HomeMy WebLinkAboutMinutes - City Council - Regular - 4/12/1990253
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 12, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 12th day of April, 1990 in the City Council Chambers, first floor, City
Hall, 1525 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 order at 10:00 A.M.
( 1.) The Invocation was given by John C. Ross, Jr., City
Attorney.
2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
[ 3.) Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to approve the Minutes of the March
22, 1990 Regular City Council meeting as written.
Motion carried: 7 Yeas; 0 Nays.
( 4.)
90-49A--253-180
( 5.)
Board Appointments
Representative Larry Combest presented Certificates of
Completion of the Urban Homesteading Program to the new
homesteaders in conjunction with the celebration of
National Community Development Week.
The Urban Homesteading Program is a cooperative venture
between the City of Lubbock and Lubbock Housing Finance
Corporation which acts as the Lubbock Urban
Homesteading Agency. During the past year seven houses
were selected from the FHA foreclosure listing and
purchased with a $125,000 grant from HUD for the
program. The houses were located in the Arnett Benson,
Dupre, and Bean neighborhoods.
The seven homesteaders were selected from a drawing
which included over 50 families. They have completed
all of the HUD requirements for the program as well as
a homeowner nurturing course. Six of the seven
homesteaders utilized the Section 312 program for
rehabilitation funding. The average rehabilitation
expenditure was $25,000.
HUD has approved the City's 1989-90 program for
$125,000 and a Section 312 set aside of $100,000 has
been made for the City. Applications are now being
accepted for the next drawing and preliminary house
selection is underway.
April 12, 1990
Page 254
90-49A-254-181
( 6.)
90-49A--254-.182
( 7.)
90-49A-.254-183
( 8.)
Liz Sisco appeared to request a Loudspeaker Permit for
April 21, 1990 from 7:30 p.m. until 11:00 p.m. (for a
band that will play in the back yard of 4707 21st
Street).
No complaints were received from the residents within a
one block radius of the proposed event site (4707 21st
Street). Council approval is necessary due to the
event being held in a residential area and during the
evening hours, and all requirements of the Loudspeaker
Ordinance have been met.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to approve issuance of a Loudspeaker
Permit to Liz Sisco for April 21, 1990 from 7:30 p.m.
to 11:00 p.m. Motion carried: 1 Yeas; 0 Hays.
Chuck Kershner appeared on behalf of the South Plains
Dental Auxiliary to request a Loudspeaker Permit for
April 22, 1990. Mr. Kershner has obtained the
necessary signatures for this event which will be held
at the Four -Bar K Ranch from 6:00 p.m. until 10:00 p.m.
Council approval is necessary due to the activity being
scheduled in a residential area and the time in which
Mr. Kershner proposes to stage the activity. All other
requirements of Loudspeaker Ordinance have been met.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to approve issuance of a
Loudspeaker Permit to South Plains Dental Auxiliary for
April 22, 1990 from 6:00 p.m. to 10:00 p.m. Motion
carried: 1 Yeas; 0 Nays.
ORDINANCE #9344
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
DRAINAGE AND STORAGE EASEMENT LOCATED IN SOUTHWEST COMMERCIAL PARK ADDITION
TO THE CITY OF LUBBOCK, 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.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to pass on second and final reading
Ordinance #9344 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 255
90-49A-255-184
( 9.) ORDINANCE #9345--Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock regarding water and
sewer services.
ORDINANCE #9345
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE DF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 28-154 WITH REGARD TO TIME
PAYMENT OF WATER AND SEWER PRO RATA CHARGES; BY ADDING A NEW SECTION 28-157
PERTAINING TO FIXING OF LIENS AGAINST PROPERTY FOR ALL CDSTS WHEN SEWER
CONNECTION IS REQUIRED BUT HAS NOT BEEN ACCOMPLISHED; PROVIDING A SAYINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
90-49A.-255-1$5
(10.)
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to pass on second and final reading
Ordinance #9345 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #9345
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2544; A
ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A 480' GUYED ANTENNA
TOWER ON A TRACT OF LAND OUT OF SECTIONS 1 & 4, BLOCK S, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
90-49A-255-'1006
(11.)
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to pass on second and final reading
Ordinance #9345 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
Bozeman Addition.
ORDINANCE #9347
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2543; A
ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 15 &
17, KEN BOZEMAN 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
Mayor Pro Tem Baker to pass on second and final reading
Ordinance #9347 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A-255-187
(12.)
April 12, 1990
Page 256
ORDINANCE #9348
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO SECTIONS 2-270 THROUGH 2-
272 WHICH CREATE AND ESTABLISH AN ADVISORY COMMITTEE TO THE PARK AND
RECREATION BOARD OF THE CITY OF LUBBOCK AND OUTLINE THE DUTIES AND
COMPOSITION OF SUCH COMMITTEE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
90-49A•-256-188
(15.)
On March 22, 1990, Council was presented a
recommendation from the Parks and Recreation Board that
Council pass an ordinance establishing a Garden and
Arts Center Advisory Committee and outlining the duties
and composition of such committee.
The intent of the Parks and Recreation Board and staff
recommendations regarding the advisory committee was
that this committee represent all the users of the
Center, make recommendations to the Parks Board, and
further, that the City use the facility for
predominantly cultural and educational services.
Upon Council request, Staff made the following changes
to the proposed ordinance:
I. Adding a provision limiting the
advisory committee to a term of one
year after appointment of members with
review by Council at the end of that
one year.
2. Specify that the advisory committee
consist of nine members, each appointed
by the City Council from the membership
of organizations which utilize the
Municipal Garden and Arts Center.
Candidates for consideration to the advisory committee
were reviewed by the Parks and Recreation Board on
April 24, and the recommended list of possible
appointees was considered by City Council as Item #44
of these minutes.
The advisory committee will make recommendations to the
Parks and Recreation Board concerning the guidelines
for the use of the Center to be submitted for Council
consideration and approval in July, 1990.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilwoman Trejo to pass on second and final reading
Ordinance #9348 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
Loop 289.to Milwaukee Avenue and ❑ne alley).
RESOLD I N #3340
RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATES,
ROLLS, ETC., IN CONNECTION WITH THE PROPOSED 1990 ASSESSMENT PAVING
IMPROV17MENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND
ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS.
April 12, 1990
Page 257
WHEREAS, the governing body of the City of Lubbock has heretofore
ordered and provided for the improvement of portions of sundry streets,
highways, avenues and/or alleys in and along the boundaries of the City as
designated below:
UNIT AND SUP -UNIT (ALLEYS 10' WIDE)
A-461-07 The alley between 61st Street and 62nd Drive and
between Louisville Drive and Kenosha Drive.
UNIT AND SUB -UNIT [STREET 86' WIDE] FROM
TO
2240-80 34th Street West Loop 289 Milwaukee Avenue
WHEREAS, it is proposed to make and levy assessments against abutting
property and the owners thereof and others for a portion of the cost of
such improvements; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Engineer of the City BE and he is hereby
directed to prepare and file with the City estimates showing cost of
improvements in each Unit, showing the description of the property abutting
upon each unit with the names of the owners of such property and the
amounts proposed to be assessed against each parcel of property showing
other matters and things, it being specially provided, however, that any
mistake in such estimates or in amounts and in the descriptions of property
or names of owners shall in no wise affect, invalidate or impair any
assessment which may be levied.
SECTION 2. THAT such estimates, rolls and statements shall show all
information required to be shown thereon by the proceedings of the City
relating to such improvements and the law and charter with amendments in
force in the City, and by the provisions of Article 1105B of the Revised
Civil Statutes of Texas as currently amended.
SECTION 3. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 12th day of April, 1990.
ATTEST:
/s/ Nanette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Larr D. Hertel
Larry D. Hertel, Cfty Engineer
/sZ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
Zs/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is the fourth in a series of five Resolutions and
one Ordinance used in levying paving assessments.
These Estimates and Rolls will be used later in the
advertisement of "Notice of Public Hearing" and the
proposed amounts to be assessed against the various
properties for these paving improvements. The fifth
and last Resolution will set the time and date of the
public hearing probably for June, 1990, and the time
set will depend upon right-of-way acquisition on 34th
Street. Staff recommended approval.
April 12, 1990
Page 258
Motion was made by Councilman Carpenter, seconded by
Mayor Pro Tem Baker to authorize Resolution #3340 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-258-189
(16.) Consider Resolution #3341 accepting drainage and street
improvements constructed by Kerr Construction Company
at King's Gate Park, Project No. 9486.
RESOLUTION #3341
A RESOLUTION ACCEPTING DRAINAGE AND STREET IMPROVEMENTS AS LISTED
BELOW:
WHEREAS, the City of Lubbock heretofore entered into a Contract with
Kerr Construction Company for the making of drainage and street
improvements in said City including among others the following:
Kingsgate Drainage and Street improvements.
WHEREAS, the construction of the above improvements 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 the terms of said Contract, Project No. 9486; NOW
THEREFORE:
BE I'T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements above -mentioned 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 $5,923.02.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 12th day of April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Lar-r Hertel
Larry Hertel, City Engineer
ESTIMATE FILED WITH RESOLUTION
Isl B. C. McMinn
B. C. MCMIHN, MAYOR
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of storm sewer improve-
ments, concrete drainage channel extensions in King's
Gate Park, and concrete intersections adjacent to
King's Gate Park, situated east of Nashville Avenue
from 87th Street to gird Street. The original Contract
was $114,084, and the final cost is $118,460.32, for
which final payment of $5,923.02 is due Kerr
Construction Company upon acceptance. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3341 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 259
90-49A-259-190
(17.)
RESOLUTION #3342
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Emergency
Shelter, Funding Agreement by and between the City of Lubbock and Lubbock
Regional Mental Health and Mental Retardation Center, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of April, 1990.
ATTEST:
Ls,L-Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
LsL-Sandy Ogletree /sj Rosanne Piatt
Sandy Ogletree, Community Rosanne Piatt, Assistant City
Development Administrator Attorney
EMERGENCY SHELTER FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
LUBBOCK REGIONAL MENTAL HEALTH AND MENTAL RETARDATION CENTER
THE :STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement is entered into this 12th day of A rg 3l , 1990,
between the City of Lubbock, Texas, a home rule municipal corporation,
hereinafter- called "City" and Lubbock Regional Mental Health and Mental
Retardation Center, a nonprofit agency of the State of Texas created at the
request of a local government pursuant to Article 5547-2.03 Vernon Texas
Civil Statutes (MHMR Act 1965, as amended), a political subdivision whose
role is to perform public service in a particular field, hereinafter
referred to as "Center".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services in
its undertaking of an Emergency Shelter Grants Program pursuant to Subpart
B of Title IV of the Stewart B. McKinney Homeless Assistance Act [Pub.
L.100-77]; and
WHEREAS, the Center is a nonprofit Center offering services to the
homeless; and
WHEREAS, the Center and the services it provides have been found to
meet the criteria for funding under provisions 576.23(b) of the Emergency
Shelter Regulation for Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of
facilities for the homeless, provision of essential services for the
homeless, and the payment of maintenance, operation (excluding staff),
April 12, 1990
Page .260
rent, repair, security, fuels, equipment, insurance, utilities and
furnishing, developing and implementing homeless prevention activities are
fundable by the Department of Housing and Urban Development; and
WHEREAS, the provision of shelter and services to the homeless is the
predominant purpose of the transaction; continuing supervision by the City
together with statutory and contractual requirements provide sufficient
assurance that this purpose will be accomplished; and an audit provides
sufficient protection of -the handling of public money;
NOW THEREFORE, the City and Center d❑ hereby mutually agree as
follows:
4-:14 2 Ui1 � i M:Tel l 9 9, i"m J"[ri f
This agreement shall commence on April 12, 1990, and shall terminate on
January 30, 1991.
SECTION 2. CENTER PERFORMANCE
Center shall conduct, in a satisfactory manner as determined by City, an
Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the
Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77), hereinafter
referred to as the Act. Center shall perform all activities in accordance
with the terms of the Performance Statement, hereinafter referred to as
Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Applicable
Laws and Regulations, hereinafter referred to as Exhibit C; the assurances,
certifications, and all other statements made by Center in its application
for the project funded under this agreement; and with all other terms,
provisions, and requirements set forth in this agreement.
SECTION 3. CITY OBLIGATIONS
A. In consideration of full and satisfactory performance of the
activities referred to in Section 2 of this agreement, City shall be
liable for actual and reasonable costs incurred by Center during the
agreement period for performances rendered under this agreement by
Center, subject to the limitations set forth in this Section 3.
1. It is expressly understood and agreed by the parties hereto
that City's obligations under this Section 3 are contingent
upon the actual receipt of adequate federal funds to meet
City's liabilities under this agreement. If adequate funds are
not available to make payments under this agreement, City shall
notify Center in writing within a reasonable time after such
fact is determined. City shall terminate this agreement and
will not be liable for failure to make payments to Center under
this agreement.
2. City shall not be liable to Center for any costs incurred by
Center, or any portions thereof, which have been paid to Center
or which are subject to payment to Center, or which have been
reimbursed to Center or which are subject to reimbursement to
Center by any source other than City or Center.
3. City shall not be liable to Center for any costs incurred by
Center which are not allowable costs, as set forth in Section
5(B) of this agreement.
A.. City shall not be liable to Center for any costs incurred by
Center or for any performances rendered by Center which are not
strictly in accordance with the terms of this agreement,
including the terms of Exhibit A, Exhibit B, and Exhibit C of
this agreement.
5. City shall not be liable to Center for any costs incurred by
Center in the performance of this agreement which have not been
billed to City by Center within sixty (60) days following
termination of this agreement.
April 12, 1990
Page 261
6. City shall not be liable for costs incurred or performances
rendered by Center before commencement of this agreement or
after termination of this agreement.
B. Center shall refund to City any sum of money which has been paid to
Center by City which City determines has resulted in overpayment to
Center, or which City determines has not been spent by Center
strictly in accordance with the terms of this agreement. Such refund
shall be made by Center to City within thirty (30) working days after
such refund is requested by City.
