HomeMy WebLinkAboutMinutes - City Council - Regular - 11/8/1990CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 8, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 8th day of November, 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 Vaughn Hendrie, Director of
Community Relations.
( 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 22, 1990 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
US •.
{ 5.) ORDINANCE #9393--Zone Case #2658 (Southwest corner of
50th and Elgin) --Request of Richard Henderson (for
Cavalcade Development) for zoning change from C-3 to
C-3 to delete all prior conditions to allow for
redevelopment on the northeast 500' X 500' portion of
Tract A, 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.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to pass on second and final reading
Ordinance #9393 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49B-783-593
( 6.)
November 8, 1990
Page 784
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..
90-49B-784-594
( 7.)
( 8.)
90-49B-784-595
( 9.)
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to pass on second and final reading
Ordinance #9394 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
On August 16, 1990, Staff received a letter from Burk
Luebbehusen Ray & Company requesting a bond reduction
from $25,000 to $10,000 for the completed LifLubheirs
#10 well. Such a request is provided for in Section
24-128(a) of the City of Lubbock Code of Ordinances.
Staff recommended approval of the reduction.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to approve request of Burk
Luebbehusen Ray & Company (Texland Petroleum) for bond
reduction on Lif-Lubheirs #10 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
This item was deleted from the agenda.
Consider Ordinance #9395 abandoning and closing a Water
and Sewer Line Easement located in Section 17, Block B
(5020 21sU .
ORDINANCE #9395
AN ORDINANCE ABANDONING AND CLOSING A WATER AND SEWER LINE EASEMENT
LOCATED IN SECTION 17, BLOCK B OF THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDI-
NANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PRO-
VIDING FOR PUBLICATION.
Cavalcade Foods, Inc., requested this closure for
future building purposes. This Easement is located at
the north end of Lot 17-A, Bobalet Heights Addition and
on the south side of the alley between 19th Street and
21st Street, directly east of Slide Road.
The Easement, which enabled the City to lay a water
line around the south side of the barn was dedicated by
R.H. Fulton in 1954 due to construction of a horse barn
in the existing east -west 15' utility easement area
between Lots 16-A and 17-A.
November 8, 1990
Page 785
In 1956 these two lots were replatted and this 15'
utility easement area was dedicated as a full 20'
alley, taking in an additional 2.50' from the south
side of Lot 16-A and 2.50' from the north side of Lot
17-A. Much of the previously dedicated Easement, as
well as the existing City water line, is contained in
this alley area, and all sewer line facilities are
located further to the east.
The barn has been removed, leaving only the City water
line in the existing 20' alley. The City obtained this
1,475 square foot Easement being closed free of charge.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading Ordinance
#9395 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
90-49B-785-596
(10.) Consider Ordinance #9396 abandoning and closing a
ORDINANCE #9396
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN OVERHEAD AND DOWN
GUY WIRE EASEMENT LOCATED IN LOT 1, WRIGHT ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
This Ordinance abandons and closes a portion of an
Overhead and Down Guy Wire Easement dedicated to the
City of Lubbock in 1971 for LP&L usage. This 5' wide
Easement runs north -south approximately 200' near the
west side of Lot 1, Wright Addition. (just east of the
intersection of Quirt Avenue, Loop 289, and the Slaton
Highway.) LP&L needs only the south 75' of the
Easement, and the new owner of the property requested
closure of the north 125' for building purposes. This
Easement was acquired at no cost to the City and no
charge to the proponent. Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to pass on first reading Ordinance
#9396 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Organization) for the FY 1991 Program.
RESOLUTION #3484
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 an Agreement
by and between the City of Lubbock and the Steering Committee of the
Lubbock Urban Transportation Study (Metropolitan Planning Organization)
pursuant to 23 United States Code 134 to provide funding by the MPO for
November 8, 1990
Page 786
work performed by the City of Lubbock in maintaining and updating the basic
study elements of the Section 134 planning process, which agreement is
attached hereto and 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 8th day of November, 1990.
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
/s/ David E. Woosley_
David E. Woosley, City
Traffic Engineer
AGREEMENT FILED WITH RESOLUTION
Ns E me :. ':
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO CONTENT:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Each year, the City receives a grant of Planning 112
Funds from the State Department of Highways and Public
Transportation. The funds for FY 1991 total $161,450
for projects specified in the Contract as follow:
Transit ($100,000), Downtown Parking Study ($5,450),
Urban Transportation Plan Updates ($8,000) and Land Use
Plan updates ($48,000). Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3484 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution #3485 authorizing the Mayor to sign
Change Order #1 to Sanitary Landfill Permit Application
(Landfill Expansion Project).
RESOLUTION #3485
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 Change Order
Number One to a Contract previously entered into by and between the City
and HDR Engineering, 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.
Passed by the City Council this 8th day of November, 1990.
F."111*15
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant City
Manager for Safety & Services
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
November 8, 1990
Page 787
► 1.1 ' : ' 1
TO: HDR Engineering
12700 Hillcrest Road
Suite 125
Dallas, Texas 75120-2096
Original Amount of Contract
Amount Previous Change Orders
Net Amount this Change Order
Amended Amount of Contract
Percentage Change of Contract Price is 5.9%
Additional Time of Completion is 0 Days
The Date of Substantial Completion as of
this Change Order is September 30, 1991
$223,500.00
.00
13,090.00
$236,590.00
WHEREAS, it is desirable to make changes in the plans and specifications
for this project.
THIS AGREEMENT WITNESSED: The Contractor to furnish all labor and material
to make changes as per attachment "A", dated June 29, 1990.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 8th day of November, 1990.
CONTRACTOR:
HDR Engineering, Inc.
/s/ William R. Hindman
Senior Vice President
APPROVED AS TO FORM:
/s/ John Ross, Jr.
