HomeMy WebLinkAboutMinutes - City Council - Regular - 2/28/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 28, 1991
2:30 P.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 28th day of February, 1991 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 P.M.
Present: Mayor B. C. McMinn, Mayor Pr❑ Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry
J. Cunningham, City Attorney Jahn C. Ross, Jr., and City Secretary
Ranette Boyd.
Mayor McMinn called the meeting to order at 2:30 P.M.
( l.j The Invocation was given by Mayor Pro Tem T. J.
Patterson.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
[ 3.) Motion was made by Mayor Pr❑ Tem Patterson, seconded
by Councilman Phillips to approve the Minutes of the
February 14, 1991 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
91-50A--109-105
(14.) Consider request of Tamarack Petroleum Company, Inc.
for bond reduction on West Lee Harrison Unit #28.
This request is provided for by Section 24-128(a) ❑f
the Code of Ordinances. When a well is completed,
the permittee may request a reduction in the bond or
Letter of Credit from $25,000 to $10,000.
Drilling operations have been completed. A letter
requesting reduction of these bonds was submitted to
the Planning Department on January 29, 1991. Staff
recommended approval of this reduction.
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to approve request of Tamarack
Petroleum Company, Inc. for bond reduction on West
Lee Harrison Unit #28 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 110
91-50A-110-106
(15.)
RESOLUTION 43548
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
Permit to Clawson Geophysical Company to conduct geophysical operation
upon lands owned by the City of Lubbock, attached herewith, which shall
be spread uipon the minutes of the Council and as spread upon the minutes
of this Couincil shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 28th day of February, 1991.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATT EST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy,
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of the Permit is filed with Resolution 43548.
This request for a Seismic Survey from Dawson is the
third in the last two years. This proposed survey is
across Section 78, Block 5, Garza County, in an
east -west direction for one mile, and Section 78 is
one of the sections purchased by the City for
wildlife mitigation purposes. The City will receive
$1,000 for the seismic work, and the route will not
interfere with the archaeological sites. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution 43548
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 28, 1991
Page 111
91-50A-111-107
(16.) Consider Resolution #3549 authorizing the Mayor to
execute a Street Use License for an underground
communication cable to American Telephone and
Telegraph (through east and south Lubbock
RESOLUTION 3549
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Street Use License Agreement with American Telephone and Telegraph,
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 28th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROV1=p AS TO CONTENT:
s Ed Bucy,
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/sj Harold Willard
Harold Willard, Assistant City Attorney
February 28, 1991
Page 112
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 28th day ❑f February, 1991, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and AMERICAN TELEPHONE AND TELEGRAPH, a New York
Corporation, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and
license to use portions of dedicated streets for a subsurface fiber
optic communications cable, to -wit:
TRACT 1
BEGINNING at a point in City of Lubbock Right -of -Way on the
North side of East Broadway Street directly East of Zenith
Avenue;
THENCE continuing West on Broadway Street across Quirt
Avenuie, across Avenue A to Avenue M;
THENCE Northward along the East side of Avenue M to a point
in the East-West alley South of Main Street;
THENCE West across Avenue M to the East side of the AT&T
Building;
THENCE South from the alley South of Main Street along the
West side of Avenue M in City R.O.W. to a point in the South
R.O.W. line of 19th Street;
THENCE Westward along the South R.O.W. line to Avenue N;
THENCE South along the West R.O.W. line of Avenue N to 23rd
Street;
THENCE West along the South R.O.W. line of 23rd Street to
the West side of Avenue P;
THENCE South along the West R.O.W. line of Avenue P to a
point in the Northeast R.O.W. line of Avenue Q, point being
South of 53rd Street;
THENCE Southwestward across Avenue Q to a point in the
Southwest R.O.W. line;
THENCE Southeastward along the Southwest R.O.W. line of
Avenue Q to a point in the West R.O.W. line of Avenue P;
THENCE South along the West R.O.W. line of Avenue P to a
point 660 feet South of 98th Street.
TRACT 2
Along the South R.O.W. line of 114th Street East of
University Avenue for 660-feet and along the East R.O.W.
line of University Avenue South of 114th Street for 660-feet
(portion being inside of the City limits of Lubbock).
Total of 42,546 linear feet for the two tracts.
February 28, 1991
Page 113
The term of this grant shall be for five (5) years from date
hereof, and shall be, by mutual agreement, extended for successive five
(5) year terms not to exceed twenty (20) years in any event unless
either party shall give written notice of termination to the other party
before the expiration of the first, second or third five (5) year term,
as the case may be, and the CITY OF LUBBOCK retains the right at its
election to cancel and revoke this license with or without cause upon
notice to LICENSEE. Said notice shall be deemed properly served if
deposited in the post office, postage paid, addressed to LICENSEE at
ATTN: Robert Summey, FLOC 21E19, 1200 Peach Tree St., Atlanta, GA 30309,
or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of the license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK. In the
event LICENSEE fails or refuses to remove such improvements after demand
by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and
remove or cause to be removed such improvements, and the expense
incurred shall be assessed against LICENSEE, for which LICENSEE shall be
1 i abl e .
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of NINE THOUSAND EIGHT HUNDRED TWENTY-EIGHT ANO
13J100 ($9,028.13) DOLLARS cash in advance contemporaneously with the
acceptance and execution hereof by LICENSEE for the first five (5) year
term of this license, and thereafter such rate of compensation may be
changed for each succeeding five (5) year term by the CITY OF LUBBOCK to
a rate of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK and an appraisal
of the fair market value of such land by the Right -of -Way Department of
the CITY OF LUBBOCK as applied to the formula for determining such rate
established by the City Council. If such rate is not changed by the
CITY OF LUBBOCK, the rate for the preceding five (5) year tern shall
apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in
rates in writing before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made,
then the rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all claims or costs of any nature
whatsoever arising out of the exercise of this license herein granted,
including but not limited to the replacement and repairing of paving,
sidewalks and utilities of any nature occasioned by the construction
authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the relocation,
rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the
CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the
CITY OF LUBBOCK or such utility, as the case may be, for its expense in
relocating, rerouting or realigning in addition to any other sums which
this license requires LICENSEE to pay.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all of the above described property, then and
in that event said LICENSEE, its successors and assigns, will at all
times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its
agents, servants and employees harmless from any and all claims,
demands,, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
February 28, 1991
Page 114
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work
to be done by such contractors. The CITY OF LUBBOCK may further require
any of said contractors, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory
to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement, and
a certified copy of a policy of public liability insurance assumed by
said contractors in said agreement with the CITY OF LUBBOCK. The CITY
OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any
costs or expenses or the payment of any such claims or demands in order
to give LICENSEE a reasonable opportunity to settle or adjust the same.
CITY shall not be liable to LICENSEE for any damages to LICENSEE's cable
licensed hereunder arising out of the construction, reconstruction or
maintenance of the CITY's street or any of CITY's utilities in the area
occupied by LICENSEE's cable.
is. LICENSEE agrees and is required to furnish a policy of
public "liability and property damage insurance, within limits specified
by, and in a form satisfactory to, the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
'1. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the LICENSEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph four
(4).
February 28, 1991
Page 115
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
/sZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 28th day of February, 1991.
AMERICAN TELEPHONE AND TELEGRAPH
BY:
J.L. VOTRAW, RESIDENT ENGINEER
APPROVED AS TO CONTENT:
Z—sl Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE I3F TEXAS §
COUNITY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMINN, MAYOR,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and
consideration therein expressed and in the capacity herein stated.
1991.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of March,
/s/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
February 28, 1991
Page 116
THE STATE OF OKLAHOMA
COUNTY OF TULSA §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared J.L. VOTRAW, known
to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated as the act and deed of AMERICAN TELEPHONE AND TELEGRAPH.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
• 1991.
Notary Public, Lubbock County,
Texas
This Resolution authorizes the Mayor to sign a
Street Use License to allow AT&T to enter the City
at East Broadway, continue to the AT&T Building at
Avenue M, then turn southward down Avenue M to 19th,
19th to Avenue N, Avenue N to 23rd, 23rd to Avenue
P, and then down Avenue P t❑ the Lubbock City
Limits. It will again enter the City Limits at
114th Street and University for 1,320'. This fiber
optics cable is being brought down from Amarillo
through Plainview, Lubbock, to Lamesa, and will
travel through the City for 42,546' to occupy a one -
foot wide area. The cable will be tunneled under
the sidewalks in many places to avoid street damage.
