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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/13/1986REGULAR CITY COUNCIL MEETING MINUTES N0VBM8ER 13, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 13th day of November, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Te0 Joan Baker, C0UDcjl0aD T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie TrS'0^ Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr', and City Secretary Ranatte Boyd' Absent: Councilman George Carpenter Mayor McMinn called the meeting to order at 9:00 a.m. 86-45A-480-750 ( 1.) The Invocation was given by Bob Cass, Deputy City Manager. 85-45A-480-75I � 2'\ The Pledge of Allegiance was given in unison by those in the Council Chambers. 86-45A-480-752 ( 3.\ Motion was made by Councilman Patterson, seconded by Councilwoman Tr '0 to approve the Minutes of the October 23, 1986 Regular City Council meeting as written- Motion carried: 7 Yeas; O Nays 86-45A-480-753 ( 4') Citizen Board Appointments ( 5'\ Edward Breihan will appear on behalf of the Electric Utility Board to present a proposed change in tariffs for Lubbock Power and Light. A. Resolution #2462 authorizing Lubbock Power and Light to adjust a Riscellaneous Service Charge Tariff effective December 1, 1986. RESOLUTION #2462 ORDER AND RESOLUTION #2462 WHEREAS, Lubbock Power and Light and Water heretofore upon November 3, 1986, filed an application with the City Secretary of the City of Lubbock requesting a change in tariffs with regard to miscellaneous service charges; and WHEREAS, such rate changes will affect only a small percentage of the customers of the utility and is not a major change; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Lubbock Power and Light and Water may implement the changes in tariff filed with the City Secretary of the City of Lubbock, a copy of which statement of intent is attached hereto as Exhibit A, as of December l, I988- ATTE5T: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald Director of Electric Utilities 481 November 13, I986 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney MISCELLANEOUS SERVICE CHARGES TARRIFF NUMBER 5,0 APPLICABLE: The service charges listed are applicable to all customers served by Lubbock Power and Light and are in addition to any other charges made under Lubbock Power and Light's tarriffs for electric service or under Lubbock Power and Light's operating policies. TERRITORY: Lubbock, Texas NAME AND DESCRIPTION After Hours Connection Charge is made when a new connect or a re -connect is requested by a customer outside Of regular working hours. This includes field collection of any delinquent bill or deposit after regular working hVurs, Regular Hours Connection Charge is made when a re- connect is requested by a customer during regular working hours. Regular working hours are defined as weekdays from 8:00 A.M. to 5:00 P.M. and do not include City holidays. This includes field collection of any delinquent bill or deposit during regular working hours. CHARGE $25.00 $15.00 Edward Breih6n, Chairman of the Electric Utility Board, presented recommendations of that Board to City Council' Mr. 8rgihaO stated that the Electric Utility Board is recommending City Council authorize tariff changes which would provide a rate modification related to miscellaneous service charges for Lubbock Power and Light. This proposed tariff increases certain miscellaneous service charges related to after hours C0DDeCti0D charges and field cO]l8CtiOD charges and are proposed for increase to reflect the true cost of performing these services. Overall these charges will affect only a small percentage of the Utility's cus- tomers. | Mr. 8r8ihan outlined the proposed increases as follows: After hours cVnU8CtiVD charge increase from $15 to $25; the field collection charge increase from $6 to $15. The proposed rates will result in a revenue increase of approximately «41,280 per year, or 0'09%' As a result of the Electric Utility Board's recommendations, Lubbock Power and Light filed a proposed tariff change with the City Secretary November 3, 1986. The Electric Utility Board requested that these fee changes go into effect for billings on or after December l, 1988' Staff concurred with these recommendations and recommended that Council uphold the Electric Utility Board's request. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2462 as recommended by the Electric Utility Board and Staff. Motion carried: 5 Yeas; O Nays, 86-45A-481-755 / 6_) A representative of the Board of City Development will appear to reques approval of the following: A. Consider approval of Letter Agreement between the Board of City bevelopment and South Plains Association of Governments for Government Procurement Outreach Center. B. Consider approval of Letter Agreement between the Board of City Mr' Richard Greenburge presented requests for Council approval of Letto) November 13, I988 482 In accordance with the Ordinance outlining the duties and responsibilities of the Board of City Development, it is necessary for City Council to approve any Contracts where the BCD is delegating some of its functions and responsibility to another entity. The Board of City Development is proposing to enter into an Agreement with the South Plains Association of Governments for the creation of a Government Procurement Outreach Center and COMA to establish a Minority Purchasing Council, to develop trade opportunities relating to the Sister City Program, and provide technical assistance to individuals interested in starting a new business. The South Plains Association of Governments has made a $15,000 request to partially fund their Government Procurement Outreach Center. The BCD is contracting to make quarterly payments of $3,750 until the payment is completed' The Contract also provides for a cancellation clause if the Board does not believe that SPAG is complying with the Agreement. The BCD is also requesting quarterly reports from 3PAG relating to the progress of the procurement canter' The Government Procurement Outreach Center will be established within the South Plains Association of Governments as a tax exempt, private non- profit entity similar to their Caprock Local Development Company's designation. The Government Procurement Outreach Center will be run by an independent Board of Directors' The entities that helped fund this project including the Board of City Development, Lubbock and Garza County Private Industry Council, and any others will have an opportunity to place individuals on the Board of Directors' The South Plains Association of Governments estimates that it will cost approximately «75,000 to $100,000 to operate the center for the first year. This amount will pay the salary and fringe benefits of one full- time staff person, a part-time secretary, and the cost of purchasing any equipment required for the center's operation (i.e., personal computer and software). The Board of City Development is also seeking approval to enter into a Contract with COMA in the amount of $26,375 to undertake the estab- lishment of a Minority Purchasing Council, to develop trade opportunities relating to the Sister City Program with Leon, Mexico and to provide small business technical assistance' COMA will provide the BCD with quarterly reports and the BCD will also make quarterly payments in the amount of $6,583'75 until the Agreement is consummated. A cancellation is also included if COMA fails to meet the contents of the Agreement. Motionwas made by Councilman Patterson, seconded by Mayor Pro Tam Baker to approve Board of City Development