C. Notwithstanding any other provision of this agreement, the total of
all payments and other obligations incurred by City under this
agreement shall not exceed the sum of Twenty Three Thousand Five
Hundred and no/100 Dollars ($23,500.00).
SECTION 4. METHOD OF PAYMENT
A. Center shall submit to City invoices for items purchased. City shall
determine the reasonableness of each purchase and shall not make
disbursement of any such payment until City has reviewed and approved
each purchase. Payment of approved purchases will be made by the
City directly to the supplier.
B. Notwithstanding the provisions of Section 4(A) of this agreement, it
is expressly understood and agreed by the parties hereto that
payments under this agreement are contingent upon Center's full and
satisfactory performance of its obligations under this contract.
C. It is; expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Section 4 or in any other
provision of this agreement shall not preclude the exercise of any
other right or remedy under this agreement or under any provision of
law, nor shall any action taken in the exercise of any right or
iremedy be deemed a waiver of any other rights or remedies. Failure
'to exercise any right or remedy hereunder shall not constitute a
waiver of the right to exercise that or any other right or remedy at
any time.
SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST RINCIPLES
A. Center shall comply with Office of Management and Budget (OMB)
Circulars Nos. A-110 and A-112.
B. The a,llowability of costs incurred for performances rendered
hereunder by Center shall be determined in accordance with OMB
Circular No. A-122. Notwithstanding any other provision of this
agreement, City shall only be liable to Center for costs incurred or
performances rendered for activities specified in 24 CFR Sec.
576.21(a) (54 Fed Reg 46801 (November 7, 1989).)
City shall not be liable to Center for costs incurred or performances
rendered for any other activities, than those authorized under
576.21(a), (b) and (c).
SECTION 6. CENTER'S MATCH
A. Center shall be liable to City for providing an amount of funds equal
to the amount of funds provided by City under this agreement for
performances hereunder. Such funds must be provided from sources
other than under this agreement. This amount shall be referred to
hereinafter as Center's match.
B. Amounts may be counted toward Center's match only if such amounts are
costs or resources of a type specified by budget categories
delineated in Exhibit B and only if such amounts are computed in
accordance with this subsection. In calculating the amount of
[renter's match, Center may include the value of any donated material
or building; the value of any lease on a building; any salary paid to
staff of Center in carrying out the activities required under this
April 12, 1990
Page 263
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is
contracting with Center as an Independent Contractor, and that Center, as
such, agrees to hold City harmless and to indemnify City from and against
any and all claims, demands, and causes of action of every kind and
character which may be asserted by any third party occurring or in any way
incident to, arising out of, or in connection with the services to be
performed by Center under this agreement, its use or occupancy of the
emergency shelter structure, or by the negligence of its agents or
employees. Center shall give to City prompt and timely written notice of
any claim instituted which in any way, directly or indirectly, contingently
or otherwise, affects or might affect City, and City shall have the right
to compromise and defend same to the extent of its own interests.
The Center shall not at any time or in any manner represent that it or any
of its agents or employees are in any manner agents or employees of the
City.
SECTION 11. SUBCONTRACTS
A. Center shall only subcontract for performances described in this
agreement to which the federal labor standards requirements apply
after Center has submitted a Subcontractor Eligibility form, as
:specified by City, for each such approval, based on the information
submitted, of Center's intent to enter into such proposed
subcontract. Center, in subcontracting for any performances
described in this agreement, expressly understands that in entering
into such subcontracts, City is in no way liable to Center's
subcontractor's).
B. :In no event shall any provision of this Section 11, specifically the
requirement that Center obtain City's prior written approval of a
subcontractor's eligibility, be construed as relieving Center of the
responsibility for ensuring that the performances rendered under all
:subcontracts are rendered so as to comply with all of the terms of
this agreement, as if such performances rendered were rendered by
Center.
C. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of Center's or subcontractor's
performance hereunder. City maintains the right to insist upon
Center's full compliance with the terms of this agreement, and by the
act of approval under this Section 11, City does not waive any right
of action which may exist or which may subsequently accrue to City
under this agreement.
D. (.enter shall comply with all applicable federal, state, and local
haws, regulations, and ordinances for making procurements under this
contract, including Circular No. A-110, Attachment O Procurement
Standards.
SECTION 12. CONFLICT OF INTEREST
In addiction to the requirements of OMB Circular No. A-110 and 24 CFR Part
85, Center shall ensure that no person who is an employee, agent,
consultant, officer, or elected or appointed official of City or Center,
who exercises or has exercised any functions or responsibilities with
respect, to activities performed pursuant to this agreement, or who is in a
position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a personal or
financial interest or benefit from the activity, or have an interest in any
contract, subcontract, or agreement with respect to the activity or the
proceeds of any contract, subcontract, agreement related to the activity,
either for himself or herself or those with whom he or she has family or
business ties, during his or her tenure or for one year thereafter.
April 12, 1990
Page 264
SECTION 13. LEGAL AUTHORITY
A. Center assures and guarantees that Center possesses the legal
authority to enter -into this agreement to receive funds authorized by
this agreement, and to perform the services Center has obligated
itself to perform hereunder.
B. The person or persons signing and executing this agreement on behalf
of Center, or representing themselves as signing and executing this
agreement on behalf of Center, do hereby warrant and guarantee that
he, she or they have been duly authorized by Center to execute this
agreement on behalf of Center and to validly and legally bind Center
to all terms, performances, and provisions herein set forth.
C. City shall have the right to suspend or terminate this agreement if
there is a dispute as to the legal authority of either Center or the
person signing this agreement to enter into this agreement or to
render performances hereunder. Center is liable to City for any money
it has received from City for performance of the provisions of this
agreement if City has suspended or terminated this agreement for
reasons enumerated in this Section 13.
SECTION 14. LITIGATION AND CLAIMS
Center shall give City immediate notice in writing of 1) any action,
including any proceeding before an administrative agency, filed against
Center arising out of the performance of any subcontract hereunder; and 2}
any claim against Center, the cost and expense of which Center may be
entitled to have reimbursed by City. Except as otherwise directed by City,
Center shall furnish immediately to City copies of all pertinent papers
received by Center with respect to such actions or claims.
SECTION 15. SECTARIAN ACTIVITY
None of the performances rendered by Center under this agreement shall
involve and no portion of the funds received by Center under this agreement
shall be used in support of any sectarian or religious activity, nor shall
any facilities used in the performance of this agreement be used for
sectarian instruction or as a place of religious worship.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement, any
alternations, additions, or deletions to the terms of this agreement
shall be by amendment hereto in writing and executed by both parties
to this agreement.
B. It is understood and agreed by the parties hereto that performances
under this agreement must be rendered in accordance with the Act, the
regulations promulgated under the Act, the assurances and
certifications made to City by Center, and the assurances and
certifications made to the United States Department of Housing and
Urban Development by the City with regard to the operation of the
Emergency Shelter Grants Program. Based on these considerations, and
in order to Ensure the legal and effective performance of this
agreement by both parties, it is agreed by the parties hereto that
the performances under this contract may be amended in the following
manner: City, on behalf of the Department of Housing and Urban
Development, may from time to time during the period of performance
of this agreement issue policy directives which serve to establish,
interpret, or clarify performance requirements under this agreement.
Such policy directives shall be promulgated by the U.S. Department of
Housing and Urban Development, shall have the effect of qualifying
the terms of this agreement, and shall be binding upon Center, as if
written herein, provided however, that said policy directives shall
not alter the terms of this agreement so as to release City of any
obligation specified in Section 3 of this agreement to reimburse
costs incurred by Center prior to the effective date of said policy
directives.
April 12, 1990
Page 265
C. Any alterations, additions, or deletions to the terms of this
agreement which are required by changes in Federal law or regulations
are automatically incorporated into this agreement without written
amendment hereto, and shall become effective on the date designated
by such law or regulation.
SECTION 17. SUSPENSION
Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in
the event that Center fails to comply with any term of this agreement, City
may, upon written notification to Center, suspend this agreement in whole
or in part and withhold further payments to Center, and prohibit Center
from incurring additional obligations of funds under this agreement.
SECTION 18. TERMINATION
A. City shall have the right to terminate this agreement, in whole or in
mart, at any time before the date of completion specified in Section
:l of this agreement whenever City determines that Center has failed
'to comply with any term of this agreement. City shall notify Center
in writing prior to the thirtieth (30th) day preceding the date of
'termination of such determination; the reasons for such termination;
the effective date of such termination; and in the case of partial
termination, the portion of the contract to be terminated.
B. Either of the parties to this agreement shall have the right to
terminate this agreement, in whole or in part, when both parties
agree that the continuation of the activities funded under this
agreement would not produce beneficial results commensurate with the
Further expenditure of funds; provided that both parties agree, in
writing, upon the termination conditions, including the effective
date of such termination; and in the case of partial termination, the
portion of the agreement to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs
first, Center shall cancel, withdraw, or otherwise terminate any
outstanding orders or subcontracts related to the performance of this
agreement or the part of this agreement to be terminated, and shall
cease to incur costs thereunder. City shall not be liable to Center
or to Center's creditors for costs incurred after termination of this
agreement.
D. Notwithsta7nding any exercise by City of its rights of suspension
under- Section 17 of this agreement, or of early termination pursuant
to this Section 18, Center shall not be relieved of any liability to
City for damages due to City by virtue of any breach of this
agreement by Center. City may withhold payments to Center until such
time as the exact amount of damages due to City from Center is agreed
upon or is otherwise determined.
SECTION 19. AUDIT
A. City reserves the right to conduct a financial and compliance audit
of funds received and performances rendered under this agreement.
Center agrees to permit City, the U.S. Department of Housing and
Urban Development, or their authorized representatives to audit
Center's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
B. Center understands and agrees it shall be liable to City for any
costs disallowed pursuant to financial and compliance audit(s) of
funds received under this agreement. Center further understands and
agrees that reimbursement to City of such disallowed costs shall be
paid by Center from funds which were not provided or otherwise made
available to Center under this agreement.
C. Center shall take such action to facilitate the performance of such
audit or audits conducted pursuant to this Section 19 as City or the
U.S. Department of Housing and Urban Development may require of
Center.
April 12, 1990
Page 266
SECTION 20. SPECIAL CONDITIONS
A. Use as an Emergency Shelter
I. Any building for which emergency shelter grant amounts are used
for one or more of the eligible activities described in 24 CFR
576.21 (a)(1) must be maintained as a shelter for the homeless
for not less than a three-year period, or for not less than a
10-year period if the grant amounts are used for major
rehabilitation or conversion of the building. Any building for
which emergency shelter grant amounts are used for eligible
activities described in 24 CFR 576.21(a)(2) or (a)(3) must be
maintained as a shelter for the homeless for the period during
which such assistance is provided. A substitute site or
shelter may be used during this period, so long as the same
general population is served. Using emergency shelter grant
amounts for eligible activities in 24 CFR 576.21 (a) (4) does
not trigger either the three- or ten-year period.
2. The three- and 10-year periods referred to in paragraph B(1) of
this section begin to run:
a) In the case of a building that was not operated as an
emergency shelter for the homeless before receipt of
grant amounts under this part, on the date of initial
occupancy as an emergency shelter for the homeless.
b) In the case of a building that was operated as an
emergency shelter before receipt of grant amounts under
this part, on the date that grant amounts are first
obligated to the shelter.
B. Building Standards
Any building for which emergency shelter grant amounts are used for
renovation, conversion, or major rehabilitation must meet local
government code, safety and sanitation standards.
C. Deadlines for Using Grant Amounts
Center shall expend all funds provided under this agreement by
January 30, 1991.
D. Religious Activities
Center shall ensure that activities performed under this agreement
shall be carried on in a manner free from religious influence.
SECTION 21. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this agreement
relating to the subject matter of this agreement that were made prior
to the execution of this agreement have been reduced to writing and
are contained in this agreement.
B. The attachments enumerated and denominated below are hereby made a
part of this agreement, and constitute promised performances by
Center in accordance with Section 2 of this agreement.
1. Exhibit A, Performance Statement, 1 page
i!. Exhibit B, Budget, 1 page
3. Exhibit C, Applicable Laws and Regulations, 2 pages
For purposes of determining venue and the law governing this agreement,
activities under this agreement are performed in the City and County of
Lubbock;, State of Texas.
This agreement contains the entire agreement of the parties; and no
representations, inducements or other covenants between the parties not
included herein shall be of any force or effect.
April 12, 1990
Page 267
IN WITNESS WHEREOF, the City and the Center have executed this
Agreement as of the first day above written.
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/_ sandy Ogletree
Sandy Ogletree
Community Development Administrator
APPRO►!ED AS TO FORM:
/s/ Rosanne Piatt
Assistant City Attorney
EXHIBITS FILED WITH RESOLUTION
90-49A--257-191
LUBBOCK REGIONAL MENTAL HEALTH
MENTAL RETARDATION CENTER
/s/ Lynn M. Clendon
CHAIRPERSON, BOARD OF DIRECTORS
ATTEST:
s Joe Rigsby
Secretary
s Gene Menefee
Executive Director
On January 11, 1990, the City Council approved the City
of Lubbock Application to the U.S. Department of
Housing and Urban Development for a $57,000 Emergency
Shelter Grant Program.
Lubbock Regional Mental Health and Mental Retardation
Center is scheduled to receive $23,500 for the
renovation of three shower rooms at the Midway facility
at 1601 Vanda.
The Midway facility is the only facility in Lubbock
that provides alcohol and drug treatment for
individuals with limited resources and last year served
591 individuals. Services are provided to males and
females, 18 years of age or older through the following
three residential units: Detox, Inpatient Treatment
and Intermediate Care.
This Agreement has been approved by the Lubbock
Regional MHMR Center Board of Directors. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #3342 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Resolution #3343 authorizing the -Mayor to
execute a Funding Agreement with _Women's Protective
Services of Lubbock Inc. for Emergency Shelter
Program.
