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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of September, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and Deputy City Secretary Beatrice Cervantes. Absent: City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. [ 1.} The Invocation was given by City Manager Larry J. Cunningham. [ 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. [ 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the August 23, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 90-49B-640-461 ( 5.) Proclamation "I'll Be There Day" (Red Raiders vs. Houston) - September 13, 1990 midnight in the southwest narking lot of the Lubbock Memorial Civic Center. Penny Morin appeared on behalf of Fiestas Del Llano to request a Loudspeaker Permit for September 14, 15 and 16, 1990 from 12:00 Noon until 12:00 Midnight at the southwest parking lot of the Lubbock Memorial Civic Center. Adjacent businesses were in concurrence with issuance of this permit. Council approval was necessary because activities were scheduled to continue after 8:00 p.m.. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit for September 14, 15 and 16, 1990 from 12:00 noon to 12:00 midnight to Penny Morin for Fiestas del Llano. Motion carried: 7 Yeas; 0 Nays. September 13, 1990 Page 641 90-49B-641-462 ( 6•) 90-49EI- 641-463 ( 7.) Larry Teaver, representing Lakeridge Country Club, requested approval for installation of an island on a new street proposed in a preliminary plat for Lakeridge Country Club Estates and approved by the Planning and Zoning Commission in August, 1990. Because of the proposed oversized cul-de-sac, Lakeridge requested this island for adequate lot frontage on the cul-de-sac. According to Mr. Teaver, Lakeridge plans to use the golf course maintenance crews to maintain this island; they currently maintain the medians on Vicksburg Avenue from 82nd Street to 98th Street. Chapter 25 (Subdivision Regulations) of the Code of ordinances which requires City Council approval of islands in public streets, was adopted by the City Council several years ago as a result of requests that the City accept dedication and assume maintenance for several islands. The islands were being platted as separate tracts with a developer or homeowner/ neighborhood association assuming ownership and maintenance responsibilities, and later requesting to transfer the maintenance responsibilities to the City. One of the current problems is non-payment of taxes on one of these tracts and the Tax Appraisal district may take this property, which will mean that the tract will revert to the City's ownership and maintenance responsibilities. The proposed Agreement with the developer states that the developer accepts responsibility for maintenance of the island in exchange for City approval of the island and identifies the entity responsible for maintenance. The final plat will contain a statement designating maintenance responsibility. Motion was made by Councilman Phillips, seconded by Councilman Aderton to approve request of Lakeridge Country Club Estates for an island on 97th Street and to require an Agreement to maintain the island by Lakeridge Country Club. Motion carried: 7 Yeas; 0 Nays. David Goyette appeared on behalf of Doug Corley and J.R. Austin to request construction of strip paving in Terra Estates II. When originally platted, Terra Estates II was located outside the City and the streets were strip paved to County standards. The developers/owners of the unsold lots of this subdivision are considering replatting and resizing a portion of this addition, and some existing streets will be relocated. Since Terra Estates II was outside the City when originally platted, street improvements (full width paving with curb and gutter) were not required at the time the property was subdivided. September 13, 1990 Page 642 The developers/owners which exists on those replat, but only those replatted lots will be requirements. requested similar type strip paving streets to be relocated with this streets adjacent to the proposed affected by the street improvement City Council action is required because strip paving does not conform to standard street paving design of designated width with curb and gutter. Section 24-152 of the Code states that the City Council may permit the strip paving of residential streets upon making the following determinations after holding a special paving hearing: 1. That the cost of full -width paving with curb and gutter would create a hardship on the abutting property owners if such cost was assessed against them. 2. That a need exists for improvement of the streets involved and such urgency necessitates permitting strip paving to be constructed. 3. That the City Council finds the strip paving is acceptable at such street locations. 4. That the strip paving shall be constructed in accordance with the design and standards as described in Section 24-153. Staff typically discourages strip paving for the following reasons: 1. Maintenance -- The unprotected edges break off with the eventual narrowing of the strip pavement over the years. 2. Drainage -- Maintaining drainage in ditch sections is very difficult in flat terrain. Ditches tend to silt up or fill with blow sand over the years, and drainage pipes under drives experience these same problems. Persons with well -maintained yards oppose ditch maintenance work, and because of this buildup over the years, driveways constructed at original ditch grade may stand in water during wet weather periods. Strip paving with ditch sections is difficult to develop and maintain in the standard residential street right-of-way width (56')• 3. Site Grading -- The lot grading and floor eleva- tions of structures may not conform to the needs of the future full -width street paving grade with curb and gutter. 4. Cost of Paving -- Typically, a street constructed to standard width and design will be through an assessment paving program if not required at the time of platting. The City will share in the cost of assessment paving while the developer is required to provide full cost for residential street paving improvements on subdivision paving. The developer is normally out of the picture with assessment paving, and the City would be working with individual lot owners which have purchased the property. In Staff's opinion, if Council grants permission to strip pave these streets, a precedent will not be set as this is a special circumstance. Staff recommended that in September 13, I990 Page 643 90-49B-643-464 ( 8.) order to provide notice to future purchasers of the lots, a statement that those streets have been approved for strip paving and that future curb and gutter costs could be assessed to adjacent landowners should be placed on the plat . Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to approve request of Doug Corley and J. R. Austin to construct strip paving in the Terra Estates II Subdivision; and stipulating a notation on the plat that this is a special circumstance for a subdivision annexed after its establishment into the City and that future curb and gutter costs may be assessed to adjacent landowners. Motion carried: 1 Yeas; 0 Nays. ORDINANCE 09311 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP 1.1 OF THE 11 OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2654; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON TRACT A, BROADVIEW BAPTIST CHURCH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance 09311 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 90-49B-.643-465 9.) ORDINANCE #9380--Zone Case #2653 (approximately 719 E. 'bath C,traotl-_Ranuoct of .1 R Rli mrnccn lfnr Rlainc Second Addition. ORDINANCE #9380 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2653; A ZONING CHANGE FROM M-1 TO M-2 ZONING ON A TRACT OF LAND OUT OF BLOCKS 84, 85 AND 95, WHEELOCK'S SECOND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B- 643-466 (10.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance 09380 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. Addition. September 13, 1990 Page 644 ORDINANCE #9381 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2216-E; A ZONING CHANGE FROM C-3 SPECIFIC USE FOR SHOPPING CENTER TO C-3 SPECIFIC USE PERMIT FOR ELIMINATION OF SIDEWALK REQUIREMENT ON ORLANDO AVENUE ON LOTS 8 & 11, KING'S GATE NORTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B-644-467 (11.