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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/12/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of September, 1991 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 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 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 Attorney John Ross. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the August 22, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 91-50B-633-545 ( 4.) Board Appointments PROCLAMATION "Fiestas Del Llano (Fiestas Patrias) Days" -- September 14-16, 1991 91-50B-633-546 ( 5.) Penny Morin, Chair of Fiestas Del Llano, will appear before the Council regarding this year's Fiesta Parade and Fiesta Celebration. Penny Morin appeared to report on various activities planned in conjunction with the Fiestas Del Llano celebration which will take place September 14-16. According to Ms. Morin, the parade is scheduled for September 14 at 10:00 a.m.; there will be a scholarship pageant the evening of September 14; and several musical acts are booked for the duration of the celebration. 91-50B-633-547 ( 6.) Ben Haralson will appear on behalf of Campus Crusade for Christ to request a Loudspeaker Permit for September 23, 1991 from 8:00 p.m. to 9:45 p.m. in conjunction with a block party at the Greek Circle. Ben Haralson appeared on behalf of Campus Crusade of Christ to request a Loudspeaker Permit as part of their Outreach Program for the Texas Tech community. September 12, 1991 Page 634 91-50B-634-548 ( 7.) According to Staff memo, Mr. Haralson has acquired signatures from the fraternity and sorority houses within the 800' block radius of the bandstand as required by Ordinance, and all responses were favorable. The bandstand will be set up adjacent to Kappa Alpha Theta House, Number 19 Greek Circle. The Greek Circle is a somewhat isolated neighborhood, and Mr. Haralson assured that the speakers will be directed toward vacant properties to the east. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve issuance of a Loudspeaker Permit to Campus Crusade for Christ for September 23, 1991 from 8:00 p.m. to 9:45 p.m. Motion carried: 7 Yeas; 0 Nays. A. Consider Ordinance #9475 adopting Martin Luther King, Jr. Day as an Official City Holiday. ORDINANCE #9475 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-6 THEREOF WHICH PROVIDES FOR HOLIDAYS FOR CITY EMPLOYEES. Rev. D.A. Smith appeared on behalf of the Martin Luther King Celebration Committee to request adoption of an Ordinance designating Martin Luther King, Jr. Day as an Official City Holiday. According to Staff memo, during the regular session of the State Legislature a Bill was passed which designates Martin Luther King, Jr. Day as an official paid State holiday. In response to local interest in designation of Martin Luther King, Jr. Day as an official City Holiday, Staff met with members of the Martin Luther King Committee. Currently, the City observes the following official paid holidays: 1. January 1 2. Good Friday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving 7. Christmas 8. Floating Holiday (formerly Washington's Birthday) 9. Floating Holiday (formerly Veteran's Day) The floating holidays may be scheduled by the employee at his/her convenience. September 12, 1991 Page 635 91-50B-635-549 ( 8.) The Martin Luther King Committee recommended that the City officially observe the MLK Day Holiday and presented the following options: 1. Grant an Additional Holiday -- This would involve closing all City offices on the day of the observance (the third Monday in January). Under this option, the City would incur additional overtime expenses for the maintenance of critical services (fire, police, etc.) and would also lose the value of salaries paid for time not worked. The Personnel Department estimates the latter to be approximately $173,000. 2. "Trade" Existinq Desiqnated Holida for MLK Day Observation -- When the State made its decision to observe the MLK Holiday, it dropped its observance of Columbus Day. Under this approach, the City would be faced with the need to discontinue its observation of traditional holidays -- New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. 3. Formally Designate Martin Luther King, Jr. Day as an Official City Holiday and Eliminate One Floating Holiday. Under this scenario and except for emergency services, all City offices would be closed on the third Monday in January. Rather than add a tenth holiday, one of the floating holidays would be "attached" to that day. This would leave the City with eight designated holidays and one floating holiday. After careful consideration, the MLK Committee recommended the third option. Motion was made by Mayor Pro by Councilman Maloy to pass Ordinance #9475 with Option MLK Celebration Committee. 