City Attorney
ATTACHMENT "A" FILED WITH RESOLUTION
111011111416191
City of Lubbock
/s/ B. C. McMinn
MAYOR
APPROVED AS TO CONTENT:
/s/ Lee Ramirez
Superintendent, Solid Waste
The funds approved for this expansion project in the
1989-90 capital projects budget included soil and
ground water testing, engineering, and other work
necessary to acquire a permit for approximately 70
acres west of the present site and to examine options
to maximize the City's landfill capacity. According to
Staff memo, the site being permitted is expected to be
ready for use sometime in late 1991. The funds
approved for the project included cost estimates for
the following:
1) soil boring tests
2) groundwater tests
3) methane gas wells
4) engineering
HDR Engineering, the firm preparing the City's Sanitary
Landfill Permit application, submitted a Change Order
request in the amount of $13,090 to cover additional
services requested by the City as follow:
1) Additional geotechnical services -
7 690
The original project proposal included
an estimate of 13 borings to be drilled
to a 50' depth, and 7 wells to be
drilled to a 100' depth. The final
November 8, 1990
Page 788
90-49B-788-599
(13.)
drilling program required 14 borings
drilled to a 70' depth and 9 wells
drilled to an 83' to 115' depth range.
The number of wells and depth of the
borings were increased to meet the
underground water testing requirements
and to test the suitability of the 150
acres south of the existing site for
possible inclusion in the permit
application.
2) Plugging and capping of four abandoned
wells - $3,000
The original proposal did not include
the plugging and capping of abandoned
wells. In order to comply with State
regulations, four (4) abandoned wells
within the current permitted area were
plugged and capped'.
3) Surveying services - $2,400
After the site area for the new permit
was finalized, a survey was required to
provide an accurate, legal description
and platting of the site, in accordance
with the Site Development Plan and TDH
permit application.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to authorize Resolution #3485 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3486
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 Change Order
Number Two to a Contract previously entered into by and between the City
and HDR Engineering, 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.
Passed by the City Council this 8th day of November, 1990.
ATTEST:
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant City
Manager for Safety & Services
/s/ B. C. McMinn
B. C. McMINN, MAYOR
Zsl Harold Willard
Harold Willard, Assistant
City Attorney
November 8, 1990
Page 789
1:4 am k, III � ly M.-M KIYA6710
TO: HDR Engineering
12700 Hillcrest Road
Suite 125
Dallas, Texas 75120-2096
Original Amount of Contract
Amount Previous Change Orders
Net Amount this Change Order
Amended Amount of Contract
Percentage Change of Contract Price is 19%
Additional Time of Completion is 0 Days
The Date of Substantial Completion as of
this Change Order is September 30, 1990
$223,500.00
13,090.00
29,750.00
$266,350.00
WHEREAS, it is desirable to make changes in the plans and specifications
for this project.
THIS AGREEMENT WITNESSED: The Contractor to furnish all labor and
material to make changes as per attachment "A", dated October 29, 1990.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 8th day of November, 1990.
CONTRACTOR:
HDR Engineering, Inc.
/s/ William R. Hindman
Senior Vice President
APPROVED AS TO FORM:
/s/ John Ross, Jr.
City Attorney
ATTACHMENT "A" FILED WITH RESOLUTION
X
City of Lubbock
/s/ B. C. McMinn
MAYOR
APPROVED AS TO CONTENT:
Zsl Lee Ramirez
Superintendent, Solid Waste
This Change Order is necessary cover costs associated
with an archaeological survey of the proposed expansion
area of the Lubbock Municipal Landfill.
In July, 1990, Parkhill, Smith & Cooper, Inc. (PSC,
Inc.) subcontracted by HDR Engineering as part of the
application process, prepared a land use description in
proximity to the landfill site and conducted routine
correspondence with the Texas Historical Commission
(THC) who, in turn, referred the correspondence to the
Texas Antiquities Commission. The Texas Antiquities
Commission expressed concern that the Blackwater Draw
portion of the site might be a sensitive archaeological
area and advised that they would withhold approval for
the City of Lubbock Landfill Permit until a visit to
the site and specific recommendations could be made.
In early August, 1990, Texas Antiquities Commission
Archaeologist Mark Denton, Dr. Eileen Johnson,
Archaeologist for Texas Tech University Museum, and
representatives from HDR Engineering and Parkhill,
Smith and Cooper, Inc. visited the Lubbock landfill
site. The Texas Antiquities Commission recommended
that the City of Lubbock conduct an archaeological
investigation to include both the 70-acre site and the
additional 150 acre tract to determine if it is
archaeologically sensitive.
November 8, 1990
Page 790
According to Staff memo, HDR Engineering, Inc. will be
asked to prepare an RFP and solicit proposals for the
archaeological investigation. Since the original
project proposal did not envision the large scale
investigation which has been requested by the Texas
Antiquities Commission, additional funds must be
approved for this archaeological survey.
The costs to complete these tasks will be $29,750 and
include $7,250 for HDR to prepare the RFP, select the
archaeologist, monitor the work, file necessary reports
with the Texas Antiquities Commission, and $22,500 for
a subconsultant to conduct the archaeological and
geomorphological survey.
Staff recommended Council authorization to proceed with
the Texas Antiquities Commission recommendation for the
proposed landfill application to be cleared. Staff
will then present information on the City's compliance
at the public hearing. Staff memo pointed out that
even though an archaeological exam is not specifically
noted in TDH regulations, if this is not done, the City
could be subject to criticism and delays during the
public hearing portion of the permit application and in
the long run, the expense could be more than the costs
of an archaeological investigation.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3486 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-790-600
(14.) Consider Resolution #3487 accepting financial
responsibility for sanitary landfill site.