Letters of Agreement with the South Plains Association of Governments for a Government Procurement Outreach Center and with COMA for economic development activities. Motion carried: 8 Yeas; O Nays' 86-45A-482-756 ( 7'\ A representative from the Junior League will appear to present Joint Resolution #2463 to establish a Teen Court Program. RESOLUTION #2463 JOINT RESOLUTION #2463 WHEREAS, the Junior League of Lubbock, the Lubbock Lions Club and numerous other interested groups and individuals in the City of Lubbock have researched and investigated the concept of a Teen Court Program for the City of Lubbock; and WHEREAS, such programs allow teens to voluntarily enter a program providing for restitution and community service in lieu of formal court proceedings; and WHEREAS, the City Council of the City of Lubbock and the Lubbock Independent School District Board of Trustees believe that the establishment of a Teen Court Program would be an asset to the community; and WHEREAS, the City Council and the Board of Trustees desire to establish a Teen Court Program for the City of Lubbock with the assistance of the Junior League of Lubbock and other interested groups and individuals; NOW THEREFORE: 483 November 13, 1986 BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL SYSTEM: THAT the City Council and the Board of Trustees desire to jointly establish a Teen Court Program for the benefit of the teens in Lubbock and the community in general; and THAT the cost of such program be shared jointly by the City of Lubbock and Lubbock Independent School District, with the City of Lubbock to receive credit against such costs for in -kind contributions resulting from lost Municipal Court revenues and facilities furnished for the Teen Court Program; and THAT the City of Lubbock shall have the responsibility Of administering the proposed Teen Court Program; and THAT it is understood by the City of Lubbock and Lubbock Independent School District that the Junior League of Lubbock and Lubbock Lions Club will be requested to provide funding for the Teen Court Program from start-up until October I, 1987; and THAT the Junior League of Lubbock will in addition approach its members to furnish volunteer clerical assistance, recruitment of volunteer workers, recruitment of community service work agencies, and other volunteer activities in furtherance of the Teen Court Program; and THAT the Teen Court Program initially will process only Class C Misdemeanors from the Municipal Court and further expansion would be made according to agreement and authority; and THAT appropriate contracts are to be drawn and executed by and between the City of Lubbock, Lubbock Independent School District and the Lubbock Junior League to effectuate the purposes of this Joint Resolution. Passed by the City Council of the City of Lubbock this 13th day of November, 1986. MAYOR ATTEST: RANETTE BOYD, CITY SECRETARY Passed by the Board of Trustees of Lubbock Independent School District this 18th day of November, 1986. ATTEST: /s/ Martha Farmer /s/ Gary 0. Boren MARTHA FARMER, SECRETARY GARY 0. BOREN, PRESIDENT APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Cathy Ranok, representing the Junior League, presented a request for Council authorization Of a Joint Resolution with LISD for establishment of a Teen Court' Ma' Ranck stated that Teen Court is a program that has been established in several cities around the State. The primary objective of the program is to influence teenagers that have a misdemeanor violation at first experience so they will not continue with that type of behavior' The Teen Court is a simulated court situation staffed by volunteers and by teenagers who have previously attended a Teen Court. In order to participate in the Teen Court, a teenage violator must admit guilt and agree with the Municipal Court Judge to attend and participate willfully in the Teen Court Program. Typical sentences issued by the Teen Court are community service work projects and mandated appearances as Teen Court 'UrVrS' November 13, 1985 484 The City of Lubbock Municipal Court is different from other City Municipal Courts in that only Class C misdemeanors are handled- Class C misdemeanors are the violations that du not carry any 'ail time by law' Examples of Class C misdemeanors are theft under $5, traffic violation, under age possession of alcohol, simple assault and municipal code violations. For the subject age group in question, I3-I8 year -olds, the Municipal Court handles only traffic violations and under age possession of alcohol violations. All Class 8 and 8 misdemeanors are handled by the County Court' Due to this unique jurisdiction by the City of Lubbock Municipal Court, the activity may not be as high in those areas where teenagers really need help as it is in other cities' Over the past year, the total number of offenders in the subject age range that have paid fines in Municipal Court has been 187. Total revenue received from fines resulting from these violations was approximately $10,000. This would be the amount of revenue that Staff would anticipate losing if all those violations were assigned to the Teen Court' The Junior League is requesting the City provide office space as well as a place to hold Teen Court one evening each week. Staff estimates that the approximate value of those space requirements would be $2,500 per year. In addition to space requests, the Junior League is proposing the City share with the Lubbock Independent School District one half of the projected annual operating expenses of Teen Court' They suggested that the City and School include these operating costa in their I987-88 budgets' Junior League proposes that the programs begin in April, 1987 and that the Junior League and Lubbock Lions Club provide interim funding until the next fiscal year. The Resolution only describes the concept and basic agreements that have been made verbally between the School and the City in the preliminary planning meeting. Specific Contracts for funding would be presented to the City Council later and would be between the City and the School and then also between the City and the Junior League. Based on the information that has been furnished to the Staff and also that has been collected by the Staff, it is believed that the program would be a benefit to the community as well as an improvement in public relations at the Municipal Court. With the Lubbock Independent School District sharing in the cost, and with the understanding that the cases handled would initially be only Class C cases handled by Municipal Court, it appears to be a reasonable financial situation and therefore, the Staff recommended approval of the Joint Resolution. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to authorize Resolution #2463 requested by the Junior League of Lubbock and as recommended by Staff. Motion carried: 6 Yeas; 0 Nays' ( 8'\ ORDINANCE #8983--Zone Case #2576 (1805 13th Street) --Request of Scott Medanich for zoning change from A-1 to GO on the west 67.5' of Lots 1-2, and the west 67.5' of the north 10' of Lot 3, Block 13, Overton Addition. ORDINANCE #8983 ORDINANCE NO. 8983 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2576^, A ZONING CHANGE FROM A-1 to G0 ZONING ON THE WEST 67'5/ OF LOTS I-2 AND THE WEST 87'5/OF THE NORTH IO/ OF LOT 3, BLOCK 13, OVERTDN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45A-484-758 Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'n to pass on second and final reading Ordinance #8983 as recommended by Staff' Motion carried: 5 Yeas; O Nays' ORDINANCE #89 ORDINANCE #8984 --Zone Case #2573-A (southwest corner of Utica and R-2 on tracts out of Section 22 chanQa from 8-2. A-l. and 485 November 13, 1986 ig'solurakilli:•:� AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-A; A ZONING CHANGE FROM R-2, A-1 AND A-2 to R-1 AND R-2 ZONING ON TRACTS OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 #8984 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-485-759 (10.) ORDINANCE #8986--Zone Case #2437-A (southwest corner of 73rd and Frankford)--Request of Bob Hegdal for zoning change from R-1 and A-1 to R-1 on tracts out of Section 29, Block A-K. ORDINANCE #8986 ORDINANCE NO. 8986 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-A; A ZONING CHANGE FROM R-2 AND A-1 to R-1 ZONING ON TRACTS OUT OF SECTION 29, BLOCK A-K, 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 #8986 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. :Q�f:3l�i;, (11.) ORDINANCE #8985--Zone Case #2557-A (southeast corner of 61st and Slide Road) --Request of Gerald Long for zoning change from C-2 Specific Use to C-2 on Lots 1-20, Block 16, Piedmont Addition. ORDINANCE #8985 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2557-A; A ZONING CHANGE FROM C-2 SPECIFIC USE to C-2 ZONING ON LOTS 1-20, BLOCK 16, PIEDMONT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 #8985 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-485-761 (12.) ORDINANCE #8982--Abandon and close an Underground Utility Easement in the Shadow Hills Addition to the City of Lubbock. ORDINANCE #8982 ORDINANCE NO. 8982 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND ORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8982 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-485-762 (14.) Consider Resolution #2464 accepting paving improvements constructed by Hub City Pavers, Inc. on University Avenue at 8th Street, G.W.O. 9147. RESOLUTION #2464 November 13, 1986 486 RESOLUTION #2464 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED WHEREAS, the City of Lubbock heretofore entered into Contract with Hub City Pavers, Inc' for the making of street improvements on portions of streets and/or avenues in said City including among other the following: University Avenue widening at 8th Street; and WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with terms of said Contract, G.W.O. 9147; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I' THAT the improvements on said portion of University Avenue BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the contractor in the amount of t4,I41.68. SECTION 2' THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of November, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth FU|liDgi0, Assistant City Attorney This is a routine acceptance of paving improvements constructed by Hub City Pavers at 8th Street and University, which included a break in the median and additional turn lanes' This work was extended by Change Order #I which closed the driveway opening to Tonh'o parking lot on the north side of 8th Street and the closing of the driveway opening to Tgch/s parking lot at 9th Street. The amount of the Contract was $72,378 and Change Order #1 added $I8,094.50 for a total of $90,472'50'— The final total amount is $82,833'56 which includes $4,141.68 retaiDaQe which will be due the Contractor upon this acceptance and one half of the total figure will be billed to Texas Tech after this acceptance. This acceptance completes this phase of work at this intersection, but there will be additional work required in the installation of the traffic signal' Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2464 as recommended by Staff. Motion carried: 5 Yeas; O Nays' (l5') Consider Resolution #2465 authorizing a Street Use License for a loading dock on Avenue J. RESOLUTION #2465 RESOLUTION #2465 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 Street Use License in favor of Rainbo Baking Company, 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. 487 November 13, 1986 Passed by the City Council this 13th day of November, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney Street Use License filed with Resolution #2485' Rainbo Parking Company, Inc' has asked to place a duck in the east 8/ of the parkway adjacent to Lot 50, Block 2, of the Dupree Addition, This is located on Avenue J between 22nd and 23rd Streets and will be for loading and unloading products. The wooden ramp will be portable in nature and will cover an area of 8/6x x O/ and the parkway is 12/4n from the back side of the curb to the property line. A n150 application fee was submitted with the application and the annual license will cost $50 or $250 for the first five years. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #2465 as recommended by Staff. Motion carried: h Yeas; O Nays. (I6.) Consider Ordinance #8987 authorizing the removal of the traffic signal at ORDINANCEthe intersection of Amarillo Highway (U.S. 87) and Erskine Street. ORDINANCE #8987 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT ERSKINE STREET AND AMARILLU (U.S. 87) AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. A traffic count taken during July, 1986 indicated that the traffic signal is not warranted at this intersection. The peak traffic hours of the day do not have the minimum required volumes for a signal as established in the Texas Manual on Uniform Traffic Control Devices (TMUTCD)' On September 22, 1986, the Traffic Engineering Department placed the signal in flashing operation. The intersection has worked very well under this operation; there have been no accidents during this period; and no complaints have been rgceived. Therefore, it was recommended that this signal be removed in accordance with Section 4C-2 of the TMUTCD which states that when the warrants are not met, oa traffic signal should neither be put into operation nor continued in operation". Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8987 as recommended by Staff' Motion carried: G Yeas; O Nays' 86-45A-487-7656 (I7') Consider RESOLUTION #2466 November 13, I986 488 RESOLUTION #2466 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, Change Order #17 by and between the City of Lubbock and Lea Lewis General Contractor, Inc', on Terminal Expansion Contract, 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 13th day of November, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Asst. City Attorney CHANGE ORDER AIA Document G70I Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Lubbock Lubbock International Airport CHANGE ORDER N0MBER:Sevanteen(17) (name, address) Terminal Bldg. - Phase II TO:/Contractor) INITIATION DATE: October 13° 1986 ARCHITECT'S PROJECT NO: 82-07-01 F LEE LEWIS GENERAL CONTRACTOR l 2521 - 74TH STREET CONTRACT FOR:GeOeyal Construction E LUBBOCK, TEXAS 79423 l CONTRACT DATE: June 14, 1986 You are directed to make the following changes in this Contract: Incorporate into the work Items No. One (l) thru Fifteen (I5) as indicated on the attached |jat for the additional sum of''''-'$3O,489-OO APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation /s/ Michele Hart Michele Hart, Asst. City Attorney Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustments in the Contract Sum or Contract Time. The original (Contract Sum) was-'.-.....'..'''''','..'