0 Nays. at 4905 21st Street. Tem Patterson, seconded on first reading #3 recommended by the Motion carried: 7 Yeas; Valerie Bloom appeared on behalf of St. Mary of the Plains Foundation to request a Loudspeaker Permit in connection with their Annual Outdoor Gala Event. According to Staff memo, all the necessary signatures were acquired from residents in the 800' radius of the event. The loudspeaker will be to amplify a pianist who will be performing. September 12, 1991 Page 636 This event was held last year at the same location without complaints, and in view of the unanimous approval of the nearby residents contacted, Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to approve issuance of a Loudspeaker Permit to St. Mary's Foundation for September 21, 1991 from 9:00 a.m. to 3:00 p.m. Motion carried: 7 Yeas; 0 Nays. 91-50B-636-550 ( 9.) ORDINANCE #9474-- from GO to R-1 and R-1 to R-1 Specific Use (for townhouse/garden homes) on tracts out of Section 26, Block E-2. ORDINANCE #9474 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-C; A ZONING CHANGE FROM GO TO R-1 AND FROM GO AND R-1 TO R-1 SPECIFIC USE PERMIT FOR TOWNHOUSE/GARDEN HOMES ON TRACTS OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9474 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-636-551 (10.) Consider Ordinance #9476 abandoning and closing a Transformer Pad Easement located in Section 15, Block E-2 (8301 Vicksburg). ORDINANCE #9476 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT OUT OF SECTION 15, BLOCK E-2, IN 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 FOR PUBLICATION. This Ordinance abandons and closes a 4' by 6' LP&L Transformer Pad Easement located at the northwest corner of Lot 648-A-1, Lakeridge Country Club Estates. This easement is being closed for building purposes, and a new easement will be dedicated further east. LP&L is the proponent of this closure. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9476 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 637 91-50B-637-552 (11.) Consider Resolution #3703 authorizing the Right -Of - Working Easement located in Section 41, Block A (3820 East Municipal Drive). RESOLUTION #3703 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: a temporary working easement for use in connection with the construction and installation of a sanitary sewer line, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such temporary working easement as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a temporary working easement in, along, on, over, upon, under and across the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A temporary working easement 25.00 feet in width and more particularly described as follows: BEGINNING at a point which bears East a distance of 25.00 feet from the Southwest corner of the Southeast 1/4 of Section 41, Block A, Lubbock County, Texas; THENCE North a distance of 507.50 feet to a point; THENCE N. 24049'30" W. a distance of 329.20 feet to a point; THENCE N. 65010'30" E. a distance of 25.00 feet to a point; THENCE S. 24049'30" E. distance of 340.20 feet to a point; THENCE South a distance of 518.50 feet to a point; THENCE N. 89052' W. a distance of 25.00 feet to the POINT OF BEGINNING. September 12, 1991 Page 638 SECTION 2. THAT the owners of said tract, being CULVER AUSTIN and his wife, BEEDIE AUSTIN, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $4,000.00, which is the amount appraised as the value and total damages for the acquisition of an easement in, along, on, over, upon, under and across said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire such easement. Passed by the City Council this 12th day of September, 1991. Ls/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This Resolution is for an additional 25' Temporary Working Easement for the previously acquired Permanent and Working Easements which will serve the County Correctional facility. Due to the depth of this line, more working area than anticipated will be needed. Area to be acquired is 25' by 847.7', or 21,192.50 square feet (.487 acres). This additional Working Easement will run through the Austins' field, affecting their farming operations. Staff met with the Austins about four weeks ago and made an offer of $650, but Mr. Austin said that because the sewer line would affect him more than anything else since it would cut directly across his planted cotton and also because he resides on the property, he would accept $4,000 for the additional Working Easement. Staff countered with $1,200 and then increased it to $1,600 (about the amount the landowners to the south got for the land per linear foot). He held firm to the acquisition price of $4,000 and Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3703 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 639 91-50B-639-553 (12.) Consider the price and conditions of sale of Parcel Number 77010-5-5 at 322 Avenue F in the Guadalupe Urban Renewal Area. 91-50B-639-554 (13.) This is a routine sale of property by the Urban Renewal Agency to Grace Flores for $1,500 to add on to adjoining property. This proposed sale is properly zoned and is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Trejo to accept the price and conditions of sale of Parcel Number 77010-5-5 at 322 Avenue F in the Guadalupe Urban Renewal area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3704 BE IT RESOLVED BY THE CITY COUNCI 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 Lease No. DTFA07-91-L-01216 with the United States of America, Department of Transportation, Federal Aviation Administration, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Beatrice Cervantes Beatrice Cervantez, Deputy City Secretary for Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement with the Department of Transporation Federal Aviation Administration is filed with Resolution No. 3704. September 12, 1991 Page 640 This Resolution authorizes a Lease Agreement between Federal Aviation Administration and the City of Lubbock for a hangar to be located at the Lubbock International Airport for records storage and for dispatching of FAA aircraft. The facility will contain a 40,000 sq. ft. hangar, with a 2,000 sq. ft. office at an annual rate of $118,000, or $9,900 per month. The facility will be used by aircraft and semi tractor -trailers and will require taxiway