AT&T and its contractor, Communication Specialties,
Inc., began working with the City and all other
utility companies in October to select a route and
to discuss construction procedures approved by the
City. This License will be for 20 years, and AT&T
will be charged $9,B28.13 for each 5-year term, or
$1,965.62 per year. This value was calculated by
giving a value to the footage through each section
of the City as follows: downtown area $4 per
square foot; residential areas at 35t per square
foot; unplatted areas 200 per square foot. Adding
these values and dividing them by 42,546 (total
footage) came to a 77t per linear (or square) foot
value. Construction is to begin in March, and all
utilities issues have been addressed. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Phillips to authorize Resolution #3549
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 28, 1991
Page 117
91-50A-117-108
(17.)
ORDINANCE #9418
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF SPRUCE AVENUE AS
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This 50' X 312.50' portion of Spruce Avenue is south
of East 10th Street and east of Quirt Avenue,
between Block I and Block 2, Gearhart Subdivision.
The proponent of this closure is Loy McGee,
President of Harmon Tank Company, and the reason for
closure is for building and security purposes.
Total area being closed is 15,625 square feet, and
the Appraisal Office has valued this property at 4t
per square foot; therefore, Harmon Tank Company will
pay the City $625.
The area being closed is a dirt street with little
or no through traffic. The business owner to the
south has given his permission and support for this
street closure.
In most cases, when a street is closed, a cul-de-sac
is dedicated, but in Mr. McGee's case the dedication
of cul-de-sac on this property would ruin the
proposed building plans since the only remaining
building area on his lot is where the cul-de-sac
would be located. The property owners to the south
of Mr. McGee either don't want to dedicate a cul-de-
sac, or don't own a large enough portion of land to
do so. He is therefore requesting this closure
without requirement having to dedicate a cul-de-sac,
pending Planning and Zoning approval of a replat.
Since there is an east -west alley along the south
portion of the street area being closed, traffic
using Spruce Avenue north of Broadway can use this
alley for a turn -around. Staff foresees no problems
with utilities or relocation, and the Right -Of -Way
Department recommended this closure. Staff
recommended approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9418 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 118
91-50A-118-109
(18.) Consider Resolution #3550 authorizing. the Mayor to
sign Addendum No. 1 to Lease Agreement with American
Airlines, Inc.
RESOLUTION #3550
BE IT RESOL►!ED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement Modifying Certificated Passenger Airline Lease by and between
the City of Lubbock, Texas, and American Airlines, Inc., attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of February, 1991.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST,:
Zsl Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Vase
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s H *old Willard
Harold Willard, Assistant City
Attorney
Addendum #1 to Lease Agreement is filed with Resolution #3550.
This is for approval of an Addendum to the Airline
Lease Agreement between the City of Lubbock and
American Airlines. American has been abiding by the
terms of this Agreement even though the document was
just recently executed by their officers. This
Agreement brings American Airlines into alignment
with the Standard Airline Lease Agreement provisions
binding all LIA's tenant airlines.
American Airlines has approximately 5,550 square
feet exclusive space currently leased at the LIA
terminal, and pays almost $270,000 annually to
Lubbock International Airport in rent and fees.
American has been in the Lubbock market since 1981
and, according to most recent statistics, is the
second largest carrier in passengers boarded. Staff
recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3550 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 28, 1991
Page 119
91-50A-119-110
(19.)
RESOLUTION 93551
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 Lease
Agreement with Metroflight Inc. d/b/a American Eagle, 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 28th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST,:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 fig -n E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City Attorney
Airline Lease Agreement is filed with Resolution #3551.
This Agreement allows American Eagle to operate as
an FAA Certified Air Carrier providing services
through Lubbock International Airport. American
Eagle operates through a Marketing Agreement with
American Airlines, who handles all their ticketing,
baggage handling, boarding passengers, and ramp
operations and therefore has no need to lease
exclusive space in the terminal building. The
remainder of the Agreement is standard with all
Lubbock's Airline Lease Agreements. American
Eagle's Lease is for one year, which classifies them
as "Standard Short -Term Tenant", and requires them
to pay 125% of the landing fees assessed to the
Standard Long -Term Tenants.
American Eagle began service to Lubbock on November
15, 1990, with two flights per day has added an
average of $3,000 per month to airport income. This
revenue is from common boarding area charges,
baggage claim charges and security charges in
addition to landing fees. Revenue from the Lease
will increase as service and passenger count
increases. Staff recommended approval.
February 28, 1991
Page 120
91-50A-120-111
(20.)
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3551 as recommended by Staff. Motion carried: 1
Yeas; 0 Nays.
RESOLUTION #3552
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
Health Services Agreement and associated documents by and between the
City of Lubbock and Guadalupe Economic Services Corporation, which
agreement is attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 28th day of February, 1991.
Is1 B. C. McMinn
B. C. McM1NN, MAYOR
ATTEST:
/— I anette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s1 )oug G❑odman
Doug Goodman, Public Health
Administrator
APPROVED AS TO FORM:
/ [)onald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
February 28, 1991
Page 121
STATE OF TEXAS §
HEALTH SERVICES AGREEMENT
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock and Guadalupe Economic Services
Corporation (GESC), after deliberate and lengthy consultations, have
determined that it would be more advantageous to the community for the
GESC Homeless Program to perform and provide health related services to
the community at the Lubbock City Health Department (LCHD); NOW
THEREFORE:
WITHESSETH:
Article 1. Scope of Work. LCHD will use direct assistance and/or
financial assistance from GESC to provide clinical health services to
the approximately 2,400 community individuals classified as homeless by
GESC. These services shall include, but are not limited to, primary
health care, preventive health care, and dental services. Patients with
primary care needs who are being seen in other programs located at the
LCHD shall be seen by the medical staff funded under this Agreement as
time allows during the term of this Agreement. Both GESC and LCHD agree
that no person will, on the grounds of race, creed, color, handicap,
national origin, sex, political affiliation or beliefs, be excluded
from., be denied the benefit of, or be subjected to discrimination under
any program or activity funded in whole or in part under this Agreement.
Article 2. Direct Assistance. LCHD and GESC will agree upon all
duties and performance standards of GESC employees assigned to the LCHD
facility. All employees while working at LCHD will be under the
supervision of City staff. The personnel to be funded by GESC shall
include a physician, LVN, and clerical worker to work at the LCHD 32
hours per reek. Direct financial assistance shall include the following
items:
Salaries
Fringe benefits
Supplies
Medications.
LCHD agrees that all services available to patients seen at LCHD will
also be available to patients seen by GESC supported staff. LCHD also
agrees to supervise GESC supported staff and to provide office space,
storage space, and patient examination equipment as provided to other
LCHD programs.
Article 3. Term of Agreement. This agreement shall commence on
the list day of march, 1991, and shall continue for one year, unless it
shall be continued for successive one year terms thereafter by mutual
consent of the parties. Termination of this agreement may be
accomplished by either party upon 90 days written notice prior to
termination.
Article 4. Funding. This agreement is contingent upon funding
being available for the term of this contract. If funds become
unavailable, this agreement shall be terminated in accordance with the
terms of Article 3.
Article 5. Amendments. This agreement shall only be amended by
mutual consent of the parties hereto as expressed in writing and duly
executed.
Article 5. Applicable Law and Standards. This agreement shall be
governed by the laws of the State of Texas and applicable to state or
federal regulations, including grant requirements imposed by funding
sources. Both parties hereto agree that V.T.C.S. Article 4413(32g),
Uniform Grant and Contract Management Standards, and the UGCMS Manual,
as amended, shall be utilized in the management of this agreement and
are adopted by reference herein.
February 28, 1991
Page 122
Article 7. Client Records and Confidentiality. All client
records shall be the property of LCHD. GESC retains the right to have
access to such records as pertain to this Agreement or to obtain copies
of such records for audit, litigation, or other reasons that may arise.