RESOLUTION #3487
WHEREAS, the City of Lubbock, Texas, has applied for a permit from
the Texas Department of Health to operate and maintain a solid waste facil-
ity to be known as the "City of Lubbock - Windmill Landfill" site; and
WHEREAS, the City of Lubbock as part of the permit procedure is
required to give assurance of the City's financial responsibility to
provide sufficient assets to properly operate the site and to provide
proper closure; NOW THEREFORE:
SECTION 1. THAT the City of Lubbock, Texas, hereby accepts responsi-
bility for the construction, operation, maintenance and proper closure of
the City's solid waste facility to be known as the "City of Lubbock - Wind-
mill Landfill" site in compliance with the Texas Department of Health's
Solid Waste Management Regulations and all permit conditions issued pur-
suant to those regulations; and
SECTION 2. THAT the City hereby accepts full financial responsibil-
ity for the construction, operation, maintenance and proper closure of the
above referenced facility; and
SECTION 3. THAT the City will provide adequate funds for the con-
struction, operation, maintenance and closure of the above referenced
facility in its annual budgets and will acquire additional funds from the
City's Capital Reserve Fund or other sources of funding available to the
City as may become necessary to properly construct, maintain, operate and
effect proper closure of the above referenced facility.
November 8, 1990
Page 791
Passed by the City Council this 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
1.1�7:iiP1�t�1:��til�Ii)►���1►
/s/ Rita Harmon
Rita Harmon, Assistant
City Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
As part of the Landfill Permit application, the Texas
Department of Health requires the City of Lubbock to
provide assurance that Staff will assume financial
responsibility for the landfill and will provide
sufficient assets for the construction, operation,
maintenance and proper closure of the landfill, based
on EPA subtitle "D" requirements.
Motion was made by Councilman Aderton, seconded by
Councilman Patterson to authorize Resolution #3487 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-791-601
(15.) Consider Resolution #3488 authorizing the Mayor to sign
a Grant Application with the U. S. Department of
Education for continuation of Library Literacy Program.
RESOLUTION #3488
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 Grant Appli-
cation and associated documents for library literacy projects by and
between the City of Lubbock and the U.S. Department of Education, which
grant application 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 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant
City Manager
APPLICATION FILED WITH RESOLUTION
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This Resolution authorizes continuation of Literacy
Programs grant from the U. S. Office of Education. To
continue the "Read to Achieve" Project, $34,935 is
needed for October 1, 1991 through September 30, 1992,
and the deadline for application is November 9, 1990.
November 8, 1990
Page 792
Review by the SPAG Board of Directors has been
established for November 13. Although no local match
is required, the City provides $10,000 in local in -kind
match through use of office space, TV productions, and
staff support.
Council authorized the Library to apply for first -year
funding in 1989, formal notice of grant award was
received in June, 1990, and the project was initiated
October 1, 1990, with funds totalling $25,000. Council
approval was given in recognition of the serious local
needs for literacy noted in the Lubbock Human Needs
Assessment, 1988, and grant funding targeted the
following two specific issues: (1) limited program
opportunity'in Lubbock for adults; and (2) the gap
between service providers and those who need help. The
Grant Program primarily included hotline, training of
volunteers, student assessment and referral, and
promotion.
According to Staff memo, this grant application would
enable continuation of current year services through
the employment of a parttime coordinator; purchase of
microcomputer and software to maintain information on
students, volunteers, and supports; and purchase of
workbook instructional materials for tutors and
students. Staff estimated that 150 volunteers will be
trained and 160 student assessments and referrals will
be made in addition to the hot line contacts and
presentations to community organizations.
Additionally, second year funding will provide the
foundation for the program to sustain itself in the
future through local support.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize Resolution #3488 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
go :I
(16.) Consider Resolution #3489 authorizing the Mayor to sign
amendments to Contract for claims handling services
with Crawford and Company.
RESOLUTION #3489
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, Addendum No.
II that amends the original contract by and between the City of Lubbock and
Crawford & Company dated July 14, 1989, 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 8th day of November, 1990.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
November 8, 1990
Page 793
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant
City Manager for Financial Services
STATE OF TEXAS
APPROVED AS TO FORM:
/s/ Dennis W. McGill
Dennis W. McGill, Trial Attorney
CRAWFORD & COMPANY
ADDENDUM #2
CONTRACT NO. 3628
PREPARED 10-01-90
CLIENT CODE 01277
CRAWFORD & COMPANY, hereinafter referred to as the "Servicing Company", and
CITY OF LUBBOCK, hereinafter referred to as the "Client", mutually agree to
the following amendment to the July 14, 1989, Claim Service Contract #3628.
1. Page 1, section (3) is amended to read as follows:
N1
3.
4.
Al
194 State Workers' Compensation Medical Only
claims @ $59.25 per claimant = $ 11,494.50
140 State Workers' Compensation Other Than
Medical Only Claims @ $366.50 per claimant = $ 51,310.00
72 Automobile Liability Claims @ $203.75
per claimant = $ 14,670.00
158 General Liability claims @ $203.75
per claimant = $ 32,192.50
GIs 5101 U-13 Nori
Page 1, last paragraph first sentence is amended to read as follows:
The "Client" agrees to pay the "Servicing Company" at the rate of
one -twelfth (1/12) of $109,667.00 per month ($9,138.92).
Page 2, immediately following paragraph 2, a new paragraph is added
as follows:
Claims handled by the "Servicing Company" with dates of accident
prior to the effective date of this contract shall be handled on a
time and expense basis.
Page 2, immediately following paragraph 5, a new paragraph is added
as follows:
Pre -hearings shall be handled by the "Servicing Company" at a flat
rate of $125.00 per hearing.
Page 3, Section I.A., is amended to read as followsL
I. THE "SERVICING COMPANY" AGREES:
A. To review all claim and/or loss reports with claims
and/or loss dates incurred October 1, 1986, through
July 13, 1989 in accordance with the "Client's" Claims
Service Agreement for all accident/occurrence lines of
exposure or claims and/or losses made during the term
of this contract for all claims made lines of exposure
to the "Client".
On July 13, 1989, the City of Lubbock entered into a
Contract with Crawford and Company for processing
claims for liability and worker's compensation for five
years, with a provision for adding revisions each year.