access, hangar type doors on the air side, and overhead garage doors on the land side. According to Staff memo, this building must be erected sixty days from final agreement on design specifications. Staff anticipates costs to be approximately $1,200,000 to construct the facility, and according to the FAA, 14 to 20 new jobs will be created by this project. Proposed Financing With the compressed time frame and schedule on this project, Staff considered two financing options: (1) Certificates of Obligation or (2) Lease arrangement with the builder. Option #1: Certificates of Obligation: The bond attorneys advise that the City may finance this project with tax-exempt Certificates of Obligation and if not qualified under IRS rules, may use taxable Certificates of Obligation. The estimated cost of this project is $1.2 million. Staff recommended financing the project for the traditional 20-year term which should be less than the life of the structure. Because of time constraints on this project, the project must be financed from available cash and later reimbursed with the proceeds from the Certificates of Obligation. This procedure is currently allowed by State Law. Option #2: Lease from Builder: Also a possibility is shortening the construction time frame for leasing the piece of land to a builder. The builder would build the facility, lease it back to the City, and the City would sublease to the FAA. Staff polled the Airport Board members on September 6, and the members concurred with the proposed Lease. Staff recommended approval of this Resolution. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3704 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 641 91-50B-641-555 (14.) Consider Resolution #3705 authorizing the Mayor to execute a Lease Agreement with Lone Star Overnight for office space. RESOLUTION #3705 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 Space Lease Agreement by and between the City of Lubbock and Lone Star Overnight, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Lubbock International Airport Space Lease Agreement is filed with Resolution No. 3705. Lone Star Overnight operates a small freight airline operating exclusively in 20 Texas cities. They are based in Austin and provide courier pick-up and drop boxes upon request. This Agreement allows Lone Star Overnight to lease office space in the old terminal building for expansion of freight operations. They intend to use this space for sorting operations and as a transfer point between their delivery trucks and aircraft. Their lease will be for one year at $135 per month. The Airport Board reviewed and approved this Lease. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Resolution #3705 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 642 91-50B-642-556 (15.) Consider Resolution #3706 authorizing the Mayor to execute an FAA Grant Agreement No. 03-48-0138-10 for Land Acquisition and Snow Removal Equipment. RESOLUTION #3706 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 Grant Award No. 3-48-0138-10 from the Federal Aviation Administration for Airport land acquisition and snow equipment. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney September 12, 1991 Page 643 GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1-OFFER Date of Offer: August 30, 1991 Airport: Lubbock International Airport TO: City of Lubbock (herein referred to as the "Sponsor") Project No. 3-48-0138-10 Contract No. DOT FA 91-SW-8305 FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated August 26, 1991, for a grant of Federal Funds for a project for development of the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Acquire snow broom; Acquire land (fee simple title to Tracts A and B as shown on property map exhibit "A", or other property interests satisfactory to the Administrator) all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. 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 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 percentum of all allowable project costs. This 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 $500,000. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 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 total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. September 12, 1991 Page 644 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regualtions and procedures as the Secretary shall prescribe, and agrees to comply with the assurances 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, 1991, 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 statutes, 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 or 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. 9. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. 10. The sponsor agrees to request cash drawdowns on the authorized letter of credit only as and when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 11. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 12. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto. September 12, 1991 Page 645 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 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/ Hugh W. Lynn Manager, Airports Division 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 with all of the terms and conditions in this Offer and in the Project Application. Executed this 12th day of September, 1991. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn Mayor ATTEST: /s/ Ranette Boyd Title: City Secretary September 12, 1991 Page 646 CERTIFICATE OF SPONSOR'S ATTORNEY I, Linda L. Chamales, 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, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor 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 this 12th day of September, 1991. /s/ Linda L. Chamales Linda L. Chamales Signature of Sponsor's Attorney APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, A.A.E. Director of Aviation A copy of the Grant Application is filed with Resolution No. 3706. This grant will provide $500,000 in federal funds to acquire two parcels of land adjacent to the Airport and for the purchase of a snow removal broom. A 10-acre parcel of land is located in the industrial area and the other parcel is a 64 acre tract located north of the old terminal -executive hangar area adjacent to the Interstate Highway. The 10-acre tract is needed to protect a future runway clear zone and the 64 acre tract is needed to complete the west side land acquisition program for general aviation development. The high-speed snow removal broom is designed to clean runways and taxiways after the plows have removed the bulk of the snow. This piece of equipment will enable the Airport to improve snow removal and make the airfield safer for aircraft landings and takeoffs during snow or ice storms. The Airport Board reviewed and approved this grant. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3706 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 647 91-50B-647-557 (16.) Consider Resolution #3707 authorizing the Mayor to execute a Lease Agreement with the U.S. Customs Service for office space. RESOLUTION #3707 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 with the U. S. Customs Service renewing their lease for their office space on the East side of the Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney U.S. GOVERNMENT LEASE FOR REAL PROPERTY Date of Lease: September 12, 1991 Lease No. 655-92-33912 THIS LEASE, made and entered into this date by and between the City of Lubbock, Texas Lessor Rep.: Rod Paine Deputy Director Telephone: (806) 767-2035 whose address is: Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 and whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT: Government Rep.: Judy Cook (317) 298- 1240. WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: 648 square feet of office space in the south end of the Executive Terminal Building at the Lubbock International Airport. to be used for the U.S. Customs Service. September 12, 1991 Page 648 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on: October 1, 1991 through September 30, 1992, subject to termination and renewal rights as may be hereinafter set forth. Subject to availability of FY 1992 funds. 3. The Government shall pay the Lessor annual rent of $1.00 at the rate of $1.00 per annum in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Lubbock Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 4. Either party may terminate this lease at any time by giving at least 60 days' notice in writing to the other and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the GOVERNMENT, for the following terms and at the following rentals: Lease can be renewed annually through September 30, 1993. Rental rates and services are negotiable. Provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: (a) Heating, air-conditioning, utilities and cleaning services are included. Also includes replacement lamps, tubes, and ballasts for light fixtures and toilet supplies. (b) The Government shall have direct access to the premises 24 hours a day, 7 days a week. (c) To ensure prompt payment, Lessor will submit a separate monthly invoice listing these transaction codes ACT 02022531, APC 633669, and OBCL 2321 to: U.S. Customs Service Port Director Route 3, Box 28 Lubbock, Texas 79401 (d) All questions pertaining to invoice payment under this contract must include: (1) Name of business; (2) Invoice date; (3) Lease number; (4) ACT number; (5) Description, price of actual service rendered; (6) Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent (same as paragraph 3). Send questions to: U.S. Customs Service, National Finance Center, Chief, Commerical Accounts, P.O. Box 68908, Indianapolis, Indiana 46268. Telephone number: (317) 298-1486. (e) As provided in the Federal Tort Claims Act (28 USC 2671 et seq), the Government is responsible for damage caused by a negligent or wrongful act or omission on the part of any federal employee acting within the scope of his employment. September 12, 1991 Page 649 7. The following are attached and made a part thereof: (a) General Clauses (GSA Form 3517); Pages 1-24 (01/91) (b) Representations and Certifications (GSA Form No. 3518; Pages 1-8 (01/91) 8. The following changes were made in this lease prior to its execution: The U.S. Customs Service shall be substituted for all references made to the General Services Administration (GSA) in GSA Form 3517 (Rev 1/91) and 3518. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. Lessor: By:/s/ B. C. McMinn B. C. McMinn, Mayor, City of Lubbock In Presence of: /s/ Ranette Boyd Ranette Boyd, City Secretary UNITED STATES OF AMERICA U.S. Customs Service, National Logistics Center P.O. Box 68906, 6026 Lakeside Blvd. Indianapolis, IN 46268 George R. Satterlee Contracting Officer Copies of the General Clauses and Representations and Certifications -are filed with Resolution No. 3707. This Agreement is for renewal of a one-year Lease with U.S. Customs Service for their office space on the east side of the airport. This Lease is for 648 square feet of office space at the rate of $1 per year. The Lease was approved by the Airport Board. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to authorize Resolution #3707 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-649-558 (17.) Consider Resolution #3708 authorizing the Mayor to execute a standard Airline Lease Agreement with Rocky Mountain Airways, Inc., dba Continental Express. September 12, 1991 Page 650 RESOLUTION #3708 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 by and between the City of Lubbock and Rocky Mountain Airways d/b/a Continental Express, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Airline Lease Agreement is filed with Resolution No. 3708. Staff received an executed copy of the City's standard Airline Lease Agreement from Continental Express. The delay in the regular negotiation process was due to Continental Airlines (the parent company for Continental Express) filing for bankruptcy under Chapter 11. The City Attorney's Office has reviewed the Lease and bankruptcy documentation provided by Continental and recommended authorization to proceed. Continental Express has paid all Lease rates since May, 1990 and is current except for one payment related to the bankruptcy filing. The Lubbock International Airport receives $1,287.95 per month for exclusive lease space in addition to their pro- rata share for common areas and landing fees. Continental Express provides exclusive direct service to the Denver Hub which connects with airlines serving the west and northwest. The Airport Board recommended approval of the Lease. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3708 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 651 91-50B-651-559 (18.) Consider Resolution #3709 authorizing the Mayor to sign Contract No. 512XXF6010 with the State Department of Highways and Public Transportation for Citibus operating assistance. RESOLUTION #3709 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 Transportation Contract (being numbered Contract 512-XXF-6010) to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the Public Transportation Contract is filed with Resolution No. 3709. This State Contract in the amount of $258,555 is for operating assistance for FY 1991-92. The funds will be used for the City's local share of the proposed route expansions scheduled to be implemented October 28, 1991 and next spring. The Contract amount sent by the State was to have been one-half of the funds allocated to the City of Lubbock for the State's Biennium (1991-1993). The State estimated that the total amount would be $517,110, or $258,555 per year. The Special Session is over and there is question about funds available in the State Public Transportation Fund (the State funding source for transit systems). During the Special Session, Transit Authorities with a dedicated sales tax were eliminated from receiving funds and consequently, the State allocated those funds to the remaining transit systems. This is the reason for Lubbock's increase over the $175,000 originally projected. September 12, 1991 Page 652 Staff has been advised that the City of Lubbock will receive between $141,548 to $300,000 during Fiscal Year 1992-93 and therefore recommended approval of this Contract in the amount of $258,555. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3709 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-652-560 (19.) Consider Resolution #3710 adopting the 1991 Park Development Plan. RESOLUTION #3710 WHEREAS, a park development plan would, among other things, help to ensure that the acquisition and development of park property in the City of Lubbock continues to address current community needs as well as anticipate future needs for outdoor recreational areas; and WHEREAS, the 1991 Park Development Plan for the City of Lubbock's Parks and Recreation Department follows guidelines established by the National Recreation and Park Association which are designed to help cities like Lubbock achieve these objectives; and WHEREAS, the absence of a park development plan could result in inefficient use of tax revenues; and WHEREAS, for the foregoing reasons the City Council of the City of Lubbock deems the adoption of the 1991 Park Development Plan to be in the best interest of the citizens of this City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and adopts the 1991 Park Development Plan for this City and hereby instructs the Parks Director of the City to implement such Plan. Passed by the City Council this 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The 1991 Park Development Plan is filed with Resolution No. 3710. September 12, 1991 Page 653 According to Staff memo, the first Park Commission was established in 1917 and park properties have increased to 2,885 acres. Within the parks system are 44 playgrounds, 106 game courts, 251 picnic units, 65 athletic fields, 5 swimming pools, 5 community centers, 4 senior citizen centers and 3 specialty centers. Other features including 22 park lakes, bleachers, water fountains, restrooms, trees, color beds, parking lots, jogging tracks, fences and signs are located throughout the parks system. Purpose of Development Plan For the past year, Staff has been working on a park development plan that focuses on analyzing the level of the parks system. The plan proposes basic standards to ensure that the actions and decisions for park land acquisition and development continue to address current community needs and anticipate future needs for outdoor leisure activities in a systematic manner. The proposed plan establishes a set of standards for park land acquisition and further suggests adoption of a classification system