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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 . 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