Addendum #1 adds professional liability claims to the
list of the types of claims that should be handled on a
"time and expense" basis by Crawford and Company.
According to Staff memo, this should have been in the
original Contract but was inadvertently left out.
November 8, 1990
Page 794
According to the provisions in the Contract, Addendum
#2 was added to increase the fees. The fees in 1989-90
were $94,068.50, and this increase will result in an
overall approximate 6 1/2% increase.
Staff advised that the increase in cost is justifiable 7
in relation to industry standards and recommended
Council approval of these adjustments to the Contract
with Crawford and Company.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Baker to authorize Resolution #3489 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-794-603
(17.) Consider Resolution #3490 creating a Citizens Advisory
Committee for a 1992-94 Capital Improvements Program.
RESOLUTION #3490
WHEREAS, the City Council has received, in the past, the contribu-
tions of the Citizen Advisory Committee in studying capital improvement
programs for the City of Lubbock; and
WHEREAS, the services of the Citizen Advisory Committee can best be
utilized if its composition and operation is updated; and
WHEREAS, it is beneficial for a Citizen Advisory Committee to make
recommendations to the Council for capital improvement needs for a 3-5 year
period, including methods of financing these projects; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the previous resolutions establishing and governing the Citizen
Advisory Committee are hereby repealed and replaced by this resolution.
THAT a Citizen Advisory Committee is hereby created to be composed of
a Chairman, appointed by the Mayor and 45 members who shall be appointed by
the City Council. The membership of the Citizen Advisory Committee shall
be organized as follows:
1. The Citizen Advisory Committee shall be divided into five (5)
subcommittees to study the capital improvements indicated.
Transportation: (Streets, Transit, Airport, Traffic Signals,
and Street Lighting)
Community and Municipal Facilities: (Parks and Recreation,
Golf, Library, Civic Center, and Municipal Buildings)
Public Health and Safety: (Fire, Police, Health, Animal
Shelter, and Solid Waste)
Utilities: (Electric, Water, and Sewer)
Finance:
2. Each subcommittee shall consist of nine (9) members as follows:
Transportation: (Airport Board Chairman, Citizen's Traffic
Commission Chairman, Transit Advisory Board Chairman,
Planning & Zoning Commission Chairman and five (5)
members by Council appointment)
Community and Municipal Facilities: (Parks and Recreation Board
Chairman, Civic Center Board Chairman, Library Board
Chairman and six (6) members by Council appointment)
November 8, 1990
Page 795
3.
Public Health and Safety: (Health Board Chairman and eight (8)
members by Council appointment)
Utilities: (Electric Utilities Board and eight (8) members by
Council appointment)
Finance: (nine (9) members by Council appointment)
The Mayor shall appoint subcommittee chairmen from among the
members appointed to each subcommittee.
THAT an Executive Committee of the Citizen Advisory Committee is
established, to be composed of the Chairman of the Citizen Advisory Commit-
tee and the Chairman of each subcommittee. The Executive Committee shall
review reports from the subcommittees, and make a report to the City
Council in such form and depth to clearly identify recommended capital im-
provement projects needed for a 3-5 year period, including recommended
financing, to assist the Council in the study of proposed capital improve-
ment programs for the City of Lubbock.
The Executive Committee shall also consider and recommend appropriate
methods to properly inform the public of needed capital improvements that
may result in bond issues for financing the projects.
The Citizen Advisory Committee, or any of its subcommittees, may from
time to time invite interested citizens and elected or appointed officials
of the City of Lubbock to participate in discussions concerning the Commit-
tee's work.
The Citizen Advisory Committee shall be activated for the period of
time required to complete the study and make the recommendations requested
by the City Council.
Appointments as Chairman and members of the Committee shall be for
the duration of the activation of the Citizen Advisory Committee.
The City Manager shall appoint a member of his staff to act as secre-
tary of the Citizen Advisory Committee, other staff to act as liaison(s)
for the subcommittees, and shall provide all possible assistance to the
Committee.
Passed by the City Council the 8th day of November, 1990.
ATTEST:
/sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bob Cass
Bob Cass, Deputy City Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Resolution creates a Citizens Advisory Committee
wherein the Mayor will appoint the overall chairman and
the chairman of each subcommittee. The subcommittee
members will be made up of current advisory board
chairmen as their activities relate to the
subcommittees, and additional committee members to be
appointed by Council, bringing the total membership for
each subcommittee to nine. According to the
Resolution, the following appointments are needed:
November 8, 1990
Page 796
90-49B-796-604
(18.)
Transportation -- five appointments
Community and Municipal Facilities --
six appointments
Public Health and Safety -- eight appointments
Utilities -- eight appointments
Finance -- nine appointments
Staff recommended approval of the Resolution.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to authorize Resolution #3490 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3491
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 an agreement
between The Child Advocacy Research and Education Center of the Texas Tech
University Health Sciences Center School of Medicine Department of
Pediatrics ("C.A.R.E. Center") and the City of Lubbock, relating to the
provision of services in investigations of child abuse cases referred to
C.A.R.E.. Center by the Police Department of the City of Lubbock, a copy of
which agreement is attached, 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 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Donald R. Bridgers
Donald Bridgers, Chief of Police
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Dennis W. McGill- i
Dennis W. McGill, Trial Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT TO AGREEMENT FOR
SERVICES IN INVESTIGATIONS OF CHILD ABUSE
WHEREAS, it is in the public's interest to investigate the physical
or mental health or welfare of a child who has been or may be adversely
affected by abuse; and
WHEREAS, the Police Department of the City of Lubbock is lawfully
charged with the investigation of possible instances of child abuse; and
November 8, 1990
Page 797
WHEREAS, the C.A.R.E. Center of Texas Tech University Health Sciences
Center School of Medicine Department of Pediatrics can provide the City
with the specialized service of forensic evaluation in suspected child
abuse investigations; NOW THEREFORE:
THIS AGREEMENT is made this 8th day of November, 1990, by and between
the Texas Tech University Health Sciences Center School of Medicine
Department of Pediatrics C.A.R.E Center, hereinafter referred to as
C.A.R.E. Center and the City of Lubbock, Texas, hereinafter referred to as
City. This Agreement is entered into pursuant to Texas Revised Civil
Statutes Annotated, Art. 4413(32c) (Vernon 1976).