RESOLUTION #3343
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Emergency
Shelter, Funding Agreement by and between the City of Lubbock and Women's
Protective Services of Lubbock, Inc., attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
April 12, 1990
Page 268
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 April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Sandy Ogletree /s/ Rosanne Piatt
Sandy Ogletree, Community Rosanne Piatt, Assistant
Development Administrator City Attorney
EMERGENCY SHELTER FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement is entered into this lath_ day of A rp l , 1990,
between the City of Lubbock, Texas, a home rule municipal corporation,
hereinafter called "City" and Women's Protective Services of Lubbock, Inc.,
a nonprofit corporation incorporated under the laws of the State of Texas,
hereinafter called "Corporation".
WITNESSETH:
WHEREAS, the City is obligated to d❑ and perform certain services in
its undertaking of an Emergency Shelter Grants Program pursuant to Subpart
B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub.
L.100-77); and
WHEREAS, the Corporation is a nonprofit Corporation offering services
to the homeless; and
WHEREAS, the Corporation and the services it provides have been found
to meet the criteria for funding under provisions 576.23(b) of the
Emergency Shelter Regulation for Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of
facilities for the homeless, provision of essential services for the
homeless, and the payment of maintenance, operation (excluding staff),
rent, repair, security, fuels, equipment, insurance, utilities and
furnishing, developing and implementing homeless prevention activities are
fundable by the Department of Housing and Urban Development; and
WHEREAS, the provision of shelter and services to the homeless is the
predominant purpose of the transaction; continuing supervision by the City
together with statutory and contractual requirements provide sufficient
assurance that this purpose will be accomplished; and an audit provides
sufficient protection of the handling of public money;
NOW THEREFORE, the City and Corporation do hereby mutually agree as
follows:
SECTION 1. AGREEMENT PERIOD
This agreement shall commence on April 12, 1990, and shall terminate on
January 30, 1991.
April 12, 1990
Page 269
SECTION 2. CORPORATION PERFORMANCE
Corporation shall conduct, in a satisfactory manner as determined by City,
an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of
the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77),
hereinafter referred to as the Act. Corporation shall perform all
activities in accordance with the terms of the Performance Statement,
hereinafter referred to as Exhibit A; the Budget, hereinafter referred to
as Exhibit B; the Applicable Laws and Regulations, hereinafter referred to
as Exhibit C; the assurances, certifications, and all other statements made
by Corporation in its application for the project funded under this
agreement; and with all other terms, provisions, and requirements set forth
in this agreement.
SECTION 3. CITY OBLIGATIONS
A. In consideration of full and satisfactory performance of the
activities referred to in Section 2 of this agreement, City shall be
'liable for actual and reasonable costs incurred by Corporation during
the agreement period for performances rendered under this agreement
by Corporation, subject to the limitations set forth in this Section
3.
.1. It is expressly understood and agreed by the parties hereto
that City's obligations under this Section 3 are contingent
upon the actual receipt of adequate federal funds to meet
City's liabilities under this agreement. If adequate funds are
not available to make payments under this agreement, City shall
notify Corporation in writing within a reasonable time after
such fact is determined. City shall terminate this agreement
and will not be liable for failure to make payments to
Corporation under this agreement.
;?. City shall not be liable to Corporation for any costs incurred
by Corporation, or any portions thereof, which have been paid
to Corporation or which are subject to payment to Corporation,
or which have been reimbursed to Corporation or which are
subject to reimbursement to Corporation by any source other
than City or Corporation.
3. City shall not be liable to Corporation for any costs incurred
by Corporation which are not allowable costs, as set forth in
Section 5(B) of this agreement.
it. City shall not be liable to Corporation for any costs incurred
by Corporation or for any performances rendered by Corporation
which are not strictly in accordance with the terms of this
agreement, including the terms of Exhibit A, Exhibit B, and
Exhibit C of this agreement.
5. City shall not be liable to Corporation for any costs incurred
by Corporation in the performance of this agreement which have
not been billed to City by Corporation within sixty (60) days
following termination of this agreement.
6. City shall not be liable for costs incurred or performances
rendered by Corporation before commencement of this agreement
or after termination of this agreement.
B. Corporation shall refund to City any sum of money which has been paid
to Corporation by City which City determines has resulted in
overpayment to Corporation, or which City determines has not been
spent by Corporation strictly in accordance with the terms of this
agreement. Such refund shall be made by Corporation to City within
thirty (30) working days after such refund is requested by City.
April 12, 1990
Page 270
C. Notwithstanding any other provision of this agreement, the total of
all payments and other obligations incurred by City under this
agreement shall not exceed the sum of Twenty Three Thousand Five
Hundred and no/100 Dollars ($23,500.00).
SECTION 4. METHOD OF PAYMENT
A. Corporation shall submit to City invoices for items purchased. City
shall determine the reasonableness of each purchase and shall not
make disbursement of any such payment until City has reviewed and
approved each purchase. Payment of approved purchases will be made
by the City directly to the supplier.
B. Notwithstanding the provisions of Section 4(A) of this agreement, it
is expressly understood and agreed by the parties hereto that
payments under this agreement are contingent upon Corporation's
full and satisfactory performance of its obligations under this
contract.
C. It is expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Section 4 or in any other
provision of this agreement shall not preclude the exercise of any
other, right or remedy under this agreement or under any provision of
law, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies. Failure
to exercise any right or remedy hereunder shall not constitute a
waiver of the right to exercise that or any other right or remedy at
any time.
SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Corporation shall comply with Office of Management and Budget {OMB}
Circulars Nos. A-110 and A-112.
B. 'The allowability of costs incurred for performances rendered
hereunder by Corporation shall be determined in accordance with OMB
Circular No. A-122. Notwithstanding any other provision of this
agreement, City shall only be liable to Corporation for costs
incurred or performances rendered for activities specified in 24 CFR
Sec. 576.21(a) (54 Fed Reg 46801 (November 7, 1989).)
SECTION 6. CORPORATION'S MATCH
A. Corporation shall be liable to City for providing an amount of funds
equal to the amount of funds provided by City under this agreement
for performances hereunder. Such funds must be provided from sources
other than under this agreement. This amount shall be referred to
hereinafter as Corporation's match.
B. Amounts may be counted toward Corporation's match only if such
amounts are costs or resources of a type specified by budget
categories delineated in Exhibit B and only if such amounts are
computed in accordance with this subsection. In calculating the
amount of Corporation's match, Corporation may include the value of
any donated material or building; the value of any lease on a
building; any salary paid to staff of Corporation in carrying out the
activities required under this agreement; and the time and services
contributed by volunteers to carry out such activities, determined at
the rate of $5 per hour. Corporation shall determine the value of
any donated material or building, or any lease using any method
reasonably calculated to establish a fair market value.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Corporation shall comply with the retention and custodial
requirements for records specified in Attachment C of OMB Circular
No. A-110.
April 12, 1990
Page 271
B. Corporation shall give the United States Department of Housing and
Urban Development, the Inspector General, the Comptroller General of
the United States, and City, or any of their duly authorized
representatives, access to and the right to examine all books,
accounts, records, reports, files, and other papers, things or
property belonging to or in use by Corporation pertaining to this
agreement. Such right shall continue as long as the records are
retained by Corporation.
SECTION 8. REPORTING REQUIREMENTS
A. Corporation shall submit to City such reports on the operation and
performance of this agreement as may be required by City including,
but riot limited to, the reports specified in this Section 8.
B. Corporation shall furnish City with monthly financial statements of
the project or services being funded under this agreement. Such
statements shall contain all the information as may be requested by
the Community Development Administrator regarding the performance of
the Corporation's activities.
C. Corporation shall submit to City an annual performance report. Such
reports shall be in a format prescribed by City and shall include the
amount of the funds obligated and expended for each of the four
categories of eligible activities described in
575.21(a)(1),(2),(3) and (4).
The initial annual performance report is required for the period
ending December 31 following the execution of this agreement, and is
due no later than 10 days after December 31. Corporation must
continue to submit this report annually until all emergency shelter
grant amounts are reported as expended.
D. In addition to the limitations on liability otherwise specified in
this agreement, it is expressly understood and agreed by the parties
hereto that if Corporation fails to submit to City in a timely and
:satisfactory manner any report required by this agreement, City may,
at its sole option and in its sole discretion, withhold any or all
payments otherwise due or requested by Corporation hereunder. If
City withholds such payments, it shall notify Corporation in writing
of its decision and the reasons therefor. Payments withheld pursuant
to thiis paragraph may be held by City until such time as the
delinquent obligations for which funds are withheld are fulfilled by
Corporation.
SECTION 9. MONITORING
City reserves the right to perform periodic on -site monitoring of
Corporation's compliance with the terms and conditions of this agreement,
and the adequacy and timeliness of Corporation's performances under this
agreement. After each monitoring visit, City shall provide Corporation
with a written report of the monitor's findings. If the monitoring report
notes deficiencies in Corporation's performances under the terms of this
agreement, the monitoring report shall include requirements for the timely
correction of such -deficiencies by Corporation. Failure by Corporation to
take action specified in the monitoring report may be cause for suspension
or termination of this agreement, as provided in Sections 17 and 18 of this
agreement.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is
contracting with Corporation as an Independent Contractor, and that
Corporation, as such, agrees to hold City harmless and to indemnify City
from and against any and all claims, demands, and causes of action of every
kind and character which may be asserted by any third party occurring or in
any way incident to, arising out of, or in connection with the services to
be performed by Corporation under this agreement, its use or occupancy of
the emergency shelter structure, or by the negligence of its agents or
employees. Corporation shall give to City prompt and timely written notice
April 12, 1990
Page 272
of any claim instituted which in any way, directly or indirectly,
contingently or otherwise, affects or might affect City, and City shall
have the right to compromise and defend same to the extent of its own
interests.
The Corporation shall not at any time or in any manner represent that it ❑r
any of its agents or employees are in any manner agents or employees of the
City.
SECTION 11. SUBCONTRACTS
A. Corporation shall only subcontract for performances described in this
agreement to which the federal labor standards requirements apply
after Corporation has submitted a Subcontractor Eligibility form, as
:specified by City, for each such approval, based on the information
submitted, of Corporation's intent to enter into such proposed
subcontract. Corporation, in subcontracting for any performances
described in this agreement, expressly understands that in entering
into such subcontracts, City is in no way liable to Corporation's
subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the
requiirement that Corporation obtain City's prior written approval of
a subcontractor's eligibility, be construed as relieving Corporation
of the responsibility for ensuring that the performances rendered
under all subcontracts are rendered so as to comply with all of the
terms of this agreement, as if such performances rendered were
rendered by Corporation.
C. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of Corporation's or subcontractor's
performance hereunder. City maintains the right to insist upon
Corporation's full compliance with the terms of this agreement, and
by the act of approval under this Section 11, City does not waive any
right of action which may exist or which may subsequently accrue to
City under this agreement.
D. Corporation shall comply with all applicable federal, state, and
local laws, regulations, and ordinances for making procurements under
this contract, including Circular No. A-110, Attachment 0 Procurement
Standards.
SECTION 12. CONFLICT OF INTEREST
In addition to the requirements of OMB Circular No. A-110 and 24 CFR Part
85, Corporation shall ensure that no person who is an employee, agent,
consultant, officer, or elected or appointed official of City or
Corporation, who exercises or has exercised any functions or
responsibilities with respect to activities performed pursuant to this
agreement, or who is in a position to participate in a decision making
process or gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the activity, or
have an interest in any contract, subcontract, or agreement with respect to
the activity or the proceeds of any contract, subcontract, agreement
related to the activity, either for himself or herself or those with whom
he or she has family or business ties, during his or her tenure or for one
year thereafter.
SECTION 13. LEGAL AUTHORITY
A. Corporation assures and guarantees that Corporation possesses the
legal authority to enter into this agreement to receive funds
authorized by this agreement, and to perform the services Corporation
has obligated itself to perform hereunder.
B. The person or persons signing and executing this agreement on behalf
of Corporation, or representing themselves as signing and executing
this agreement on behalf of Corporation, do hereby warrant and
guarantee that he, she or they have been duly authorized by
Corporation to execute this agreement on behalf of Corporation and to
April 12, 1990
Page 273
validly and legally bind Corporation to all terms, performances, and
provisions herein set forth.
C. City shall have the right to suspend or terminate this agreement if
there is a dispute as to the legal authority of either Corporation or
the person signing this agreement to enter into this agreement or to
render performances hereunder. Corporation is liable to City for any
money it has received from City for performance of the provisions of
this agreement if City has suspended or terminated this agreement for
reasons enumerated in this Section 13.
SECTION 14. LITIGATION AND CLAIMS
Corporation shall give City immediate notice in writing of 1) any action,
including any proceeding before an administrative agency, filed against
Corporation arising out of the performance of any subcontract hereunder;
and 2) any claim against Corporation, the cost and expense of which
Corporation may be entitled to have reimbursed by City. Except as
otherwise directed by City, Corporation shall furnish immediately to City
copies of all pertinent papers received by Corporation with respect to such
actions or claims.
SECTION 15. SECTARIAN ACTIVITY
None of the performances rendered by Corporation under this agreement shall
involve and no portion of the funds received by Corporation under this
agreement shall be used in support of any sectarian or religious activity,
nor shall any facilities used in the performance of this agreement be used
for sectarian instruction or as a place of religious worship.
SECTIO14 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement, any
alternations, additions, or deletions to the terms of this agreement
,shall be by amendment hereto in writing and executed by both parties
'to this agreement.
B. It is understood and agreed by the parties hereto that performances
under this agreement must be rendered in accordance with the Act, the
regulations promulgated under the Act, the assurances and
certifications made to City by Corporation, and the assurances and
certifications made to the United States Department of Housing and
Urban Development by the City with regard to the operation of the
Emergency Shelter Grants Program. Based on these considerations, and
-in order to ensure the legal and effective performance of this
agreement by both parties, it is agreed by the parties hereto that
the performances under this contract may be amended in the following
manner: City, on behalf of the Department of Housing and Urban
Development, may from time to time during the period of performance
of this agreement issue policy directives which serve to establish,
'interpret, or clarify performance requirements under this agreement.
Such policy directives shall be promulgated by the U.S. Department of
Housing and Urban Development, shall have the effect of qualifying
the terms of this agreement, and shall be binding upon Corporation,
as if written herein, provided however, that said policy directives
shall not alter the terms of this agreement so as to release City of
any obligation specified in Section 3 of this agreement to reimburse
costs incurred by Corporation prior to the effective date of said
policy directives.
