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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/12/1989Page 808 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 12, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of October, 1989 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 George Carpenter, 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 ❑rder at 10:00 A.M. ( 1.) The Invocation was given by Ranette Boyd, City Secretary. ( 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 t❑ approve the Minutes of the September 28, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Proclamation "Recycling Month" -- October, 1989 "Red Ribbon Week" -- October 22-29, 1989 ( 5.) Board Appointments 89-48B-808-602 ( 6.) Chuck Kershner :or October 13 to obtain Chuck Kershner appeared on behalf of the NCNB to request a Loudspeaker Permit in conjunction with a barbecue and dance. Regarding the requirements for obtaining signatures indicating approval from those living nearby, one citizen indicated disapproval, two did not sign the petition, and the remaining 26 expressed approval ❑f the Permit. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit t❑ NCNB for October 13, 1989. Motion carried: 7 Yeas; 0 Nays. 89-48B-809-6 03 ( B.) October 12, 1989 Page 809 ORDINANCE #9312--Zane Case #2637 (2601 and 2603 University) --Request of A. Thomas Jones (for Sunset Church of Christ and Christian Childcare Center) fa zoning change from R-2 to A-2 (limited to church an church related uses and child care facilities) on L 6-8, Block 2, Wonderland Addition and Lots 16-18, Block 1. Deerwood Addition. ORDINANCE #9312 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2637; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO CHURCH USES AND CHILD CARE FACILITIES ON LOTS 6-8, BLOCK 2, WONDERLAND ADDITION AND LOTS 16-18, BLOCK 1, DEERnOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 89-488-809-7604 ( 9•) Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on second and final reading Ordinance #9312 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ti u RESOLUTION #3216 16 authorizin . 1 to Pro_iec BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: to 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 No. 1 to Project No. 9421 to be entered int❑ by and between said City of Lubbock and Williams & Peters Construction Company, Inc. related to K. N. Clap; Park parking lot renovation, 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 ❑f this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of October, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry V. Hoffman Larry V. Hoffman, Director of Transportation /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney TO: Williams & Peters Constructiton Co., Inc. P.O. Box 5215 Lubbock, Texas 79417 Gentlemen: CHANGE ORDER NO 1 to PROJECT NUMBER 9421 Whereas, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. October 12, 1989 Page 810 Original Amount of Contract $77,938.55 Increased by Change Order No. 1 10 488.00 Total Amount of Contract $88.426.D5 Construction completion time is extended five (5) working days for a total of fifty (50) working days. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 12th day of October, 1989. WILLIAMS & PETERS CONSTRUCTION CO., INC. (Contractor) BY:�s. Dean Williams TITLE:_President Dear, Williams Williams & Peters Construction Co., Inc. BY:/s/ B. C. McMinn B. C. McMinn Mayor slim Bertram Jim Bertram Assistant City Manager CITY OF LUBBOCK (Owner) ATTEST: s Ranette Boyd Ranette Boyd City Secretary RECOMMENDED FOR APPROVAL L/ Larry V. Hoffman Larry V. Hoffman Director of Transportation /5 Bob Cass Bob Cass Deputy City Manager /s/ Lee Osborn Lee Osborn Director of Parks & Recreation K.N. CLAPP PARK PARKING LOT RENOVATION PAVING IMPRDVEMENTS PROJECT NUMBER 9421 CHANGE ORDER NO. 1 Construction quantity Unit Price Amount 1. Sidewalk 300 S.Y. 12.75/S.Y. 3,825.00 2. Drive Approach 200 S.Y. $20.00/S.Y. $ 4,000.00 3. Valley Gutter 85 S.Y. $20.00/S.Y. $ 1,700.00 4. Curb & Gutter 180 L.F. $ 5.35/L.F. $ 963.00 TOTAL OF CHANGE ORDER NO. 1 $10,488.00 This change order in the amount of $10,488 will provide for a sidewalk along the south side of the parking lot adjacent to the swimming pool and expansion of the service drive to the pool and equipment storage fenced area. This change order also extends the completion date by five working days for a total of 50 working days. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3216 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. October 12, 1989 Page 811 89-48B-811-�05 (10.) Consider Resolution #3217 authorizing the Right -Of -Way Department to make an offer to Don Robison and wife, Josephine Robison, for a 3.63 acre road parcel located in Section 104, Block 5, a 60' Water Line Easement located in Section 104, Block 5, and a 60' Water Line Easement located in Sections 120 and 132, Block 5, all in Garza County, Texas. RESOLUTION #3217 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the pubic needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: fee simple title to land hereinafter described for access and any other lawful purpose in connection with the extension of the water works system of the City of Lubbock, easement title to two tracts of land hereinafter described together with rights of ingress, egress, and regress thereto at any and all times to accomplish the following purposes: allowing but not limited to construction, reconstruction, erection, repair, inspection, patrolling and maintaining of a water line, in connection with the extension of said water system, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: S1=CTION 1. THAT the fee simple title to the following described tract of land located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: DESCRIPTION BEING the description of a 3.63 acre tract out of Section 104, Block 5, H.&G.N. R.R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at a 112" iron rod set at the Southeast corner of said Section 104 and the Southeast and beginning corner of this tract; THENCE North 88021'41" West, along the South line of said Section 104, 5276.69 feet to a 112" iron rod set for the Southwest corner of said Section 104 and the Southwest corner of this tract; THENCE North 01039'47" East, along the West line of said Section 104, 30.00 feet to a 112" iron rod set for the Northwest corner of this tract; THENCE South 88021'41" East 5276.70 feet to a 112" iron rod set for the Northeast corner of this tract; THENCE South 01041'04" West, along the East line of said Section 104, 30.00 feet to the PLACE OF BEGINNING. CONTAINING 3.63 acres. SECTION 2. THAT the easement title together with ingress, egress, and regress thereto to the two following described tracts of land herein designated "Tract A" and "Tract B", both being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: October 12, 1989 Page 812 TRACT A DESCRIPTION BEING the description of a 60.0 feet water line easement in Section 104, Block 5, H.&G.N. R.R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at a point for the Southwest and beginning corner of this easement, whence the Northwest corner of Section 104, Block 5, bears North 88117'06" West, 2045.6 feet; THENCE South 88017'06" East, along the North line of Section 104, Block 5, 102.10 feet to a point, for the Northwest corner of this easement; THENCE South 52017'34" East, 3871.25 feet to a point, for the Northeast corner of this easement; THENCE South 1041'04" West, along the East line of Section 104, Block 5, 74.19 feet to a point, for the Southeast corner of this easement; THENCE North 52017'34" West, 3997.49 feet to the PLACE OF BEGINNI NG. CONTAINING 5.42 acres, being 238.45 centerline rods. TRACT B DESCRIPTION BEING the description of a 60.0 feet water line easement in Section 120 and 132, Block 5, H.