encompassing all types. Elements of the Plan The plan follows the National Recreation and Park Association guidelines which, at a minimum, suggest a parks system be composed of a "core" system of parklands which suggests that 6.25 to 10.5 acres of open space be provided for every 1000 people in a community. Combined with the "core" system approach, a classification system, based on park size, facilities, population served, and type of use, should be established. All park lands and facilities within the City's parks system are classified into one of the proposed categories. NEIGHBORHOOD PARKS --Characterized as being easily accessible to serve a neighborhood in a 1/4 to 1 mile radius and containing areas for intense recreation activities, such as field games, playgrounds, and picnicking. These are typically less than 15 acres in size within walking distance of a neighborhood and may be developed as a school -park facility. Examples: Carlisle, Tech Terrace, Washington. COMMUNITY PARKS --Designed to serve several neighborhoods in a 1 to 2 mile radius and range in size from 15 to 100 acres. Areas may include natural features as small lakes and are well -suited for athletic complexes, swimming pools, and exercise areas. Examples: Clapp, Maxey, Higginbotham. REGIONAL PARKS --Typically more than 100 acres in size and serve several communities within an hour's drive. Areas developed to be compatible with natural features of lakes, streams, or topography and provide opportunities for quality outdoor recreation such as camping, boating, picnicking, and nature viewing. Examples: Mackenzie, Yellowhouse Canyon Lakes. September 12, 1991 Page 654 SPECIAL USE --Developed for specific or single -use Purposes such as outdoor theatres, interpretative buildings, nature centers, display gardens and athletic areas. This category may include plazas or squares near commercial buildings or parkways and there is no size limit or specific service area for this category. Example: Meadowbrook Golf Course, Berl Huffman Athletic Complex. An organized classification system for parks and a system of standards for park land should provide a detailed, understandable and manageable description of the parks system. The Parks and Recreation Board met on August 27, 1991 and reviewed the 1991 Park Development Plan. The Parks and Recreation Board unanimously approved the plan. Staff recommended approval of this Resolution. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3710 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-654-561 (20.) Consider Resolution #3711 authorizing the Mayor to sign a Contract with Texas Department of Health for various health services. RESOLUTION #3711 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all associated documents, by and between the City of Lubbock and the Texas Department of Health for public health 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 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ R. Doug Goodman R. Doug Goodman, Public Health Administrator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Texas Department of Health Contract is filed with Resolution No. 3711. September 12, 1991 Page 653 According to Staff memo, the first Park Commission was established in 1917 and park properties have increased to 2,885 acres. Within the parks system are 44 playgrounds, 106 game courts, 251 picnic units, 65 athletic fields, 5 swimming pools, 5 community centers, 4 senior citizen centers and 3 specialty centers. Other features including 22 park lakes, bleachers, water fountains, restrooms, trees, color beds, parking lots, jogging tracks, fences and signs are located throughout the parks system. Purpose of Development Plan For the past year, Staff has been working on a park development plan that focuses on analyzing the level of the parks system. The plan proposes basic standards to ensure that the actions and decisions for park land acquisition and development continue to address current community needs and anticipate future needs for outdoor leisure activities in a systematic manner. The proposed plan establishes a set of standards for park land acquisition and further suggests adoption of a classification system encompassing all types. Elements of the Plan The plan follows the National Recreation and Park Association guidelines which, at a minimum, suggest a parks system be composed of a "core" system of parklands which suggests that 6.25 to 10.5 acres of open space be provided for every 1000 people in a community. Combined with the "core" system approach, a classification system, based on park size, facilities, population served, and type of use, should be established. All park lands and facilities within the City's parks system are classified into one of the proposed categories. NEIGHBORHOOD PARKS --Characterized as being easily accessible to serve a neighborhood in a 1/4 to 1 mile radius and containing areas for intense recreation activities, such as field games, playgrounds, and picnicking. These are typically less than 15 acres in size within walking distance of a neighborhood and may be developed as a school -park facility. Examples: Carlisle, Tech Terrace, Washington. COMMUNITY PARKS --Designed to serve several neighborhoods in a 1 to 2 mile radius and range in size from 15 to 100 acres. Areas may include natural features as small lakes and are well -suited for athletic complexes, swimming pools, and exercise areas. Examples: Clapp, Maxey, Higginbotham. REGIONAL PARKS --Typically more than 100 acres in size and serve several communities within an hour's