C. Any alterations, additions, or deletions to the terms of this
agreement which are required by changes in Federal law or regulations
are automatically incorporated into this agreement without written
amendment hereto, and shall become effective on the date designated
by such law or regulation.
April 12, 1990
Page 274
SECTION 17. SUSPENSION
Notwithstanding the provisions of Texas Civil Statutes, Article 501f, in
the event that Corporation fails to comply with any term of this agreement,
City may, upon written notification to Corporation, suspend this agreement
in whole or in part and withhold further payments to Corporation, and
prohibit Corporation from incurring additional obligations of funds under
this agreement.
SECTION 18. TERMINATION
A. City shall have the right to terminate this agreement, in whole or in
hart, at any time before the date of completion specified in Section
I of this agreement whenever City determines that Corporation has
failed to comply with any term of this agreement. City shall notify
Corporation in writing prior to the thirtieth (30th) day preceding
the date of termination of such determination; the reasons for such
termination; the effective date of such termination; and in the case
of partial termination, the portion of the contract to be terminated.
B. Either of the parties to this agreement shall have the right to
terminate this agreement, in whole or in part, when both parties
agree that the continuation of the activities funded under this
agreement would not produce beneficial results commensurate with the
further expenditure of funds; provided that both parties agree, in
writing, upon the termination conditions, including the effective
date of such termination; and in the case of partial termination, the
portion of the agreement to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs
first, Corporation shall cancel, withdraw, or otherwise terminate any
outstanding orders or subcontracts related to the performance of this
agreement or the part of this agreement to be terminated, and shall
cease to incur costs thereunder. City shall not be liable to
Corporation or to Corporation's creditors for costs incurred after
termination of this agreement.
D. Notwithstanding any exercise by City of its rights of suspension
under Section 17 of this agreement, or of early termination pursuant
to thus Section 18, Corporation shall not be relieved of any
liability to City for damages due to City by virtue of any breach of
this agreement by Corporation. City may withhold payments to
Corporation until such time as the exact amount of damages due to
City from Corporation is agreed upon or is otherwise determined.
SECTION 19. AUDIT
A. City reserves the right to conduct a financial and compliance audit
of funds received and performances rendered under this agreement.
Corporation agrees to permit City, the U.S. Department of Housing and
Urban Development, or their authorized representatives to audit
Corporation's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
B. Corporation understands and agrees it shall be liable to City for any
costs disallowed pursuant to financial and compliance audit(s) of
funds received under this agreement. Corporation further understands
and agrees that reimbursement to City of such disallowed costs shall
be paid by Corporation from funds which were not provided or
otherwise made available to Corporation under this agreement.
C. Corporation shall take such action to facilitate the performance of
such audit or audits conducted pursuant to this Section 19 as City or
the U.S. Department of Housing and Urban Development may require of
Corporation.
April 12, 1990
Page 275
SECTION 20. SPECIAL CONDITIONS
A. Use as an Emergency Shelter
1. Any building for which emergency shelter grant amounts are used
for one or more of the eligible activities described in 24 CFR
575.21 (a)(1) must be maintained as a shelter for the homeless
for not less than a three-year period, or for not less than a
10-year period if the grant amounts are used for major
rehabilitation or conversion of the building. Any building for
which emergency shelter grant amounts are used for eligible
activities described in 24 CFR 575.21(a)(2) or (a)(3) must be
maintained as a shelter for the homeless for the period during
which such assistance is provided. A substitute site or
shelter may be used during this period, so long as the same
general population is served. Using emergency shelter grant
amounts for eligible activities in 24 CFR 575.21 (a) (4) does
not trigger either the three- or ten-year period.
2. The three- and 10-year periods referred to in paragraph A(1) of
this section begin to run:
a) In the case of a building that was not operated as an
emergency shelter for the homeless before receipt of
grant amounts under this part, on the date of initial
occupancy as an emergency shelter for the homeless.
b) In the case of a building that was operated as an
emergency shelter before receipt of grant amounts under
this part, on the date that grant amounts are first
obligated to the shelter.
B. Building Standards
Any building for which emergency shelter grant amounts are used for
renovation, conversion, or major rehabilitation must meet local
government code, safety and sanitation standards.
C. Deadlines for Using Grant Amounts
Corporation shall expend all funds provided under this agreement by
,January 30, 1991.
D. Religious Activities
Corporation shall ensure that activities performed under this
agreement shall be carried on in a manner free from religious
influence.
SECTION 21. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this agreement
relating to the subject matter of this agreement that were made prior
Ito the execution of this agreement have been reduced to writing and
are contained in this agreement.
B. The attachments enumerated and denominated below are hereby made a
part of this agreement, and constitute promised performances by
Corporation in accordance with Section 2 of this agreement.
1. Exhibit A, performance Statement, 1 page
?.. Exhibit B, Budget, 1 page
3 Exhibit C, Applicable Laws and Regulations, 2 pages
For purposes of determining venue and the law governing this agreement,
activities under this agreement are performed in the City and County of
Lubbock, State of Texas.
April I2, 1990
Page 276
This agreement contains the entire agreement of the parties; and no
representations, inducements or other covenants between the parties not
included herein shall be of any force or effect.
IN WITNESS WHEREOF, the City and the Corporation have executed this
Agreement as ❑f the first day above written.
CITY OF LUBBOCK
s B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Raniette Bo d
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ Sand;: Ogletree
Sandy Ogletree
Community Development Administrator
APPROVED AS TO FORM:
s Rosanne Piatt
Assistant City Attorney
WOMEN'S PROTECTIVE SERVICES OF
LUBBBOCK, INC.
/s/ Ruth Foreman
CHAIRPERSON, BOARD OF DIRECTORS
ATTEST:
ZsZ Sharon Thiel
Secretary
/s/ Executive Director
Executive Director
EXHIBIT A
PERFORMANCE STATEMENT
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
Corporation shall carry out the following activities as described in its
I990 Emergency Shelter Grant Program application:
Section 1. Renovation, Major Rehabilitation/Conversion
City shall provide a grant to Women's Protective Services for the sum ❑f
Twenty Three Thousand Five Hundred Dollars [$23,500.00] for the renovation
of their residential facility. Matching funds of Twenty Three Thousand
Five Hundred and NO/IOO Dollars ($23,500.00) shall be from the value of an
eight unit building.
EXHIBIT B FILED WITH RESOLUTION
EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act specified in Section 2 of this
agreement and with the rules and regulations promulgated thereunder at 24
C.F.R. Part 576 [53 Fed. Reg. 30I91 (August 10, 1988)], and any revisions
thereto; the OMB Circulars and the Management Standards specified in
Section 5 of this contract; Treasury Circular 1075 (31 C.F.R. part 205);
and with all other federal, state, and local laws and regulations
applicable to the activities and performances rendered by Contractor under
this contract including, but not limited to, the laws and the regulations
promulgated thereunder and specified in Section A through J of this Exhibit
C.
A. Nondiscrimination and Equal Opportunity
1. The requirements ❑f Title VIII ❑f the Civil Rights Act of 1968,
42 U.S.C. 3601 through 3620, and implementing regulations at 24
CFR part 100; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d through 20OOd-4) and
implementing regulations issued at 24 CFR Part 1;
A
C.
a
April 12, 1990
Page 277
2. The prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107)
and the prohibitions against discrimination against otherwise
qualified individuals with handicaps under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794);
3. The requirements of Executive Order 11246 and the regulations
issued under the Order at 41 CFR Chapter 60; and
-4. The requirements of Section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u (see 570.607(b) of
this chapter); and
15. The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with HUD's responsibilities under these Orders, the
corporation must make efforts to encourage the use of minority
and women's business enterprises in connection with activities
funded under this agreement.
15. The requirement that the recipient or grantee make known that
use of the facilities and services is available to all on a
nondiscriminatory basis. Where the procedures that a recipient
or grantee intends to use to make known the availability of the
E5G services are unlikely to reach persons with handicaps or
persons of any particular race, color, religion, sex or
national origin within their service area who may qualify for
such services, the recipient or grantee must establish
additional procedures that will ensure that these persons are
made aware of the facility and services. Grantees and
recipients must also adopt and implement procedures designed to
make available to interested persons information concerning the
existence and location of services and facilities that are
accessible to persons with a handicap.
Applicability of OMB Circulars
'The policies, guidelines and requirements of 24 CFR part 85 (codified
pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as
'they relate to the acceptance and use of emergency shelter grant
;amounts by states and units of general local government, and OMB
Circular Nos. A-110 and A-112 as they relate to the acceptance and
use of emergency shelter grant amounts by private nonprofit
organizations.
Lead -Based Paint
The requirements as applicable, of the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 through 4846) and implementing
regulations at 24 CFR Part 35. In addition, the grantee must also
meet the following requirements relating to inspection and abatement
of defective lead -based paint surfaces:
(1) Treatment of defective paint surfaces must be performed before
final inspection and approval of the renovation, rehabilitation
or conversion activity under this part; and
1(2) Appropriate action must be taken to protect shelter occupants
form the hazards associated with lead -based paint abatement
procedures.
Conflicts of Interest
In addition to conflict of interest requirements in OMB Circulars A-
102 and A-110, no person
1) who is an employee, agent, consultant, officer, or elected or
appointed official of the City or nonprofit recipient (or any
designated public agency) that receives emergency shelter grant
amounts and who exercises or has exercised any functions or
responsibilities to assisted activities or
April 12, 1990
Page 278
2) who is in a position to participate in a decision making
process or gain inside information with regard to such
activities may obtain a personal or financial interest or
benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds
thereunder, either for him or herself or those with whom he or
she has family or business ties, during his or her tenure or
for one year thereafter. (HUD may grant an exception to this
exclusion as provided in 570.611 (d) and (e).)
E. Use of Debarred, Suspended, or Ineligible Contractors
The provisions of 24 CFR Part 24 relating to the employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment,
suspension, or placement in ineligibility status.
F. (Flood Insurance
No site proposed on which renovation, major rehabilitation, or
conversion of a building is to be assisted under this part, may be
'located in an area that has been identified by the Federal Emergency
(Management Agency (FEMA) as having special flood hazards, unless the
community in which the area is situated is participating in the
(National Flood Insurance Program and the regulations thereunder (44
CFR Parts 59 through 79) or less than a year has passed since FEMA
notification regarding such hazards, and the corporation will ensure
that flood insurance on the structure is obtained in compliance with
section 102(a) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et. seq.).
G. Coastal Barriers
.In accordance with the Coastal Barrier Resources Act, 15 U.S.C. 3501,
no financial assistance under this part may be made available within
the Coastal Barrier Resources System.
H. Drug Free Workplace Act of 1988
Each recipient will maintain a drug free workplace in accordance with
the requirements of 24 CFR part 24, subpart F.
I. Audit
Private nonprofit organizations are subject to the audit requirements
of OMB Circular A-110.
J. Intergovernmental Review
The requirements of Executive Order 12372 and the regulations issued
under the order at 24 CFR, part 52, to the extent provided by Federal
Register notice in accordance with 24 CFR 52.3.
As part of the City's Emergency Shelter Grant
application submitted to the Department of Housing and
Urban Development, Women's Protective Services of
Lubbock, Inc. is scheduled to receive $23,500 for
renovation of their facility.
The funding will be used to rehabilitate the shelter's
kitchen area, including installation of additional
kitchen cabinets, a commercial grade dishwasher,
garbage disposal, and a steam table, removal of the
wall separating the kitchen and dining area, and the
upgrading of plumbing and electrical wiring.
90-49A- 279-192
(19.)
April 12, 1990
Page 279
Women's Protective Services provides emergency shelter
to battered adults and their children, and from
October, 1988 through November, 1989, provided the
1,708 residents 16,257 resident days of shelter and
48,771 resident meals.
This Agreement has been approved by Women's Protective
Services of Lubbock, Inc. Board ❑f Directors, and Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
Councilman Maloy to authorize Resolution #3343 as
recommended by Staff. Motion carried: 7 Yeas; 0
Block Grant Program Fiscal Year 1990.
RESOLUTION #3344
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
by
Hays.
'THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and
directed to execute and submit for the City ❑f Lubbock a Federal Rental
Rehabilitation Grant Program Application for the fiscal year 1990-91 and
related documents, which application attached herewith, 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 April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree_
Sandy Ogletree, Community
Development Administrator
APPLICATION FILED WITH RESOLUTION
Zs1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
jsj Rosanne Piatt
Rosanne Piatt, Assistant
City Attorney
RENTAL REHABILITATION PROGRAM
The City of Lubbock is applying for $117,000 from the Department of Housing
and Urban Development for the Rental Rehabilitation Program. This program
was authorized under Section 17 ❑f the United States Housing Act of 1937
which was enacted into law in Section 301 of the Housing and Urban -Rural
Recovery Act of 1983. The City of Lubbock is a direct grantee of the
program as based ❑n the funding formula as established by the regulations.
The following is a description of the program as designed by the City of
Lubbock.
I. PROGRAM OVERVIEW
The Rental Rehabilitation Grant Program will be utilized for the
rehabilitation ❑f real property to be used for primarily residential
rental purposes. It is proposed that approximately 14 units will be
assisted by this program.
April 12, 1990
Page
The objectives of the Rental Rehabilitation Program for the City of
Lubbock are:
To increase the stock of standard rental units for
low -to -moderate income tenants;
- to involve private sector lenders to a significant degree
in project financing;
- to limit public subsidy to only the amount necessary to
make a project feasible;
to avoid any rent controls and to have rehabilitated
properties rent for market rents as defined by the
public sector.
The City of Lubbock will provide assistance to rental property owners
to encourage the rehabilitation of property that might otherwise not
be economically feasible to repair.
'The Rental Rehabilitation program will be jointly conducted by the
City of Lubbock's Community Development Department and the Lubbock
Housing Authority. A Memorandum of Agreement which outlines the
willingness of the Lubbock Housing Authority to administer the
Section 8 Certificate Program in conjunction with the Rental
Rehabilitation Program is executed.