&G.N. R.R. Co. Survey, Garza County„ Texas, and being more particularly described as follows: BEGINNING at a point for the Northwest and beginning corner of this easement, whence the Northeast corner of Section 132, Block 5.. bears South 88119'39" East, 871.1 feet; THENCE South 56013'55" East, at 1028.71 feet pass the East line of Section 132, Block 5, and the West line of Section 120, 7264.50 feet to a point for the Northeast corner of this easement; THENCE South 1039'47" West, along the East line of Section 120, 70.83 feet to a point for the Southeast corner of this easement; THENCE North 56013'55" West, at 6235.74 feet pass the West line of Section 120, and the East line of Section 132, Block 5, 7397.80 feet to a point for the Southwest corner of this easement; THENCE South 88119'39" East, along the North line of Section 132, Block 5, 112.92 feet to the PLACE OF BEGINNING. CONTAINING 10.10 acres, being 444.31 centerline rods. SECTION 3. THAT the owners of said tract, being Don Robison and wife, Josephine Robison, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,904.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, and said owners be offered the amount of $13,655.20 for the easement title to Tract A and Tract B hereinabove described together with ingress, egress, and regress thereto, for a total offer to the owners of $16,559.20 for the fee simple title land and easement title land together with ingress, egress, and regress thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted of said City of Lubbock is hereby authorized condemnation (eminent domain) proceedings to and easement title with ingress, egress, and as hereinabove described for public purposes October 12, 1989 Page 813 forthwith, the City Attorney and instructed to institute acquire the fee simple title regress thereto, to said land and municipal purposes. Passed by the City Council this 12th day of October, 1989. ATTEST: Is/ Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 1 sl Ed Bum Ed Bucy, Right -of -Way Agent /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This offer is for a tract of land and easement areas located approximately seven miles northeast of Justiceburg, and they are needed for the Lake Alan Henry Project. This is a 3.63 acre tract of land 30' wide by 5276.70' long which is needed for the private service road to the dam. The two 60' wide Easements are being acquired for the water line running from the dam to Lubbock. Acquisition price for this is $2,904 or $800 per acre. The first Easement is 238.45 rods long and the second Easement is 444.31 rods long for a total length of 682.76 rods. At $20 per rod, total Easement acquisition price is $13,655.20. The total for both the fee simple and the easements is $16,559.20, which is the City of Lubbock's offer to the Robisons. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3217 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 89-48B-813-606 (11.) Consider Resolution #3218 authorizing the Right -of Department to make an offer to Paul L. Brunson and wife, Vida Harrison Brunson for the east 5' of Lot and all of Lot 1. Block 16. Mvrtle Slaton Addition RESOLUTION #3218 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: October 12, 1989 Page 814 The East five (5) feet of Lot 2 and all of Lot 1, Block 16, Myrtle Slaton Addition No. 3, an Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner,, of said tract, being Paul L. Brunson and his wife, Vida Harrison Brunson, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $58,000 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 12th day of October, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This property is located at the southwest corner of 42nd Street and Indiana Avenue (3401 42nd), and is needed for the widening of Indiana Avenue. Don Harris, M.A.I., appraised this property for $58,000, which is the City's offer to the Brunsons. The Right - Of -Way Department reviewed the appraisal and found it adequate and within the market range of value. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3218 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-814-607 (12.) Consider Ordinance #9313 abandoning and closin Easement located in Section 15 Block E-2 County, Texas. ORDINANCE #9313 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE:; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance closes a portion of a Storm Water Storage and Drainage Easement just south of 82nd Street and east of Slide Road in the Lakeridge area, and the area being closed is 56,755 square feet (or 1.303 acres). A new Cut and Fill Plan has been submitted. The proponent of this closure is Lakeridge Country Club Estates, Inc., the original dedicator of this Easement. The $150 application fee has been paid and the final plat has been submitted. Staff recommended approval. Motion was made by Councilman Councilman Phillips to pass on #9313 as recommended by Staff. Yeas; 0 Nays. 89-48B-815-608 (13.) Consider Ordinan ocated in Sect ORDINANCE #9314 October 12, 1989 Page 815 Carpenter, seconded by first reading Ordinance Motion carried: 7 d close a un AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 89-48B-815.609 (14.) 89-48B-815-611) (15.) This Easement to be abandoned and closed is located north of 82nd Street and just east of Quaker Avenue in the King's Gate North area and was dedicated by separate instrument, Volume 2725, Page 280 of the Lubbock County Deed Records in January, 1988. This closure releases the legal description which was in the recorded instrument. Area being closed is 19.8325 acres. A Cut and Fill Plan has been approved for this reclaimed area. Proponent of this closure is Graco, Inc., who was the dedicator of this Easement. The $150 application fee has been paid. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #9314 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. and conditions of sale Number 33500-16-140 in the Lubbock NDP Urban Renewal This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc., Gary Patton, President, for $1,463. This property (at 1010 Second Street) is to be redeveloped as a single-family residence and is properly zoned for this. The sale was approved by the Urban Renewal Board of Commissioners on September 19, 1989. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept the price and conditions of sale of Parcel Number 33500-16-140 in the Lubbock NDP Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3219 authorizing the Mayor to sign a "Youth Sports to Combat Drugs in Public Housing" Grant Application and consider allocation of Community Development Contingency Funds. RESOLUTION #3219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: October 12, 1989 Page 816 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 Application for Federal Assistance by and between the City of Lubbock and the United States Department of Housing and Urban Development in the amount of $50,000 for Youth Sports Clubs To Combat Drugs in Public Housing, 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 ❑f this Resolution as if fully copied herein in detail. Passed by the! City Council this 12th day of October, 1989. ATTEST: Is Ranette-Bo d Ranette Boyd„ City Secretary APPROVED AS TO CONTENT: /s Sande Ogletree Sandy Ogletree, Community Development Administrator Is1 B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Isl Teresa J. Wright Teresa J. Wright, Assistant Trial Attorney APPLICATION, EXHIBIT A, EXHIBIT B, & EXHIBIT C FILED WITH RESOLUTION. The objective of the Youth Sports program is to aid youths by providing positive youth programs in areas affected by drug problems. The emphasis is on public housing sites, but the City's proposal is not limited to Housing Authority children. The target groups are low-income and high -risk youth. The Grant is funded by the Department ❑f Housing and Urban Development (HUD) through the Secretary's Discretionary Fund in the amount of $25,ODO and requires a 100% local funding match. Between 38 and 100 Youth Sports Grants will be awarded on a competitive basis to communities throughout the country. The Youth Sports Grants will be awarded in a method to achieve an equitable geographical distribution and will be a one-time only Grants. The City of Lubbock's proposal is to allocate CDBG funds for the required match and will provide a total project fund of $50,000 to utilize the development ❑f new sports programs as well as expand the existing efforts to assist youth. The Youth Sports Grant specifies the percentage of funding that may be allocated t❑ various types of activities. The Grant stipulates that a maximum of $28,750 may be used for public services activities which include the development of educational programs related to drug abuse, cultural programs, and the purchase of sports equipment. The Grant allows for 20% ❑r $5,000 to be used for program administration, and the remaining balance of $16,260 must be used for acquisition, construction, or rehabilitation of community centers, or parks that are utilized by youth sports ❑rgani- zations. In developing the application an analysis of sports activities was compiled to help identify gaps in existing services, overlapping activities including non-profit activities, and City -sponsored programs. This analysis will assist in the evaluation of projects and in the targeting of the needs. October 12, 1989 Page 817 In order to allocate the Youth Sports Grant, the City of Lubbock will establish a Special Projects Task Force which will solicit and evaluate project proposals under the Human Relations Commission. The Task Force will evaluate funding proposals on the qualifications and experience of the organization's key personnel, the severity of the drug problem in the targeted area, the number of youth assisted, and the target population to be assisted. Organizations receiving funding will be required to sign a Funding Agreement which will define the activity being administered by the organization and the funding level. Grant approval is anticipated for the end of December, 1989. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3219 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-817-611 (16.) Consider Ordinance #9315 establishing a 35 ana utica ue. ORDINANCE #9315 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 74TH STREET AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Seventy -Fourth Street is constructed and classified as a "collector" street. The north side of 74th Street is zoned for commercial and high -density residential uses. The south side of 74th Street is zoned for commercial, high -density residential, and low -density residential uses; however, there are no single-family homes fronting on 74th Street. A recent speed study shows that the 85th percentile speed in this area is in excess of 35 MPH, but because of the type of zoning in the area, Staff recommended that a speed limit of 35 MPH be established. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on first reading Ordinance #9315 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-4BB-817-612 (17.) Co a n #3220 authorizi rior e un to Flow and Water Quality Gauging Stations at Justiceourg RESOLUTION #3220 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 by and between the City of Lubbock and the United States Department of Interior, Geological Survey, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes October 12, 1989 Page 818 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 12th day of October, 1989. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Sam Wahl Sam Wahl, Director of Water Development Isl B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: IsZ John C. Ross, Jr., John C. Ross, Jr., City Attorney 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 1989 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. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be mainitained in cooperation a program involving the collection of stream -flow anid water -quality data 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 bureau level general administrative or accounting work in the office of either party. (a) $10,640 by the party of the first part during the period October 1, 1989 to September 30, 1990. (b) $1.0,640 by the party of the second part during the period October 1, 1989 to September 30, 1990. (c) Additional amounts by each party during the above period or 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 ❑f the first part with appropriate reimbursement thereafter by the party ❑f 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 ❑r subject to periodic review by an authorized representative ❑f 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 part of the first part to insure the required standards ❑f accuracy subject t❑ modification by mutual agreement. 6. During the progress of the work all operations ❑f either party pertaining to this program shall be open to the inspection ❑f the other party, and if the work is not being carried on in a mutually satisfactory October 12, 1989 Page 819 manner, either party may terminate this agreement upon 60 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, be furnished by the party of the first part, at cost, impressions 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 parties. 9. Billing for this agreement will be rendered October, 1990. payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30-day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). GEOLOGICAL SURVEY CITY OF LUBBOCK UNITED STATES DEPARTMENT OF THE INTERIOR By: Signature & Title District Chief Austin, TX By: s B. C. McMinn B. C. McMINN, MAYOR ATTACHMENT FOR TX033 FILED WITH RESOLUTION. 89-488-819-613 (18.) This is the renewal of the annual Contract with the Geological Survey to maintain and operate the stations at Justiceburg and at the Post Lake Site to continue to collect stream flow and water quality data in these areas. The total cost for the project is $21,280, and it is on a 50-50 share basis, with the City`s share being $10,640. This represents a cost increase of $700 from the previous year. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3220 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resoluti execute anAgreem Municipal Develop services. RESOLUTION #3221 221 authorizi nc. To BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: nter Tor 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 City of Lubbock and National Center for Municipal Development, 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. October 12, 1989 Page 820 Passed by the City Council this 12th day of October, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS T; CONTENT: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Bob Cass /s/ Donald G. Vandiver Bob Cass, Deputy City Manager Donald G. Vandiver, First Assistant City Attorney AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington Representation, and WHEREAS, this need is particularly pressing in relation to: 1. Information about legislative and executive action on issues of common interest, 2. Transmitting city positions on these issues to the Congressional delegation and to the Administration, and 3. Obtaining individual city service to pursue defined projects or individual legislative priorities, and WHEREAS, the National Center for Municipal Development is known to the Cities and is capable of and willing to undertake such representation in Washington, NOW, THEREFORE, the City ❑f Lubbock in association with and recognizing the concurrent participation of, the Cities of Dallas, Fort Worth, Houston, and Plano (collectively, the "Cities") enters int❑ this agreement with the National Center for Municipal Development ("NCMD.") I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. A. NCMD will ❑perate a unit to act as a Washington ❑ffice for the Cities and will assign a member of its staff as head of this unit. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support. B. NCMD will consult with the "Committee" (see section IIE) to determine issues ❑f specific interest t❑ the Cities and t❑ determine policies and positions which the Cities as a group hold and wish to be pursued by NCMD. In cases in which the City position differs from or conflicts with the Cities' group position, NCMD will consult with the City and the Committee to determine the proper course ❑f action. October 12, 1989 Page 821 C. Information. 1} NCMQ will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a} "Washington Report", a regular publication of NCMQ, b) Written reports, bulletins, and memoranda on developments in Texas -specific issues, and c) Direct phone contact. 21) NCMQ will present federal affairs briefings for the Cities at times and places specified by the Committee. Q. Congressional Relations. 1} NCMQ will establish, and maintain on a regular basis contact with the Texas Senators and the Cities' delegations in the House of Representatives. E. Individual City Service. 1) NCMQ will, at its own instance, initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to request for similar actions from the City. It will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $80.00 per hour. 2) Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, NCMQ will notify the City, together with its estimates of the extra amounts expected to be required the reasons therefor, and its recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMQ for the specified services for a period of one year, commencing October 1, 1989 and ending September 30, 1990. 8. Service Costs. 1) The service cost of this contract is $20,000,composed of three elements: a} A retainer of $12,960.00 per year. b} Thirty six assured -use of hours of service at $85.00 totallying $3,060.00. c} Optional use hours of service at the rate of $85.00 per hour, totalling $3,980.00. C. Reimbursable Costs -- Not to exceed $5,500.00 1) Costs incident to travel outside Washington, D.C., for long-distance telephone calls, and for expedited communication services shall be reimbursed to NCMQ upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel authorized by the October 12, 1989 Page 822 Committee, the City agrees to pay its pro-rata share of the costs. 2) Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the Committee, be reimbursed to NCMD upon presentation of its invoice: a) Subscription and dues. b) Printing and graphics. c) Supplies. d) Provision of Local ground transportation in ` Washington. e) Rental of meeting facilities and other meeting expenses. D. Contract costs are payable as follows: 1) The retainer and assured hourly costs totally $16,000.00 are payable quarterly in advance in these amounts: October 1, 1989 $4,005.00 January 1, 1990 $4,005.00 April 1 1990 $4,005.00 July 1, 1990 $4,005.00 2) The optional hourly costs above the first thirty hours of service are payable upon billing by NCMD after that the assured hours of service have been exceeded. (Sec. II, B. 2) E. The Committee. 1) The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a) To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b) To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. c) To monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed. d) To authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. F. General. 1) The City will inform NCMD of the person(s) authorized to request services and to serve as the chief contact. October 12, 1989 Page 823 2} The City will supply the Center with a summary of the federal programs in which the City is participating and other information necessary to an understanding ❑f the City's purposes in relation t❑ the federal government. THE CITY AND THE CENTER CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD will not: 7I.) Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 21 Will not represent the interests of local constituents in pursuit of federal business. 14} By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City. 4} Perform any legal, engineering, accounting, or other similar professional services. 5} Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U.S. Conference of Mavors. IV. TERMINATION A EFFECTIVE DATE Either party may terminate this agreement at any time by giving the other at least ninety days written notice. This agreement shall take effect on October 1, 1989. DULY PASSED AND APPROVED THIS THE 12TH DAY OF OCTOBER, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Deputy City Manager ATTEST: TITLE: FOR THE CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., BY PRESIDENT October 12, 1989 Page 824 89-48B-8,24•-614 (19.) In 1986, the City Council approved a Contract between the City of Lubbock and the National Center for Municipal Development. The cities of Lubbock, Plano, Houston, Dallas and Fort Worth agreed at that time to enter into a joint contract for federal representation services. Under the terms of the Contract, the cities received routine notifications on various items of interest from Washington and are also able to secure specific service for individual City projects. The service cost of the Contract is $20,000, which includes what amounts to a "retainer" and individual "service hours" which may be rolled forward to subsequent years if not used in the current fiscal year. In addition, approximately $5,500 is set aside for reimbursables should they be necessary. In discussing this Contract with representatives from other member cities, it was Staff's opinion that it has provided the most cost effective method to secure representation services before various federal agencies in Washington. Staff recommended approval ❑f this Contract. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #3221 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consi or RESOLUTION #3222 ssuance of $16.970 esolution RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989; PRESCRIBING THE FORM AND TERMS OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT THEREOF; AUTHORIZING THE FORM AND USE OF THE OFFICIAL STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS COUNTY 01= LUBBOCK CITY OF LUBBOCK L nue WHEREAS, on May 11, 1989, the City of Lubbock, Texas (the "City") and Brazos River Authority (the "Authority") entered into that certain Water Supply Agreement (the "Contract") in order that City may obtain an additional surface water supply; and WHEREAS, in order to provide the additional water supply the Authority is to construct, maintain and operate the "Project" (as defined in the Contract); and WHEREAS, pursuant to the Contract, upon request of the City, and only upon its request, the Authority is to issue and sell Bonds (as defined in the Contract) in an aggregate amount sufficient in the opinion ❑f the Authority and the City t❑ pay all Project Costs (as defined in the Contract)and to establish any funds required by the resolution authorizing the Bonds; and WHEREAS, the Contract provides that the initial resolution authorizing the issuance ❑f preconstruction bonds and construction bonds October 12, 1989 Page 825 for the Project (the "Bond Resolution") is subject to approval by the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. In accordance with the Contract, the City and Authority have determined that the Authority shall issue and sell bonds more particularly described as "Brazos River Authority Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1989 in the aggregate amount of $16,970,000 (the "Bonds"). SECTION 2. There has been submitted to the City the Bond Resolution substantially 'in the form to be adopted by the Board of Directors (the "Board") of the Authority on October 16, 1989 and bearing the draft date October 10, 11989. SECTION 3. The Bond Resolution is hereby approved by the City. SECTION 4. The City's approval of the Bond Resolution is subject to the review and approval of the terms of sale of the Bonds on October 16, 1989. The City expressly delegates the power of review and approval to the Assistant City Manager for Financial Affairs. The power granted in this section shall be exercised in accordance with the following criteria: the Bonds are sold upon the terms and conditions as set forth in the Notice of Sale and Bidding Instructions and Official Statement dated September 29, 1989, and in the professional judgment of the Assistant City Manager the terms of sale of the Bonds are feasible and within the City's ability to pay. SECTION �. In the event that the Bonds are sold pursuant to the authority granted by the Board in the Bond Resolution to the "Authorized Officer" (as defined in the Bond Resolution), the City hereby authorizes Robert Massengale, Assistant City Manager, on behalf of the City, to approve the terms of the sale of the Bonds by the Authorized Officer, in satisfaction of the requirement set forth in the Bond Resolution. Passed by the City Council this 12th day of October, 1989. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Robert Massengale Robert Massengale, Assistant City Manager for Financial Services CERTIFICATE FOR RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989; PRESCRIBING THE FORM AND TERMS OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT THEREOF; AUTHORIZING THE FORM AND USE OF THE OFFICIAL STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § We, the undersigned officers of the City of Lubbock, Texas, hereby certify as follows: October 12, 1989 Page 825 1. The City Council of said City convened in REGULAR MEETING ON THE 12TH DAY OF OCTOBER, 1989, at the City Hall, and the roll was called of the duly constituted officers and members ❑f said City Council, to -wit: B. C. "Peck" McMinn, Mayor Ranette Boyd, City Secretary Joan Baker George Carpenter Bill Maloy T. J. Patterson Gary D. Phillips Maggie Trejo and all of said persons were present, except the following absentees: NONE, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989; PRESCRIBING THE FORM AND TERMS OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT THEREOF; AUTHORIZING THE FORM AND USE OF THE OFFICIAL STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT was duly introduced for the consideration of said City Council for passage and adoption. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: 7 voted "For", O voted "Against, 0 abstained, all as shown in the official Minutes of the City Council for the Meeting held on the aforesaid date. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foreoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining t❑ the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, ❑f the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 5252- 17. 3. That the City Council of said City has approved, and hereby approves, the, aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary ❑f said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 12th day of October, 1989. sl Ranette Boyd City Secretary Isl B. C. McMinn Mayor According t❑ the Contract with Brazos River Authority, the Authority is now proceeding to issue bonds to begin the Lake Alan Henry Project. The Contract provides for the City of Lubbock to review practically every action that is taken by the Authority on the Project. The current schedule for the issuance of the bonds is October 15, which is the next Board Meeting for the Brazos River Authority. According to Staff comments, the $16,970,000 includes a $7,900,000 reimbursement for expenditures made by the City of Lubbock on the Project to date. The remaining $9,070,000 will be for engineering and pre- October 12, 1989 Page 827 liminary preparation for construction, such as relocation of pipelines and ❑il wells. The Bond Resolution the Brazos River Authority will be passing to issue the bonds is routine except for a special provision which allows the General Manager of the Brazos River Authority to negotiate the sale of the bonds in case the sale is not consummated on the Authority's Board Meeting date or if the bids at that time are not acceptable. The Resolution by the City of Lubbock allows Staff to review any negotiated sale prior to the consummation of that sale. The elements and events relating to this bond sale are proceeding according to original plans. City Staff has approved all elements of the Project and recommended approval ❑f the Resolution. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3222 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-827-515 (21.) BID #10272--18" Globe valve Water Utilities). A&P Water and Sewer Supplies, Odessa Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-827:.6119 (22.) BID #10293--Municipal Hill Operations facilities, and authorize same (Building Services). RESOLUTION #3223 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 Knox, Gailey and Meador, Inc. for Municipal Hill operations facilities, 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 12th day of October, 1989. ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Gene Eads Gene Eads, Purchasing Manager Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard_ Harold Willard, Assistant City Attorney October 12, 1989 Page 828 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of September, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to do so, hereinafter referred to as OWNER, and Knox, Gailey and Meador, Inc. 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. 10293 - MUNICIPAL HILL OPERATIONS FACILITIES FOR THE AMOUNT OF $2,035,119.00 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 d❑ so shall have been given to him and to substantially, complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd Secretary APPROVED AS TO CONTENT: s William J . Payne ATTEST: /s Dan 14enl ❑ Secretary COMPLETE ADDRESS: Knox, Gailey & Meadors, Inc. P.O. Box 5736 1109 North Avenue T Lubbock, Texas 79417 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard KNOX, GAILEY & MEADORS, INC. CONTRACTOR BY: /s/ Randell Gailey TITLE: President 89-48B-829 -617 (23.) 