.'''', 6,975,775'00 ' Net change by previously authorized Change Orders'''-''-''-' 38,370'00 ' The (Contract Sum) prior to this Change Order waa''''''''''- 7,015,145'00 ' The (Contract Sum) will be (increased) by this Change Order' 88,489'00 ' The new (Contract Sum) including this Change Order will be''$7,05I,034'00 ' The Contract Time will be (unchanged) by /-O-\ days ' The Date of Substantial Completion as of the date of this Change Order there is unchanged' 489 November 13, 1886 Whitaker McQueen Jones & Assoc. ARCHITECT 5211 Brownfield Rd., Suite 101 Address Lubbock, Texas 79407 By /s/ Yancey Jones Date 10/14/86 City of Lubbock OWNER Address Lubbock, Texas Date 11/17/86 Lee Lewis General Contractor CONTRACTOR Address Lubbock, By /s/ Tom E. Ferguson Date 10--28-86 AIA DOCUMENT G70I . CHANGE ORDER ' APRIL 1978 EDITION . AIA . 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WA3HINGTON, D.C. 20000 Lee Lewis General Contractor, Inc' is the General Contractor for the Airport passenger terminal construction which is now nearing completion' The original Contract was $6,978,775 which included $400,000 for contingencies. The original contingency has been used and previous change orders over and above totals $38,370, making the adjusted Contract $7,0I5-145. This Change Order in the amount of $36,488 makes the current adjusted Contract amount $7,051.634. The Airport Board has reviewed this Change Order in detail and recommended it to City Council. Motion was made by Councilwoman Tr 'o, seconded by Councilman Patterson to authorize Resolution #2486 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (I8') Consider request to install an LPG tank for Four Corner's Convenience Store at F.M. 179 and West 19th Street. RESOLUTION #2466-A RESOLUTION #2466-A WHEREAS, Section 1I-I62 of the Code of Ordinances of the City of Lubbock requires that all permits for the installation of liquefied petroleum gas equipment, except for residential use, shall be authorized by resolution of the City Council; and WHEREAS, Mark LaFnn has made application for a permit to install a tank for the storage of liquefied petroleum gas at the northeast corner of West 19th Street and F.M. 179, City of Lubbock, Lubbock County, Texas on behalf of Ru6»/a Gas Company; and WHEREAS, the Fire Marshal and the Building Official have preliminarily approved this installation', and WHEREAS, this installation would not be residential and would be regularly licensed by the Railroad Commission in accordance with the provisions of Section 1I3.083 et seq. of the Texas Natural Resources Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the office of the Building Official of the City is hereby authorized to issue a permit for the installation of liquefied petroleum gas equipment a the northeast corner of West 19th Street and F.M. 179, City of Lubbock, Lubbock County, Texas to Mark LaFun on behalf Of RU6«/s Gas Company. Passed by the City Council this 13th day of November, 1986. November 13, 1986 490 ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Max Garza Max Garza, Building Official APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney Mark LaFon, Manager of Ru6«/a Gas Company, is requesting permission to install a I50 gallon above ground LPG tank at the northeast corner of Went 19th and F.M. 179 to service the Four Corner's Convenience Store. The natural gas line in that area is on the south side of I8th Street; therefore, it would not be feasible to require rutting through the State Highway for service. The Fire Marshal visited the site and reviewed installation plans and all City, State and National codes will be met. Approval was recommended. Motionwas made by Councilman Phillips" seconded by Councilwoman Tr 'o to approve request to install an LPG tank for Four Corners Convenience Store at F.M. 178 and West I9th Street as recommended by Staff. Motion carried: b Yeas; O Nays' 86-45A-490-757 (19') Consider Resolution Agreement with the United States Department of the Interior --Geological RESOLUTION #2467 RESOLUTION #2467 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 joint funding agreement between the City of Lubbock and the Geological Survey, Water Resources Division of the United States Department of the Interior of the United States Government as contained in a letter of agreement, dated October 22, 1888, for the period October l, 1988 to September 30, 1987, No. 08078575 North Double Mountain Fork Brazos River near Post and No. 08079600 Double Mountain Fork Brazos River at Juaticeburg, for water -resources investigations, 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 13th day of November, 1986. | ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford Watson Wilford Watson, Chief Engineer for Water Utilities /s/ J. Worth Fullingim J. Worth Fullingim, Assistant 491 November 13, I886 Department of the Interior Geological Survey Joint Funding Agreement FOR WATER RESOURCES INVESTIGATIONS This agreement is entered into as of the 1st day of October, 1886 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF LUBBOCK party of the second part' l. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities therm shall be maintained in cooperation a program involving the collection of streamflow data and operation of daily chemical quality stations hereinafter called the program' 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party. (a) $6,I90 by the party of the first part during the period October l, 1986 to September 30, 1987. /b\ $12, I90 by the party of the second part during the period October I, I985 to September 30, 1887, of which $6,000 is unmatched' /c\ Additional amounts by each party during the above period of succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties- 3' Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part: Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4' The field and office work pertaining to this program shall be under the direction of or subject to periodic review an authorized representative e of the party of the first part- 5' The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement' 8- During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, an if the work is no being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 50 days written notice to the other party' 7' The original records resulting from this program will be deposited in the office of origin of those records' Upon request, copies of the original records will be provided to the office of the other party' 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible' The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall upon request, by furnished by the party of the first part, at cost, impresgiVned suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the partien- Q. Billing for this agreement will be rendered October 1987. Payments of bills are due within OO days after the billing date' If not paid by the due date, interest will be charged at the current Treasure rate for each 30-day per1od' or portion thereof, that the payment is delayed beyond the due data- (31 USC 3717; Comptroller General File 5-2I2222. August 23, Iy83)' GEOLOGICAL SURVEY By UNITED STATES DEPARTMENT OF THE INTERIOR (signature & title) By District Chief Austin, Texas Approved as to Content: CITY OF LUBBOCK 'Attest: /s/ Ranette Boyd Approved as to Form: Chief Engineer for Water Utilities Assistant City Attorney November I3 IB8� ` 492 United States Department Of the Interior GEOLOGICAL SURVEY WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701-3223 TX-33 ATTACHMENT NO. 1 Description of work and funding for water -resources investigations under joint -funding agreement between CITY OF LUBBOCK and U.S. Geological Survey for the period October I, 1885, to September 30, I987- Program Description I. Surface -Water Investigations (001) A. Operation and maintenance of the following strea0flow station: 08079575 North Fork Double Mountain Fork Brazos