II. PROJECT FINANCING
Projects will be financed through a combination of rental
rehabilitation loan funds, private lender funds, and owner's equity.
'The amount of City funds provided will be determined after a review
of the project income/expense statement. The amount of rental
rehabilitation subsidy shall not exceed 50% of the total cost of the
rehabilitation and the amount of rental rehabilitation for any
project shall not exceed $5,000 per unit for efficiency units, $6,500
per unit for one -bedroom units, $7,500 per unit for two -bedroom
units, and $8,500 per unit for three or more -bedroom units.
The minimum public subsidy shall not be less than $2,000 per unit per
project. The loan amount from the private lender will be determined
by the lender using its own underwriting criteria.
"The City's loan will be structured as a no -interest deferred loan
which is forgivable at the end of ten years. If the property owner
does not comply with the guidelines of the program, the loan becomes
immediately due and payable. The following conditions must be met to
be in full compliance of the program:
a) The property must be maintained as a residential
property, which is leased or rented to members of
the public for residential purposes.
bj The property must be maintained in a safe and sanitary
condition and in compliance with all City of Lubbock
Building, Plumbing, Electrical and Mechanical Codes.
c] The property may not be converted to condominium
ownership or any form of cooperative ownership.
If each of these conditions is complied with for a period of ten
years, then the public subsidy loan will be forgiven.
A lien will be filed on each accepted project, and the conditions of
the Rental Rehabilitation Program will be reviewed annually for
compliance.
April 12, 1990
Page 281
III. ELIGIBLE REPAIRS
The rental rehabilitation loan may be used for repairs necessary to
meet the; a) basic health, safety, and fire standards contained in
the City of Lubbock's Building, Plumbing, Electrical, and Mechanical
Codes,, bj the Section 8 Housing Quality Standards, and cj the cost
effective energy requirements.
A limited amount of non -code but essential repairs, as defined in the
regulations 570.10 (g)[i](ii), will be allowed in rehabilitating the
structure.
IV. NEIGHBORHOOD SELECTION, NEIGHBORHOOD PRESERVATION_ AND LOWER
INCOME BENEFIT
The City of Lubbock's Planning Department Neighborhood Statistics
Data for the City is used to determine neighborhood selection. The
Neighborhood Statistics Program compiled information on the income,
racial, and housing characteristics of the neighborhoods.
'The target neighborhoods for the 1990791 Rental Rehabilitation
(Program reflect current neighborhood conditions. The area is limited
to neighborhoods where the neighborhood decline is calculated to meet
the low income requirements.
The City anticipates the impact of this program on neighborhood
preservation to be positive. During the preparation of the City's
Housing Assistance Plan, the lack of available decent, safe, and
sanitary units in the rental market became acutely apparent. This
(program will assist the City in its goal of stabilizing neighborhoods
and in increasing the number of available rental units.
Other factors which will be considered during the neighborhood
evaluation are: median income, median rent levels, the historical
trend) of the area, current and projected land use, and current
housing stock conditions. With each of these considerations, a rapid
increase in the rent levels in the selected neighborhoods is not
anticipated. A market analysis of targeted neighborhood will be
conducted which assesses the current rent structure and vacancy rates
in preliminarily selected neighborhoods. The neighborhood rental
rates, will be compared to Section 8 Fair Market Rents.
'The City is requesting a 70% lower benefit guideline. This guideline
will minimize displacement of existing tenants in projects to be
rehabilitated and will provide a reasonable margin of error during
project or neighborhood selection.
'To further insure the City's compliance with the lower income benefit
guideline, the City's project selection criteria will favor
properties that are occupied by Section 8 eligible tenants or
properties which are vacant at the time of applicant submission.
The City of Lubbock will require that the project applicant provide
information pertinent to the determination of Section 8 eligibility
for existing tenants. This information will be required upon
application to the Rental Rehabilitation program. This information
will be utilized during the evaluative process and to assist the City
in compliance with the lower income benefit guidelines. This
'Information will also be utilized in assessing the tenant for
inclusion in the Section 8 Certificate Program and in calculating
potential relocation benefits.
Potential tenants for the available or vacant rehabilitated units
will be selected from the City of Lubbock's Section 8 waiting list.
By definition, tenants selected from this list who are eligible for
Section 8 assistance will be lower income.
April 12, 1990
Page 282
Additionally, the City of Lubbock's project selection criteria will
place a higher priority on properties occupied by very low income
persons. The very low income guidelines is 50% of the City's median
income or below.
V. LARGE FAMILY AND VERY LOW INCOME EMPHASIS
The Rental Rehabilitation Program is placing a major emphasis on the
rehabilitation of units with two or more bedrooms. These larger
units are to be occupied by large families. The City of Lubbock will
encourage the rehabilitation of large family units by allocating only
20% of the Rental Rehabilitation Grant funds for one bedroom or zero
bedroom units.
The City of Lubbock's project selection criteria will place a higher
priority on properties occupied by very low income persons and those
properties which have two or more bedrooms.
VI. SELECTION OF PROJECTS
Each project will be reviewed according to criteria which includes
the following:
a) The project is consistent with the objectives of the
Rental Rehabilitation Program.
bj The private funds and owner's equity are sufficient to
complete the financing of the project.
cj The location of the project is consistent with the low
and very low income guidelines and is in a targeted
neighborhood.
dj The condition of the property is substandard, and it
can be rehabilitated to meet local codes with the
available financing, both public and private.
e) The level of displacement is minimal.
f) The project contains the targeted number of one and
two bedroom, or larger units.
The cash -flow analysis for each project will be completed to
determine the financial feasibility of the project and to minimize
the level of public subsidy required for each project. This is also
essential in evaluating the rent reasonableness after rehabilitation
of the unit.
The City of Lubbock's agreement with the selected property owners
will formalize the owner's agreement to comply with the program
guidelines. If the property is not maintained as originally
proposed, the City has the option of calling the lien due in full.
VII. IMPLEMENTATION SCHEDULE FOR -RENTAL REHABILITATION PROGRAM
Immediately following the grant agreement for the Rental
Rehabilitation Program, the City anticipates the following schedule
for the disbursement of the available funds.
Quarter % of Fund Committed
1 0%
2 10%
3 50%
4 100%
April 12, 1990
Page 283
VIII. OTHER PROGRAM REQUIREMENTS
The City of Lubbock will require all program participants to comply
with all applicable nondiscrimination, affirmative marketing and
equal opportunity requirements as required by the statute. These
requirements will be formalized in the agreement between the property
owner and the City of Lubbock.
IX. CONTACT PERSON
The local contact person is Sandy Ogletree, Community Development
Administrator, City of Lubbock, P. 0. Box 2000, Lubbock, Texas
79457. The telephone number is (806) 767-2290.
The local contact person for the Lubbock Housing Authority is D.C.
Fair, Executive Director, Lubbock Housing Authority, P. 0. Box 2568,
Lubbock, Texas. The telephone number is 762-1191.
CERTIFICATIONS FOR THE RENTAL REHABILITATION BLOCK GRANT PROGRAM
The City of Lubbock certifies that:
1. The submission of the program description is authorized under
State and local law (as applicable), and the grantee possesses
the legal authority to carry out the rental rehabilitation
program described therein, in accordance with this part;
2. Its rental rehabilitation program was developed after
consultation with the public and its description of program
activities referred to in paragraph (b) (1) of this section has
been made available to the public;
:3. If applicable, its lower income benefit standards should be
reduced to 70 percent, as provided by 511.10 (2) (2): this
certification will be accompanied by an explanation of the
reason why the reduced benefit standard is necessary, as
provided in 511.10 (a) (2);
4. A written tenant assistance policy conforming to the
requirements of 511.10 (h) (92) has been adopted;
5. It will conduct and administer its rental rehabilitation
program, and, if applicable, ensure that State recipients
conduct and administer their rental rehabilitation programs, in
conformity with the requirement of 511.10 (m);
6. It will comply with the Drug -Free Workplace requirements in
accordance with 24 CFR part 24, subpart F.
The City of Lubbock further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
Cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
April 12, 1990
Page 284
(3) The City shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
CITY OF LUBBOCK
RENTAL REHABILITATION PROGRAM
AFFIRMATIVE MARKETING POLICY
In receiving financial assistance under the Rental Rehabilitation Program,
owners must agree to participate in an Affirmative Marketing Plan.
Affirmative Marketing has two primary objectives:
1. Potential tenants from all racial, ethnic groups are informed
about available vacant rehabilitated units.
2. In particular persons, who are not likely to apply for this
housing without special outreach, are informed about the
rehabilitated units.
The Affirmative Marketing Plan is designed to promote the concept of fair
housing and to help eliminate any discrimination in housing because of
race, age, sex, or handicap.
I. Regui-rements for compliance with Affirmative Marketing.
a. All vacant units must carry the Equal Housing Opportunity Logo.
b. Any yard signs used to attract tenants should exhibit Equal
Housing Opportunity Logo.
C. Owners are encouraged to advertise units in other publications
such as the Thrifty Nickel, which is free to the public and
available at grocery and convenience stores.
II. Procedures to inform, and solicit applications from, persons in
Housing market area who are not likely to apply.
a. Vacancies will be reported t❑ the City's Housing Office to be
posted and made available to the public.
b. Owners are encouraged to list their vacancies with the rental
directory agencies frequently used by low to moderate income
familiies.
C. Owners should submit copies of published advertisements to be
reviewed for compliance with the Affirmative Marketing Plan.
III. Assessment of owner's efforts in Affirmative Marketing and corrective
actions for failure to participate.
a. Initial leasing ❑f all units will be monitored to assure that
at least 70%. of all units are initially occuped by low to
moderate income families and that Affirmative Marketing was
used. In those units leased to unassisted tenants, the Rental
Application Forms will be reviewed to determine the
effectiveness of advertisements and outreach attempts.
b. Each owner's Affirmative Marketing attempts will be assessed.
If a blatant disregard of the policies has been demonstrated,
the Community Development Department will refer the matter to
the City Attorney to be considered as a possible violation of
the Fair Housing Ordinance.
As a last resort, after counseling and continued lack of
compliance, an owner may be required to repay upon demand the
rental rehabilitation assistance received from the City.
April 12, 1990
Page 285
The City was allocated $117,000 for the Rental
Rehabilitation Block Grant Program which provides an
entitlement allocation for the rehabilitation of
privately -owned rental property, and which is designed
to increase the supply of standard housing units
affordable to low income families.
The allocation of $117,000 is expected to rehabilitate
at least 14 units and assist a similar number of
households with rental assistance through the voucher
program administered by the Lubbock Housing Authority.
The City's program provides a No -Interest Deferred Loan
which is secured by a lien on the property and is
forgivable at the end of ten years but is due and
payable if the terms of the agreement are violated.
The City subsidy is limited to 50% of the total
rehabilitation costs.
The City of Lubbock has received a total of $1,444,000
in Rental Rehabilitation funds over the last six years.
At this time S1,031,000 has been committed to assist in
the rehabilitation of 222 units, averaging $4,521 per
unit. The total public and private commitment to
rental rehabilitation is $2,008,000.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3344 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-285-193
(20.) Consider Ordinance #9349 establishing a 35 MPH speed
limit on 74th Street between University Avenue and
Elgin Avenue.
ORDINANCE #9349
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF' 74TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY 01: 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;
PROVID:NG THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
On March 5, 1990, one of the businesses located on 74th
Street between University Avenue and Elgin Avenue
requested that the Traffic Engineering Department
investigate the possibility of increasing the speed
limit along 74th Street. Inasmuch as this is a
commercial area and there are no residences located
along the street, it was the requestor's opinion that a
higher speed limit would be more practical. On March
8, 1990, Staff conducted a speed study on 74th Street
in accordance with procedures established by the State
Department of Highways and Public Transportation which
showed an 85th percentile speed ranging from 36 to 41
MPH for different times of the day and both directions
of travel. On the basis of this study, Staff
recommended that the speed limit be established at 35
MPH.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilwoman Trejo to pass on first reading Ordinance
#9349 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
April 12, 1990
Page 286
90-49A-286-194
(21.)
ORDINANCE #9350
AN ORDINANCE AMENDING SECTION 19-2(b)(2) OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, BY DELETING THE LUBBOCK GARDEN AND ARTS CENTER
FROM THOSE SELECTED PARK FACILITIES AT WHICH THE SALE AND/OR CONSUMPTION OF
ALCOHOL MAY' BE PERMITTED; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
90-49A--286-195
(22.)
On February 9, 1989, the City Council passed an
Ordinance allowing the sale and/or consumption of
alcohol at selected park facilities during specific
events. These facilities included Meadowbrook Golf
Course, Mackenzie Outdoor Center, the Fine Arts Center,
the Landwer House at Canyon Lakes #1, and the Lubbock
Garden and Arts Center.
During its regular meeting on March 22, 1990, Council
requested that reference to the Lubbock Garden and Arts
Center be deleted from the ordinance and that the sale
and/or consumption of alcohol at the Lubbock Garden and
Arts Center not be permitted. The only change to the
ordinance is the deletion of the words "Lubbock Garden
and Arts Center". Other provisions of the Ordinance
remain unchanged.
The revised ordinance which amends Sec. 19-2(b)-2 only
will now allow, during specific events, the sale and/or
consumption of alcohol at the following selected park
facilities:
1. Mackenzie Outdoor Center
2. The Fine Arts Center
3. The Landwer House at Canyon Lakes #1.
The sale/consumption of alcohol at Meadowbrook Golf
course is provided for in Section 19.2(1) and is not
included in this change.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to pass on first reading Ordinance
#9350 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3345
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 project
grant application to be submitted to the Federal Domestic Volunteer Agency,
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.
April 12, 1990
Page 287
Passed by the City Council this 12th day of April, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant
City Manager
GRANT APPLICATION FILED WITH RESOLUTION
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant
City Attorney
One of the 1989-90 budget objectives for the indoor
Recreation Department is to develop a Drug Watch
Program through the community centers. The staff,
after communicating with various Lubbock drug
prevention/treatment agencies, developed a community -
wide program to address drug matters and recommends
ACTION Minigrant for funding the program.