If at any time this Agreement is terminated, GESC may require the
transfer of client records to such other entity as may be designated by
GESC to continue such services in place of LCHD. Both LCHD and GESC
shall have a system in effect to protect from inappropriate disclosure
patient retards and all other documents deemed confidential by law which
are maintained in conjunction with the activities performed and funded
by this Agreement. Any disclosure of confidential patient information
by either party, shall be in accordance with applicable law. Reports of
health services performed by LCHD shall be submitted to GESC in a format
and time frame agreed upon by both parties hereto.
Article 8. Fees for Service/Income. LCHD will charge fees for
services performed under this Agreement based upon a sliding scale.
Patient income used to determine the amount to be paid shall be
determined by GESC. Fees will be returned to GESC to be used for
expansion of primary care services. No patient will be turned away
because of the inability to pay for services.
Article 9. Insurance. GESC will purchase and maintain in effect
insurance to cover the activities performed pursuant to this Agreement
naming both GESC and LCHD as co-insured. Such insurance shall include
the foil i owi ng:
a) Medical malpractice and general liability on the program and
employees of the program in an amount of not less than
$1,000,000.00.
b) Worker's compensation for employees of the program.
c:) Directors and officers errors and omissions insurance for
directors and officers of the program.
(1) Non -owned and hired automobile liability insurance in at
least state required minimum amounts for vehicles used in
conjunction with the program.
February 28, 1991
Page 123
ej Fidelity bonds on all employees of the program in an amount
of not less than $1,000.00.
fj Replacement costs insurance on all items and supplies used
by the program.
EXECUTED this 28th day of February, 1991, at Lubbock, Texas.
GUADALUPE ECONOMIC SERVICES
CORPORATION:
BY1s1 R chiard Lopez
Executive Director
Title
CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Public Health
Administrator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Guadalupe Economic Services Corporation requested
City of Lubbock assistance in providing health
services to Lubbock's homeless population. Section
340 of the Public Health Services Act states that
the goal of the Health Care for the Homeless Grant
is to provide for the delivery of health services to
homeless individuals by "providing funds to
stimulate and encourage local public and private
agencies to increase their efforts to improve the
health status of homeless individuals". The forming
of cooperative agreements between local, state and
federally funded health care providers is
recommended by the Public Health Service, the Texas
Department of Human Services, the Texas Department
of Health, and the United States Conference of
Health Officers.
The provisions of the Agreement are as follows:
1. Guadalupe Economic Services
Corporation (GESC) will place a
physician, a Licensed Vocational
Nurse, and a clerical worker at the
City of Lubbock Health Department
(LCHD) 32 hours a week.
2. The LCHD and GESC will mutually
agree upon all duties and
performance standards for these
personnel; but they will he under
the direct supervision of the LCHD,
when on the LCHD site. Salary and
benefits to these personnel will be
paid by GESC.
February 28, 1991
Page 124
3. The GESC Staff will see patients
certified as homeless by the GESC
Staff.
4. GESC will provide all office and
medical supplies needed for the
operation.
5. The City of Lubbock will provide
office and examination rooms to see
patients and provide supervision ❑f
the employees.
5. Currently, the GESC Staff is
providing services to approximately
2,400 homeless individuals. When
the GESC Staff are not seeing
homeless patients, they will be used
to see patients currently receiving
services in the Health Department.
7. The physician can be used as a
consultant to the Staff and be
available to assist nurse
practitioners as needed.
8. The Agreement will begin on March 1,
1991 and continue for successive
one-year terms by mutual consent of
both parties. Either party can
terminate the Agreement with a 90-
day written notice.
9. All client records are confidential
and shall be the property of LCHD.
10. GESC will maintain Medical
Malpractice Insurance, as well as
Worker's Compensation, Directors and
Officers Omission, and Auto
Liability.
The current Agreement does not assess rent t❑ GESC.
GESC is agreeable to paying rent, and Staff hopes to
amend the Contract at a later date to include rent.
The Health Department plans to use any additional
dollars received in either rent or Medicaid, etc. to
expand services, possibly adding additional exam
rooms, expanding the parking lot, purchasing
additional equipment or adding Staff.
The addition of this program will increase the
current crowded conditions of the waiting room,
examining rooms, and parking area. However, because
of this association with GESC, the Health City
Department will qualify as a "Federally Qualified
Health Center" (FQHC) allowing reimbursement at 100%
of the department's reasonable cost for Medicaid and
Medicare services. City of Lubbock Staff will be
attending briefings by the State on being a
Federally Qualified Health Center, and will be able
to determine additional federal and State funding
available to the Health Department to extend
services. Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3552 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 28, 1991
Page 125
91-50A-125-112
(21.)
connection therewith. [Long -Range Improvements to
Wastewater Treatment Facilities.]
RESOLUTION #3553
WHEREAS, the City Council of the City of Lubbock, Texas hereby
finds and determines that there is an urgent need for the City to make
certain capital improvements to the City's wastewater facilities, and
deems it necessary to apply to the Texas Water Development Board for
financial assistance under the State Water Pollution Control Revolving
Fund (the "SRF") and;
WHEREAS, in accordance with the rules and regulations of the Texas
Water Development Board as set forth in State Revolving Loan Fund
Permanent Ruies, Chapter 375, the governing body of the City is required
to adopt a resolution to accompany such application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: That an application is hereby approved and authorized to
be filed with the Texas Water Development Board seeking financial
assistance under the SRF in the amount of $50,600,000 to finance the
costs of certain improvements and extensions to the City's wastewater
facilities (the "Project").
SECTION 2: That the City Manager of the City, Larry J. Cunningham,
is hereby designated the Authorized Representative of the City and is
hereby authorized to execute and submit to the Texas Water Development
Board the application for such financial assistance; and said City
Manager, together with bond counsel, financial advisor, and consulting
engineers named in such application, is hereby authorized to appear
before the Texas Water Development Board in support of such application
and Project.
SECTION 3: That said City Manager as Authorized Representative, is
further specifically authorized to make the required assurances to the
Texas Water, Development Board in accordance with the rules, regulations,
and pollicies of the Texas Water Development Board.
February 28, 1991
Page 126
SECTION 4: That a certified copy of this Resolution shall be
attached to the application for financial assistance herein authorized
to be prepared and submitted to the Texas Water Development Board.
PASSED AND ADOPTED, this the 28th day of February, 1991.
Is/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isf Ranette. Boyd
Ranette! Boyd, City Secretary
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald u. Vandiver, First Assistant
City Attorney
A copy of the Application is filed with Resolution #3553.
The City of Lubbock will be submitting formal
application to the Texas Water Development Board for
funding of Wastewater Treatment facilities through
the State Revolving Loan Fund program. The Board
has advised that total funding of the proposed $50.6
million project will be available for the City's
request through one application to the Board,
instead of multi -year funding as the Board had first
advised. Staff anticipates that the TWDB will give
the loan commitment on April 18, 1991. Additional
actions will be required of the City Council each
year over the next three years to consummate the
loan.
The SRF loan will be made in the form of
Certificates of Obligation with a combination sewer
revenue and tax pledge and will be supported totally
by sewer revenues will be in the form of draw -
downs of cash as needed to pay contractors. Staff
estimated that it will take approximately three
years to complete the project with most of the funds
being drawn in the second and third years.
Joe Smith, the City's Financial Advisor, has worked
with City Staff and Black and Veatch Engineers in
developing the formal application documents. The
City Council, by resolution, must designate an
authorized representative to execute these forms on
behalf of the City of Lubbock. Mr. Smith
recommended that the City Manager be appointed as
the authorized representative since he is the Chief
Executive Officer of the City.
The Resolution was prepared by Fulbright and
Jaworski, the City of Lubbock's Bond Counsel.
According to Staff comments, the SRF loan will save
the City of Lubbock substantial interest cost on
financing. Staff recommended approval of the
Resolution.
February 28, 1991
Page 127
Motion was made by Councilman Malay, seconded by
Councilman Aderton to authorize Resolution #3553 as
recommended by Staff. Motion carried: 7 Yeas; O
Nays.
91-50A-127-113
(22.) Consider Resolution #3554 authorizing the -Mayor to
execute an Agreement with Science Spectrum for land
acguisition and management of an Omnimax Theater.
RESOLUTION #3554
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 Land
Acquisition and Management Agreement between the City of Lubbock and
Science Spectrum, 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 28th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale,
Assistant City Manager
APPROVED AS, TO FORM:
Is1 Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
Land Acquisition and Management Agreement is filed with Resolution
#3554.