I all a k1111:911 IFIT01,41
The purpose of this Agreement is to state the terms and conditions
under which C.A.R.E. Center will provide City with medical evaluation, case
review, consultation, professional training, and other needed services in
investigations of child abuse in cases referred to C.A.R.E. Center by the
Police Department of the City of Lubbock.
NOW THEREFORE, in consideration of the mutual promises herein
contained, the parties hereto agree:
111421als
LPD -- Police Department of the City of Lubbock.
City -- The City of Lubbock, Texas.
C.A.R.E. Center -- The Child Advocacy Research and Educa-tion
Center of the Texas Tech University Health
Sciences Center School of Medicine
Department of Pediatrics.
Referred Case -- a referred case as used in this Contract shall
be:
1) a case specifically referred to
C.A.R.E. Center by City in writing
with a request for C.A.R.E. Center
services, hereinafter enumerated;
2) a case where C.A.R.E. Center has
previously provided the services,
hereinafter enumerated, on its own
behalf or at the request of a third
party and subsequently LPD requests
in writing that C.A.R.E. Center fur-
nish copies, reports or performs
other services, hereinafter enumer-
ated, and based upon such services
initiates a crime report and assigns
said case for investigation and no-
tifies C.A.R.E. Center of such fact;
3) a case where C.A.R.E. Center has
previously provided the services,
hereinafter enumerated, on its behalf
or on behalf of a third party and
subsequently LPD requests in writing
that C.A.R.E. Center furnish copies,
reports or performs other services,
hereinafter enumerated, and based
upon such service so provided
determines that no crime report
should be created or further
investigation had.
November 8, 1990
Page 798
SERVICES PROVIDED
1. The C.A.R.E. Center will provide forensic evaluation for outpatients
which includes medical examination, consultation with LPD personnel
and a written report on referred cases.
2. The C.A.R.E. Center will provide forensic evaluation for hospital
inpatients which includes medical examination, consultation with LPD
personnel and a written report on referred cases.
3. The C.A.R.E. Center will provide weekly discussion as needed of
current referred child abuse cases by the Multi -disciplinary Case
Review Team (MCRT) of which one member is an LPD staff member at the
rate of ONE HUNDRED AND NO/100 DOLLARS ($100.00) per hour.
4. The C.A.R.E. Center will provide eight (8) hours of formal training
of LPD personnel in the recognition of child abuse cases, and in the
handling of child abuse investigations for which the C.A.R.E. Center
will be compensated for eight (8) hours of training and four (4)
hours of preparation time at the rate of ONE HUNDRED AND NO/100
DOLLARS ($100.00) per hour.
5. The C.A.R.E. Center will provide such other consultative services as
needed in the investigation of child abuse cases referred to the
C.A.R.E. Center by LPD, including expert information necessary to
support LPD arrests.
COMPENSATION
The City shall pay C.A.R.E. Center TWO THOUSAND NINE HUNDRED AND
NO/100 DOLLARS ($2,900.00) per month, which is the monthly prorated amount
of the estimated THIRTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS
($34,800.00) in services that C.A.R.E. Center will provide City in a year.
The estimated amount of THIRTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100
DOLLARS ($34,800.00) is based on a projected fifty-five (55) referred cases
per year plus MCRT and LPD training time. The C.A.R.E. Center will provide
outpatient and inpatient services, including three (3) hours of medical
examinations and one (1) hour of consultation with LPD and the issuing of a
written report at a cost of FOUR HUNDRED AND NO/100 DOLLARS ($400.00) per
case (4 hours of services at $100.00 per hour). In the event C.A.R.E.
Center requires more than four (4) hours to properly evaluate a case for
forensic purposes, C.A.R.E. Center shall secure written authorization from
City for compensation for such additional services. To facilitate this
method of payment, C.A.R.E. Center will send City a detailed statement at
the end of each month indicating what services were provided and the number
of hours spent on each referred case. The statement from C.A.R.E. Center
will be verified with LPD records and no payment shall be rendered for any
case not referred by City.
Notwithstanding anything to the contrary contained in this Contract
but subject to the minimum amount of payment hereinafter set forth, the
City shall compensate C.A.R.E. Center only for those cases which are
referred cases and only for the services enumerated in the "Services
Provided" clause of this Agreement as requested in writing by LPD.
If the services provided City by C.A.R.E. Center in any one month,
based on the number of projected referred cases, exceed TWO THOUSAND NINE
HUNDRED AND NO/100 DOLLARS ($2,900.00), C.A.R.E. Center shall submit to
City an itemized statement justifying an increased amount of payment based
on an hourly rate of ONE HUNDRED AND NO/100 DOLLARS ($100.00) per hour.
Payment for the increased amount will be made in the next monthly payment
or as soon thereafter as possible for City.
The TWO THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($2,900.00) monthly
payment hereinabove set forth shall be the minimum monthly payment as the
City recognizes the need for a program of services offered by a service
such as C.A.R.E. Center. The existence of this program and its ready
availability is of overall benefit to the citizens of the City of Lubbock
and is beneficial to the health, safety and welfare of all citizens as it
November 8, 1990
Page 799
is one method to improve the care and upbringing of our children and help
lessen the crime rate because of the prevention or removal of cases from
the criminal justice system. Further, the immediate availability of
experienced persons to train and assist police officers in the evaluation
of cases involving suspected child abuse is of the highest value and
importance to the police department.
To ensure the City that C.A.R.E. Center is performing the functions
it represents that it performs, C.A.R.E. Center shall submit a detailed
report at least quarterly to the City Council showing but not limited to
the numbers and types of cases it has handled during the proceeding
quarter. This report shall also show the nature and extent of research,
counseling and prevention programs. The time for submission of said
reports shall be determined from the date of this amendment. The final
annual quarterly report shall also contain a summation of said terms for
the proceeding year.