89-48B-829-618 (24.) October 12, 1989 Page 829 Knox, Gailey & Meador, Inc. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3223 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10285--Annual pricing for distribution transformers (Electric Distribution). Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to award bids based upon Vendor ranking and availability of distribution transformers. Motion carried: 7 Yeas; 0 Nays. BID #10353--Test hole drilling, and authorize same RESOLUTION #3224 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 Hi Plains Drilling, Inc. for test hole drilling, 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 12th day of October, 1989. ATTEST: s Ranette Bo d _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY 01 LUBBOCK /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 14th day of September, 1989 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 Hi Plains Drilling, Inc. of the City of Abernathy, County of Hale, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSElrH: 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. 10353 - TEST HOLE DRILLING IN THE AMOUNT OF $17,987.50 October 12, 1989 Page 830 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd Secretary APPROVED AS 1"0 CONTENT: Isl William J. Payne ATTEST: Secretary COMPLETE ADDRESS: Hi Plains Drilling, Inc. P.O. Box 730 Abernathy, Texas, 79311 CITY OF LUBBOCK, TEXAS (OWNER) Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl Harold Willard HI PLAINS DRILLING, INC. CONTRACTOR By: TITLE: Hi Plains Drilling, Inc. --Test hole drilling for ten wells. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3224 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-8:30- 619 (20.) BID #10368--Police motorcycles (Police Department). Kawasaki/Suzuki Good Times--2 Police motorcycles. Motion was made by Councilman Maloy, seconded by Councilman Phillips to hold this item. Motion carried: 7 Yeas; 0 Nays. (25.) Hold an Executive Session discuss appointments to: 89-48B-831-UO (26.) 89-48B-831-621 (27.) October 12, 1989 Page 831 )ersonnel matte Community Services Commission Lubbock Central Appraisal District Board Consider ❑ne appointment to the Community Services Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to reappoint Inez Baucum t❑ the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. utio RESOLUTION 3225 225 nomin h WHEREAS, there has been enacted in the State of Texas an Act relat- ing to ad valorem taxation of property (S.B. 621) and this Act applies to and is controlling on the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created under the provisions ❑f this Act, a Board of Directors to govern the Appraisal District established by the Act, the City ❑f Lubbock is desirous of nominating candidates to be placed on the ballot for election t❑ this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following persons are nominated by the governing body ❑f the City of Lubbock as candidates for positions on the Board of Directors of the Appraisal District created for the County ❑f Lubbock and that the names of these candidates be submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed ❑n the ballot for election to such positions at the next election for such purpose: Phil Pirkle Aubrey Faulkner Giles M. (Buddy) Forbess Richard Spikes It. B. Criswell Passed by the City Council this 12th day of October, 1989. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s1 Robert Massengale _ /s/ Donald G. Vandiver Robert Massengale, Assistant City Donald G. Vandiver, First Manager for Financial Services Assistant City Attorney October 12, 1989 Page 832 LUBBOCK CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS W. B. CRISWELL, CHAIRMAN Business: Lubbock Chamber of Commerce Agricultural Manager P.Q. Box 561 Lubbock, Texas 79408 Phone: 763-4666 Residence: Farming & Ranching Route 1, Box 39 Idalou, Texas 79329 Phone: 892-2090 RICHARD SPIKES; VICE-CHAIRMAN Business: Richard C. Spikes, CPA The Compound 2232 Indiana Lubbock, Texas 79410 Phone: 797-2611 Aesidence: 4606 5th Street Lubbock, Texas 79416 Phone: 792-6723 PHIL PIRKLE, SECRETARY Business: Sr. Vice -President Business Development & Marketing Lubbock National Bank P.Q. Box 6100 Lubbock, Texas 79493 Phone: 792-1000 Residence: 4913 78th Street Lubbock, Texas 79424 Phone: 794-4895 GILES M.-(BUDDY) FQRBESS, MEMBER Business: Benton Oil Company P.Q. Box 31 Lubbock, Texa, 7940E Phone: 763-5301 Residence: 4009 69th Street Lubbock, Texas 79413 Phone: 799-1744 AUBREY FAULKNER, MEMBER_ Business: Frontier Wholesale 833 East 40th Street Lubbock, Texas 79404 Phone: 744-14-4 Residence: 3303 59th Street Lubbock, Texas 79413 Phone: 795-1328 Motion was made by Councilman Phillips, seconded by Councilman Carpenter to nominate the following persons as candidates for positions on the Board of Directors of the Appraisal District (created for the County of Lubbock), which names will be submitted to the Chief Appraiser of the Appraisal District and placed on the ballot for election to those positions: Phil Pirkle Giles M. (Buddy) Forbess W. B. Criswell Aubrey Faulkner Richard Spikes Motion carried: 7 Yeas; 0 Nays. October 12, 1989 Page 833 89-48B-83?-zi622 ( 7.) Bill Evans, Vice President of Cresap Company, will appear to present report and recommendations _r_eg ar the Criminal Justice System of Lubbock County. In May, 1989, the City of Lubbock entered into a Contract with the Cresap Division of Towers, Perrin, Forster and Crosby, Inc. for a comprehensive review of the Criminal Justice System in Lubbock County. Since then the Cresap Firm reviewed information, various statistics, histories, and interviewed employees and officials of the Lubbock Police Department, Criminal District Attorney's Office, the Court System, Sheriff's Office, and other representatives of the County and City governments as well as some representatives ❑f the Lubbock County Criminal Justice Commission. Bill Evans, Vice President of Cresap Company, appeared to present the following findings and recommendations regarding their evaluation of the Criminal Justice System in Lubbock County: Mr. Evans stated that his firm had been engaged by the City Council of Lubbock to reform a comprehensive study of the Lubbock County Criminal Justice System, and to make specific recommendations that would form a program that would reduce crime in Lubbock County. The study was started in May, 1989, and Mr. Evans complimented the cooperation from all involved. He said that 140 interviews were conducted, and a massive data was collected and analyzed. From this, the recommendations presented in this report were formulated. Mr. Evans noted that in his experience, the ❑nly thing found as a way t❑ reduce crime in the community that works is creating conditions in the community that spell out a high degree of probability that those who commit crimes in the jurisdiction are apt to be caught and incarcerated, not placed on probation. Mr. Evans advised that in Lubbock County the solution is to achieve a balance between the various elements of the Criminal Justice System. He noted that the role ❑f the Police is t❑ solve crimes, and then there must be sufficient prosecutory capacity t❑ handle those who are caught and charged. Further, there must be sufficient capacity in the Court System to try people and to dispose of cases --currently, most of the cases are disposed ❑f by plea bargaining, and Mr. Evans advised that if there's not the threat of a trial, there's