Council recently approved the City's participation
with the Science Spectrum for an Omnimax Theater.
Contracts with the Science Spectrum have been drawn
for this project so that Certificates of Obligation
and other long-term financing can be arranged for
theater capital improvements.
The key elements of the Contract are as follows:
1. The City of Lubbock will own, in all
respects, the land and facility with
the exception of the projector.
2. The projector will be leased for the
entire life of the Agreement.
February 28, 1991
Page 128
3. The City will be issuing $5,115,000
in debt in order to net a full $5
million for the project.
4. The debt will be broken down between
$4,030,000 in Certificates of
Obligation for the land and building
and an additional $1,085,000 in
contractual obligations will be
issued for the projector.
5. The $1,085,000 will be taxable debt
because the Internal Revenue Service
will not allow the tax-exempt
financing of equipment that will not
be owned in fee simple title.
6. The term of the Management Agreement
is 21 years from the date of the
opening of the theater. This is to
allow for a full 20 years of revenue
to the City. There will be no
revenue to the City through the
construction period and for one year
into the operation of the theater.
7. All revenue from the operation of
the Omnimax Theater will flow to the
City and then will be refunded on a
monthly basis back to the theater
less 1/12th of the $200,000 which
the City is to retain.
8. The City will have access to all
accounting records. All revenues
and expenses will be reported to the
City on a monthly basis. The
accounting reports for the operation
of the Omnimax Theater will be
included in the operating reports
for the City of Lubbock.
9. The relationship between the City of
Lubbock and the Science Spectrum
will be very similar to the
relationship between the City of
Lubbock and McDonald Transit for the
operation of the Citibus.
10. The Science Spectrum will be
responsible for the bidding and
construction of the facility. All
bidding laws that apply to the City
of Lubbock in this situation will be
complied with by the Science
Spectrum on the construction of this
facility.
11. The $650,000 price of the land is
the $600,000 paid by Science
Spectrum for the land plus con-
sultant cost for the project.
12. The property may be sold by
receiving bids and the successful
bid must be at least the greater of
the outstanding principal on the
bonds, the fair market value or the
20-year straight line depreciated
value of the property.
February 28, 1991
Page 129
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to authorize Resolution #3554 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-129-114
(23.) BID 1113 --199D Assessment Paving Program, and
authorize same (Str_e ts)
RESOLUTION #3555
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 C. B. Thompson
Construction for 1990 Assessment Paving Program for the City of Lubbock,
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 28th day of February, 1991.
Is/ 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
APPROVED AS TO FORM:
s Ha -old Willard
Harold Willard, Assistant City
Attorney
February 28, 1991
Page 130
CONTRACT
STATE OF TEAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 28th day of February,
1991 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 C. B. Thompson 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 IKO. 11137 1990 Assessment Paving Program (Streets) in the amount of
$1,21.99,881.95.
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
C. B. Thompson
CONTRACTOR
By:
TITLE:
February 28, 1991
Page 131
COMPLETE ADDRESS: C. B. Thompson Construction
3412 Joliet Drive
Lubbock, Texas 79413
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution 43555
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-131-115
(24.) BID 411202--Rental of 300HP Dozer fSol_id Waste).
West Texas Equipment Co. --Rental of 300HP Dozer with
Ripper attachment.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-5,DA-131-.116
(25.) BID #11050--Demolition of Canyon View Apartments,
and
authorize --same (Codes Administration).
RESOLUTION #3556
BE I'T 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 Lone Star Dirt & Paving
for demolition of Canyon View Apartments, Blocks 1 and 2, 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 28th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL tanette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Ha_ro7_d Wi 11 and
Harold Willard, Assistant City
Attorney
February 28, 1991
Page 132
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 28th day of February,
1991 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
do so, hereinafter referred to as OWNER, and Lone Star Dirt and Paving
Contractors of the City of Lubbock, County of Lubbock, and the State
Texas, hereinafter termed CONTRACTOR.
to
of
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 110. 11050 Demolition of Canyon View Apartments (Codes
Administration) in the amount of $59,700.00.
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:
Ls/ilanette Boyd
Secretary
APPROVED AS TO CONTENT:
Zsl Gene Eads
CITY OF LUBBOCK, TEXAS (OWNER)
Is1 B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is1 Harold Willard
ATTEST:
Lone Star Dirt & Paving Contractors
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Lone Star Dirt & Paving Contractors
Route 4 Box 598
Lubbock, Texas 79424
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3556
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 28, 1991
Page 133
91-50A-133-117
(26.) BID #11107--Office furniture (various departments).
Nesters Office Center--2 ea. Printer stand
24"WX30"DX29.25"H; 2 ea. Video terminal display
stand 48"WX30"DX29.5"H; 2 ea. Bookcase, metal
w/glass doors 36"WX13"DX56"H; 1 ea. Bookcase, metal
w/out glass doors 36"WX13"DX56"H; 2 ea. Bookcase,
metal w/glass doors 36"WX13"DX43"H; 3 ea. Bookcase,
metal w/out glass doors 36"WX13"DX43"H; 1 ea. Card
file cabinet 8-drawer; TIE BID ITEM 24--1 ea. card
file cabinet 8 drawer; 2 ea. Mobile pedestal; 1 ea.
Stacking chair, fabric seat, backrest; 1 ea.
stacking chiar polypropylene, seat/backrest; 8 ea.
chair, swivel/tilt, highback warm rests; 28 ea.
chair, swivel/tilt, med. back w/arm rests; 4 ea.
task stool w/foot ring; 4 ea. task chair,
swivel/tilt back, 1 ea. guest chair, armless low
back; 4 ea. guest chair, med. back warms; 1 ea.
conference chair, low back armless; 2 ea. chair,
executive high back; 1 ea. side chair, w/arms; 1 ea.
credenza, steel 60"WX20"DX29.5"H; 1 ea. desk, steel,
60"X30"; 1 ea. desk, steel 72"X36"; 1 ea. desk
Wright return, steel 60"X30"; 1 ea. conference
table, 42" round; 1 ea. conference table,
35"X48"X19211; 4 ea. folding table, 18"X72"; 1 ea.
folding table, solid core top 36"X96"; 1 ea. table
24"X24"X1611; 1 ea. table 30" round; 1 ea. table top,
42" round; 1 ea. table base 30" diameter; I ea. work
table 60"WX30"DX26.5"H; 1 ea. drawing table, wood 4
post 37.5"X48".
Frank McGlaun Office Supply--1 ea. vide❑ terminal
display stand 60"WX30"DX29.5"H; 1 ea. video terminal
display stand 60"WX30"DX29.5"H; 1 ea. printer stand
35"WX301'DX26.5"H; 1 ea. printer stand
35"WX24"DX26.5"H; 1 ea. video terminal display
stand; I ea 3-way connector table top 29"X29"X29"; 1
ea. VDT stand/return 48"WX30"DX26.5"H; 1 ea. storage
module 24.5"HX15"WX19"D; 1 ea. 2-way connector top
90-deg.; 1 ea. bookcase, wood 4-shelf
36"WX14"DX65"H; 1 ea. bookcase, wood 4-shelf
35"WX13"DX57"H; I ea. bookcase, wood w-shelf
35"WX12"DX30"H; 1 ea. bookcase, wood 3 adj shelves
36"WX12"DX36"H; 3 ea. bookcase, wood 4 adj shelves
36"WX12"DX48"H; 2 ea. bookcase, wood 5 adj shelves
36"WX12"DX60"H; 1 ea. bookcase, wood 6 adj shelves
36"WX12"DX72"H; 2 ea. vertical file 2 drawer letter;
1 ea. vertical file 3 drawer letter; I ea. vertical
file 3 drawer legal; 12 ea. vertical file 4 drawer
letter; 3 ea. vertical file 4 drawer legal; 1 ea.
vertical file 5 drawer letter; 1 ea. vertical file 5
drawer legal; 24 ea. stacking chair polypropylene
shell; 4 ea. side chair w/arms; 1 ea. credenza, wood
72"WX20"DX29.5"H; 1 ea. credenza, wood
60"WX20"DX29.5"H; 2 ea. desk, wood 72"X35"; I ea.
desk wood 72"X36"; 1 ea. left pedestal desk wood
50"X30"; 1 ea. desk w/b" overhang wood 72"X36"; 1
ea. right return for desk 42"WX20"DX26.5"H; 1 ea.
typewriter stand, 24"X48"; I ea. folding table
30"X60"; 1 ea. folding table 30"X72"; 8 ea. folding
table 30"X96"; 1 ea. folding table 36"X96".