River near Poot----------------$6, 380 TOTAL SURFACE -WATER CO3TS-----------------$8" 38U City of Lubbock share------ $3,190 USGS SHARE ----------------- $3,l9O II- Quality -of -Water Investigations (003) A. Operation and maintenance of the following daily chemical -quality stations: 08079575 North fork Double Mountain Fork Brazos River near Post--------------- $6,000 08079600 Double Mountain Fork Brazos River at Justicebur0--------------------- $8,000 a/ TOTAL QUALITY -OF -WATER COSTS ----------- $I2,OOO b/ City of Lubbock Share----- $9,000 b/ USG3 share ---------------- $3,OOO — TOTAL PROGRAM COSTS --------------------- $l8,38O b/ City of Lubbock share ---- $I2,I9O b/ U3GS sharg--------------- 6,I90 Unmatched. b/ Includes $6,000 unmatched. This is the annual Funding Agreement with the Geological Survey for the maintenance and operation of the stream flow and quality monitoring stations at Justiceburg and the Post Reservoir site. The total program cont is $I8,380 and the City'a share is $I2,190' Staff recommended that this Agreement be approved. Motionwas made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #2467 as recommended by Staff. Motion carried: b Yeas; O Nays. 86-45A-492-768 (20') Consider Resolution with the Lubbock Employees Assistance Network, an agency of the Lubbock MHMR Center. RESOLUTION #2468 HW:da RESOLUTION #2468 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 with the Lubbock Employee Assis- tance Network (LEAN), an agency of the Lubbock Regional MHMR Center, for Employee Assistance Program consultation ser-vices, 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 U this Resolution as if fully copied herein in detail' 493 November 13, 1986 Passed by the City Council this 13th day of November, 1986. /s/ B. B. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Priest Ed Priest, Director of Personnel APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Employee Assistance Program Consultation Services Contract Between the City of Lubbock, and the Lubbock Employee Assistance Network (A Service of the Lubbock Regional MHMR Center) Section I. This CONTRACT made and entered into this 13th day of November, 1986, whereby the Lubbock Employee Assistance Network agrees to provide specified consultation services for the City of Lubbock during the period from September 1, 1986, through September 30, 1987. The City of Lubbock shall compensate the Lubbock Employee Assistance Network for these services through payment of a retainer of $1.00 per person per month for each regular full-time employee based on an average of 1750 such employees and payable the loth day of each month. Section II. Employee Assistance Program consultation services provided under Section I of this CONTRACT shall include the following activities: 1. Management and Supervisory orientation to increase awareness of the Employee Assistance Program concept and to provide information on how to deal with employee personal problems which affect job performance. 2. Employee orientation to inform employees of the purpose, benefits and utilization of the Employee Assistance Program. Information will be provided in group presentations, when feasible, and through use of bulletin board posters, brochures, letters and other written material to enhance visibility of the Employee Assistance Program. 3. Evaluation of troubled employees for the purpose of diagnosing the cause of job performance problems identified by City administrative and supervisory personnel. 4. Referral of identified troubled employees to health care or social services agencies of professionals, as needed, which would provide appropriate assistance to the employees in their efforts toward improving job performance. 5. Continuous follow-up and evaluation of troubled employees' progress in correcting job performance problems until satisfactory performance is achieved and maintained. The foregoing services shall be available at no additional charge to troubled employees who request Employee Assistance Program services under voluntary circumstances, not related to job performance problems identified by City administrative and supervisory personnel, as well as to immediate family members of employees. Assessment and Referral Contract Section III. The Director of the Lubbock Employee Assistance Network shall be responsible for the assessment, evaluation and referral, as needed, to the health care or social service agency deemed appropriate to mediate the presenting problem. Counseling and consultation will be provided, on a scheduled basis, at the office of Lubbock Employee Assistance Network, and on the premises of the contractor, if deemed appropriate by the contractor. November 13" 1986 494 Section IV, The Director of the Lubbock Employee Assistance Network and the City of Lubbock appointed Coordinator shall assume shared responsibility for implementing the provisions of this CONTRACT. Implementation shall be achieved in accordance with the following procedures: I' Referrals to the Employee Assistance Program by City administrative and supervisory personnel shall be channeled through the Coordinator, who will refer the employee to the Director of the Lubbock Employee Assistance Network for the consultation services outlined in Sections I and II' Records of such referrals shall be maintained by the City Coordinator. 2' At the time of referral to the Lubbock Employee Assistance Network, the City Coordinator shall inform employees of the purpose and confidential nature of the program, and shall provide information to the Director of the Lubbock Employee Assistance Network regarding the employment status of referred employees with the written consent of the referred 3' The Director of the Lubbock Employee Assistance Network shall provide a quarterly activity report to the City Coordinator. The content of this report shall be restricted to a statement of the number of employees referred for consultation services, a statement of progress and status of all referrals, and information regarding the number of voluntary referrals to the Employee Assistance Program' 4' Information regarding an individual employee's referral and utilization of Employee Assistance Program services shall not be available to any person or agency without the expressed, written consent of any employee. Status reports on individual company referrals on an as needed basis shall be given to the City Coordinator with the prior written consent of the employee. All inquiries by City personnel about any employee's involvement in the Employee Assistance Program shall be directed only to the City Coordinator or Director of the Lubbock Employee Assistance Network' Section V. This agreement will automatically be renewed for subsequent one (l) year terms upon the same conditions contained herein unless either party shall by writing notify the other party that it desires to terminate or renegotiate this agreement not less than thirty /30\ days prior to the termination date stated herein. In the event that this contract is automatically renewed thereafter, either party shall have the right to terminate this agreement upon ninety (90) days written notice to the other party' THE CITY OF LUBBOCK, TEXAS BY: B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT; /s/ Ed Priest - ' Ed Priest, Director of Personnel - APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LUBBOCK EMPLOYEE ASST. NETWORK Sheena Bachelor, LEAN Coordinator /s/ Charlotte D. Foster Charlotte D. Foster, Director of Alcoholism Program Executive The Lubbock Employee Assistance Network (LEAN), a division of MHMR, was contracted to provide employee assistance services in August, I885- Thgae services commenced September, 1885 and the Contract is due for renewal and funds have been budgeted' The LEAN Program resulted from the recognition by a number of supervisory personnel, including division directors, that some City employees had problems which were beyond the capability of their supervisors. Theme problems include drugs, alcohol, marital problems which included problems between spouses or with their children, emotional problems, financial problems, etc- During the period of approximately one year, immediately preceding the initiation of thisContract, Staff knows of at least four suicides involving City employees or their immediate family members. There were also other suicides or suicidal gestures. 495 November 13, 1986 Statistically based information would indicates that approximately 10% of City employees have drug or alcohol related problems. It can be reasonably assumed that an additional number are faced with other off - the -job problems which impact productivity and it is in Staff/s interest to return them as soon as possible to a fully productive status- Beyond this, it is also in Staff/a best interest to treat people in a way which respects their human dignity. To the extent possible, Staff feels this is best done by helping employees to work through their problems as opposed to terminating them and in some instances, may salvage valuable training and experience as well as restore a human being to a full and fruitful life. During the period of May through October I986, there were 212 employee contacts and of these, 34 persons were seen for problems involving mental health, drugs" alcohol and other miscellaneous reasons- The age breakdown was 12, 21 to 30; 13, 31 to 40; 8, 41 to 50; and one, 51 to OD years of age and they included both supervisory and non -supervisory people' The highest occurrence was in alcohol related problems and marital/family problems, each of which had 11 referrals' The cost for this program is $l per employee per month, and the total coat would be approximately $21,000 per year. Staff believes that this has been very helpful to its employees and recommended that Council authorize the continuation of this Contract with LEAN' Motion was made by Councilwoman Tr 'V, seconded by Councilman Phillips to authorize Resolution #2488 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. --88-45K-495-789 -- /2I'\ Consider Resolution #2469 authorizing the Mayor to sign an Interlocal Agreement for insurance services. RESOLUTION #2469 RESOLUTION #2469 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor or the City of Lubbock BE and is hereby authorized and directed to execute for an on behalf of the City of Lubbock an Interlocal Agreement and associated documents with the Texas Municipal League Workers' Compensation Joint Insurance Fund for insurance coverage for the City of Lubbock, a copy of which agreement is 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 13th day of November, 1986. ATTEST: Ranette Boyd, City Secretary /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Agreement filed with Resolution #2469. The Staff has recently received correspondence from the Texas Municipal League Workers Compensation Joint Insurance Fund regarding the annual renewal of the Workers' Compensation coverage. TML has notified the Staff that as of October I, 1980, it has not been able to secure reinsurance coverage for the Workers Compensation Program' It does not appear, however, that this will have an adverse impact on the City as the City currently uses a cash flow system under which it pays all claims, including administrative costs, up to $400,000. The Reinsurance Program provided coverage for claims above $400,000 per occurrence at an annual coot of between $8,000 and tI2,000' November 13, I986 495 After researching the files, the Staff found that the City has never had a workers/ compensation claim that approached $400,000' TML informed Staff that it has had only two or three claims State-wide exceeding $400,000; therefore, elimination of the reinsurance coverage should not expose the City to significant risk. The administrative costs of the Workers' Compensation Program have increased as well. The rate increase will be offset by a reduction in the number of hours of loss control services used and again, it does not 77 appear this reduction will have an adverse affect because the Staff has completed a number of work site surveys and will use any loss prevention s8rViCgS only for special projects. The City has not yet received complete information about premiums for liability insurance coverage and as moon as this information is received, the Staff will bring it to the COuncil/s attention. After carefully reviewing these Contracts, the Staff recommended approving them' Motion was made by Councilman Nash" SBCoDdgd by CVUDCil0aO Phillips to authorize Resolution #2469 as recommended by Staff. Motion carried: 8 L..J Yeas; D Nays. 86-45A-496-770 (22') Consider Ordinance #8988 deleting certain provisions of the Code of Ordinances concerning permits. ORDINANCE #8988 ORDINANCE NO. 8988 AN ORDINANCE DELETING ALL SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, INCLUDED IN ARTICLE III OF CHAPTER 3, ARTICLE II OF CHAPTER 14, ARTICLE III OF CHAPTER 14, ARTICLE IV OF CHAPTER 14, ARTICLE V OF CHAPTER 14 AND 8 PORTION OF CHAPTER 15; PROVIDING 8 SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Staff has reviewed certain provisions of the Code of Ordinances to determine if revisions or amendments needed to be made to bring the Code into line with current State law or municipal practices. Some of the provisions of the Code of Ordinances have been superseded by State law or have become obsolete due to other reasons and the retention of these Ordinances in the Code creates confusion. The following provisions were recommended by Staff for deletion: | / ] I' Pawnbrokers License -- The Pawnbroker Ordinance can be found in �-^ Sections I4-98 through I4-II5- The Ordinance stipulates that a Pawnbroker's License must be issued by the City Secretary in the amount of one-half the license fee charged by the State of Texas. TheState of Texas charges $lDD for their permit which would make the City Permit $50, The purpose of this Ordinance is to maintain a list of Pawnbroker establishments so that the Police Chief can furnish them with a daily record form. This daily record form would be available so the Police can inspect pawnbroker transactions when necessary. The Ordinance was passed in 1954' The State Legislature passed a Pawnbroker Law effective August 30, 1971 which authorizes the State to govern license requirements, record keeping, lending practices, penalties, administrative enforcement, and other major aspects of pawn shops and pawnbrokers' However, the law still allows local licensing authority. The Pawnbroker Ordinance is a duplication of State law and all the provisions that are required in this Ordinance are also required by the State and State law also allows the Police access to pawnbroker records. State law also requires that at the time a loan is made, ticket copies are distributed and one copy is given to the local law enforcement agency' Deletion of the Pawnbroker Ordinance would not minimize the | 1 regulation of pawnbrokers and pawn shops- All the requirements for -- record keeping that are needed by the local law enforcement agency are provided by State law- 2' Second-hand Dealers -- This provision is contained in Section 14-4I through 14-51' This,license is issued by the Tax Collector for an amount -of $5'50' The Second -Hand Dealer Ordinance has a similar 77 purpose as the Pawnbroker Ordinance in ensuring that a daily record is kept of all transactions and that these transactions are open for inspection by the Police Department. The Second-hand Dealers Permit -- was passed at the same City Council meeting in 1954. There are similar State law provisions that cover the operations of Second -Hand Dealers as there are covering Pawnbroker establishments. State law does require Second -Hand Dealers to keep records and provide those records to the local law enforcement agency when requested. Deletionof this Ordinance would not result in the loss of any U enforcement power of municipal authorities. 497 November 13, 1886 3' Dance Halls -- The Public Dance Provision is found in Section 3-38 through 3-5I and Dance Hall Permits are issued by the City Secretary at a coat of $7' The purpose of this Ordinance is to regulate public dances. This Ordinance was passed in 1956 and primarily, the Dance Hall Permit was issued to ensure that the building codes and fire codes were being met by the dance hallo' Additional provisions of this Ordinance prohibit sleeping rooms where dances are being held and prohibits the sale of alcohol for anyone under 19 years of age' This Ordinance also establishes a curfew that prohibits public dances between the hours of 2:00 a.m. and 7:00 a'm' and addresses when sub - minors can no longer be allowed on the premises. The provisions of the Dance Hall Ordinance pertaining to Building and Fire Codes are covered in other sections and do not provide any additional enforcement provisions for the Fire Marshal's Office or the Building Inspection Department. The Police Department cannot utilize the juvenile curfew requirements due to recent court rulings involving rights of association and in addition, State law provides a curfew where alcoholic beverages are sold. The Police Department does not have any additional authority with this Ordinance as they do under existing State or local laws. 4' Mobile Home/Vacation Trailer Park -- This Provision is contained in Section I5-30 through I5-57 and the Permit is issued by the City Secretary's Office for a foe of $36. Establishments with over 20 stands would cost an additional $I'50 per stand. This Ordinance was originally passed in 1969 and Staff recommended deletion of only Section 15-39, Section I5-40" Section I5-4I, Section 15-42, Section 15-43, Section 15-44, and Section I5-45. The remaining provisions address zoning requirements of mobile home parka and are being used for enforcement. The purpose of a mobile home and vacation trailer park Permit was to ensure that the Zoning and Health Codes were being met' The Fire and Health Codes are contained in other ordinances and do not need to be reinforced in the mobile home provision. The Permit requirement is not necessary to assist the City in enforcing the Fire, Health, or Zoning codes. 5. Photographer License -- The Photographer Provision is contained in Section I4-2I through 14-20. The Ordinance was passed in 1934 and the Permit is issued by the City Secretary for a cost of $10 and requires a Performance Bond of $1,000. The purpose of the Permit is to regulate individuals who want to take photographs for remuneration and the Staff theorized that there was a problem during this time period of itinerant photographers working in the City. The City currently has a Peddler's Ordinance that would address this issue; therefore, this Permit is no longer necessary to achieve the objective of regulating itinerant photographers. Staff advised deletion of these 5 licenses. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8988 as recommended by Staff. Motion carried: 8 Yeas; O Nays. 86-45A-497-77I (23-) Consider request of Cox Cable to transfer assets from Trans -Video Corporation, dba Cox Cable Lubbock to Cox Cable Lubbock, Inc. On March 22, 1984, the City of Lubbock approved a Franchise Agreement with Trans -Video Corporation, a subsidiary of Cox Cable Communications, Inc. which at that time was doing business in Lubbock as Cox Cable, Lubbock' On October 2, 1986, Cox Cable Lubbock requested a transfer of the assets, including the Cable Television Franchise from Trans -Video Corporation, d/b/a Cox Cable, Lubbock to Cox Cable Lubbock, Inc. After the transfer, Trans -Video Corporation and Cox Cable Communication, Inc' (Trans -Video was a subsidiary of Cox Cable Communications, Inc.) will be liquidated. Section 12 of Ordinance 8554, the Cable Regulatory 0rd1D@DCe, states that the Franchise shall not be assigned or transferred, either in whole or in part, or any property be assigned without the Consent of the Council' The intent of Section 12 was to obtain formal Council approval when the actual ownership and operations of the system was transferred to new owners. The request is a result of an internal reorganization for tax purposes and dues not fall within the original intent' However, for legal purposes, Staff feels CoUDCil/a approval is desired. Cox Cable Lubbock, Inc. will be bound by all the terms and conditions of the ordinance as was Cox Cable Lubbock' Staff recommended approval. Motion was made by Councilwoman Tr 'o, seconded by Councilman Patterson to approve request of Cox Cable Lubbock, Inc' to transfer assets from Trans -Video Corp., dba Cox Cable, Lubbock to COX Cable Lubbock, Inc. as recommended by Staff- Motion carried: 6 Yeas; 0 Nays. November 13, 1986 498 86-45A-498-772 (24') Hold an Executive Session to discuss the purchase and lease of real property located within Lubbock County, Texas for water and sewer purposes. 88-45A-498-773 (25') BID #9110--Miscellaneous water main valves and fittings (Warehouse 77 Southwest Meter & Supply, Marshall--4-8o flange to flange 3-way plug [� valves. Waterworks Municipal--5-8x flange to flange gate valves; 5-10" flange to flange gate valve; 4-6x mechanical joint and flanged end valve; ID-IOo mechanical joint end gate valve; 5-12o mechanical joint gate valve; 6- 8ux4n cast iron water main reducer all M'J'', 5-4'/x3o cast iron water main reducer all ^" M^ J - 8-6xx4x cast iron water main reducer all M.J.' ` 2-8n - 22 1/2 degree cast iron water bend M.J.; 4-10v X8n cast iron water main reducer W8-2R-3; 5-10" x 90 degree cast iron water main offset joint; 4- L�J 8nXl2o cast iron water main Offset mechanical; 5-I0xxlI I/4 degree C.I- water main bend'` I0-6"x4x cast iron water main cross; x8l-8ou cast iron water main cross; I,500/ 4" ductile iron pipe Class I50; 500/ IOn ductile 1poD Class I50 pipe. Western Industrial Supply--6-8u flanged to ductile iron adapter; 6-4u flanged to ductile iron adapter; 8-6x flanged to ductile iron adapter; 6- 4ox18« cast iron offset. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; U Nays' 86-45A-498-774 (27') BID #9115--Miscellaneous electric items (Warehouse Stock). Cummins 3upp]y--Amarillo--200 bronze vise tvoo connector; 300 transformer ground connector; 1,000 lbS wire, #G bare copper, soft drawn. General Electric Supply Co,--96 teat switch covers; 35 2" cable supports; 150-4n rigid PVC coupling; 48-2x conduit Vent; 16,320/ 4" plastic conduit type E8; 5,000/ cable, 500 MCM 600 volt. Fields and CD,--30 ballast, 400 watt mercury vapor; 40,000/ #1/0 Cable, [�J I5kV in pipe; 20,000/ cable, #I/O, 15 kV. Graybar Electric Co'--50 polyphase enclosures. Temple, Inc'--48-2 bolt bronze connector; 500 bolt assembly for compression terminals; 200 bronze terminal connector' Nelson Electric --Low bidder on Item #18 and #19" withdrew their bid due to an error in their oub0iyaiVD' This withdrawal caused a change in the low bids. Item #I8 and #18 of Bid #9I15 show Fields and Company as low bidder when low bid for #18 and low bid for #20 are combined' Fields and Company bid #18 and #19 all or none and, therefore, when those two items are combined and that total is compared with the low bid on #18 and the low bid VD #19, Fields and Company is lVW. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash to accept low bids mooting specifications. Motion carried: 6 Yeas; O Nays' 85-45A-498-775 /28-1 BID #9118--Office supplies (Print Shop). Hostar/o Office Center --office supplies. Motion was made by Mayor Pro Te0 Baker, seconded by Councilman Nash to |' accept low bid meeting specifications. Motion carried: 8 Yeas; O Nays. 86-45A-498-776 (29-) BID #9135--Concrete Flatwork at Berry and Phil Hoel Parks, and authorize same (Parks and Recreation). (1 c_� RESOLUTION —=--=-----= 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 with Mize Engineering & Development, Inc-, for concrete flatwork at Berry and Phil Hoel Parks, 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, 499 November 13, 1986 Passed by the City Council this 13TH day of November, 1986. ATTEST: R Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Mize Engineering and Development, Inc. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash to accept low bid meeting specifications and to authorize Resolution #2470' Motion carried: 6 Yeas; O Nays' (3O') BID #9140--Miscellaneous water items (Warehouse Stock Waterworks Municipal--300 1 corporation stop. Western Industrial Supply--25-2 full circle repair clamp; 25-I redi repair clamp; 12-4x6 redi repair clamp; 200-4X3/4 service clamp; 100-4xl service clamp; I2-IOV2 service clamp; 24-I0XI service clamp. On Item #/s 4, 6, 7, 8, IU and 11 there were tie bids from Western Industrial Supply and TraDStgX Supply. Mayor McMinn drew the company name of Western Industrial Supply and Council awarded the tie bids to November 13, 1886 500 C&C Municipal SUpply--5-12 bell joint clamp for cast iron. R0haD Co., WacO--400-1 curb stop. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash to accept low bidsmeeting specifications. Motion carried: 6 Yeas; O Nays' 86-45A-500-778 (3I.) BID #9141--Miscellaneous street light material (Warehouse Stock) i� Fields & C0.--150 lU0iOaire, 400 watt sodium vapor; 80 lU0iOair8, 400 watt sodium vapor' Nelson Electric 3upply--20,000`-2 aluminum cable in pipe, Temple, Inc'--150 lumfnaire, lOO watt sodium vapor' Motion was made by Mayor Pro Te0 Baker, S8C0nd8d by Councilman Nash to accept low bids meeting specifications. Motion carried: 5 Yeas; O Nays' 86-45A-500-779 (32-) BID #9143--Ammunition (Police). GT Distributors, Inc', Austin--50,000 Remington R3832, plus-p, 125 gr' hollow point rounds; 8,000 Remington SP12-0O8K, 12 Ga. 2 3/4 shotgun shells; 4,000 Remington 3PI2 RS-5, 12 Ga- rifled slug shells. National Police Supply, Charlotte, NC--4,000 821X paper targets. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; U Nays. 86-45A-500-780 (I3.) Sitting as a regulatory authority, the City Council will hold a Public Hearing to consider Rate Request of South Plains Electric Co -Op. South Plains Electric Co -Op filed a Rate Request on August 15, I986, approximately a 7'62% increase in gross revenues, or «I,6I3,784' The City Council sat as a regulatory authority to hear this request. 777 Mr, Dale Johnson, Attorney representing South Plains Electric CO -Op, appeared to request that this Hearing be continued until the PUC hears | and makes a final ruling VD this request. Mr. Johnson stated that SPEC will request a uniform rate increase to reflect the PUC ruling' PUC made ruling VD that rate. Staff recommended that the City Council continue this Hearing until January 22 in order to allow the South Plains Electric Co -Op to make any Amendments that they desire resulting from the PUC decisions. Motionwas made by Councilman Patterson, seconded by Councilman Phillips to continue the Public Hearing to consider Rate Request of South Plains Electric Co-op until January 22, 1987' Motion carried: O Yeas; O Nays' 86-45A-500-78I (25') Consider Resolution #2471 authorizing the Mayor to execute a Lease Agreement for property adjacent to the Sewer Farm. RESOLUTION #2471 RESOLUTION #2471 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 an on behalf of the a� Lessee ` City of Lubbockan agreement between said City � . ' with option to purchase) and Delwin Jones and wife, Reta A. Jones, George W. Tate, Jr. and wife, Mary K. Tate, David S. EOger and wife, Varna R. Enger, Mary Ellen Jonas, a widow, Pat Farris and wife, Ann Farris (as Lessors and Grantors of an Option to Purchase unto said City) concerning approximately 300 acres of land in Lubbock County, Texas, which land is to be utilized for the growing of crops and other agricultural purposes which lend themselves to irrigation by sewerage effluent waters, attached herewith, which shall be spread upon th 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 ay of November, 1886. B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary November 13 1986 �Ol ' APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth FU)|iDg10, Assistant City Attorney Contract filed with Resolution #247I' 80-458-501-782 /33.\ Staff negotiated a Lease for 300 acres of cultivated land adjacent to the Sewer Farm for five years at $55 per acre, per year, cancelable upon six months notice after the second year. Included in this agreement is an option to the City to purchase the land at $1,100 per acre. (The cost of the Frank Gray property, less the value of the improvements, was $1,135 per acre.) Staff advised that this proposed acreage can be farmed at no additional equipment or labor cost to the City and Staff will have an opportunity to improve the income from the farming operation by leasing this property. This property has been irrigated with effluent in the past and is already connected to the effluent distribution system. Staff recommended that the City enter into this case Lease Agreement to provide additional acreage for water disposal. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize that Resolution #247I be approved subject to the change being made to paragraph #6 deleting the $1,100 price per acre to be paid by City in the event the City exercises its option and substituting in lieu thereof that the parties shall negotiate for the purchase price in the event the City exercises its option- Further that said paragraph reflect a right of first refusal on the part of the City in the event that the City does not execute its option and the lessor desires to sell the property' Motion carried: 6 Yeas; O Nayo- Consider five appointments to the Urban Renewal Board of Commissioners/Neighborhood Redevelopment Commission. The terms of Lynda Jenkins, James Pipkin, Tom Rollins, Owen McWhorter, Jr., and Ruth Foreman will expire on November 26, 1986. Mution was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to reappoint Lynda Jenkins, Owen McWhorter, Jr. and James V. Pipk1n and to appoint Mary Nell Mathis and Clayton Yeager to the Urban Renewal Board of Commissioners/Neighborhood Redevelopment Commission and stipulating that all taxing entities will be notified in writing of all meetings where Tax Increment Financing will be discussed. Motion carried: 6 Yeas; 0 Nays. There being DV further business to come before Council, 00tinO was made by Councilman Nash, seconded by Councilwoman Tre'o to adjourn the meeting at I0:45 a'0' Motion carried: 6 Yeas; O Nays' B. C. McMINN, MAYOR B. C. McRTIA, MAYOR ki�—et �eloy-d,4ity Secreta y