not sufficient leverage for the prosecutors in dealing with cases that are plea bargained. The final element, according to the Consultant, is that there must be sufficient jail space. Mr. Evans stated that their study shows that the Police Department and the Sheriff's Department produce reasonable solution rates of crime (particularly the Police Department), but there is a shortfall in the capacity of the Prosecutor's Office, the CDA's Office, and the Courts to handle the caseload. Also, the lack of beds in jails ❑r prisons has, in the opinion of the Consultants, affected the functioning of the Criminal Justice System in Lubbock County, and this factor is operating to the advantage of crooks and t❑ the disadvantage of citizens. October 12, 1989 Page 834 According to Mr. Evans, the basic crime rate of any community is a function of the demographics of that community. Some cities or counties )y their nature have more crooks than others, and Mr. Evans pointed out that the Consultants studied statistics to calculate the risk to a criminal who commits a crime in Lubbock County. Based upon 1988 figures showing the numbers of crimes reported to the Police and the Sheriff's Department, the number of arrests that were made --the number of cases that were filed --and then survived indictment, reached trial, resulted in conviction, and then resulted in sentence for incarceration, for every 100 crimes reported to the Police in Lubbock County in 1988, 3.4% people went to prison or to jail. Mr. Evans noted that it is necessary to find a way to increase the risk or to raise the price that the criminal has to pay for committing crimes in Lubbock County. Mr. Evans stated the Consultants opinion that to do that, will require expenditures beyond present expenditures of about $6 million per year. Mr. Evans used the scenario of the patrolman who originally responds and does that job right. That patrolman will produce a number of cases with leads that then can be followed up by detectives. If the detectives are able to work on the cases with leads, that's what drives up the solution rate. According to Mr. Evans, the next step in the process is the prosecutor who will take the case, achieve an indictment and a conviction, and so on. Mr. Evans stated that because of the lack of prosecutorial capacity in Lubbock County, hard-working prosecutors wind up plea bargaining cases for less than would be indicated if they had the capacities to try them. Part of the capacity depends upon the capacity of the courts to conduct trials, and in Lubbock County last year there were 89 felony trials conducted. Mr. Evans noted that the recently established 6th District Court in Lubbock County will help increase that capacity and advised of other ways to help increase the capacity for the number of trials conducted. One of them is by the appointment of a Criminal Master who would take a substantial load from the judges who sit on criminal cases. This individual would handle indictments, preliminary hearings, preside at jury pools, etc., and this would make more of the judges' time available for actually hearing contested trials. The recommendation further was to hire a full-time secretary and a half-time legal clerk for each one of the District Courts, in order to increase their time to hear cases. According to the study, implementing these recommendations could add 25% to the capacity in the six district courts of Lubbock County. That is, the equivalent of about 1.5 additional courts being achieved without adding additional courts. Mr. Evans said that the study shows the District Attorney's Office to be a well -managed, sensibly executed system with the exception that there aren't enough prosecutors. The lack of sufficient numbers of prosecutors leads to plea bargaining situations and dismissals after indictment. According to the study, after indictments are returned, about 50% of the cases are dismissed, with the majority being dismissed because the accused had been convicted of another felony. By increasing the capacity of the October 12, 1989 Page 835 Prosecutor's Office and of the Court System there would be fewer dismissals because the prosecutors would have greater capacity t❑ handle those cases, and that would drive up the price of crime. The recommendation is for nine additional attorneys in the Criminal District Attorney's Office, and that would allow two Prosecutors for every District Court to be assigned on a permanent basis. At this point, Mr. Evans noted the demands that would be put ❑n the County Jail under the assumption that the State is several years away from fulfilling its responsibilities ❑f taking all ❑f the convicted felons from the County Jail. Mr. Evans noted the need for an additional 700 beds than the County Jail will have after the 2nd Floor is ❑pened later this year. It was suggested that Lubbock County extend its bed capacity by acquiring an existing building, refurbishing it to be used as a "Minimum Security Facility"; and that the present jail and the addition that's about to open to be used as the "Maximum Security Facility". The new facility would be temporary and would be staffed in increments so that as the population builds up, the staff can be increased. Then in several years all those beds wouldn't be needed and that facility could be slowly closed and eventually abandoned. The initial cost is estimated at $3 million, and adding the associated operating costs there would be additional costs of about $5.4 million. Mr. Evans reported the crime rate in Lubbock is about 15% higher than the average of Texas cities in the average of U.S. cities in the population of 100,000 to 250,000. Mr. Evans said that with respect to the Lubbock Police Department the Consultants received a number of views from users of the service, from observers, and from many employees of the Police Department. According t❑ Mr. Evans, there are no two more important things for the Police Department to do than to respond rapidly to the scene of crimes emergencies and to solve crimes. The present solution rate was about 18.8% in 1988. The national average runs about 20%. Mr. Evans noted the current practice of a Detective making a case, the case being accepted for prosecution by the Criminal District Attorney's Office, a warrant being issued for the arrest of the person charged, and the warrant going to the Sheriff's Office ❑f Lubbock County to be served ❑n the suspect. According to the study, there are presently about 750 unserved felony warrants in Lubbock County, and the service of these warrants is not pursued diligently because of the number of people that are involved in that work in the Sheriff's Office. It was recommended that the Lubbock Police Department serve criminal warrants ❑n people who live in the City of Lubbock whose cases have been made by the Lubbock Police. Mr. Evans noted that it should be the job of the Detective who makes the case to serve the warrants, and in those cases where the Detective is unsuccessful on the initial attempt, to place the warrant in a warrant pool to be worked out periodically, to provide the patrol force with the language on that and will be found in the report. It was noted that there are substantial delays in dispatching police officers when citizens call, and that some of the delays are due to use ❑f the priority October 12, 1989 Page 836 system which is a part of the computer -aided dispatch function of the Communication Center. Priority #1, 2, or 3 is assigned to each case and a substantial number