The Baker Company--1 ea. video terminal display
stand 60"WX30"DX29.5"H.
February 28, 1991
Page 134
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications and awarding through a drawing by
Mayor McMinn TIE BID ITEM #24 for 1 ea. card file
cabinet 8 drawer to Hesters Office Center. Motion
carried: 1 Yeas; 0 Nays.
91-50A-134-118
(27.) BID #11118--Concrete meter vaults -(Central
Warehouse].
Vaughn Concrete Products, Amarillo--30 ea. 5'X5'X4'
precast concrete meter vaults.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 1 Yeas; 0 Nays.
91-50A--134-.119
(28.) BID #11133--Flow meters (Water Utilities).
Southwest Fluid Products, Inc., Weatherford --I ea.
Flowmeter to measure raw sewage, 36" pipeline.
Moore Supply --I ea. Flowmeter to measure potable
water, 36" pipeline; 5 ea. flowmeter to measure
potable water, 16" and 14" pipeline.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 1 Yeas; 0 Nays.
91-50A--134-.120
(29.) BID #11154--Pre-stressed concrete poles (Electric
Distribution).
Nunn Electric Supply Corp.--12 ea. pre -stressed
concrete poles.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 1 Yeas; 0 Nays.
91-50A-134-121
(30.) BID #11123--Fertilizer (Parks and Recreation),
Helena Chemical Specialties, Mesquite, NM--10 bg.
Sul-Po-Mag; 225 bg. 21-3-16 greens grade; 111 tn.
granulated sulfur to be applied 4-8-91; 80 tn. 21-0-
0 Ammonium Sulfate to be applied 6-3-91; ill tn.
granulated Sulfur to be applied 8-26-91; 15 tn. 21-
0-0 Ammonium Sulfate to be applied 4-18-91; 21 tn.
16-4-12 60% SCU+5% Iron to be applied 5-23-91; 21
tn. 16-4-12 60% SCU+5% iron to be applied 6-25-91.
Turfco, Inc., Dallas--88 tn. Gypsum Pellets to be
applied 3-4-91.
Estes, Inc.--50 gl. 14-0-0 liquid Iron Complex.
Riverside Chemicals, Plainview--400 bg. 16-4-10+5%
Iron; 18 bg. Balan XL; 340 bg. F-511 G Micronutrient
Frit 50% Iron; 250 bg. 10-52-8 Mono -Ammonium
Phosphate (MAP).
February 28, 1991
Page 135
Notion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-135-122
(31.) BID #11189--Chemicals Land Apglication Site).
Tide Products, Littlefield--275 gl. Dual; 570 lbs.
Temik.
Tri-State Chemicals, Inc., Brownfield --TIE BID ITEM
#2
_-60 gl. Arsenal; 500 gl. Bladex; 300 gl. Comite;
450 gl. Cygon; 1,200 lbs. Evik; 67 gl. Sencor; 35
gl. Treflan.
R&S Grain, Inc.--200 gl. Lannate-L.
Helena Chemical Co.--15 gl. Ammo; 10 gl. Fusilade;
38 gl. Pix.
Estes Chemicals, Wichita Falls--25 gl. Prep.
Kitten Fertilizer, Inc., Slaton--168 gl. Asana-XL;
43 gl. Caparol;
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications and awarding through a drawing by
Mayor McMinn TIE BID ITEM #2--60 gl. Arsenal to Tri
State Chemicals, Inc. Motion carried: 7 Yeas; 0
Hays.
91-50A-135-123
(32.) BID #11176--Herbicides (Central Warehouse).
Terra International, Inc., Farwell--120 bg. Weed
Control Herbicide-Pramitol 5PS (50-lb bag); 600 gl.
Weed Control Herbicide-Pramitol Liquid; 48 gl. Weed
Control Herbicide -Roundup Liquid.
Tri-State Chemical, Inc., Brownfield--50 gl. Weed
Killer-Pytar 560.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-135-124
(33.) BID #11140--Corn seed (Land Application Site).
Seedco--165 bags Corn Seed 119-123-day maturity.
Northrup King--165 bags Corn Seed 115-118 day
maturity.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 136
91-50A-136-125
(34.) BID #11120--Scott Air Pak parts (FireDepartment).
Wayest Safety, Inc., Dallas--10 ea. Guage nut; 25
ea. hydrant; 15 ea. safety device; 25 ea. 0-ring; 30
ea. spacer; 3 ea. coupling; 10 ea. cylinder band; 20
ea. screw; 10 ea. seat sleeve; 10 ea. seat; 10 ea.
0-ring; 20 ea. 0-ring; 20 ea. 0-ring; 40 ea. 0-ring;
20 ea. sleeve; 1 ea. coupling; 2 ea. nipples; 50 ea.
0-Ring; 5 ea. retaining ring; 5 ea. lens; 4 ea.
block; 4 ea. proble; 40 ea. 0-ring; 40 ea. 0-ring;
20 ea. screw; 20 ea. roll pin; 3 ea. guage; 20 ea.
0-ring; 5 ea. shaft; 20 ea. 0-ring; 20 ea. 0-ring;
10 ea. roll pin; 5 ea. regulator body; 5 ea. shroud;
5 ea. button; 5 ea. housing; 5 ea. boot; 5 ea.
button spring; 5 ea. 0-ring; 20 ea. 0-ring; 20 ea.
4-ring; 4 ea. 5 min. egress paks; 4 ea. face mask,
XLG; 4 ea. face mask, Sm; 1 ea. manifold, working
line; 3 ea. t-connector; 1 ea. check valve; 4 ea.
2.2 air pack; 4 ea. 45 cu. ft. air cylinder; 4 ea.
2.2 face mask; 4 ea. 2.2 face mask; 4 ea. 4.5 air
pack; 10 ea. 4.5 1-hour fully wrapped cylinder; 4
ea. N.F.P.A. mask Sm; 4 ea. N.F.P.A. mask XLG; 1 cs.
applique.
Fire Protection Service, Co., Dallas--20 ea. thrust
washer; 20 ea. screw; 1 ea. outlet manifold.
Daco Fire Safety--25 ea. dampner; 4 ea. 100' working
air lines; 1 ea. bell alarm; 1 ea. regulator; 2 ea.
pigtail hose; 2 ea. hose reel.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-136-126
(35.) BID #11190--Fertilizer (Land Application Site).
Anderson Grain, Leveiland--650 tn. 18-8-2-3+2h
applied; 86 tn. 23-9-2-3+2N applied; 43 tn. 20-10-3-
4+2N applied.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bad meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 137
91-50A-137-127
(36.)
91-50A--137-128
(37.)
91-50A-137-129
(3B.)
BID #11157--Pipe fittings (Central Warehouse).
O&R Utilities, Inc., Odessa--2 ea. 18"F.F. valve
flange X flange.
Texas Independent Supply, Brownwood--6 ea. 18"X5'
flange X flange; 3 ea. 18"X2' flange X flange; 2 ea.
18"X1' flange X flange; 2 ea. 18" blind flange.
Big Country Water Works Supply, Inc., Early--6 ea.
18"X8' flange X flange tee; 6 ea. 8"X18' flange X
flange; 9 ea. 8"X3.5' flange X flange; 1 ea. 18"
flange X flange 90 deg. bend; 2 ea. 18" flange X
flange 45 deg. bend; 2 ea. 20" bolt & gasket kit; 25
ea. 18" bolt & gasket kit; 2 ea. 20"X18" flange X
flange reducer.
Western Industrial Supply--2 ea. Gifford Hill weld
on flange adapter 20"; 1 ea. 18" flange 100 PSI PIP
bell end adapter.
Rohan Co., Waco--3 ea. Appco 1' air & vacuum valve.
Clowe & Cowan--33 ea. 8" bolt & gasket kit.
Moore Supply Co.--3 ea. 8" flange X flange swing
check valve.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; O Nays.
BID #11141--Officeequipment (various departments).