In no event can the total number of hours for which C.A.R.E. Center
is compensated by City exceed eight hundred (800) hours for the term of
this Agreement. The City retains the right to audit the books of C.A.R.E.
Center respecting the within subject matter. The C.A.R.E. Center will
issue to the City a report each four (4) months which summarizes the
services provided and compensation received.
TERM OF AGREEMENT
The term of this Agreement shall commence on the 1st day of October,
1990, and shall continue in full force and effect through the City's fiscal
year, which ends on September 30, 1991, unless terminated earlier by sixty
(60) days written notice from either party to the other. The City will pay
for the performance of services from current revenues available to City.
This Agreement may be renewed annually.
C.A.R.E. CENTER'S LIABILITY
The C.A.R.E. Center shall hold City free from any liability or
responsibility for the acts and omissions of C.A.R.E. Center and its
authorized agents and employees in the performance of any terms and
conditions of this Agreement, and for services rendered by C.A.R.E. Center,
insofar as allowed by the laws and Constitution of the State of Texas.
CONFIDENTIALITY
In keeping with the safeguarding by the medical profession of
information about a patient obtained in the course of medical treatment,
the results of all evaluations consultations and examinations of cases
referred to the C.A.R.E. Center by LPD will be kept in the strictest of
confidence by C.A.R.E. Center and its employees. Information about
individual child abuse cases will be released only to designated LPD
personnel and in compliance with Texas Family Code Annotated, §34.02
(Vernon 1986).
1. This Agreement and all supplements and agreements incidental thereto
shall be construed by and governed by the Ordinances of the City of
Lubbock and the laws of the State of Texas.
2. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Agreement.
3. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this Agreement shall
November 8, 1990
Page 800
be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
4. This Agreement constitutes the sole and only agreement of the parties
hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
5. This Agreement shall be changed only by written amendment.
IN WITNESS THEREOF, the parties to these presents have agreed upon
and executed this Agreement for Services in Investigations of Child Abuse
this 8th day of November, 1990.
CITY OF LUBBOCK, TEXAS (CITY)
BY:/sZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald R. Bridgers
Donald R. Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Dennis W. McGill
Dennis W. McGill, Trial Attorney
TEXAS TECH UNIVERSITY HEALTH SCIENCES
CENTER SCHOOL OF MEDICINE DEPARTMENT
OF PEDIATRICS C.A.R.E CENTER
HE
TITLE:
ATTEST:
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
128H*11114H
VICE PRESIDENT for Fiscal Affairs
Associate General Counsel
This is a renewal of the Contract for Services with the
C.A.R.E. Center approved by Council August 24, 1989,
with two modifications. The pay back requirement
included in the previous agreement has been eliminated.
The C.A.R.E. Center will receive $2,900 per month,
which is the monthly prorated amount of the estimated
$34,800 in services the City will receive from the
C.A.R.E. Center. The 1990-91 allocation of $34,800
approved by the City Council is based on a projected 55
November 8, 1990
Page 801
referred cases per year, plus Multi -Disciplinary Case
Review Team discussions and Lubbock Police Department
training time. In the event that services provided by
the C.A.R.E. Center exceed $2,900, the Center will
submit to the City an itemized statement justifying the
increase based on an hourly rate of one hundred dollars
per hour.
To ensure that the C.A.R.E. Center is performing the
functions it represents, the new Contract requires that
the C.A.R.E. Center submit a detailed quarterly report
to the City Council showing the number and types of
cases it has handled during the proceeding quarter.
The quarterly report is in addition to the detailed
monthly statement the C.A.R.E. Center submits to the
Lubbock Police Department indicating what services and
the number of hours spent on each referred case.
This Contract outlines five services the C.A.R.E Center
has agreed to provide the Lubbock Police Department
during FY 1990-91 as follow:
I. Outpatient Forensic Evaluation: The
C.A.R.E Center will provide forensic
evaluation for outpatients which
include medical examination,
consultation with LPD personnel and a
written report on referred cases.
II. Inpatient Forensic Evaluation: The
C.A.R.E Center will provide forensic
evaluation for hospital inpatients
which include medical examination,
consultation with LPD personnel, and a
written report on referred cases.
III. Multi-DisciDlinary Case Review Team
MCRT): The C.A.R.E Center will
provide weekly discussions as needed of
current referred child abuse cases by
the MCRT of which one member is an LPD
staff member.
IV. LPD Training: The C.A.R.E Center will
provide eight hours of formal training
of LPD personnel in the recognition of
child abuse cases, and in the handling
of child abuse investigations. LPD has
agreed to compensate the C.A.R.E Center
for 8 hours of training and 4 hours of
preparation time for this training.
V. Other Consultative Services: The
C.A.R.E Center will provide such other
consultative services as needed in the
investigation of child abuse cases
referred to the C.A.R.E Center by LPD,
including expert information necessary
to support LPD arrest.
This Contract has been reviewed by Dr. Garcia of the
C.A.R.E Center, the Texas Tech University Health
Sciences Center legal counsel, and City Staff, and the
Lubbock Police Department staff and C.A.R.E Center
staff have verbally agreed to the terms of the
agreement.
November 8, 1990
Page 802
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to authorize Resolution #3491 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-802-605
(20.) BID #10912--Medical supplies (Health Department).
Baxter Healthcare--10 bx. Pregnancy Test Kit 300/bx; 40
bl. Uristix #2855, 100/bl; 200 bx. needle, vacu multi -
sample, 21gaX1" 100/bx; 4 cs. cotton tip applicator,
sterile, 6" 2/;k. 1000/cs.; 5 cs. microscope slide
cover, glass, 1 oz bx, 12 bx/cs.