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9381 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9378--Zone--Case #2218-P (northeast of 98th and ORDINANCE #9378 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-P; A ZDNI14G CHANGE FROM R-1 SPECIFIC USE TO R-1 & R-2 ZONING ON TRACTS OUT OF SECTIO14 15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B- 644-468 (12.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9378 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9379 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2387-A; A ZONING CHANGE TO AMEND THE SITE PLAN AND DELETE THE CONDITIONS IN ORDINANCES 3681, 4555 & 8384 IN A C-3 ZONING DISTRICT ON LOTS 1, 2 AND THE EAST 90' OF LOT 3, BLOCK 1, WESTGATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9379 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B--644-469 (13.) September 13, 1990 Page 645 ORDINANCE #9375 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED ADJACENT TO TRACT "A", A REPLAT OF LOTS 1 THROUGH 9, FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 90-49B-645-470 (16.) 90-49B-645-471 (17.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9375 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. According to Section 24-128(a) of the City of Lubbock Code of Ordinances, when a well is completed, the permittee is entitled to request a reduction in the bond or letter of credit from $25,000 to $10,000. A letter requesting reduction of the bonds for the above mentioned wells was submitted to the Planning Department on August 16, 1990. Drilling operations have been completed and Staff recommended approval of this reduction. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve request of Burk Luebbehusen Ray & Company (Texland Petroleum) for bond reductions on Lif-Lubheirs No. 9, H. Newton No. 4 and H. Newton No. 3 as recommended by Staff. Motion carried: Yeas; 0 Nays. ORDINANCE #9382 AN ORDINANCE ABANDONING AND CLOSING A 23,150 SQUARE FEET UNDERGROUND UTILITY EASEMENT LOCATEO ON LOTS 1 & 2A, METHODIST HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The proponent of this closure is Methodist Hospital, the original grantor of these Easements, and closure is for building purposes. This Ordinance abandons and closes one north/south and three east -west Utility Easements (all connected), just east of the main Methodist Hospital building. A new 20' easement will be dedicated along the south 20' of Lot 2-A and utility relocation costs will be the expense of proponent. Staff recommended this closure. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to pass on first reading Ordinance #9382 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 13, 1990 Page 646 90-49B-646-472 (18.) ORDINANCE #9383 AN ORDINANCE ABANDONING AND CLOSING A FIVE-FOOT UTILITY EASEMENT LOCATED IN KINGS ROW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION. This Ordinance will close a north -south 5' Underground Utility Easement located along the east 5' of Lot 23, King's Row Addition. The proponents of this closure are Warren and Virginia Snodgrass, and closure is for building expansion. The $150 application fee has been paid, and all utilities are in agreement. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to pass ❑n first reading Ordinance #9383 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-646-473 (19.) Consider Resolution #3439 authorizing the Right -Of -Wax Department to make an offer to Griffin Industries, Inc. for land located in the Phyllis Wheatley Subdivision (East 35th and Fig Avenue). RESOLUTION #3439 WHEREAS, the City Council of the City ❑f Lubbock finds that land hereinafter described is needed for public purposes, to -wit: the expansion of the sewerage treatment plant, and the construction, reconstruction, maintenance and repair of the sewer system ❑f the City ❑f Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to make an offer ❑n behalf of the City in the amount of $72,500.00 to Griffin Industries, Inc., a Kentucky Corporation, Owner, for the purchase by the City of tracts ❑f land to be used as set forth in the preamble hereof, and being further described as fo11 ows : TRACT 1: Lots One (1) through Eleven (11), both inclusive, Phyllis Wheatley Subdivision, replat of Lots I through 11, Block 15, and part of Lots 10 through 16, Block 14, Phyllis Wheatley Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof recorded in the ❑ffice of the County Clerk ❑f Lubbock County, Texas. TRACT 2: Lots Thirteen (13) through Twenty -Two (22), both inclusive, Block Fifteen (15), Phyllis Wheatley Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof recorded in the office of the County Clerk of Lubbock County, Texas. TRACT 3: Lots One (1) through Eighteen (18), both inclusive, Block Seventeen (17), Phyllis Wheatley Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof recorded in the office of the County Clerk of Lubbock County, Texas. September 13, 1990 Page 647 TRACT 4: All of Block Eighteen (18), Phyllis Wheatley Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, including all ❑f the former North -South alley in said Block Eighteen (18), Phyllis Wheatley Subdivision, lying between 35th and 36th Streets in the City"of Lubbock, Lubbock County, Texas, according to the map ❑r plat thereof recorded in the ❑ffice ❑f the County Clerk ❑f Lubbock County, Texas. SECTION 2. THAT said purchase is t❑ be accomplished by the Right -of - Way Department. Passed by the City Council this 13th day ❑f September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Ed Bucy Ed Bucy, night -of -Way Agent IsI B. C. McMinn _ B. C. McMINN, MAYOR' APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Resolution authorizes the Right -Of -Way Department to make an offer t❑ Griffin Industries ❑f Bastrop, Texas for 51 lots located in Blocks 14, 15, 17, and 1B of the Phyllis Wheatley Addition. These lots are between Elder, Fig, and Guava Avenues and East 35th and 37th Streets, just southeast ❑f the City of Lubbock Cemetery and west of the Sewage Treatment Plant and the lots are being purchased for Treatment Plant land expansion. All are vacant except for the lots in Block 18, which contain an empty livestock rendering building and office. Griffin Industries originally offered this property t❑ the City for $77,500, and the Tax Appraisal District values this property at $65,541. Tw❑ underground fuel tanks located on the property will be removed, and removal will be certified t❑ by the Texas Water Commission. Griffin Industries will pay for removal and any associated remedial work. Due t❑ this tank problem, sellers have agreed t❑ sell for $72,500, which is the City's ❑ffer t❑ Griffin Industries. Motion was made by Councilman Patterson, seconded by Mayor Pr❑ Tem Baker to authorize Resolution #3439 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-647-474 (20.) Consider Resolution #3440 authorizing the Traffic Management Program grant application. September 13, 1990 Page 648 RESOLUTION #3440 RESOLUTION AUTHORIZING THE TRAFFIC MANAGEMENT PROGRAM GRANT APPLICATION AND GRANT AGREEMENT WHEREAS, the City of Lubbock recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the traffic management project proposed by the City of Lubbock will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic management projects; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'THAT thie City Council of the City of Lubbock authorizes the submission of an application to the State Department of Highways and Public Transportation for a Traffic Management grant and, if the application is selected for funding, the Mayor of the City of Lubbock is hereby authorized and empowered to execute in the name of the City of Lubbock all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this Resolution. Passed by the City Council this 13th day of September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ David E. Woosle David E. Woosley, City Traffic Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney COPY OF GRANT APPLICATION FILED WITH RESOLUTION Funds are now available through the State Department of Highways and Public Transportation for grants to local governments for implementation of traffic system improvements. The Traffic Engineering Department proposed to apply for funds to add signals to the computer system at the following locations: 4th Street from Indiana Avenue to Milwaukee Avenue 19th Street at Iola Avenue and Milwaukee Avenue Avenue A from 4th Street to 50th Street Clovis Road from Avenue U to Loop 289 Quirt Avenue at Siaton Road/Loop 289 The estimated cost for 20 intersections is $240,000. The State will pay 75% of the cost under this program, and the City's commitment will be $60,000, which is currently available in the Traffic Control System Capital Projects fund. A total of $2.5 million is available from the September 13, 1990 Page 649 State; however, the City of Lubbock will be in competition with all other cities under 200,000 population and approval of the application is not guaranteed. This program is similar to the Traffic Light Synchronization Program for which Staff applied last September and on which notification of approval and an Agreement was received last month. That project will fund the computerization of 13 signalized intersections on University, Indiana and Quaker Avenues, and 82nd Street. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3440 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-64r9-475 (21.) Consider Ordinance #9384 amending Electrical Code of City of Lubbock Code of Ordinances. ORDINANCE #9384 AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 6 Of THE CODE OF ORDINANCES Of THE CITY Of LUBBOCK, TEXAS, WITH REGARD TO THE ELECTRICAL CODE OF THE CITY OF LUBBOCK, TEXAS; THE DUTIES Of THE BOARD Of ELECTRICAL EXAMINERS AND QUALIFICATIONS OF ELECTRICIANS WORKING IN THE CITY Of LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Last month the Council considered an Ordinance amending the City's Electrical Code, and after hearing the issue, the Council directed the staff to rewrite the proposed amendment to contain the following three points: 1) To reinstate the Permit and License Appeal Board as the appeals route; 2) to create two new classes of electricians; and 3) to provide that the exchange of licenses be upon approval by the Board of Electrical Examiners. With reference to the appeals process, the City Council has provided an appeal from the Board of Electrical Examiners to the Permit and License Appeal Board, and that will be the exclusive method of appeal. Electricians will not be able to appeal directly from the Board of Electrical Examiners to the City Council. The Permit and License Appeal 8oard Ordinance, a different statute, provides for no appeal, but there exists an implied appeal to the judicial system for a trial under the substantial evidence rule (Davis v. City of Lubbock, 326 S.W. 2d 699 [(Tex. Sup. Ct., 19591). There is no provision for appeal to the City Council and if Council wants to hear such appeals, the Permit and License Appeal Board Ordinance can be amended. Staff memo stated that since the last Council meeting both the National Electric Contractors Association and the Independent Contractors Association have retained Mr. Charles Frye of Curry, Curry and Robinson. On August 31, 1990, Mr. Frye, Kirk Price and Joe Tarver met with City Staff to discuss the status of the issue, including a proposed amendment of their own. September 13, 1990 Page 650 90-49B--650-476 (22.) It was at this meeting that the question of reciprocity was first mentioned as a reason not to support the amendment. Mr. Frye challenged that it would be likely that cities who reciprocate with Lubbock could/would not honor that commitment because under the proposed amendment, a person could conceivably get the necessary experience for the Industrial Master's License and exchange it for a Master's License performing little or no work for the general public. Staff advised that while that point is also one that is "at issue", in the amendment it does seem likely that those cities who reciprocate with Lubbock could deny a licensee that opportunity since those who have that provision usually also require private sector experience as a requirement. The Building Official was able to talk with representatives of the cities of Amarillo, Abilene, Dallas, Waco and Plainview and each responded that their city would not honor the reciprocal agreement for a person who achieved master status via the exchange language on the industrial track in the City's proposed ordinance. Motion was made by Councilman Phillips, seconded by Councilman Maloy to pass on first reading Ordinance #9384 with additional changes discussed in work session as follow: Sec. 2-458. Appeals. Add the following: "...Any appellant denied relief by a decision of the Permit and License Appeal Board may appeal such decision to the City Council by filing notice of appeal with the City Secretary within ten (10) days of such decision setting forth the specific reasons for such appeal. The City Council shall set such matter for public hearing within a reasonable time of the filing of such appeal. An appeal to the City Council shall stay the action of the Permit and License Appeal Board. The decision of the City Council shall be final and binding as to the matter heard on such appeal." Sec. 6-160. Application. (d) -- Amend to read as follows: "Upon application for interchange of a license from an Industrial Master Electrician or an Industrial Journeyman to a Master Electrician or a Journeyman Electrician, the Board of Electrical Examiners may require such applicant to work under the supervision of a Master Electrician for a period of time not to exceed two (2) years." Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3441 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement with the United States of America, acting through the Federal Aviation Administration, for Project Number 3-48-0I38-09-90, 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. September 13, 1990 Page 551 Passed by the City Council this 13th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney GRANT AGREEMENT PART 1 - OFFER LUBBOCK, TEXAS AIRPORT/PLANNING AREA PROJECT NUMBER: 3-48-0138-09-90 CONTRACT NUMBER: DOT FA-90-SW-8814 TO: City of Lubbock, Texas (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the sponsor has submitted to the FAA a Project Application dated August 23, 1990, for a grant of Federal funds for a project at or associated with the Lubbock, Texas Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the 'Project") consisting of the following: Conduct Master Plan Study Update ass as more particularly described in the Project Application. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act", and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent. The Offer is made on and subject to the following terms and conditions. Conditions 1. The maximum obligation of the United States payable under this offer shall be $90,000 $90,000 for planning. 2. The allowqble costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. September 13, 1990 Page 652 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the toal amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereon, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurance which were made part of the project application. 5. The FAA, reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1990 or such subsequent date as may be prescribed in writing by the FAA. 7. 'The sponsor shall take all steps, including litigation if necessary, 'to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statues, or misused in any other manner in any project upon which Federal funds have been expended. ,For the purposes of this grant agreement, the term 'Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant ,agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It :shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish 'to the Secretary, upon request, all documents and records pertaining 'to the determination of the amount of the Federal share or to any :settlement, litigation, negotiation, or other efforts taken to recover- such funds. All settlements or other final positions of the sponsor, in court of otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 1. It is understood and agreed that any project costs incurred prior to acceptance of this Grant and formal Notice to Proceed by the FAA !shall not be eligible for Federal participation. 2. The sponsor shall hold at least one public information briefing prior to project completion regardless of whether a formal public hearing -is required. 3. The sponsor shall comply with the attached assurances, FAA Form 5100- 100 (1-88). The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States September 13, 1990 Page 653 and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION /s/ John 0. Anderson John D. Anderson, Manager Airports Planning Branch Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply wiith all of the terms and conditions in this Offer and in the Project Application. Executed this 13th day of September, 1990. CITY OF LUBBOCK /s/ B. C. McMinn B. C. MCMIHN, MAYOR City of Lubbock ATTEST: /s/- Ranet:te Boyd Ranette Boyd, City Secretary CERTIFICATE OF SPONSOR'S ATTORNEY I, Harold Willard, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas. Further, have examined the foregoing Grant Agreement and the actions taken by said Sponsor and relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor"s official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Lubbock, Texas this 17th day of September, 1990. s Harold Willard Harold Willard, Assistant City Attorney ATTACHMENTS FILED WITH RESOLUTION The City of Lubbock submitted a Project Application to the Federal Aviation Administration dated August 23, 1990 for a grant of Federal Funds for a Master Plan Study Update to be conducted for the Lubbock International Airport. In the Grant Agreement, the Master Plan Study Update will be funded 90% ($90,000) by the FAA and the remaining 10% ($10,000) will be funded by the City of Lubbock. Staff recommended approval. September 13, 1990 Page 554 Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to authorize Resolution #3441 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-554-477 (23.) Consider Ordinance #9 85 to amend the Education Incentive Pay provisions for Fire and Police Departments. ORDINANCE #9385 AN ORDINANCE DEFINING TERMS IN RELATION TO EDUCATIONAL INCENTIVE PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE AND POLICE DEPARTMENTS OF THE CITY OF LUBBOCK, PROVIDING FOR SUCH INCENTIVE PAY AND THE REQUIREMENTS AND BASIS THEREFOR;, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. According to Staff memo, Educational Incentive Pay (EIP) was first authorized for the Fire and Police Departments, by Ordinance, on October 13, 1977, to encourage members to take college level Fire and Police courses which would increase their effectiveness and professionalism. At the time, most firemen and policemen had little or no college training. The opportunity for extra pay created a significant demand for Police and Fire related courses. Also, a number of Fire and Police personnel qualified for veteran's benefits for attending college which provided an additional monetary incentive. Currently, 44 firefighters and 98 police officers receive Educational Incentive Pay benefits. Since 1977, several changes have created a need for revisions to the EIP Prgram: I. Some new employees already have a significant amount of college training in traditional fields, such as business and may qualify for the EIP without any of the specialized Fire or Police courses. Thus, in some cases, the City is not receiving the maximum benefit. 2. Very few employees qualify for veteran's benefits for college training now, resulting in the loss of a major incentive to attend. 3. Due to the lack of students, specialized courses are often unavailable. 4. The trend is for colleges to give college credit for "life experiences" or "military" credit towards a degree. This may result in employees qualifying for EIP with limited Fire or Police courses. Provisions of the proposed Ordinance contain more stringent educational requirements for receiving EIP and provide incentives for a Master's Degree. A comparison of those provisions is as follows: September 13, 1990 Page 655 1. Current Ordinances Would be rescinded and replaced by the new ordinance. Proposed Ordinance Employees receiving incentives under the current provisions would continue under those requirements until they either leave the program or become qualified under the new requirements. 2. Current Ordinance Requires 60 semester hours from an accredited college with 12 semester hours in Fire/Police related courses. Proposed Ordinance Requires 60 semester hours from an accredited college with 30 semester hours in specified Fire/Police course. 3. Current Ordinance A bachelor's degree with a major in fields of study in Fire/Police related areas is required for AEIP. (A bachelor's degree with a major in such general fields of study as Engineering or Secondary Education will usually qualify for Additional Educational Incentive Pay without taking any specific courses beneficial to fire or police.) Proposed Ordinance A bachelor's degree with 30 semester hours in specifically listed Fire/Police course areas is required for AEIP. 4. Current Ordinance "Soft" courses are not addressed nor restricted. Proposed Ordinance Restrictions are placed on acceptance of "soft" course credits such as "experiential learning" ❑r military experience. 5. Current Ordinance No provision for Masters Education Incentive Pay (MEIP). Proposed Ordinance Provides MEIP for a Master's Degree with 30 semester hours in Fire/Police courses. Only ❑ne individual is currently eligible for MEIP and he is presently receiving AEIP. September 13, 1990 Page 656 6. Current Ordinance Requires annual or biennial courses to maintain pay after degree/course requirements have been met. Proposed Ordinance Once requirements have been met, no further "maintenance" courses are required. 7. Current Ordinance Specific pay amounts for EIP and AEIP are not included in the ordinance, but are established in the annual budget. Currently, employees who qualify for EIP (Associates Degree) receive $80 per month and those who qualify for AEIP (Bachelor's Degree) receive $110 per month. Proposed Ordinance Specific pay amounts for EIP, AEIP and MEIP will continue to be established in the budget. The pay for EIP (Associate's Degree) will remain at $80 per month; the AEIP (Bachelor's Degree) will be increased to $125 and the incentive for MEIP (Master's Degree) will be $175 per month. Approval of the revised ordinance is recommended to accomplish the following: 1. Improve effectiveness and professionalism in the Fire and Police Departments by increasing college level education, including specific areas applicable to Fire and Police. 2. Require future employees to take an increased amount of required courses in Fire/Police areas of study in order to receive educational incentive pay. Funds are provided in the existing department's budget for educational incentive pay; therefore, the revisions to the Ordinance can be absorbed within the approved budget. Staff recommended that Council amend the Ordinance so that employees registered for fall college courses would receive credit under the new provision. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #9385 as recommended by Staff. Motion carried: 7 Yeas; 0 days. 90-49B-656-478 (24.) Considgr Resolution #3442 authorizing acceptance of water and sewer -improvements for Lot 3 Methodist Has ital. RESOLUTION #3442 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 3, METHODIST HOSPITAL ADDITION. WHEREAS, the developer of Lot 3, Methodist Hospital Addition has com- plied with the provision of Chapter 28, Article IV of the Code of September 13, 1990 Page 657 Ordinances of the City of Lubbock, by providing the water and sewer system improvements for said Addition, in accordance with Section 28-155 of said Chapter; and WHEREAS, the total utility cost to the developer is $9,055.41 with the improvements constructed by Craft Construction Company, having a value of $8,465.58 as determined by the unit prices established by Chapter 28, and $589.83 cash paid to the City, with Methodist Hospital, the developer to receive a refund of $0.00 in accordance with Chapter 28 and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of said water and sewer system improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION1. THAT the improvements 8E and the same are hereby accepted as an integral part the water and sewer system of the City of Lubbock. SECTIONI 2. THAT the refundable cost in the amount of $0.00 be made in accordance with Chapter 28. SECTION I 3. THAT a refund of deposit be made in the amount of $0.00. :SECTIONS 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of September, 1990. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: !sl Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer 90-498-.557-479 (14.) /sZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ 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 $9,055.41, including value of construction costs of $8,465.58 and $589.83 cash paid to the City. This represents Phase I of the relocation of water and sanitary sewer lines in conjunction with the Methodist Hospital Expansion Project; they are replatting to accommodate any necessary Utility Easements. Staff recommended acceptance of these improvements. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3442 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. northeast corner of Block A, Section77. The well site for North Loop Unit #1 is south of Loop__289 and west of North Quirt. September 13, 1990 Page 658 {15.