Baker Graphic Methods--1 ea. desktop lettering
system; 4 ea. electronic typewriter 13" typing line
w/spell check.
Vandiver Office Equipment--7 ea. electronic
typewriter 12" typing line.
Hogland Office Equipment--1 ea. desktop copier; 1
ea. desktop copier w/sorter & auto duplexing.
School House Audio, Plano--1 ea. portable overhead
projector.
Comgraphix--2 ea. coin -operated microfilm
reader/printer.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; O Nays.
BID #11167--Pre-cast manhole sections (Central
Warehouse).
Vaughn Concrete Products, Amarillo--10 ea. 48"
precast manhole joint section 12" length; 20 ea. 48"
precast manhole joint section 24" length; 15 ea. 48"
precast manhole joint section 4B" length; 80 ea. 2"
concrete manhole adjusting ring; 6 ea. 51X5'X5'
precast meter box; 8 ea. 48"X36" eccentric concrete
manhole cone; 5 ea. 72"X4' precast manhole section.
(All or None Bid)
February 28, 1991
Page 138
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-138-130
(39.) BID #11188--Submersible_pumgs and motors (Water
Utilities).
Apsco--1 ea. submersible pump, 900 GPM, column pipe,
length 160'; 1 ea. submersible pump, 900 GPM column
pipe length 140'; 1 ea. submersible pump, 600 GPM
column pipe length 150' .
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-138-131
( 5.j OROINANCE #9405--Levying Paving Assessments on 34th
Street from Loop 289 to Milwaukee Avenue.
ORDINANCE #9405
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE LOST OF IMPROVING THE FOLLOWING ALLEY AND STREET LOCATED IN THE
FOLLOWING BLOCKS AND ADDITIONS: THE ALLEY BETWEEN 61ST STREET AND 62ND
DRIVIE AND BETWEEN LOUISVILLE DRIVE AND KENOSHA DRIVE ABUTTING LOTS 39
THROUGH 43 AND 145 THROUGH 164, MELONIE PARK ADDITION; AND INCLUDING
34TH STREET FROM WEST LOOP 289 TO MILWAUKEE AVENUE, SUCH PORTIONS BEING
MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER
SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION 1 OF
THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL).
91-50A--138-132
( 6•)
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to pass on third and final
reading Ordinance #9405 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9419
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2190-B; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE PERMIT FOR
TOWNHOUSE/GARDEN HOMES ON AN 8.6 ACRE TRACT OUT OF SECTION 29, BLOCK A-
K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
February 28, 1991
Page 139
David Goyette appeared on behalf of Craft
Development to present this request for zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 3:02 p.m.
David Jones, Director of Planning, stated that this
request is routine for amendment from A-2, limited
to a church, to R-1 Specific for garden homes.
Particular notice was given by the Planning and
Zoning Commission to the adjacent zoning and land
uses since garden homes can be built on the A-1 and
R-2 property surrounding this tract, although most
of the homes are a regular single-family style.
Several neighborhood returns expressed concern about
the garden homes proposal, and the developer assured
Staff that the new homes will be the same as those
now on 70th Street.
Mr. Jones cited adjacent land use relationships as
follows:
North - A-1 - apartments
South - R-2 and a church. The homes on the R-2
are
built similar to this request.
East - church zoning - vacant
West - R-2, built as duplex and townhomes
Down -zoning to R-1 is usually desirable within
Comprehensive Land Use Plan and Zoning Policy unless
the previous district is being used as a buffer,
which is not the case. The concentration of A-1
for apartments and A-2 for churches in this vicinity
occurred when a market seemed to exist for a much
larger number of apartments than needed at the time
(1975-85). A number of parcels in this area have
been rezoned from A-1 and built as single-family.
This request will have little additional effect on
traffic in the area.
The Specific Use zoning will allow a 15' front
setback, 20' for garages. In addition, the plat
approved by the P&Z Commission provides a reduced
right of way. The paving width will be the 32' R-1A
street type provided in the Subdivision Regulations.
The reduced width will be in the form of two 5'
curb -back walks (10' total), versus the standard 6'
curb -back walks and 4' of dirt (20' total).
Staff recommended approval of this request for the
zone change and plat as another design and market
test that contrasts with current "standard"
subdivisions. The Planning and Zoning Commission
and Staff contended that several of these "test"
subdivisions will provide a basis for consideration
of future potential changes to existing Subdivisions
Regulation standards. Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance 09419 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 140
91-50A-140-133
7.) ORDINANCE #9420--Zone Case #1826-C (Northwest corner
of 50th Street and Indiana Avenue)--Hold--a Public
Hearing to consider request of David Goy_ette_(far
Horkey Oil Company) for zoning change from C-2 to C-
3 on Lot 1. Fry Addition.
ORDINANCE #9420
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1826-C; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOT 1, FRY ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette appeared on behalf of Harkey Oil
Company to present this request for zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 3:04 p.m.
David Jones, Director of Planning, stated that the
existing zoning is limited to a savings and loan
business and the "as built" Site Plan.
Mr. Jones gave the adjacent land use relationships
as follows:
North
- R-2, duplex
South
- commercial
East
- public school
West
- light commercial
The proposed commercial use is in compliance with
the Comprehensive Land Use Plan and the Zoning
Policy. Being at the corner of two major
thoroughfares, the property is eligible for
commercial zoning because it is located but the area
was platted with no buffer for the duplex homes
south of 49th. The buffer in the current zoning is
that the north half of the tract is tied to a grass
area. The opposite two corners of the intersection
are developed C-3.
To accommodate development on this corner and
protect public and neighborhood interests, the
Planning and Zoning Commission recommended three
conditions:
1. That a Site Plan, including building
elevations showing materials, color
and texture, shall be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of
a Building Permit, including the
fence design indicated in #2.
2. A solid masonry or masonry and wood
screening fence shall be built along
49th Street and 50' south along the
alley from 49th concurrent to first
building permit.
3. No curb cuts shall be allowed for
50' from the property corner at 50th
Street and Indiana Avenue.
February 28, 1991
Page 141
91-50A-141-134
( 8.)
Staff supported the recommendations of the Planning
and Zoning Commission.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo t❑ pass ❑n first reading
Ordinance #9420 with conditions recommended by P&Z
and City Staff. Motion carried: 7 Yeas; 0 Nays.
center) on a 12.9 acre tract out of Section 41.
Block A.
ORDINANCE #9421
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2665; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A
COMMUNITY CORRECTIONS CENTER ON A 12.9 ACRE TRACT OUT OF SECTION 411,
BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Burl Masters appeared ❑n behalf ❑f Lubbock County to
present this request for zone change.
No ❑ne appeared in opposition. Mayor McMinn closed
the hearing at 3:10 p.m.
David Jones, Director of Planning, stated that a
detention center is required to file a Specific Use
zone request.
Mr. Jones gave the adjacent land use relationships
as follows:
North
- agricultural
zoned
M-2
South
- agricultural
zoned
M-2
East
- agricultural
zoned
M-2
West
- agricultural
zoned
M-2
According to Mr. Jones, this proposal is consistent
with both the Comprehensive Land Use Plan and Zoning
Policy, and the M-2 base zoning. The proponent
provided a Site Plan which illustrates both
immediate and future buildings. The facility should
have little effect on traffic in the area because of
its location adjacent to a farm -to -market road. Only
❑ne citizen appeared at the P&Z hearing, and there
was little discussion.
The Specific Use ties the facility to the Site Plan,
and Staff supported the recommendation of the
Planning and Zoning Commission.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9421 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 142
91-50A-142-135
( 9.) Hold a Public Hearing for the Emergency Shelter
Grant Program.
91-50A-142-136
(10.) Consider Resolution #3557 authorizing the Mayor to
execute and submit the 1991_Emergency Shelter _Grant
Application and all related documents.
RESOLUTION #3557
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Emergency Shelter Grant Application for the year 1991 and related
documents, which 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 28th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST.
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Sandy D 1e_ tree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s Dennis W. McGill
Dennis W. McGill, Trial Attorney
A copy of the Grant Application is filed with Resolution #3557.
This Public Hearing was held in accordance with
requirements of the U.S. Department of Housing and
Urban Development for the Emergency Shelter Grant
Program.
The Emergency Shelter Grant has been received by the
City of Lubbock since 1987 to assist the homeless.