of cases are Priority 3, which are not entered as rapidly as Priority 1 cases. Mr. Evans said that 95% of the calls should be without any delay in dispatch and that is possible by abandoning the priority system that now exists. It is also necessary to redeploy the patrol force to provide a greater match between the number of calls expected at a given hour, and the number ❑f police officers available to answer those calls. The officers also should be placed so that there are sufficient numbers to handle projected calls in each part of town. The study suggested revamping the current 19 standard beat zones in Lubbock. The suggestion is that there be 3 beat zone maps: Daytime shift, evening shift, and midnight shift, and that they be drawn to place ❑ne patrol unit in one zone, with the parts of town experiencing the highest percentage of calls with smaller beats. This would place patrolmen in the parts of town where they're likely to be needed and speed up the response time. Also recommended in the report is eliminating the Flex Shift that works from 7:00 p.m. t❑ 3:00 a.m. and having three shifts t❑ cover the 24-hour day. In the morning hours there would be 27 patrol units on the streets on a typical day; in the evening hours there would be 37; and on the night shift, there would be 24 which coincide with expected activity levels. Mr. Evans noted that this is based upon a criteria that if property deployed, each patrol officer answering an average ❑f four calls per 8-hour shift at an average of 30 minutes per call would have six hours in his patrol zone to deal with traffic violators, d❑ ❑n-view arrests, etc. Mr. Evans pointed out that within the Lubbock Police Department, there has been a tendency to create special purpose units to solve short-term problems and as a result organizational fragmentation presently exists. Three different divisions of the department are involved in doing follow-up investigations, for example. Also, the personnel doing the patrol work and the detective who do the follow-up investigations (the two really basic operational functions of any police department) have expressed their opinion that the value system of the department is on the special purpose units, and that they, are not appreciated and are unrewarded. Mr. Evans advised that the value system of the Lubbock Police Department must be clear; that answering citizen calls, doing patrol work, and catching criminals is the most important work ❑f the Police Department. The patrol force now has Lieutenants in charge of each of the four shifts, and a total of five Lieutenants are assigned to patrol which means is that for a number ❑f days, and patrol shifts, the ranking officer on duty is the Sergeant. The study recommended that the Captains be put in charge of each of the three patrol shifts and that a Lieutenant assist. Further, it was recommended that schedules be worked s❑ that the most of the time either the Captain or the Lieutenant be present to actively supervise the shift October 12, 1989 Page 837 and spend time on the streets. Mr. Evans stated that kind of responsibility is appropriate to the grade of Captain. The study did not recommend additional police officers, but rather suggested a total of five less than current. The number of patrol units total 88 each day (as opposed to 77 each day on the streets in September). However, it was suggested that the City continue to anticipate annual losses in the Police Department brought about by retirement or resignation and continue to put recruits in training, with the expectation that they be ready to be deployed by the time the person whom they replace is going to leave. Mr. Evans said that currently there are 12 recruits in training over and above this number the that was specified, and that is how it should be. Another recommendation was for additional detective capability and the purchase of additional cars for detectives. Also suggested is an organizational rearrangement that would lead to the appointment of one additional Assistant Chief. Presently, there are about 7 operating divisions in the department, and most of them report to one of two Assistant Chiefs: One is in charge of Field Operations, one is in charge of Support Operations, with some special purpose units report directly to the Chief. The recommendation was for an additional Assistant Chief position, to be in charge of all the uniformed patrol force and the traffic force. The second Assistant Chief would be in charge of investigation and the third Assistant Chief would be in charge of everything else for the administrative and support functions for the two operating units. Mr. Evans closed by saying that the Lubbock Police Department has a number of highly capable, dedicated, able, willing police officers and that by creating this new leadership focus on fundamentals, by strengthening the supervision of the patrol shifts, by concentrating on getting there fast and catching the criminals and some other techniques that we have suggested in the report for better use of detective time, not only will the people of Lubbock see and feel this more rapid response time, but they will see an increase in the number of crimes that are solved. Mayor McMinn commented that each of the Council had been briefed on this report prior to this meeting. Mayor Pro Tem Baker asked Mr. Evans how the findings of the study compare with the report of the Criminal Justice Commission, and Mr. Evans replied that this report is entirely consistent with what the Lubbock County Criminal Justice Commission and that the Commission's report covered some things not covered in this report, but that the thrust of the two reports is very consistent. Mayor Pro Tem Baker then asked about alternative sentencing, and Mr. Evans replied that their experience is that the way to make crime go down is to put more people in jail, not find ways to keep them out ❑f jail. October 12, 1989 Page 838 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter that the City Council accept the report and take it under advisement, with the idea to implement the recommendations within the City Council's jurisdiction as soon as possible. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, Mayor McMinn adjourned the meeting at 11:25 a.m. Motion carried: 7 Yeas; 0 Nays. J. C - /, * -! A�-,-* B. C. McMINN, MAYOR T: Ran to Boyd, City Sec etary READ AND APPROVED THIS 24TH DAY OF OCTOBER, 1989. C B. C. McM N , MAYOR t; MRanette Boyd, City Secre ry OOOVN RE NANCH4 ORDINANCE No.4S12 •`ING 1ONIHGIOARDINANCE O- R-251 OF4THE MAF CI-ty OF ILUBBOCK CHANGFOLLOWiN ES: ZONE CASE NO.2aG TEXAS A ZONING CHANGE FROM R-1. TO A-2 ZONING. LIMITED TO BBOCK CAREFA%CILTIESONLOTS�rances- Hernandez a Notary Public in and for Lubbock County, Texas on this day BLOCK 2�WONDERLAND AODI' -�: Auf t l s Account Mgn� ar of the Southwestern Newsga- DEEEER%NODOD ADDIITION, LUB Ted BOCK'TIEXAS; S VIv`Ne �, Publishers of the Lubbock Avalanche -Journal —Morning, Evening and Sunday, who ZoNwTYI PROVIOI"G A SAV- sworn did depose and say that said newspaper has been published continuously for more INGSCLAU56AND PROVIDING ks prior to the first insertion of this Ls¢at bin-tielk FOR UB"CAT,GN R-4iIPN(.506A at Lubbock County, Texas and the attached print - is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: 4f alt 19a9 75 words @ .92 = $69, 0Q f� I Account tanager LUBBOCK AVALANCHE -JOURNAL i I:•.p,r 59I Southwestern Newspapers Corporation Subscribed and sworn to before me this __23_ day of October , 19$Q FORM 58.10