} Consider anoroval of an Oil and_GasDrilling Permit for North Loop Unit #1. Dub Bratcher appeared on behalf of Texland Petroleum to present this request for an Oil and Gas Drilling Permit. On August 10, 1990 Staff received an application for a permit to drill the above described well. A permit request was denied adjacent to this site in July, 1990. The storage site is proposed at an existing tank battery. The site is South of Loop 289 and west of North Quirt Avenue. Mr. Bratcher said that the only change from his initial request was the location. No one appeared in opposition. Mayor McMinn closed the hearing at 10:32 a.m. According to Staff memo, the application is substantially in order. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earth sludge pits and no landscaping at the well. The blowout protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill and storage site is proposed from Loop 289 on private property. SHORT TERM IMPACTS: Lloyd Croslin and Sam Arnett own the surface and have agreed with Texland on a suitable well location. The proposed location is within the area noted as agreeable on a map presented by Mr. Croslin at the July Council meeting. This parcel at Quirt and Loop 289 is zoned M-1 with conditions and is not platted. The Comprehensive Land Use Plan illustrates IDP as policy at the site. At some point, commercial or light industrial development would be anticipated. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated as IDP on the 1986 Comprehensive Land Use Plan. Little additional development is projected soon in the immediate area, so long-term negative impacts should be minimal. The well is set back approximately 165' from the Loop 289 access road. The site is on the east edge of a large/playa area which is towards the west. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) will be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission and Texas Railroad Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. September 13, 1990 Page 659 90-49B-659-480 (25.) 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for North Loop Unit #1. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve request of Texland Petroleum for an ail and Gas Drilling Permit for North Loop Unit #1 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3443 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application to be submitted to the Texas Department of Community Affairs in the amount of One Hundred Seventy -Five Thousand Six Hundred Ninety -Five and No/100 Dollars ($175,695.00) for the purpose of administering programs under the Community Services Block Grant to relieve the effects of poverty in Lubbock County. A copy of the Grant Application is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s S lvia A. Martinez Sylvia A. Martinez, Community Services Supervisor s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Donald G. Vandiver Donald G. Vadiver, First Assistant City Attorney COPY OF GRANT APPLICATION FILED WITH RESOLUTION The Community Services Block Grant for fiscal year 1990-91 is in the amount of $175,695 and will allow the Community Services Department to maintain the current level of programming to assist low-income families and individuals. The Community Services program includes the Information and Referral Section, which responds to telephone requests for information concerning community resources; annual publication of Directory of Human Services which is used by employees and hundreds of agencies in the community; and tracking clients requesting services from a variety of agencies. This information is used by churches and many other agencies providing food and other assistance to determine needs and to avoid duplication of services by community agencies. September 13, 1990 Page 660 The Community Services Department will also continue to provide bus passes to individuals needing transportation for medical or employment purposes. The Second Annual Summer Fun Search Festival will bring together all summer programs and inform the community on the services available. The grant provides 80% of the program. The City's 20% share is more than covered by allocating the indirect cost reimbursement through the City back into Community Services programming. In addition, the City provides the salary and benefits for the Information and Referral Specialist and a portion of the salary of the Information and Referral Coordinator for services with the Committee for Women. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3443 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-6150-48�0 (26.) Consider Resolution #3444 authorizing the Mayor to execute a Contract with Coopers and Lybrand for auditing. services. RESOLUTION #3444 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 for financial services by and between the City of Lubbock and Coopers & Lybrand, Certified Public Accountants, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Robert Massengale Robert Massengale, Assistant City Manager for Financial Services THE STATE: OF TEXAS COUNTY Of= LUBBOCK /sZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sj Donald G. Vandiver_ Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT made and entered into this fifth day of September 1990, between the City of Lubbock, Lubbock County, Texas, hereinafter referred to as City, and Coopers & Lybrand, Certified Public Accountants, Lubbock, Texas, hereinafter referred to as C&L. WITNESSETH: THAT for and in consideration of the mututal covenants and promises hereinafter contained, it is agreed between the parties hereto as follows: September 13, 1990 Page 661 C&L will audit the City of Lubbock's general purpose financial statements in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General ❑f the United States, the Single Audit Act of 1984 and the provisions of OMB Circular A-128, Audits of State and Local Governments. The objective ❑f an audit is the expression of an opinion concerning whether the financial statements present fairly, in all material respects, the financial position of the City of Lubbock, and the rsults of its operations and cash flows of its Proprietary Funds in conformity with generally accepted accounting principles. II. Said examination shall cover the fiscal year period from October 1, 1989 t❑ September 30, 1990 with the exception ❑f the Lubbock Firemen's Relief and Retirement Fund, which will cover the twelve-month period from January 1, 1990 to December 31, 1990. The auditing services shall be extended for an additional four periods, as stated above, unless cancelled by either party hereto. Fees for such services will be mutually agreed to annually. In the event of cancellation, notice shall be given to the ❑ther party on or before May 15 of the year cancellation is to be effective. III. As a part ❑f their audit, C&L will consider the City of Lubbock's internal control structure over financial transactions and assess control risk, as required by generally accepted auditing standards, for the purpose of establishing a basis for determining the nature, timing and extent of auditing procedures necessary for expressing C&L's opinion concerning the financial statements and not to provide assurance on the internal control structure. C&L will also, as discussed later, consider and test the City of Lubbock's internal control structure policies and procedures used in administering federal financial assistance programs. The management of the City of Lubbock is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgements by management are required to assess the expected benefits nd related costs for internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of the inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and ❑peration of policies and procedures may deteriorate. IV. As required by government auditing standards, C&L will prepare a separate written report on C&L's understanding ❑f the City of Lubbock's internal control structure and the assessment of control risk made as part of the financial statement audit. The report will include: (1) the scope of C&L''s work in obtaining an understanding of the internal control structure and in assessing the control risk, (2) the City of Lubbock's significant internal controls or control structure including the controls established to insure compliance with laws and regulations that have a material impact on the general purpose financial statements, and (3) the reportable conditions, including the identification of material weaknesses, identified as a result of C&L's work in understanding and assessing control risk. September 13, 1990 Page 662 V. C&L's audit will include procedures designed to provide reasonable assurance of detecting errors and irregularities that are material to the general purpose financial statements. As City management is aware, however, there are inherent limitations in the auditing process. For example, audits are based on the concept of selective testing of the data being examined and are, therefore, subject to the limitation that such matters, if they exist, may not he detected. Also, because of the characteristics of irregularities, including attempts at concealment through collusion and forgery, a properly designed and executed audit may not detect a material irregularity. Similarly, in performing their audit C&L will he aware of the possibility that illegal acts may have occurred. However, it should he recognized that C&L's audit provides no assurance that illegal acts generally, will he detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of general purpose financial statement amounts will he detected. C&L will inform the City with respect to illegal acts or material errors that come to C&L's attention during the course of their audit. VI. Compliance with laws, regulations, contracts, and grants applicable to the City of Lubbock is the responsibility of the City of Lubbock's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, C&L will perform tests of the City of Lubbock's compliance with certain provisions of laws, regulations, contracts, and grants. However, except for major federal financial assistance programs, C&L's objective is not to provide an opinion on overall compliance with such provisions. VII. As required by government auditing standards, C&L will prepare a separate written report on their test of compliance with applicable laws and regulations. This report will contain a statement of positive assurance on those items which were tested for compliance, negative assurance: on those items not tested, and a description of all material instances of noncompliance. VIII. As required by OMB Circular A-128 C&L will consider and test the City of Lubbock's internal control structure policies and procedures used in administering federal financial assistance programs. Based on this consideration and these tests, C&L will assess risk and determine the nature, timing, and extent of testing compliance with requirements that, if not complied with, could have a material effect on a major federal financial assistance program. Also, in connection with C&L's audit of the financial statements or C&L's consideration of the internal control structure over federal financial assistance programs, if C&L selects a transaction for testing that is applicable to a nonmajor program, C&L will also test: it generally for compliance with laws and regulations. In accordance with OMB Circular A-128, C&L will prepare the following separate written reports: Schedule of Federal Financial Assistance Internal Control Structure Relevant to Federal Financial Assistance Programs Compliance with Specific Requirements of Major Federal Financial Assistance Programs Compliance with General Requirements of Major Federal Financial Assistance Programs Compliance with Requirements of Nonmajor Federal Financial Assistance Programs for Items Tested and Negative Assurance about Items Not Tested September 13, 1990 Page 663 IX. C&L will also issue separate reports on Civic Lubbock, Inc., Lubbock Board of City Development, Lubbock Firemen's Relief and Retirement Fund and the City's Electrical Enterprise Fund. X. At the conclusion of the engagement, the City of Lubbock's management will provide to C&L a representation letter that, among other things, will confirm management's responsibility for the preparation of the financial statements in conformity with generally accepted accounting principles, the availability of financial records and related data, the completeness and availability of all minutes of the City of Lubbock meetings, and absence of irregularities involving management or those employees who have significiant roles in the control structure. XI. C&L. understands that their reports on the internal control structure as part of the financial audit and on compliance with laws and regulations are intended for the information of the management and others within the organization. This restriction is not intended to limit the distribution of this report which is a matter of public record. XII. Coopers & Lybrand, as well as all other major accounting firms, participates in a "peer review" program, covering their auditing and accounting practices. This program requires that once every three years C&L subjects their quality assurance practices to an examination by another accounting firm. As part of the process, the other firm will review a sample of C&L's work. It is possible that the work C&L performs for the City may be selected by the other firm for their review. If it is, they are bound by professional standards to keep all information confidential. If the City objects to having the work done for the City reviewed by the peer reviewer, the City will notify C&L in writing. XIII. Coopers & Lybrand's fee, including out-of-pocket expenses, will be $78,000 for the 1990 audit of the City of Lubbock's general purpose financial statements and for performance of the Single Audit of Federal Financial Assistance Programs for the period specified in II above. Monthly progress billings will be generated on the basis of hours of work completed. September 13, 1990 Page 664 x1V. It is further agreed between the parties determining the place of the agreement and the this agreement is entered into in the City and Texas, and shall be governed by the laws of the CITY OF LUBBOCK Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ J. Robert Massengale- --- Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Manager that for the purposes of law governing the same, that County of Lubbock, State of State of Texas. COOPERS & LYBRAND js1 John W. Burdette JOHN W. BURDETTE, PARTNER WITNESSED BY: Is/ Ben F. Robinson Ben F. Robinson, Partner At the City Council work session of August 9, 1990, the City Council directed Staff to proceed with negotiations of an Agreement with Coopers & Lybrand, Certified Public Accountants, for auditing services for the City of Lubbock. This Agreement will be for five years and the City Council will have the opportunity to annually consider the fee arrangement with Coopers and Lybrand. The negotiated fee for the fiscal year ending September 30, 1989 is $78,000, $2,000 less than the fee that was paid to Mason Warner for the last fiscal year audit. This fee will include the Firemen's Retirement Fund, Civic Lubbock, Inc. and the Board of City Development. Additional audits (associated with the City of Lubbock audit) that will be performed by Coopers and Lybrand are the Chamber of Commerce, Visitor's and Convention Bureau, Cultural Affairs, COMA, Black Chamber of Entrepreneurs, and the Transit Management Contract. The estimated total of these additional audits is approximately $17,000. Staff recommended approval of the Resolution. Motion was made by Councilman Phillips, seconded by Councilman Trejo to authorize Resolution #3444 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-664-481 (27.) Consider Resolution #3445-designating Records Management Officer. RESOLUTION #3445 WHEREAS, Section 203.025 of the Local Government Code requires the governing body of each local government to designate a records management officer for the local government; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: September 13, 1990 Page 665 THAT the City Secretary fo the City ❑f Lubbock is hereby designated the records management officer ❑f the City of Lubbock pursuant to V.T.C.A., Local Government Code, Sec. 203.025; and THAT a copy of this Resolution shall be forwarded to the executive and administrative officer of the Texas State Library and Archives Commission within 30 days after the date of this designation. Passed by the City Council this 13th day of September, 1990. /s/ B. C. McMinn w _ B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: IsZ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A new Texas Local Government Records Act, which became effective September 1, 1989, mandates that each local governmental body designate a Records Management Officer. The Act further stipulates that the name or office so designated be reported to the Texas State Library. The Records Management Officer is responsible for assisting in establishing policies and procedures for a records management program for the City; for administering the program; for providing assistance to custodians of the departmental records; and for filing appropriate schedules and requests with the State Library. The Resolution recommended designates that the person holding the office of City Secretary be designated Records Management Officer. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3445 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-498-665-482 (28.) Consider Resolution #3446 establishing communication channels for Council appointed positions._ RESOLUTION #3446 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Attorney and the City Secretary will communicate with the City Manager on a daily basis or as necessary to ensure smooth and efficient operation of the City's business; such communication shall not circumvent the intent of the City Charter, Chapter 1, Article X, Section 4; and THAT should circumstances prevent such communication, the City Manager, the City Attorney, or the City Secretary should immediately contact, the Mayor or the City Council for a resolution of the issue. September 13, 1990 Page 666 Passed by the City Council this 13th day of September, 1990 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/-Bob Cass /s/ Donald G. Vandiver Bob Cass, Deputy City Manager Donald G. Vandiver, First Assistant City Attorney Motion was made by Mayor Pro Tem Baker, seconded by Councilman Trejo to authorize Resolution #3446 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-666-483 (30.) BID #10867--PVC pipe (Central Warehouse). 90-49B-666-484 (31.) Western Industrial Supply--6" PIP Pipe; 8" PIP Pipe; 18" PIP Pipe. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. RESOLUTION #3447 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 Saunders Construction for drainage improvements for Phil Hoel & Stumpy Hamilton Parks, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 13, 1990 Page 667 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of September, 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 Saunders Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mientioned, 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. 10793 - DRAINAGE IMPROVEMENTS FOR PHIL HOEL & STUMPY HAMILTON PARKS IN THE AMOUNT OF $36,405.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST.: s Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Saunders Construction Company 4405 Cllovis Road Lubbock, Texas 79407 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City SAUNOERS CONSTRUCTION COMPANY /s/ TITLE: President ATTEST: /s/ Secretary Saunders Construction --Base bid. September 13, 1990 Page 668 Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3447 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-668-485 (32.) BID #10821--i M Controller and Modem Information Services). IBM Corporation --IBM 3174 Controller w/1nternal Mux, Model 11R. GFC, Greers Ferry Corporation --IBM 7861-15 Modem, Sync, No Switch, 1 Port. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-668-486 (33.) BID #107 --Office furniture - Municipal Hill Operations Center, and authorize -same (Building Services). RESOLUTION #3448 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 Hester's Office Center for office furniture for Municipal Hill Operations 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 13th day of September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Gene Eads Gene Eads, Purchasing Manager Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sj Harold Willard Harold Willard, Assistant City Attorney BE IT RE►OLVED 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 The Baker Company for office furniture for Municipal Hill Operations 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. September 13, 1990 Page 669 Passed by the City Council this 13th day of September, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of September, 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 Hester's Office Center of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10785 - OFFICE FURNITURE FOR MUNICIPAL HILL OPERATION CENTER IH THE AMOUNT OF $88,395.75 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment an account thereof as provided therein. September 13, 1990 Page 670 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 Bovd_, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Nester's Office Center 1216 Avenue J Lubbock, Texas 79401 STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS (OWNER) Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City HESTER'S OFFICE CENTER Is1 TITLE: President ATTEST: s Secretary CONTRACT THIS AGREEMENT, made and entered into this 13th day of September, 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 The Baker Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO.. 10785 - SHELVING FOR MUNICIPAL HILL OPERATION CENTER IN THE AMOUNT OF $15,395.60 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. September 13, 1990 Page 671 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 Egyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: The Baker Company 1301 13th Street Lubbock, Texas 79401 90-498- f571-487 CITY OF LUBBOCK, TEXAS (OWNER) Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Ise Harald Willard Harold Willard, Assistant City THE BAKER COMPANY /s/ TITLE: President ATTEST: /5/ Secretary Nester's Office Center --Office Furniture. The Baker Company --Shelving. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem. Baker to authorize Resolution #3448 as recommended by Staff. Motion carried: 7 Yeas; 0 days. (34.) RFP #10794--Municipal Lease financing for ardself loading scraper —and authorize same Financial Services). RESOLUTION #3449 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 Chrysler Capital for Municipal Lease Financing for 23 yard self -loading scraper, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 13, 1990 Page 672 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of September, 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 Chrysler Capital of the City of Kansas City, and the State of Missouri, 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: RFP NO. 10794 - MUNICIPAL LEASE FINANCING FOR 23 YARD SELF -LOADING SCRAPER IN THE AMOUNT OF $278,961.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, suibject 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: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Chrysler Capital 106 W. 11th Street, Suite 1530 Kansas City, Missouri, 64105 CITY OF LUBBOCK, TEXAS (OWNER) Is/ 8. C. McMinn 8. C. McMINN, MAYOR APPROVED AS TO FORM: Isj Harold Willard Harold Willard, Assistant City CHRYSLER CAPITAL I5I TITLE: President ATTEST: IsI Secretary September 13, 1990 Page 673 90-49B-673-488 (35.) 90-49B-673-489 Chrysler Capital, Kansas City, Ks. --Interest Rate; Term; Payment Factor; Number of Payments; Amount Finance. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3449 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10755--Self loading scraper (Central Garage). West Texas Equipment --I ea. 23 Yard Self Loading Scraper 5-953. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (36.) BID #10756--Financial Collection Services, and authorize same (Financial Services). RESOLUTION #3450 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 Retail Merchants for financial collection services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: LsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney 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 Collectech Diversified for financial collection services, 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. September 13, 1990 Page 674 Passed by the City Council this 13th day of September, 1990. Is B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of September, 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 Retail Merchants Association of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10756 - FOR FINANCIAL COLLECTION SERVICES IN THE AMOUNT OF $9,500.00 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 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. September 13, 1990 Page 675 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: Retail Merchants Association P.O. Box 2249 Lubbock, Texas 79408 STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sl Harold Willard Harold Willard, Assistant City RETAIL MERCHANTS ASSOCIATION /s1 TITLE: President ATTEST: Is1 Secretary CONTRACT THIS AGREEMENT, made and entered into this 13th day of September, 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 Collectech Diversified 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 mientioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CDNTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO.. 10756 - FOR FINANCIAL COLLECTION SERVICES IN THE AMOUNT OF LP&L - 30% WATER & SEWER - 10% PAVING - 10% CIVIC CENTER - 10% WEED MOWING - $4,500 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted September 13, 1990 Page 676 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) Is1 Ranette Boyd City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Collectech Diversified #22 Briercroft Office Park P.O. Box 12027 Lubbock, Texas 79452 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard Harold Willard, Assistant City COLLECTECH DIVERSIFIED 1SZ TITLE: President ATTEST: 5 Secretary Retail Merchants Association --Checks. Collection Diversified, Inc.--LP&L Delinquent Accounts; Weed Mowing Delinquent Accounts; Water & Sewer Delinquent Accounts; Paving Delinquent Account; Civic Center Delinquent Accounts. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3450 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-498-676-490 (37.) BID #10827--Commercial capacitors_ICentral Warehouse}_ Cummins Supply--50 ea. 591040001 7200V 200KVAR Power Capacitor; 50 ea. 591040002 7200V 100KVAR Capacitor. Temple Inc.--20 ea. 591040003 Capacitor Rack. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-•676-491 (38.) BID #10791--Police Academy electrical renovation. and authorize same (Building Services). RESOLUTION #3451 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 Brandon & Clark for electrical renovations for the Police Academy, attached herewith, which shall be September 13, 1990 Page 677 spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. s B. C. McMinn B. C. McMINN, MAYOR 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 APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney 'THIS AGREEMENT, made and entered into this 13th day of September, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to do so, hereinafter referred to as DWNER, and Brandon & Clark of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNES'SETH: 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.. 10791 - POLICE ACADEMY ELECTRICAL RENOVATION IN THE AMOUNT OF $9,820.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore,,subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. September 13, 1990 Page 678 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette_Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Brandon & Clark 3623 Avenue H Lubbock, Texas 79404 90-49B-678-492) /s/ B. C. McMinn 8. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City BRANDON & CLARK Is/ TITLE: President ATTEST: s Secretary Brandon & Clark --Base Bid. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3451 as recommended by Staff. Motion carried: 7 Yeas; O Nays. (39.) BID #10792--Godeke Library renovations, and authorize same (Building Services). RESOLUTION #3452 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 Eagle Building & Development, Inc. for renovations for Godeke Library, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. ATTEST: s Ranet:te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney September 13, 1990 Page 679 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this I3th day of September, 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 Eagle Building & Development, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 110792' - GODEKE LIBRARY RENOVATION IN THE AMOUNT OF $16,980.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement: in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Eagle Building & Development, Inc. Rt 7, Box; 247-B Lubbock, Texas 79401 CITY OF LUBBOCK, TEXAS (OWNER) jsZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City EAGLE BUILDING & DEVELOPMENT, INC. Is1 TITLE: President ATTEST: Is1 Secretary Eagle Building & Development, Inc. --Base Bid. September 13, 1990 Page 680 Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3452 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-498-680-493 (40.) BID #10B10--Water Coagulant Control -System. and authorize same (Water Treatment). RESOLUTION #3453 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 Triple F Systems, Inc. for the water coagulant control systems, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1990. Zsj B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: Zs/ Harold Willard _ Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of September, 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 Triple F Systems, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10810 - WATER COAGULANT CONTROL SYSTEMS IN THE AMOUNT OF $14,947.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. September 13, 1990 Page 681 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s Ranette Boyd_ City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Triple F Systems, Inc. P.O. Box 1260, Amarillo, Texas 79105 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City TRIPLE F SYSTEMS, INC. 151 TITLE: President ATTEST: Is1 Secretary Triple F Systems, Inc. --Base Bid. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3453 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-681-493 (41.) BID #10831--Sale of scrap metal (Central. Warehouse). Jarvis Metals --Capper Scrap Pricing % of Houston Market High #2 Copper -Am Metals Market; Aluminum Scrap Pricing Io of Houston Market High Old Sheet Alum -AM Metals Market. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-681-494 (42.) BID #10800--Turf equipment repair, parts pricing (Parks and Recreation), Hurst Farm Supply --Percent Discount John Deere Repair Parts Tractors; Percent Discount John Deere Repair Parts Turf Equipment. Jacobsen Turf & Commercial --Percent Discount Jacobsen Repair Parts Turf Equipment. Alamo Group --Percent Discount Terrain King Repair Parts Mowers; Percent Discount Matt Repair Parts Mowers. Western Implement --Percent Discount Dandl Repair Parts Mowers. September 13, 1990 Page 682 90-49B-682-49r, (43.) (29.) (44.) 90-49B-682-497 (45.) 90-49B-682-498 (46.) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10798--Portable bleachers Parks and Recreation). Modlin Recreation Equipment Co.--20 ea. Bleachers, Portable Non -Elevated, Five 15' Rows/Unit. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Hold an Executive Session to discuss personnel. matters regarding duties, responsibilities, and/or appointments to Urban design and Historical Preservation Commission Zoning Board of Adjustment 14, 1990._ Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Robert Campbell and Michael Atcheson to the Urban design and Historical Preservation Commission. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Zoning Board of Adiustme t to fill the unexpired term of Jahn_ Roark. This term will expire January 28,1992. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Ron McEaurin to the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. September 13, 1990 Page 683 There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilwoman Trejo to adjourn the meeting at 11:40 a.m. Motion carried: 7 Yeas; 0 Nays. 13. C. MMcMIN , MAYOR ATT T: a ette Boyd, ity 5 cretary READ AND APPROVED THIS 27TH DAY OF SEPTEMBER po'. Ay IF Mc INN, MAYOR ATTE � �._ anet e Boyd, City Se&btary R-581 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances Hernandez a Notary Public in and For Lubbock Countv. Texas on this day personally appeared T . J - - glTf 7_ _] 7 ,Acceunt.An a °' a of the Southwestern Newspa- pers Corporation. publishers of the ],uhhock Avalanche -Journal — Morning, Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this _ LegaI N0797850 at Lubbock Countv. Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was print d in the Lubbock Avalanche -,Journal on the following dates: 5eDt . 15 , 22-. 1990 - [ d - - — Account anager LUBBOcK_,X1jA1 AN('HV.-' URNAL Southw SECOND poration READING ORDINANCES ORDINANCE NO.9375 Su bsc ri AN ORDINANCE ABANDON- ING AND CLOSING PORTIONS OF AN ALLEY LOCATED ADJA- CENT TO TRACT "A".GH A REPLAT OF LOTS 1 THROU9, FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE 800Y OF THIS ORDINANCE: DIRECT- ING THE CITY ENGINEER TO FORM 58 MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAfO A BAN DDNME NT AN CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. re me this 7N day of ORDINANCE NO.9377 AN ORDINANCE AMEND- ING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK � MAKING THE FOLLOWING CHANGES: 20NE CASE NO. 2654, A ZONING CHANGE FROM R-1 TO A-2 ZONING. LIMITED TO CHURCH USES, ON TRACT A, a Dnnn%?. MW -n.1 r'­ NY 4LI&AUL119 NOTARY PUBLIC in and for the 5t a gtTe�l1as My Commission Expires I— _ _ ;•�7,?:lGi~`. Ni:I?yA1tiI]Fl Nly (:.]m�IS5H7r1 i.xA�rec 7.5-93