The estimated allocation this year is $56,000, and
the emphasis of the grant is on the renovation and
rehabilitation of facilities and homeless prevention
efforts.
February 28, 1991
Page 143
The applications for funding were reviewed by a
subcommittee comprised of Larry Gardner (Community
Development Advisory Committee), Mr. Jay Ibarra
(Community Services Advisory Committee), Ms. Octavia
Givens (Human Relations Commission), and Ms. Nancy
Haney (Homeless Task Force). Upon review of the
project proposals and the facilities, the Committee
recommended the following projects for funding:
MHMR-Alcohol Treatment Center $11,000
Women's Protective Services 6,000
City of Lubbock Community Services 1,600
MHMR-Community Living Center 34,600
Administration Costs 2,800
$56,000
The primary emphasis of the Emergency Shelter Grant
Program is the renovation of facilities. The
proposals from Women's Protective Services, MHMR-
Alcohol Treatment Program, and Community Living
Center involve the rehabilitation of facilities.
Homeless prevention programs were identified during
the Congressional subcommittee hearing as an
effective tool in combating homelessness. The
Community Services Program is a prevention program
which also utilizes State funds.
The basis for the recommendation is to continue to
upgrade community facilities which provide services
to the homeless. The emphasis is on programs which
provide comprehensive services which help equip
their clients with the skills to transition back
into society. The focus is on long-term housing
versus short-term transient housing.
The 1991 regulations require that the specific
project proposals be included in the City's
application for funding and that a Request for
Proposals precede the application process.
A Request for Proposals published in the Lubbock
Avalanche Journal invited non-profit agencies to
submit applications for the funds and the RFP was
mailed to 16 area organizations which come into
contact with Lubbock's homeless. Completed
applications were returned by Women's Protective
Services, Smithlawn Maternity Home, Mental Health
Mental Retardation Community Living Center, Mental
Health Mental Retardation Alcohol Treatment Program,
and the City of Lubbock's Community Services
Department.
The Emergency Shelter Grant Program will provide
assistance to the homeless through eligible
activities, including: the rehabilitation or
conversion of buildings for use as emergency
shelters for the homeless; the payment of certain
operating expenses; the payment of expenses for
essential services in connection with emergency
shelters for the homeless; and development of
homeless prevention activities.
February 28, 1991
Page 144
No more than 20% of the grant may be utilized for
the payment of essential services without a waiver
from HUD. There is a matching component which
requires that the City of Lubbock or a non-profit
sub -recipient match the amount of the grant with
either direct or indirect contributions. In
addition, the regulations authorize the use of 5% of
the allocation for administrative costs. The grant
application is due to HUD by March 8, 1991.
Larry Gardner, Chairman of the Citizens Review
Committee, gave an overview of the Committee's
funding recommendations for the 1991 Emergency
Shelter Grant Program. Mr. Gardner introduced
Octavia Givens, Human Relations Commission Member,
Nancy Henry, Homeless Task Force Member, members of
this Committee.
The following individuals spoke in favor of requests
as follows: Mary Jackson, representing Homeless Task
Force, Charlotte Foster, representing MHMR
Alcoholism Program, Sylvia Martinez, Community
Services Department, and Kathy Chaney, Director of
Women's Protective Services.
No one appeared in opposition. Mayor McMinn closed
the hearing at 3:40 p.m.
Staff recommended Council approval on the
recommendation of the Review Committee.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3557
as recommended by Staff. Motion carried: 7 Yeas; 0
Hays.
91-50A-,144-137
(11.) Hold a Public Hearing for the 1991-92 Community
Development Block Grant Program.
February 28, 1991
Page 145
91-50A-145-138
(12.)
RESOLUTION #3558
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
Community Development Block Grant Application of 1991-1992 for the year
1991 and related documents, which 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 28th day of February, 1991.
jsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
Lsl_Dennis W. McGill
Dennis W. McGill, Trial Attorney
A copy ❑f the Grant Application is filed with Resolution #3558.
As part of the City of Lubbock's Community
Development Block Grant Program, the City solicits
citizen input in developing the Annual Statement of
Objectives. The Community Development Advisory
Committee held four public meetings during January,
1991, to receive citizen input. These meetings were
held at Mae Simmons Community Center, Arnett Benson
Senior Citizens Center, Central Senior Citizens
Center and the City of Lubbock Municipal Building
Committee Room. In addition to citizen input, the
City departments submitted their requests and backup
material for funding City projects.
The Community Development Advisory Committee toured
several proposed and completed projects including
the following:
Chatman Hospital
Affordable Housing [Chatman Hill & Guadalupe]
Goodwill Industries
Early Learning Centers -Erskine Center
Arnett Benson Redevelopment and Sidewalk
Construction
Chatman Hill - Residential Rehabilitation
February 28, 1991
Page 146
Staff recommended increasing the "Project:
Neighborhood" funding by $25,000 for a total of
$186,633 to provide two concentrated alley clean-up
programs in seven targeted neighborhoods, rather
than only one.
In order to fund the recommeded increase to
"Project: Neighborhood" it was recommended the
project budget for the Carlisle Street Paving to
decreased to $42,000 to provide one block with full -
width curb and gutter paving instead of two blocks
funded by $83,900. The original request from the
neighborhood residents was for the paving of one
block with the remaining paving to be included for
consideration under the Capital Improvement Program.
With these two changes, the Contingency Fund would
be increased to $82,667.
The original request from Goodwill Industries to the
Community Development Advisory Committee was for
$165,000 to acquire a building at 1926-1932 34th
Street. The location is adjacent to a new Goodwill
Thrift Store which is currently under construction.
The CDAC discussed the project in detail following
their tour of the current facilities. The
committee's discussion included:
a] the large cost of the entire
project, $165,000, to the CDBG
program,
bj The cost of the building and the
relocation expense of moving the
current tenants from the facility,
and
cj The Agency's ability to raise or
secure other funding for the project
compared to other CDB activities
which have very limited sources of
funding.
The alternative proposal was received February 15
requests $50,000 to initiate the purchase and
remodeling of the facility. CDBG funding would
augment a bank loan of $136,000 to complete the
project. This alternative proposal was not reviewed
by the CDAC.
According to Staff Memo, if money is allocated to
Goodwill for the acquisition, the funding would not
be released prior to their securing full funding for
the project. This would be similar to the agreement
that the City currently has with the Guadalupe
Parkway Neighborhood, Inc.
The total Community Development Block Grant Program
is for $2,431,000. This represents approximately a
10% increase from the 1990-91 funding level.
February 28, 1991
Page 147
The City of Lubbock's Community Development Program
is administered in accordance with the Housing and
Community Development Act of 1974 as amended and
with 24 CFR 570.303 of the Community Development
Block Grant Regulations. The Statement of
Objectives has been prepared as stipulated in those
regulations. A preliminary Statement of Objectives
was published in the Avalanche Journal on February
17 and the Statement of Objectives has been on file
with the City secretary for review by all interested
parties.
Following submission of the Statement of Objectives
the Community Development Staff will begin
preparation of the Environmental Assessments and
other planning activities so that the Community
Development Fiscal Year will be able to start on
June 1, 1991.
Paul Nash, Chairman of the Community Development
Advisory Committee, spoke favoring approval of this
Resolution and highlighted recommended projects as
follow:
Project: Neighborhoods $
161,633
Arnett Benson Redevelopment
147,400
On -Site Redevelopment
75,000
Residential Rehabilitation
600,000
Residential Loan Program
250,000
Project Helping Hands
200,000
Self -Help Paint -Up
30,000
Urban Homestead Prop. Mgt.
5,000
Affordable Housing
5,000
Sidewalks/Arnett Benson
50,000
CD Administration
186,000
Field Services
265,000
Indirect Costs
100,000
Home Security Program
30,000
Information & Referral Computer
11,500
Carlisle Area Paving
83,900
Planning Documents
4,000
Butler Park Outreach Program
29,500
Arnett Benson Beautification
15,000
Guadalupe Strip Park Security Lighting
21,000
Summer Recreation Satellite Program
47,800
Early Learning Centers of Lubbock
37,500
Chatman Hospital Renovation
10,000
Contingency Fund
65,767
$2,431,000
Those speaking for approval included:
Emma Jackson, 1312 E. 24th, Senior Residence
Complex.