The program involves community education, agency
involvement, private sector support, and volunteerism.
In the October, 1990 LP&L billing, 65,000 brochures
will be distributed to households in Lubbock, and 7,000
more will be available at public places and to -
neighborhood watch captains throughout Lubbock. This
brochure will include information on how to identify a
drug problem within the home and community, the steps
to take to eliminate drug usage within the home and
community, how t❑ ❑rganize a community drug watch
group, and a referral number to further assist
individuals with substance abuse problems.
The City of Lubbock will provide meeting spaces in
community centers and party houses for neighborhood
drug watch meetings. The volunteers within the
neighborhoods will be assisted with their meetings by
speakers within the community who are qualified to
educate and help groups with specific substance abuse
problems. Emphasis will rest ❑n volunteer leaders
within neighborhoods to motivate the residents, secure
the meeting space, and identify the relevant topics for
the meetings.
This Drug Watch Program will be conducted in October
during the community -wide drug awareness program, Red
Ribbon Week. As the lead agency, the City of Lubbock
will organize the brochure distribution, the referral
telephone number (Information and Referral), and the
neighborhood meeting location and speakers.
Saint Mary of the Plains Hospital, Lubbock Power and
Light, and Texas Tech University have committed funding
support for the project, and the Lubbock Council on
Alcohol and Drug Abuse, Charter Plains Hospital,
Lubbock MHMR, and the Lubbock Police Department have
all pledged t❑ supply speakers at neighborhood
meetings.
This one-time grant will fund the cost of printing the
brochures and direct costs associated with the salary
and fringe benefits for a City staff member to coor-
dinate this program. The federal grant request is
$5,861.
April 12, 1990
Page288
The City of Lubbock's in -kind match ($3,779) includes
some clerical and part-time salaries, matching facility
rental for neighborhood meetings, and normal utility
and supply charges and do not involve cash allocations.
In addition, local corporate/agency donations will be
at least $850. The total one-time program will cost
$10,490.
The Resolution authorizes the Mayor to sign the
Contract and all subsequent documents related to
implementation of the grant.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3345 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-419A- 288-196
(23.) Consider Resolution #3346 authorizing acceptance of
water and sewer improvements for Tract "H", Kin.g.'s_ Gate
Addition.
RESOLUTION #3346
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT
"H", ICING'S GATE ADDITION.
WHEREAS, the developer of Tract "H", King's Gate Addition has com-
plied with the provision of the City of Lubbock Code, Chapter 28, Article
IV, by providing the water and sewer improvements for said addition in
accordance with paragraph 156 of said Chapter 28, and
WHEREAS, the total utility cost to the developer is $14,399.06 with
the improvements constructed by Craft Contracting Corp. having a value of
$9,782.96 as determined by the unit prices established by said Chapter 28,
and $4,616.101 cash paid to the City, including adjacent line costs of
$4,438.94, with First National Bank Lubbock, the developer to receive a
refund of $9,240.79 in accordance with Chapter 28 of the Code of the City
of Lubbock and a refund of deposit in the amount of $0.00, and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and specifica-
tions, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby accepted
as an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $9,240.79 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THIS resolution shall take effect and be in force from
and after its passage.
April 12, 1990
Page 289
PASSED AND APPROVED this 12th day of April, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Willford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fulli.ngim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $14,399.06, including value of
construction costs of $9,782.96 and $4,616.10 cash paid
to the City (including cost of adjacent lines of
$4,438.94). The developer, First National Bank -
Lubbock, will receive a refund of $9,240,79 in
accordance with Chapter 28 of the City of Lubbock Code.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to authorize Resolution #3346 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A- 289•-L97
(24.) Consider Resolution #3347 authorizing acceptance of
water and sewer improvements for Tract "B", West Chase
Addition.
RESOLUTION #3347
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT
"B", WIEST CHASE ADDITION.
WHEREAS, the developer of Tract "B", West Chase Addition has complied
with the provision of the City of Lubbock Code, Chapter 28, Article IV, by
providing the water and sewer improvements for said addition in accordance
with paragraph 156 of said Chapter 28, and
WHEREAS, the total utility cost to the developer is $32,724.22 with
the improvements constructed by Utility Contractors of America having a
value of $22,002.70 as determined by the unit prices established by said
Chapter 28, and $10,721.52 cash paid to the City, including adjacent line
costs of $10,233.94, with Haverty Furniture Co., Inc., the developer to
receive a refund of $14,310.82 in accordance with Chapter 28 of the Code of
the City of Lubbock and a refund of deposit in the amount of $0.00, and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and specifica-
tions, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby accepted
as an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $14,310.82 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
April 12, 1990
Page 290
SECTION 4. THIS resolution shall take effect and be in force from
and after its passage.
PASSED AND APPROVED this 12th day of April, 1990.
ATTEST:
/sj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $32,724.22, including value of
construction costs of $22,002.70 and $10,721.52 cash
paid to the City (including cost of adjacent lines of
$10,233.94). The developer, Haverty Furniture Co.,
Inc., will receive a refund of $14,310.82 in accordance
with Chapter 28 of the City of Lubbock Code.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to authorize Resolution #3347 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-48A.-290-1018
(25.) Consider Resolution #3348 authorizing the Mayor to sign
RESOLUTION #3348
WHEREAS, the City of Lubbock has been offered a contract from the
Texas Department of Community Affairs to administer a program to weatherize
the home of low income families in Lubbock County, and
WHEREAS, the City Council of the City of Lubbock believes it to be in
the best interest of the health, safety and welfare of the citizens of the
County of Lubbock to make it possible for low income families to conserve
energy and to reduce energy costs, NOW THEREFORE:
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 a contract and related documents with the Texas
Department of Community Affairs in the anticipated amount of $39,545 for
the period of April 1, 1990 through March 31, 1990. A copy of said
contract is attached hereto to be spread upon the minutes of the 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 April, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Vaughn Hendri e
Vaughn Hendrie, Director of
April 12, 1990
Page291
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant
City Attorney
CONTRACT AND RELATED DOCUMENTS FILED WITH RESOLUTION
The Texas Department of Community Affairs has offered
the City of Lubbock Community Services Department an
additional weatherization grant allocation of $39,545.
This money would allow weatherization assistance to
additional homes or services not permitted under the
basic weatherization grant as follows:
Energy -related structural repair work
such as repair of roofs, walls and
floors necessary to stop the inflow of
air into the residence, or
To provide repair, maintenance or
replacement of home heating and cooling
systems.
For several years, Staff have used Community
Development funds to replace open -flamed, unvented
heaters with safer ventilated heating units in homes
weatherized by the standard grant, and the additional
funds will allow repairs beyond what can be
accomplished by the weatherization funds to make homes
more airtight, up to $1,500 per dwelling.
This grant went into effect April 1 and will run
through March 31, 1991 and only 5.26% of the funds will
be for administrative costs. The balance is for direct
assistance to eligible homeowners.
Staff recommended approval of this Contract.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution 43348 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-48A--291-199
(26.) Consider Resolution 43349 authorizing the Mayor to sign
a Contract and related documents for 1990 Grant of the
Texas Department of Community Affairs .to aid the
homeless.
RESOLUTION 43349
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and
all related documents by and between the City of Lubbock and the Texas
Department of Community Affairs for services to homeless individuals during
the term of the Contract, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
April 12, 1990
Page 292
constitute and be a part of this Resolution as if fully copied herein in
the detail.
Passed by the City Council this 12th day of April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 B. C. McMinn _
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1Vaughn Hendrie Is1 Donald G. Vandiver
Vaughn Hendrie, Community Donald G. Vandiver, First
Relations Director Assistant City Attorney
CONTRACT AND RELATED DOCUMENTS FILED WITH RESOLUTION
The Texas Department of Community Affairs has offered
the City of Lubbock a second -year Contract in the
amount of $14,470 to assist the homeless in Lubbock
County. Most of the funding will provide direct
assistance in the form of rental assistance and food
vouchers. Rental assistance comes in two forms:
Preventing homelessness in the case of
five families who are in the process of
being evicted;
Eleven homeless families to be assisted
by providing up to three months rent to
find them a place to live.
Food vouchers to be provided to
approximately 150 homeless families.
Information and referral to other agencies will be
provided to an estimated 125 homeless individuals and
25% of the personnel cost of a homeless coordinator,
who is one of the City's neighborhood outreach workers
will come from other funds.
Staff recommended approval of this Contract.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3349 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-•292-200
(27.) Consider Resolution #3350 setting the salary .for _the
Presiding .fudge for the Municipal Court.
RESOLUTION #3350
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to establish a
salary for the upcoming term of office of the judge of Division One of the
Lubbock: Municipal Court; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the annual salary for the judge of the Municipal Court of Record
for the 1990-1992 term of office shall be as follows:
.fudge, Division One: $55,000 annual salary.
1
Passed by the City Council this 12th day of April, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
90-49A-293-201
April 12, 1990
Page 293
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver__
Donald G. Vandiver, First
Assistant City Attorney
According to State Law, prior to each Municipal Court
Judge election, the City Council is to set the salary
for that position. The current salary for the
presiding judge is $45,000 per year, set two years ago
at the beginning of the judge's current term.
Staff recommended that the salary be set at $55,000 per
year, beginning at the time the judge begins a new term
the first week after the election.
It was Staff's recommendation that this salary increase
be approved since it has been two years since the
salary was set, and it will be two years before Staff
may change the salary again.
With the elimination of the night court judge, that job
will be performed by part-time judges appointed by the
presiding judge. Judge Ken Johnson will meet with the
part-time judges to stay abreast of the night court
activity and to be sure that the court is performing
properly.
Staff recommended approval.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to authorize Resolution 43350 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(28.) Consider Resolution #3351 authorizing the Mayor to sign
an Agreement between the City of Lubbock and Texas Tech
Museum concerning funding for Lubbock Landmark Grand
Opening Celebration.
RESOLUTION #3351
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 Convention &
Tourism Promotion Activity Agreement by and between the City of Lubbock and
the Museum of Texas Tech University, 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.
April 12, 1990
Page 294
Passed by the City Council this 12th day of April, 1990.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita P. Harmon
Rita P. Harmon, Assistant City
Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s1 Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Contract No. MU530
CONVENTION & TOURISM PROMOTION
ACTIVITY AGREEMENT
LUBBOCK LAKE NATIONAL ARCHAEOLOGICAL LANDMARK
THIS AGREEMENT is entered into by and between the City of Lubbock,
herein called "City", and The Museum of Texas Tech University, herein
called "Museum".
WITNESSETH:
WHEREAS, the City has heretofore adopted a hotel -motel room occupancy
tax pursuant to V.T.C.A., Tax Code Chapter 351, for the purpose of
providing funds for the enhancement and promotion of conventions and
tourism in Lubbock; and
WHEREAS, 1990 marks the opening of a new multi -million dollar research
and interpretation facility at the Lubbock Lake Landmark and State Historic
Park; and
WHEREAS, to celebrate and publicize these events, a week-long series
of events have been planned for October 14 through October 21, 1990, by the
Museum and the Lubbock Lakesite Committee; and
WHEREAS, it is anticipated that some 5,700 persons from throughout the
United States will visit during the week of October 14 to October 21, 1990,
and perhaps as many as 200,000 visitors will visit the Landmark annually
hereafter; and
WHEREAS, the Museum has requested that the City of Lubbock participate
in the funding of certain costs related to the advertising of such event
nation --wide, including the printing of brochures, flyers, announcements and
posters; and postage costs for said printed materials; and
WHEREAS, the City Council of the City of Lubbock has determined that
such activities by the Museum and the Lubbock Lakesite Committee will be a
significant activity in the attraction of tourists and visitors to the City
of Lubbock both during the event and thereafter; and
WHEREAS, the City is authorized by statute to select and contract with
organizations in the performance of activities such as these promoting
conventions and tourism for the City of Lubbock; NOW THEREFORE:
THE PARTIES hereto do agree as follows:
THAT the City will, and does hereby allocate and agree to provide
$7,716.97 to the Museum for use in accordance with this Agreement and the
letter from Mr. Gary Edson, director of the Museum, dated March 8, 1990,
which is attached hereto as Exhibit A; and
THAT the money will only be used or
purposes stated herein and in Exhibit A
postage for printed materials promoting
the Lubbock Lake National Archeological
and
April 12, 1990
Page295
disbursed by the Museum for those
hereto pertaining to printing and
said opening of new facilities at
Landmark and State Historic Park;
THAT following receipt and disbursement of the funds provided for by
this Agreement, the Museum shall furnish the City, within thirty (30) days
following the October event, a fnal report as to expenditure of said funds
and including evidence that such disbursements were in accordance with this
Agreement; and
THAT such final report shall indicate the number of visitors attending
the event celebrating completion of new facilities at the Landmark during
the week of October 14 to October 21, 1990.
EXECUTED this 12th day of April, 1990.
TEXAS TECH UNIVERSITY
THE MUSEUM:
/s/ Max C. Tomlinson
Max C. Tomlinson
Associate Vice President for
Business Affairs & Comptroller
EXHIBIT A FILED WITH RESOLUTION
CITY OF LUBBOCK:
/s/ B. C. McMinn B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant City
Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
On May 25, 1989, the City Council approved an Agreement
between the City of Lubbock and the Museum of Texas
Tech University whereby the City of Lubbock agreed to
provide $12,500 from the Hotel/Motel Tax Revenue Fund
to the Museum for use in promoting the 50th Anniversary
of the initial excavations at the landmark and to
commemorate the opening of the new multi -million dollar
Research and Interpretation Facility at the Lubbock
Lake Landmark and State Historic Park. Funds were to
be used to publicize a week long series of events which
were anticipated to attract some 5,700 people from
throughout the United States.
The City Council agreed to participate in the funding
of certain costs related to advertising, printing of
brochures, flyers, announcements and posters, and also
to provide for payment of postage costs for the above.
Due to unforeseen circumstances, the Texas Tech Museum
was forced to postpone the grand opening celebration of
the new multi -million dollar Research and
Interpretation Facility, and the majority of the public
activities were rescheduled to October, 1990. When
the decisions regarding the change in the public
activities were finalized, the funds remaining
($7,716.97) from the City allocation (of $12,500) were
April 12, 1990
Page 296
90-49A•-296.202
[29.%
returned to the City of Lubbock, and Texas Tech
University Museum was instructed to request the money
again when the remaining funds were required for the
1990 activities.
A letter dated March 8, 1990, from Mr. Gary Edson,
Director of the Texas Tech University Museum, includes
a Schedule of Events and also requests reinstatement of
City support for the celebration week. The breakdown
is as follows:
Printing $1,869.09
Postage $1,547.88
Publicity $4,000.00
Poster 30$0.00
Total Request: $7,716.97
Staff recommended that this new Agreement be approved.
Following the event, TTU will be required to submit a
list of all expenditures and document the number of
visitors attending the functions. The provisions of
this proposed 1990 Agreement are essentially the same
as those contained in the 1989 Agreement, except for
the amount of money.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3351 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
sections.
ORDINANCE #9351
AN ORDINANCE AMENDING ARTICLE XVI DF CHAPTER 2 OF THE CODE OF ORDI-
NANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE BOARD OF CITY
DEVELOPMENT BY AMENDING THE BOARD'S DUTIES TO COMPLY WITH CURRENT STATE
LAWS AND BY REPEALING CERTAIN SECTIONS DF THE ARTICLE WHICH ARE NO LONGER
NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance reflects the needed amendments as a
result of a 1989 State Law impacting the City's
economic development efforts. The new State law, which
made substantial changes superseding the City Charter,
was discussed with City Council at the previous work
session.
The phrase "without the approval of Council", had been
deleted from Page 2, Sec. 5 of the ordinance as per
instructions from the previous City Council Meeting.
During discussion in the work session preceding this
meeting, it was consensus of Council that the phrase
"without the approval of Council" also be deleted from
Page 2, Sec. 6 and that the phrase "or two of the
officers" be added to Page 3, Sec. 9.
Motion was made by Councilman Carpenter, seconded by
Councilwoman Trejo to pass on first reading Ordinance
#9351 as amended by Council in work session. Motion
carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 297
(13.) Hold a Public Hearin to discuss the regulations of
private on -site sewage facilities.
90-49A-297-203
(14.)
ORDINANCE #9352
ORDINANCE ADOPTING RULES OF THE CITY OF LUBBOCK, TEXAS FOR PRIVATE
SEWAGE FACILITIES
The 70th Legislature passed House Bill 1875 and House
Bill 1647 consolidating the regulation of all "On -Site
Sewerage Facilities" under the Texas Department of
Health which requires that the Texas Department of
Health promulgate and implement rules relating to on -
site sewerage facilities. The "Construction Standards
for On -Site Sewerage Facilities" applies to all areas
of Texas. The City may make the rules more stringent
but not less stringent. These rules require that
municipalities adopt the "Construction Standards for
On -Site Sewerage Facilities" and designate a Special
Hearing Examiner.
The Board of Health held a public hearing on March 8,
1990 at 7:30 p.m., and no one attended that hearing.
This recommended Ordinance amending Chapter 12 of the
City of Lubbock Code of Ordinances, by adding a new
Article X, places the City in compliance with State of
Texas law by adopting "Construction Standards for On -
Site Sewerage Facilities."
Significant changes in the City Code are as follows:
1. If the residence is served by a well,
then the minimum lot size is one acre
and the well cannot be closer than 150
feet to the private sewerage disposal
system.
2. The Texas law requires that only
Registered Installers can install a
septic tank. All Registered Installers
have completed a Texas Department of
Health course, and are knowledgeable of
the construction standards required by
the State.
3. An off -site toilet must be provided if
three or more employees are assigned to
an area where a water flush toilet is
not located within 200 feet of the work
site.
4. One off -site toilet for every 50 people
of each sex must be provided at public
gatherings where water flush toilets
are not provided within 200 feet. The
toilets cannot be located closer than
20 feet to an occupied premise nor
within 10 feet of a public thoroughfare
or sidewalk.
April 12, 1990
Page 29 T
Installers are knowledgeable of the requirements, and
many contractors already provide off -site toilet
facilities for remote working sites. Staff recommended
Council approval.
Mayor McMinn opened the hearing at 10:30 a.m.
No one appeared either for or against this item, and
Mayor McMinn closed the hearing at 10:31 a.m.
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to pass on first reading Ordinance
#9352 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Mayor McMinn announced that the Texland request for hearing on a drilling
permit had been withdrawn.
90-49A-- 298-204
(30.) BID #10616--Miscellaneous Water Utility items (Central
Warehouse).
A&P Water & Sewer Supplies, Odessa--18 ea. safety
thimble; 120 2" brass meter flange.
Western Industrial Supply--20 ea. 1" flexible coupling;
10 ea. 1-1/2" flexible coupling; 2 ea. 16" cast
coupling; 10 ea. 12X3/4 CC service saddle; 2 ea. 8X20
repair clamp; 2 ea. 18" cl dresser coupling; 2 ea. 16"
repair clamps for AC pipe; 3 ea. 6" dresser coupling
for steel pipe.
Rohan Co.--2 ea. 8" MJ to Flg gate valve.
Oberkampf of Lubbock--10 ea. operating nut; 4 ea. 12"
Cl push in plug; 2 ea. 8X16 MJ reducer.
Clowe & Cowan--4 ea. 8X8 MJ topping sleeve for AC pipe.
Morrison Supply Co.--20 ea. 1" 2-part union.
Fields & Co.--2,040' 1" type K copper pipe.
Moore Supply Co.--8 ea. 3X3 repair clamp; 2 ea. 16X2"
IPT service saddle; 20 ea. 2-1/2" flexible coupling; 25
ea. nozzle gasket; 5 ea. 8" 22-1/2 deg. CI WM bend; 1
ea. 16X16 flg. tapping sleeve for AC pipe; 14 ea. 8" MJ
gate valve.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A- 298-205
(31.) BID #10608--Chatman Hill landscaping, and authorize
same (Community Development).
11*1410111i[I]i J%1911?�
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 Mize Engineering & Development, Inc.
for the Chatman Hill landscaping for Community Development, attached
herewith, which shall be spread upon the minutes of the Council and as
April 12, 1990
Page 299
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 ❑f April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEAS
COUNTY OF LUBBOCK
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 12th day of April, 1990 by
and between the City of Lubbock, County of Lubbock, State of Texas, acting
by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter- referred to as OWNER, and Mize Engineering & Development, Inc.
of the City of Lubbock, County of Lubbock, and the State of Texas,
hereinlafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinlafter 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. 10608 - CHATMAN HILL LANDSCAPING FOR THE AMOUNT OF
$21,000.00
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 t❑ commence work within ten days after
the date written notice t❑ do s❑ 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 ❑f this 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.
April 12, 1990
Page 300
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/sZ Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Mize Engineering & Development, Inc.
P.O. Box 64812
Lubbock, Texas 79464
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sZ_Har 1 Willard
Harold Willard, Assistant City
MIZE ENGINEERING & DEVELOPMENT, INC.
CONTRACTOR
By: /
TITLE: President
ATTEST:
5
Secretary
Mize Engineering & Development, Inc. --Furnish and
install irrigation and plant material for Chatman Hill.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3352 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A--300-206
(32.) BID#10592--Vehicles (Central Garage}_.
Pollard Ford--1 ea. cab and chassis 14500 GVWR Spec.
507.
Underground, Inc., Pearland--1 ea. cleaning/vacuum unit
Spec. 726.
Baker Equipment, Edmond, OK--1 ea. sewer cleaner Spec.
725.
Gene Messer--2 ea. pickup 3/4 ton 4X4 Spec. 312; 1 ea.
pickup 3/4 ton 4X4 Spec. 312; 1 ea. cab and chassis
32000 GVWR Spec. 616; 1 ea. cab and chassis 56000 GVWR
Spec. 620.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-300-207
(33.) BID _#10585 Annual pricing for joint sealing compound
(Streets)
Lubbock Building Productions--3,000 gal. hot pour joint
sealing compound.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 301
90-49A- 301-208
(34.) BID #10549--H.V.A.C. Equipment Maintenance Contract,
and authorize same (Auditorium -Coliseum).
RESOLUTION #3353
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 Honeywell, Inc. for H.V.A.C. Equipment
Maintenance. Contract for the Auditorium/Coliseum, 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 April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS. TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 12th day of April, 1990 by
and between the City of Lubbock, County of Lubbock, State of Texas, acting
by and through B.C. McMinn, Mayor, thereunto authorized to d❑ so,
hereinafter- referred to as OWNER, and Honeywell, 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
conditiions 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. 10549 - H.V.A.C. EQUIPMENT MAINTENANCE CONTRACT FOR AUDITORIUM/
COLISEUM FOR THE AMOUNT OF $68,040.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do s❑ shall have been given to him and to
substaritially 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
April 12, 1990
Page 302
therefore, subject to additions and deductions, as provided in the contract
documents and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
IsZ Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Honeywell, Inc.
1622 6ith Street
Lubbock, Texas 79401
90-49A-. 302-209
/s/ R. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsZ Harold Willard
Harold Willard, Assistant City
HONEYWELL, INC.
CONTRACTOR
By: Is/ Michael Toma
TITLE: Manager
ATTEST:
/s1 Marcia Porter
Secretary
Honeywell, Inc. --Two-year maintenance contract.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3353 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(35.) BID #10620--Miscellaneous electrical items (Central
Warehouse).
Graybar Electric Co., Amarillo--750 lb #2 Soft drawn
bare copper.
Nelson Electric Supply--200 ea. 477 MCM compression
terminal; 600 ea. #12 solid copper sleeve; 100 ea. high
voltage tape; 30,000' 4/0 single conductor cable out of
pipe.
Temple, Inc.--100 ea. 4/0 200 AMP 15 KV elbow; 100 ea.
1"X10" anchor rod; 50 ea. 1/0 477 dead end strain
clamp; 200 pr. 26" cross arm brace; 30,000' 500 MCM 15
KV single conductor copper; 30,000' #4 Triplex service
drop; 65,000 lb. #477 ACSR bare wire.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 303
90-49A-303-21G
(36.) BID #10619--Turbiditymonitorin a ui ment Water
Treatment].
Hach, Loveland, CO.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-303-211
(37.) BID #10618--Annual pricing for aerial spraying service
(Land Application).
Walker Spraying & Fertilizer, Smyer--Ground application
1 gallon of chemical solution per acre; ground
application 3 gallons of chemical solution per acre;
ground application 5 gallons of chemical solution per
acre; ground application 10 gallons of chemical
solution per acre.
Gregg Aerial Service, Inc., Ropesville--Aerial
application 1 gallon of chemical solution per acre;
aerial application 3 gallons of chemical solution per
acre; aerial application 5 gallons of chemical solution
per acre.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-3.03-212
(38.) BID #10587 - Terminal Storage Reservoir, and authorize
same (Water —Utilities).
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to reject bids. Motion carried:
6 Yeas; 1 Nays --Councilman Carpenter.
90-49A-303-213
(39.) BID #10565--Municipal Building improvements, and
authorize same (Building Services).
RESOLUTION #3354
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF 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 & Meador for Municipal
Building Improvements, attached herewith, which shall be spread upon the
minutest 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.
April 12, 1990
Page 304
Passed by the City Council this 12th day of April, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
ZsZ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 12th day of April, 1990 by
and (between the City of Lubbock, County of Lubbock, State of Texas, acting
by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Knox, Gailey & Meador, Inc. of the
City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNIESSETH: 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. 10566 - MUNICIPAL BUILDING IMPROVEMENTS FOR THE AMOUNT OF
$137,219.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to
substantially complete same within the time specified in the contract
docurnents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the contract
documents and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ ,ene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR'
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
KNOX, GAILEY & MEADOR
CONTRACTOR
By: /s/
TITLE:
ATTEST:
s
Secretary
COMPLETE ADDRESS:
Knox, Gailey & Meador, Inc.
P.D. Box 5736
Lubbock, Texas 79417
April 12, 1990
Page 305
Knox, Gailey & Meador, Inc. --Legal Library expansion,
Accounting PCMF Archives & Training Room.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3354 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A30.5-214
(40.f BID #1058fi--Annual pricing for tires (Ce_ntral
Warehouse).
Firestone Master Care Center--20 ea. Tire 7.5OX16 8-ply
M&S tube type; 20 ea. tire 11Lx15 8-ply rib implement
tube type; 10 ea. tire 9.5016.5 10-ply M&S; 20 ea.
tire 7.5OX16 LT 4-ply M&S; 10 ea. tube 7.50X15; 10 ea.
tire 4.80X12 RIB 4-ply.
McWhorters Inc. & Tire Service--40 ea. tire P225/75R15
A/S; 10 ea. tire P155/80R13 A/S; 50 ea. tire P185/75R14
A/S; 30 ea. tire P205/75R14; 30 ea. tire P205/75R15 A/S
(tie bid on this item with Woody Tire Co. awarded by
drawing by Councilwoman Trejo to McWhorters Inc.); 10
ea. tire P225/75R15 A/S; 10 ea. Tire P205/75R14 A/S; 20
ea. 4.80/4.00x12 tubes; 10 ea. Tire 11.00 Rx22.5 14-Ply
M&S.
A to 2 Battery & Tire Service--270 ea. Tire 10.00 x 20
12-Ply M&S tube type; 10 ea. Tire 23.5 x 25 12-Ply E2;
10 ea Tire 23.5 x 25 16-Ply E2; 10 ea Tire 16.9 x 24
10-Ply nylon or polyester, tractor tread; 10 ea Tire
6.00 x 16 3 rib tube type; 230 ea Tire P235/75R15 A/S;
10 ea. Tire 14.00 x 24 G2 tube type 12-Ply; 10 ea Tire
29.5 x 25 E3 L3 Super Rock Grip 28-Ply; 10 ea Tire 9.5L
x 15 8-Ply rib implement tube type; 10 ea Tube 8.25 x
20; 20 ea. Tube 10.00R20 Radial; 940 ea. Tube 10.00R20
Radial; 10 ea. Tire LT30 x 950R15 6-PLY A/S.
York Discount Tire Co.--10 ea. Tire P215/75R14 A/S; 20
ea. Tire 10.00 Rx20 14-Ply Hwy Radial; 10 ea. Tire
10.00 Rx20 14-Ply M&S Radial; 10 ea. Tire P235/75R15
A/S; 40 ea Tire 11.00Rx2O 12-Ply M&S Radial; 30 ea.
Tire 11.00 Rx20 12-Ply Hwy Radial; 10 ea. Tire
P235/70R15 Pursuit BW Steel Belted; 70 ea. Tube 9.00 x
20; 20 ea. Tube 7.50 x 20; 10 ea Tube 5.70 x 8; 10 ea.
Tire 11L x 16 8-Ply Rib Implement; 20 ea. Tire 11.00R x
22.5 14-Ply Hwy Radial
Brown Tire & M M Service--10 ea. Tire 8.25 x 20 20-Ply
Hwy; 10 ea. Tire P215/70R15 Pursuit BW Steel Belted;
560 Ea. Tire P225/70R15 Pursuit BW Steel Belted; 120
Ea. Tube 7.50 x 16 TR-150 Long Stem; 50 Ea. Tube 13.00-
14.00x24; 10 EA. Tube 6.00x 16; 30 Ea. Tire 13.00x24 G2
10-Ply tube type.
April 12, 1990
Page 306
Woody Tire Co.--100 Ea. Tire P195/75R14 8-Ply A/S; 10
Ea. P225/75D15 4-Ply M&S;200 Ea. Tire 7.50x2O 10-Ply
M&S Tube Type; 10 Ea. Tire 8.25x2O 10-Ply M&S Tube
Type; 40 Ea. Tire 9.00x2O 10-Ply Hwy Tube Type; 40 Ea.
Tire 10.00x20 12-Ply Hwy Tube Type; 10 Ea. Tire
P195/75R15 6-Ply Hwy; 10 Ea. Tire P195/75R14 6-Ply M&S;
10 Ea. Tire 7.5Ox2O 10-Ply M&S; 20 Ea. Tire 7.50x16 8-
Ply Hwy; 20 Ea. Tire 8.75x16.5 8-Ply Hwy; 20 Ea. Tire
8.75x16.5 8-Ply M&S; 20 Ea. Tire P215/75R15 A/S; 30 Ea.
Tire LT235/75R15 6-Ply A/S; 10 Ea. Tire 9.50x16.5 10-
Ply Hwy; 30 Ea. Tire 7.50x16 8-Ply Hwy Tube Type; 40
ea. Tire LT215/85R16 8-ply hwy.; 40 ea. Tire
LT235/85R16 8-ply Hwy.; 20 ea. Tire LT235/85R16 8-ply
M&S; 20 ea. Tire 9.o0X20 12-ply Hwy.; 20 ea. Tire
LT225/75R16 8-ply A/S traction; 10 ea. Tire 235/8OR22.5
14-ply A/S; 10 ea. Tire LT225/75R16 8-ply A/S traction.
Kawasaki/Suzuki Good Times--20 ea. Tire MR90X18M-C
K327.
Graves Harley Davidson/BMW--20 ea. Tire, MM90X19 M/C
front police pursuit K-327; 20 ea. Tire MT90X16 M/C
rear police pursuit D K-327.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications and on drawing by Councilwoman Trejo,
awarding tie bid item 32 (30 ea. Tire P205/75R15 A/S)
to McWhorter's Inc. Motion carried: 7 Yeas; 0 Nays.
90-49A•- 306-9.15
(41.) BID #10597--Pesticides (Parks and Recreation).
Kitten Fertilizer, Inc., Slaton--25 gl. Hyvar XL.
B&G Chemical, Dallas--10 lb. Avitrol 200; 550 gl.
Cythion 91%; 200 gl. Bacillus Thuringiensis.
Great Plains Chemical--4 ea. Expedite herbicide 5 liter
cont.; 1 ea. Expedite cleaner 5 liter cant.; 1 ea.
Expedite application lance; 120 gl. Phytar 560; 250 gl.
Dormant oil; 8 gl. safer insecticidal concentrate; 4
gl. Funginix; 10 gl. Banner (tie bid on this item with
Helena Chem. Co. awarded by drawing by Mayor Pro Tem
Baker to Great Plains Chemical); 25 gl. Blazon blue
turf colorant; 30 lb. Sencor 75; 500 lb. Dyclomac 46
(tie bid on this item with Helena Chem. Co. awarded by
drawing by Mayor Pro Tem Baker to Great Plains
Chemical); 25 lb. Amdro; 20 lb. Turcam WP; 45 lb.
Gopher balt; 250 gl. Lannate L.
Tri State Chemicals, Inc., Brownfield--9 ea. Fumitoxin
flask; 20 gl. Diquat H/A; 20 gl. Spray aide; 200 lb.
Furadan 106; 1 cs. Talon-G.
Helena Chem. Co.--30 ea. Campaign; 5 gl. Triumph; 1,000
lb. Pramitol 5PS; 160 lb. Oftanol 56; 200 lb. Dy-syston
15G; 25 lb. Orthene 755.
Lesco Products, Rocky River, OH--75 gl. Trimec; 8 gl.
Trimec bentgrass formula; 1 gl. Pentac aquaflow; 144
lb. fore.
Van Waters & Rogers, Inc., Dallas--8 gl. Nalcotrol I; 4
gl. Nalcotrol II.
Chem. Turf & Specialty Co., Dallas--3 ea. ACME spread
rite G applicator; 33 lb. Bayleton 25; 100 lb. Rubigan
50W.
90-49A.-301-216
(42.)
April 12, 1990
Page 307
Rio Grande Chem. & Supply, E1 Paso--10 ea. Tempo 2. 500
ml. cant.
Esco Distributors--30 gl. Rodeo; 30 gl. Arsenal; 50 gl.
Cythion 57%; 1 gl. Maverick aquaflow.
Public Health Equip. & Supply, San Antonio--20 gl.
Arosurf MSF.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize low bids meeting
specifications and on drawing by Mayor Pro Tem Baker,
awarding tie bid items 22 and 29 to Great Plains
Chemical. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3355
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 Utility Contractors of America, Inc.
for the Franklin Estates Area installation of water and sewer lines for
Community Development, 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 April, 1990.
ATTEST:
s Rariette Bo d
Ranette Boyd, City Secretary
APPROV17D AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 12th day of April, 1990 by
and between the City of Lubbock, County of Lubbock, State of Texas, acting
by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Utility Contractors of America, Inc.
❑f 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:
April 12, 1990
Page 308
BID NO. 10604 - FRANKLIN ESTATES AREA INSTALLATION OF WATER & SEWER
LINES FOR THE AMOUNT OF $27,862.50
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 CO":TRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to
substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the contract
documents and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST:
s Ranette Boyd
City Secretary
APPROVED AS. TO CONTENT:
ZsZ Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Utility Contractors of America, Inc.
5520 Brownfield Highway
Lubbock, Texas 79407
CITY OF LUBBOCK, TEXAS (OWNER)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
js1 Harold Willard
Harold Willard, Assistant City
UTILITY CONTRACTORS
CONTRACTOR
By: /SZ
TITLE:
ATTEST:
s
Secretary
OF AMERICA, INC.
Utility Contractors of America, Inc. --Furnish and
install sewer and water lines in Franklin Estates Area.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to authorize Resolution #3355 as
recommended by Staff. Motion carried: 1 Yeas; 0 Nays.
(43.) Hold an Executive Session on personnel matters to
discuss appointments to:
Keep Lubbock Beautiful Advisory Committee
Lubbock Civic Centers Board
Parks and Recreation Board
90-49A-309-217
(44.)
90-49A-. 309-218
(45.)
April 12, 1990
Page 309
Membership is to be composed of the following
representation:
One member shall be knowledgeable in
recycling processes;
Three members shall be knowledgeable of Solid
waste issues and waste removal techniques;
Five members shall be knowledgeable of
Landscape Architecture, Horticulture, or a
related field;
Three members shall be representatives of the
Education Community, including Lubbock
Independent School District and Texas Tech
University;
Three members shall be appointed at large
from within the corporate limits of the City
of Lubbock
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to appoint Jack Davidson (two-year
term), Clyde Blakeley (one-year term), Denny Graham
(two-year term), John Alamanza (one-year term), Nancy
Badley (two-year term), Mark Ivey (one-year term), Art
Hollingsworth (two-year term), Cynthia McKinney (one-
year term), Janet Atyia (two-year term), Sara
Williamson (one-year term), Melanie Barnes (two-year
term), Gordon Downum (one-year term), Pieter Bergstein
(two-year term), Gordon Wilkerson (one-year term), and
Rev. Albert Dunn (two-year term) to the Keep Lubbock
Beautiful Advisory Committee. Motion carried: 7 Yeas;
0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to appoint Sam Ogletree to fill the
unexpired term of Anita Taylor on the Lubbock Civic
Centers Board. Motion carried: 7 Yeas; 0 Hays.
90-49A-- 309-219
(45.) Consider one appointment to the Parks and Recreation
Board to fill the unexpired term of John Braun. His
term will expire January 8, 1992.
Motion was made by Councilman Phillips, seconded by
Councilman Carpenter to appoint Kevin Rooker to fill
the unexpired term of John Braun on the Parks and
Recreation Board. Motion carried: 7 Yeas; 0 Nays.
April 12, 1990
Page 31p
There being no further business to come before Council, motion was made by
Councilman Patterson, seconded by Councilwoman Trejo to adjourn the meeting
at 11:17 a.m. Motion carried: 7 Yeas; 0 Nays.
. C. McMINN, MAYOR
5T:
Ra ett.e oyd, i y e et
READ AND APPROVED THIS 26TH DAY OF APRIL, 1990.
B. C. McMINN, MAYOR
qi
anea Boyd, City—S'ecyelary
THE STATE OF TFXAS R-394
COUNTY OF LUBBOCK
Before me Frances Ffernnndez a Notary' Public in and for Lubbock County. Texas on this day
personally appeared T 1, A u,f t Martaye r (if the Southwestern Newspa-
s Corporation. puhlishers of th(' Lubhoc•k Av alanch('•JOarnal — Morning, Vvening and Sunday. who
HQTiCEoF ]v sworn did depose and say that said newspaper has heen published continuously for more
PIIBLICHEARING Neeks prior to the first insertion of this Legal Notice
TuQL Pubticearingtocnsider No- A23AAO- at Lubbock Count'•, Texas and the attached print -
duct a Pubtic Fearing fu consider
adoption of an ordinance reoulat- T I_e0a I Notice is a true copy of the original and was printed in the Lubbock
va Septic Systems and other pnd Marc 1 * . .
rrther a4ljat;ngf0dielliacWtes cal on the following dates
further re9ulafing toilet faciillies a,�
990
01 conatruclion sites and communi• :� a � 46 $ 33 .5 8
Iy Dathfrings. A copy of the pro. — -
posed ordinance is 8va lfahle for re -
View at 1902 Texas Avenue. All in.
teresled persons are 9ncouraged to 1117
participate at W5 131h Street,
m
Rooip1aL1a=,4.m, Wr APril tp,
1990.
R "' / NOTARY PUBLIC in and for the State of Texas
ACC r7 grit Man B R r My Commission Expires 'r_ — per
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscrihed and sworri to betore me this _A . day of
FORM i8-tn
May �1^"r f.t•, .,.,,r;.I, r,_�,17
.1�•,1.
-------------
SECOND
READING ORDINANCES
ORDINANCE NO. n"
AN ORDINANCE ABANDON-
ING AND CLOSING PORTIONS
❑F A STORM WATER O""N-
AG£AND STORAGE EASE ME NT
LOCATED IN 5QI3THVlEST COM-
1" hA£RC1AL PARK ADDITION TO
r{ THE CITY QF LUBOOCK. LU0-
BOCK CQUNTY. TEXAS. AND
I AIORE PARTICULARLY DE-
SJSCR10EQ IN THE BODY OF THIS
o ORDINANCE; DIRECTING THE
CITY EHGI N EER TO MARK THE
OFFICIAL MAPS Df THE CIT'�
❑F LUBBOCK TO REFL> CT
e SAID ABAND014 ENT AND
CL051NG: PROVIOING A SAV-
A FOR PUBLSCATIQN,PROVIDING
R-417
e n r v a Notaryy. Public in and for Lubbock County, Texas on this day
. J. Willi, Account Manager of the Southwestern Newspa-
�rs of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly
that said newspaper has been published continuously for more than fifty-two weeks pri-
his kega:_.1 n4Wg
No, at Lubbock County, Texas and the attached print-
n o t i c e _ _ _ is a true copy of the original and was printed in the Lubbock
allowing dates. April 141 21, 1990
--`i ORDINANCE N0, VU5 !
AN ORDINANCE AMEND*
ING CHAPTER 28 OF THE CODE
OF OFOLUBBOCKSTF THE CITY
EXAS. BY
AMENDING S£LTIQN 26.164
WITH REGARD TO TIME PAY-
MENT OF FWATER AND SEWER
P120 RATA CHARGES: BY AOO-
L INGANEWSECTION2&167PER-
TAINING TO FIXING OF LIENS
S . AGAINST PROPERTY FOR ALL
COSTS WHEN SEWER CONNEC-
TION IS REQUIRED BUT HAS
NOT BEEN ACCOMPLISHED,
PROVIDING A SAVINGS CLAUSE
AND P ROV (DING FOR P U BLICA-
5uk TION.
ORDINANCE NO.97+6
AN ORDINANCE AIWEND-
ING ZONING ORDINANCE NO.
701A AND THE OFFICIAL MAP
t� OF THE CITY OF LUBBOCK
FO` .. ib.614MI TFlC Fr11 1 n: wlN
t e r NOTARY PUB C �,,, r thelStaj���
My Commission ...11........ L�y
f OURNAL
me this 29 day of J a n u a r
TONYA KENRY
No,o,ry Publin
STATE E DF TEXAS