Total Pharmacy, Arlington--20 cs. medicine bottle,
amber plastic 8-Dram 200/cs; 10 cs. medicine bottle,
amber plastic, 16-Dram 100/cs; 8 cs. medicine bottle,
amber plastic, 20-Dram 100/cs.
General Medical, Wolfforth--30 cs. specimen collection
container w/lid 4 oz. sterile 100/cs; 40 bx.
Benzalkonium Antiseptic towelette 100/bx; 2 cs.
speculum, vaginal, lg, disposable plastic 100/cs; 10
bx. needle, 18 gaXl" 100/bx; 20 cs. needle/syringe
collector w/needle remover, 8.2gt. 12/cs; 6 cs. cotton
ball, unsterile 2 bg/cs; 48 cs. gown, disposable, blue
50/cs.
Taylor Medical, Odessa--20 cs. needle/syringe collector
w/needle remover, 6.9gt 12/cs; 210 bx. exam drape sheet
100/bx.
Martin Surgical, Houston--6 cs. catheter kit, female,
w/gloves, wipes 25/cs; 300 cs. cup, clear plastic, 5
oz. 100/cs; 10 cs. instrument wrap, 1000/cs.
Medline Industries--500 bx gloves, latex, med.
unsterile 100/bx; 300 bx. gloves, latex, small
unsterile 100/bx.
United Medical--250 bx. alcohol prep pad 200/bx; 10 bx.
scapel disposable w/#15 blade 10/bx; 10 bx. scapel,
disposable w/#10 blade 10/bx; 20 cs. speculum, vaginal,
sm., disposable plastic 100/cs; 10 cs. speculum,
vaginal, med. disposable plastic 100/cs; 10 bx. needle,
25gaX5/8" 100/bx; 100 bx. needle, 25gaX1" 100/bx; 25
bx. syringe, 3 ml, w/needle 25gX5/8" 100/bx; 25 bx.
syringe, 3 mi, w/needle, 25gX1" 100/bx; 2 bx. syringe,
luerlock, 10ml, 5/bx; 5 bx. syringe, luerlock, 5mi,
5/bx; 10 bx. applicator, Urethro-Genital Calcium
Alginate 1000/bx; 100 bx. Procto cotton swab applicator
50/bx; 65 bx. table paper, smooth 12/bx; 18 cz. jelly
lubricant, 9oz tube ldz/ctn.
Durr-Fillauer Medical, Amarillo--40 bx. towellette
w/tincture green soap 100/bx; 250 bx. Band-Aid spot
100/bx; 10 bx. sponge, gauze, sterile, 4X3 8-ply 2pk,
150/bx.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-802-606
(21.) BID #10940--Inst
Services).
November 8, 1990
Page 803
RESOLUTION #3492
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 Row Wall Electric for installation of
exterior lighting for Municipal Building, 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 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
F.112
/s/ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
THIS AGREEMENT, made and entered into this 8th day of November, 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 Row Wall Electric 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. 10940 - FOR INSTALLATION OF EXTERIOR LIGHTING FOR MUNICIPAL
BUILDING IN THE AMOUNT OF $53,337.00
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.
November 8, 1990
Page 804
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:
Row Wall Electric Company
P.O. Box 1914
Lubbock, Texas, 79408
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. M1cMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
ROW WALL ELECTRIC COMPANY
Zs/
TITLE: President
ATTEST:
/s/
Secretary
Row Wall Electric
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize Resolution #3492 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Brandon & Clark Electric--1 ea. Trailer Mounted 5KW
Generator per Spec. 921.
Waukesha -Pearce Ind., Odessa--1 ea. Trailer Mounted
1OKW Generator per Spec. 938.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
(23.) BID #10845--Security System for Municipal Hill
operations, and authorize same (Building Services).
RESOLUTION #3493
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 Vidcom for a Security System for
Municipal Hill Operations, 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.
November 8, 1990
Page 805
Passed by the City Council this 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Gene Eads
Gene Eads, Purchasing Manager
[0111 ki I I 'JITO
STATE OF TEXAS
go] I I ki k wall M Ul
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
THIS AGREEMENT, made and entered into this 8th day of November, 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 VidCom 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. 10845 - FOR INSTALLATION OF SECURITY SYSTEM FOR MUNICIPAL HILL
OPERATIONS IN THE AMOUNT OF $13,439.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ B. C. McMinn
City Secretary B. C. McMINN, MAYOR
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Gene Eads /s/ Donald G. Vandiver
Gene Eads, Purchasing Manager Donald G. Vandiver, First
Assistant City Attorney
November 8, 1990
Page 806
COMPLETE ADDRESS:
VIDCOM CORPORATION
/s/
TITLE: President
ATTEST:
/s/
Secretary
VidCom Corporation
P.O. Box 6082
Lubbock, Texas, 79493
Vidcom
Motion was made by Councilman Patterson, seconded
Councilman Maloy to authorize Resolution #3493 as
recommended by Staff. Motion carried: 7 Yeas; 0
90-49B-806-609
(24.) BID #10863--Distribution Transformers (Electric
Distribution).
by
Nays.
Bids to be awarded based on ranking and availability of
items.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to award bids based on ranking and
availability of items. Motion carried: 7 Yeas; 0
Nays.
(25.) BID #10933--Double check valves (Parks and Recreation).
Morrison Supply Co.--2 ea. double check valve assembly,
1-1/211; 6 ea. double check valve assembly, 3"; 2 ea.
double check valve assembly, 6".
Clowe & Cowan--4 ea. double check valve assembly, 1"; 4
ea. double check valve assembly, 4".
Western Industrial Supply--8 ea. double check valve
assembly, 2"; awarded tie bid item: 4 ea. double check
valve assembly, 2-1/2".
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bids meeting
specifications, and due to a tie bid between Morrison
Supply and Western Industrial Supply, a drawing was
held, and the bid for 4 ea. double check valve
assembly, 2-1/2" was awarded to Western Industrial
Supply. Motion carried: 7 Yeas; 0 Nays.