Marvin Williams, 7320 22nd Street, spoke concerning
street paving in Carlisle, and expressed
appreciation for the new park.
James Miller, President of West Texas Community
Paving, expressed appreciation for the park in
Carlisle.
Lynda Jenkins, member of the Urban Renewal
Board/Neighborhood Redevelopment Commission, spoke
in favor of CDAC recommendations.
Bobbie Sloane, of Carlisle, spoke concerning the
need for more recreation opportunities, and
addressed sewer and water problems.
February 28, 1991
Page 148
Harold Chatman expressed appreciation for work in
Chatman Hill area and spoke concerning funding
reconstruction of old Chatman Hospital.
Danny McLarty, spoke concerning plans for Chatman
Hospital renovation.
Betty Anderson, Chair of Early Learning Centers,
spoke regarding the centers in Lubbock.
Cecil Puryear spoke in opposition to some of the
recommendations.
Bernie Gradel, 2017 68th Street and member of the
Goodwill Industries Board., spoke concerning amended
request for $50,000 for acquisition of Vocational
Rehab Center site at 1926-1932 34th Street (a one-
time prequest). He stated that Goodwill will be
able to handle future costs, and that this $50,000
will be matched by a bank loan which has been
promised in writing.
Victor Cargile spoke concerning salvaging of
materials.
Mayor McMinn closed the hearing at 5:45 p.m.
Sandy Ogletree, Community Development Administrator,
stated that primary funding will be available for
Senior Citizens Housing. She stated that Staff is
looking at this in light of the new legislation
which will make projects like this easier to fund.
Councilwoman Baker asked about funding of the
Goodwill request, and Ms. Ogletree replied that this
could be done now or in September and said that if
Council directs, Staff will work out details and
bring back the funding agreement for Council
approval.
Councilman Maloy expressed concern about the change
in CDAC recommendation for 2 blocks,
Mayor McMinn suggested that the Goodwill Project be
remanded to the CDAC for review and recommendation.
After Council discussed this it was a consensus to
fund paving of 2 blocks of Carlisle Area, as
recommended by the CDACC t❑ add funding for one
additional cleanup at a cost of $25,000.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to authorize Resolution #3558,
funding paving of 2 blocks in Carlisle as
recommended by the CDAC and further stipulating
designation of $25,000 from the Contingency Fund to
fund an additional clean-up of designated areas.
Motion carried: 7 Yeas; 0 Nays.
February 28, 1991
Page 149
91-50A-149-139
(13.)
RESOLUTION #3559
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
"Agreement for the Relocation of a portion of the Seagraves, Whiteface
and Lubbock; Railroad for construction of a controlled access highway
facility in the City of Lubbock" in such form as approved by the
Assistant City Manager for Development Services and the City Attorney's
Office of the City of Lubbock, said Agreement to be entered into by and
between the City of Lubbock and Seagraves, Whiteface and Lubbock
Railroad, 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 28th day of February, 1991.
/s/ B, C. McMinn
B. C. McM1NN, MAYOR
ATTEST.:
s Ranette. Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s James E. Bertram
James E. Bertram, Assistant City
Manager for, Development Services
APPROVE=D AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
Agreement filed with Resolution #3559.
This Agreement between the Railroad and the City
sets forth the respective responsibilities of each
party to relocate a portion of the Seagraves,
Whiteface, and Lubbock Railroad tracks to
accommodate the construction of the East-West
Freeway. The existing tracks in the Brownfield Road
Corridor will be relocated to a new alignment
between West Loop 289 and Reese Air Force Base. The
bases for this Agreement are the State's Minute
Order No. 88793 (dated May 24, 1989); the City's
Resolution No. 3173 (dated August 10, 1989), which
accepted the conditions of the State Minute Order;
and, the Agreement (dated January 24, 1991) between
the City and the State.
February 28, 1991
Page 150
The major points of the Agreement are outlined
below;
1. The City will be the primary agent
to effect the relocation of the
existing tracks to a new alignment
yet to be determined.
2. The City will perform all
engineering services necessary for
the relocation of the tracks. The
Railroad will participate in the
decision as to the selected route
for the relocation. The Railroad
will review and approve the
construction plans, specifications,
and cost estimates.
3. The City will acquire all of the
right-of-way and adjust all eligible
utilities for the new railroad
alignment. If the City is unable to
purchase any portion of the
necessary right-of-way in fee on a
voluntary basis, then upon the
request of the City, the Railroad
will join the City in eminent domain
proceedings to acquire the right-of-
way.
4. The City will effect the conveyance
of the existing Railroad right-of-
way from the Seagraves, Whiteface
and Lubbock Railroad to the State.
5. The Railroad shall relocate to the
new railroad alignment after
completion of the new railroad
facilities and the acceptance of the
new facilities by the Railroad.
5. The City and State will provide
relocation assistance as may be
determined to be eligible under the
State's Relocation Assistance
Program.
7. The State will provide the lesser of
ninety percent (90%) or $10,800,000
of the currently estimated eligible
costs incurred by the City in
effecting the relocation. The City
will provide the balance of the
cost. The City will pay the
eligible costs up -front and then
will be reimbursed by the State for
ninety percent (90%) of the costs on
a monthly basis.
B. Eligible costs include the
difference in land value, if any,
between the new and existing rights -
of -way; damages, if any, to the
remaining real property; and,
increased operating costs, if any,
as a result of the increased track
mileage.
February 28, 1991
Page 151
9. The City will study and make
recommendations regarding the
optimum location for a piggy -back
facility, a parking lot for an
excursion train, and a possible
maintenance facility for the
Railroad.
10. The Railroad may salvage their
improvements from the existing track
alignment at no cost to the City.
The salvaged improvements will not
be included in the appraisal of the
existing right-of-way.
In order to perform the engineering services for the
relocation of the tracks, it will be necessary to
secure the services of an engineering firm. A
request for proposals for these services was
distributed on February 12, 1991, will be accepted
until March 12, 1991. The successful proposer
should be under contract with the City by early May.
The State will pay ninety percent (90%) of the
engineering fees; the City will pay the remaining
ten percent (10%).
The total estimated cost to the City for the
relocation of the railroad tracks is $1,442,000 this
includes 10% or $120,000 of the costs for
engineering services; new railroad right-of-way
$200,000; eligible Non -City utilities $1,000; and
Railroad construction $900,000; as well as 100% of
the ineligible costs and 10% of the eligible costs
for the City -Owned utilities ($221,000). Funding
(General Obligation Bonds and Certificates of
Obligation) is available for all costs, except those
related to the adjustment of City -Owned utilities.
Funding for the City -Owned utilities will be
included in the 1991 Bond Issue or will be through
revenues bonds.
The following "major" new issues must be resolved:
1. A switch for a future spur line to
Reese Air Force Base.
2. A railroad yard with at least three
tracks, with each track capable of
storing forty railcars at the
intersection with the Atchison,
Topeka and Santa Fe tracks.
3. Pay for an independent engineer
selected by the railroad to inspect
the new railroad right-of-way,
facilities, topographic data,
engineering studies and plans and
specifications.
4. Indemnify the railroad from any and
all liability, losses and costs
associated with toxic contamination
of the air or ground water that
occurs(ed) on the old railroad
right-of-way before or after
conveyance of the right-of-way to
the state.
February 28, 1991
Page 152
5. The railroad wants the City to
acquire all of their existing right-
of-way between University Avenue and
Avenue U.
6. The railroad wants switches built to
allow for interchanges in a 11
directions with the new line and the
Whiteface line.
After all other items on the agenda had been
considered, Jim Bertram, Assistant City Manager for
Development Services, reported that a final contract
was not ready for Council action.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorizing Mayor McMinn
to sign Resolution #3559 and associated documents
after they have been reviewed and found to be
acceptable by the City of Lubbock Legal Department.
Motion carried: 1 Yeas; 0 Nays
There being no further business to come before Council, motion was made
by Councilman Phillips, seconded by Mayor Pro Tem Patterson to adjourn
the meeting at 6:18 p.m. Motion carried: 1 Yeas; 0 Nays.
/s/ B.C. McMinn
B. C. McMinn, Mayor
ATTEST„
/s/ H.anette Boyd
Ranette Boyd, City Secretary
Read and Approved this 28th day of February, 1991.
/s/ B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary