shall be spread October 22, 1990 Page 770 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary I,1>>:1111a 11:M iX*1►kI$Ik IsZ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR IA . a *ll4 17��0to]IS ug /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Eagle Building & Development of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 10825 - FOR CONCRETE WORK AT CHALKER SUB -STATION IN THE AMOUNT OF $13,541.00 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 the 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract tW documents and to make payment on account thereof as provided therein. October 22, 1990 Page 771 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/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Eagle Building & Development Route 7, Box 247B Lubbock, Texas, 79401 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsZ Harold Willard Harold Willard, Assistant City EAGLE BUILDING & DEVELOPMENT /s/ TITLE: President ATTEST: /s/ Secretary Eagle Building & Dev. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3479 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (22.) RFP #10957--Main frame and computer upgrade, and authorize same (Information Services). RESOLUTION #3480 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 by and between the City of Lubbock and International Business Machines Corporation for IBM processor upgrade, 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. Passed by the City Council this 22nd day of October, 1990. F.111111*1 Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager Zsl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney October 22, 1990 Page 772 CONTRACT THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and International Business Machines Corporation of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 10957 - FOR IBM PROCESSOR UPGRADE IN THE AMOUNT OF $221,610.01 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 the 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 proposal 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary s Gene Eads Gene Eads, Purchasing Manager life] I»:190.1111111ft's /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City INTERNATIONAL BUSINESS MACHINES CORP. /s/ TITLE: President ATTEST: /s/ Secretary International Business Machines Corporation 1602 loth Street Lubbock, Texas, 79401 October 22, 1990 Page 773 International Business Machines Corp.--1 ea. IBM 9221- 150 Processor, Operator Console, 32 MB Memory, Single I/O Bus, I/O Bus Link, 6 S/370 Block MPX Channels, IBM Token Ring 16 MPS, Token Ring Cable; 1 ea. IBM 9309-002 Rack. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3480 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-773-579 (23.) BID #10930--Exterior light fixtures for municipal buildings (Building Services). Cummins Supply Co., Amarillo--1 lt. Exterior lighting for Mahon Library. Nunn Electric Supply Corp.--1 lt. Exterior lighting for Municipal Building. Southwestern Electric Supply--1 lt. Exterior lighting for Municipal Square. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. all (24.) BID #10895--Kinqsgate Park playground construction, and authorize same (Parks and Recreation). RESOLUTION #3481 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 by and between the City of Lubbock and Eagle Building & Development Company for playground installation at King's Gate Neighborhood Park Site, 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary /s/ Gene Eads Gene Eads, Purchasing Manager IsZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK October 22, 1990 Page 774 THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Eagle Building & Development of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 10895 - FOR PLAYGROUND INSTALLATION AT KING'S GATE NEIGHBORHOOD PARK SITE IN THE AMOUNT OF $13,380.00 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 the 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 proposal 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/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager ' MOTT'ITINTga Eagle Building & Development Route 7, Box 247B Lubbock, Texas, 79401 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City EAGLE BUILDING & DEVELOPMENT /s/ TITLE: President ATTEST: /s/ Secretary October 22, 1990 Page 775 Eagle Building & Development Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3481 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-775-581 (25.) BID #10854--Electric conduit (Central Warehouse). Temple, Inc.--48 ea. No. 2 cable support; 10 ea. No. 4/0 cable support; 70 ea. 12" conduit support; 50 ea. 2" conduit strap; 30 ea. conduit support, 24". Westinghouse Electric Supply--20 ea. 2" entrance fittings. Graybar Electric Co., Inc., Amarillo--300 ea. 1-1/4" insulated bushing; 100 ea. 4"-1-way plastic conduit spacer; 150 ea. 5", 5 deg. PVC angle coupling; 15 ea. 4" 90 deg. PVC ELL; 50 ea. 2" 90 deg. rigid ELL. Fields & Co.--400' 3/4" flexible conduit; 175 ea. 4" rigid conduit; 24 ea. 1-1/4" rigid ELL. Nelson Electric Supply--50 ea. 1-1/4" conduit connector; 200 ea. 1-1/2" 2-hole pipe strap; 100 ea. 2" 2-hole pipe strap. Cummins, Amarillo--100 ea. heat shrink tubing No. 4- 3/0; 40 ea. heat shrink tubing No. 4/0-30 MCM. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-775-582 (26.) BID #10870--7.5 Gigabytes disk storage (Information Services). McDonnell Douglas Corp., Scottsdale, AZ--3380 AK4 disk storage. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-775-583 (27.) BID #10880--Vertical reciprocating conveyor, and authorize same (Building Maintenance). RESOLUTION #3482 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 by and between the City of Lubbock and Vaughn Storage Systems Company for a Vertical Reciprocating Conveyer, 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. Passed by the City Council this 22nd day of October, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager 1 .. STATE OF TEXAS October 22, 1990 Page 776 /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Vaughn Storage Systems Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 10880 - FOR VERTICAL RECIPROCATING CONVEYOR IN THE AMOUNT OF $18,894.00 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 the 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 22, 1990 Page 777 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/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager Vaughn Storage Systems Company 6740 W. 19th Street Lubbock, Texas, 79490 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl Harold Willard Harold Willard, Assistant City VAUGHN STORAGE SYSTEMS COMPANY /s/ TITLE: President ATTEST: /s/ Secretary Vaughn Storage Systems Co. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3482 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-777-584 (28.) BID #10886--UREA (Airport). Zipp Industries, Inc., Amarillo--100 tons UREA. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (29.) BID #10877--Municipal Hill building re -roofing, and authorize same (Building Services). RESOLUTION #3483 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 by and between the City of Lubbock and Texas Roofing Company for Municipal Hill Building Re -roofing, 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. October 22, 1990 Page 778 Passed by the City Council this 22nd day of October, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS *1WS 4 1 /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 22nd day of October, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Texas Roofing Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter 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 NO. 0: FORRE-ROOFING IN THE AMOUNT OF $40,994.00 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 the 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 22, 1990 Page 779 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/ Ranette Boyd� City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Texas Roofing Company P.O. Box 2156 Lubbock, Texas, 7908-2156 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City TEXAS ROOFING COMPANY /s/ TITLE: President ATTEST: /s/ Secretary Texas Roofing Co. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3483 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-779-586 ( 7.) ORDINANCE #9393--Zone Case #2658 (Southwest corner of 50th and Elgin) --Hold a Public Hearing to consider request of Richard Henderson (for Cavalcade Monterey Center Addition. ORDINANCE #9393 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658; A ZONING CHANGE FROM C-3 ZONING, SUBJECT TO CONDITIONS, TO C-3 ZONING SUBJECT TO CONDITIONS (NEW), BY DELETING ALL PRIOR CONDITIONS OF ORDINANCES 2183, 2215, 2285 & 5217 TO ALLOW FOR REDEVELOPMENT ON A PORTION OF TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Randy Eggenbacher appeared on behalf of Cavalcade Development to present this request for zone change. No one spoke in opposition. Mayor McMinn closed the hearing at 10:33 a.m. Assistant City Manager Jim Bertram stated that the parcel was zoned by a series of cases from 1955 to 1970, the result of which was a shopping center tied to a Site Plan with several conditions; the owner must have a new zone case to build anything. October 22, 1990 Page 780 According to Mr. Bertram, a C-3 zone case was filed on the entire project, but Furrs-Bishop has not developed a Site Plan for the entire area nor coordinated an Agreement with the Warren family, owners of W.D. Wilkins, and as a result, the proponent requested withdrawal of all the land except for a 500' square in the north east corner. With this area, plans can proceed on a new cafeteria and another small parcel on the corner while plans for the balance of the tract are developed. A second zone case will follow when those plans are ready to provide a basic Site Plan. Mr. Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The withdrawal of three quarters of the property shortened discussion before the Planning and Zoning Commission, and the Warren family indicated support for the request. The Planning and Zoning Commission supported the three conditions proposed by City Staff: 1. The one parcel shall be treated as free-standing for separate development and for the sign and parking regulations. 2. That a Site Plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. 3. The front setback for the tract shall be 43' from Elgin and 50th property lines. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilman Phillips to pass on first reading Ordinance #9393 with Conditions 1-3 recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9394 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-Q; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 SPECIFIC USE PERMIT FOR A SERVICE STATION AND DRIVE THROUGH CAR WASH ON TRACT H, LAKERIDGE COUNTRY CLUB ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. October 22, 1990 Page 781 Roy Middleton appeared on behalf of Texaco and Lakeridge Country Club Estates to present this request for zone change. No one spoke in opposition. Mayor McMinn closed the hearing at 10:37 a.m. Assistant City Manager Jim Bertram stated that this corner is a platted separate parcel at the southeast corner of Slide Road and 82nd, in the Lakeridge Shopping Center. According to Staff memo, there were no public concerns voiced at the P&Z meeting. Mr. Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The Planning and Zoning Commission amended the proposal from C-3 to C-3 Specific Use to provide for the single bay car wash similar to previous requests. The Specific Use Permit will provide a reduced setback for the canopy, and the structures meet Code setback and will prevent a second trip to the Zoning Board of Adjustment where setback reductions on canopies have become fairly routine. Staff recommended that the City Council uphold the Planning and Zoning Commission approval, stipulating that a Site Plan be submitted and approved by Staff before second reading. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9394, with review and approval of Site Plan before passage on second reading. Motion carried: 7 Yeas; 0 Nays. (15.) Hold an Executive Session to discuss pending litigation (Codes Enforcement). (30.) Hold an Executive Session to discuss personnel matters regarding appointments to: Community Services Commission Zoning Board of Adjustment Airport Board 90-49B-781-589 (31.) Consider one appointment to the Community Services Commission to fill the unexpired term of Father David Cruz. Father Cruz' term will expire August 31, 1991. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Ernestine Carrizales to fill the unexpired term of Father David Cruz on the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. October 22, 1990 Page 782 90-49B-782-590 (32.) Consider one appointment to the Zoning Board of Adjustment to fill the unexpired term of Garry Creath. Mr. Creath's term will expire February 26, 1992. 90-49B-782-591 (33.) Motion was made by Councilman Phillips, seconded by Councilman Patterson to move Penny Morin from alternate to regular membership to fill the unexpired term of Garry Creath and appoint Ruben Reyes as alternate member on the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Vilsen Salinas to fill the unexpired term of Bill J. Parsley on the Airport Board. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilwoman Trejo to adjourn the meeting at 11:22 a.m. Motion carried: 7 Yeas; 0 Nays. C. McMINN,MAYOR Ran6tte Boyd, City Sec et READ AND APPROVED THIS 8TH DAY OF NOVEMBER, 1990. 03UMMIlklikimi T T 1• Ranet e Boyd, City Secretary