90-49B-806-611
(26.) BID #10983--Vehicles (Central Garage).
Gene Messer Ford, Inc.--1 ea. 2-door Sedan per Spec. S-
2131; 1 ea. 2-Door Sedan per Spec. S-213.2; 1 ea. 2-
door Sedan per Spec. S-213.3; 1 ea. 2 or 4-door Sedan
per Spec. S-213.4.
November 8, 1990
Page 807
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-807-612
(27.) BID #10936--Rotary distributor arms (Water Utilities).
Enviroquip, Inc., Austin--2 ea. secondary rotary
distribution arms.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-807-613
(28.) BID #10915--Medications (Health Department).
Lederle Laboratories, Wayne, NJ--6 bl. Penicillin v
Potassium, 250mg 1000/bl.
Ortho Pharmaceutical--5 cs. Ortho-Novum 1/50, 28-day
cycle, 288 cycles/cs; 10 cs. Ortho-Novum 1/35, 28-day
cycle, 288 cycles/cs; 50 cs. Ortho-Novum 7/7/7, 28-day
cycle, 288 cycles/cs.
Rugby Laboratories, Westbury, NY--50 bl. Lindane Lotion
USP 1%, 2 oz./bl; 100 bl. Lindane Shampoo USP 1%, 2
oz/bl; 288 bl. Pyrinyl Liquid Pediculicide 4 oz/bl,
w/comb.
Goldline Laboratories--840 bl. OTC Prenatal
Multivitamin w/Folic Acid/Iron 100/bl.
Martin Surgical Supply, Houston--100 ea. Spectinomycin,
2 gm vial; 6 bl. Erythromycin Base, 250mg 500/bl; 9 bl.
Erythromycin Base 500 mg. 500/bl; 15 bl. Penicillin v
Potassium 500 mg 1000/bl; 40 bl. Metronidazole 500 mg
500/bl; 9 bl. PCE Dispertab, 333mg 500/bl; 480 bl. Iron
Tablet, 65mg 100/bl.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-807-614
(29.) BID #10876--Rogers Community Center renovation, and
authorize same (Building Services).
RESOLUTION #3494
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 Daniel Ortega Construction Company,
Inc. for building renovations at Rodgers Community Center, 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.
November 8, 1990
Page 808
Passed by the City Council this 8th day of November, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/sZ B. C. McMinn
B. C. McMINN, MAYOR
CONTRACT
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
THIS AGREEMENT, made and entered into this 8th day of November, 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 Daniel Ortega Construction 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. 10876 - FOR BUILDING RENOVATIONS AT RODGERS COMMUNITY CENTER
IN THE AMOUNT OF $78,045.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MOW
rwyjllj���" �
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
November 8, 1990
Page 809
COMPLETE ADDRESS:
Daniel Ortega Construction Company
5147 69th Street, Suite D
Lubbock, Texas, 79424
(19.)
(30.)
90-49B-809-616
(32.)
DANIEL ORTEGA CONSTRUCTION COMPANY
/s/
TITLE: President
ATTEST:
/s/
Secretary
Daniel Ortega Construction Co.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize Resolution #3494 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Hold an Executive Session to discuss pending litigation
regarding Streets -Utilities.
Hold an Executive Session to discuss personnel matters
regarding duties, responsibilities, and/or appointments
to:
Urban Renewal Board of Commissioners/Neighborhood
Redevelopment Commission
Planning and Zoning Commission
Citizens Advisory Committee
Consider five appointments to the Urban Renewal Board
expire November 26, 1990.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to reappoint Lynnda Jenkins, Scott
Badgett, Jimmy Smith, Owen McWhorter, Jr., and Elaine
McNair to the Urban Renewal Board of Commissioners/
Neighborhood Redevelopment Commission. Motion carried:
7 Yeas; 0 Nays.
Consider three appointments to the Planning and Zoning
Commission. The terms of Douglas Moore, Jack Sebastian
and Bill McCay will expire on November 16, 1990.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to reappoint Douglas Moore, Jack
Sebastian and Bill McCay to the Planning and Zoning
Commission. Motion carried: 7 Yeas; 0 Nays.
November 8, 1990
Page 810
90-49B-810-617
(33.)
There being no
Mayor Pro Tem
at 11:34 a.m.
Consider 46 appointments to the Citizens Advisory
Committee.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson appointing to the Transportation
Subcommittee Joe Horkey, Trudy Putteet, Harold Chatman,
Kyle Fulton, Robert Greenhill, Nellie Gomez, Marcy
Lawless, R. J. Givens, and Tom Nichols. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy appoint to the Community and Municipal
Facilities Subcommittee Al Couch, Helen Otken, Mavis
Miller, Dr. Heenan Johnson, Sr., Randy Roberts, Molly
Hall, Lewis Gamboa, Mike Field, and Fulton Berry.
Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson appointing to the Public Health
and Safety Subcommittee Greg Garrison, John Elliott,
Steve Hay, Louise Cummins, David Miller, Dr. Damon
Hill, Chris Carpenter, Eunice Word, and Michael
Martinez. Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo appointing to the Utilities
Subcommittee Jim Gilbreath, Marshall Taylor, Sr., Maria
Luisa Mercado, Byrnie Bass, Lonnie Hollingsworth, Bob
Edwards, Adam Lara, Jake Webb, and Gene Ehler. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Baker appoint to the Finance Subcommittee
Marjorie Kastman, Leroy Montoya, Ben Robinson, Bill
Leavelle, Bill Loyd, Jerry Schaffner, Bill Blackman,
Mike Cunningham, and Jim Riddle. Motion carried: 7
Yeas;
0 Nays.
further business to come before Council, motion was made by
Baker, seconded by Councilman Phillips to adjourn the meeting
Motion carried: 7 Yeas; 0 Nays.
B. C. McM`INN, 'MAYOR
Raneyte Boyd, City Secra ar
READ AND APPROVED THIS 15TH DAY OF NOVEMBER, 1990
. IS
ATT
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