drive. Areas developed to be compatible with natural features of lakes, streams, or topography and provide opportunities for quality outdoor recreation such as camping, boating, picnicking, and nature viewing. Examples: Mackenzie, Yellowhouse Canyon Lakes. September 12, 1991 Page 654 SPECIAL USE --Developed for specific or single -use purposes such as outdoor theatres, interpretative buildings, nature centers, display gardens and athletic areas. This category may include plazas or squares near commercial buildings or parkways and there is no size limit or specific service area for this category. Example: Meadowbrook Golf Course, Berl Huffman Athletic Complex. An organized classification system for parks and a system of standards for park land should provide a detailed, understandable and manageable description of the parks system. The Parks and Recreation Board met on August 27, 1991 and reviewed the 1991 Park Development Plan. The Parks and Recreation Board unanimously approved the plan. Staff recommended approval of this Resolution. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3710 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-654-561 (20.) Consider Resolution #3711 authorizing the Mayor to sign a Contract with Texas Department of Health for various health services. RESOLUTION #3711 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all associated documents, by and between the City of Lubbock and the Texas Department of Health for public health 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 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ R. Doug Goodman R. Doug Goodman, Public Health Administrator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Texas Department of Health Contract is filed with Resolution No. 3711. September 12, 1991 Page 655 The Lubbock City Health Department is one of 72 departments in Texas which provide 85% of all its health care services to indigent citizens. The Texas Department of Health proposed Contract for FY 1991-92 provides $578,854 for programs in the areas of HIV/AIDS, laboratory services, immunizations, and various maternal and child health services. The Texas Department of Health has increased their funding to the City Health Department by approximately 13% over last year and the funding is equivalent to 75% of the Personal Health Service's Proposed Budget, providing for 50% of Staffing (15 employees). Included in this is approximately $91,000 of vaccines and $14,000 in laboratory supplies. Major differences from previous years or areas emphasized in the "General Provisions" section include: 1. Requirement for a certified statement summarizing the Self Insurance Plan. 2. Requirement to prepare outcome and process objectives, if applicable, pertaining to AIDS/HIV, Chronic Disease Prevention and Control, Food Protection, Immunization, Maternal and Child Health, Sexually Transmitted Diseases, Tuberculosis, Refugee Health, Hansen's Disease, Communicable Disease Epidemiology and Surveillance, Public Health Promotion, and On -Site Wastewater Facility Management. 3. The City must arrange for an agency -wide financial and compliance audit by an independent CPA in accordance with applicable OMB Circulators and Government Auditing Standards. Copy of the report must be sent to the State 30 days after receipt. The first of three items is $33,665 for HIV/AIDS services and requires that Staff perform counseling, testing, referral, and partner notification activities for persons at increased risk of HIV infection due to individual sexual behavior, intravenous drug abuse, or other risk behaviors. The testing must be voluntary, anonymous, and/or confidential and must provide culturally -sensitive and effective pre -test and post-test counseling based on the CDC approved model. The department may not keep a log of personal information, identifiers, or the individual's HIV status. After patient notification of test results, the original and all copies of test results will be shredded or destroyed. This grant will serve approximately 1,000 clients. Another Texas Department of Health amendment provides AIDS/HIV education to over 3,500 individuals. September 12, 1991 Page 656 The second item pertains to Community and Rural Health and is for $260,666 in direct and indirect supplement to the delivery of comprehensive public health services. This provides $14,000 in laboratory supplies, $91,064 in vaccine, $64,488 in the form of three State -paid positions, $67,114 to support City salaries, and $24,000 to pay physicians. Over 13,000 clients will receive immunizations, dental care, and sexually -transmitted disease services. This amendment will also provides supplies and money for salaries to support approximately 185,000 clinical tests per year. The last item is for Maternal and Child Health, and the State is providing $184,523 in direct and financial assistance for the City for health services to women and children. The Contract requires an emphasis on prenatal care, family planning services, and preventive child health services. The City must agree to participate in the development of networks under the leadership of the Regional Director in at least 50% of the meetings and must also agree to work with the State Region in coordinating services, avoiding duplication, and coordinating efforts. The unduplicated count of individuals served with this funding will exceed 3,900 clients. The Contract provides $222,586 in salaries and fringe benefits for City -paid employees, $29,004 in salaries for two State -paid employees, $16,200 for physician coverage, and $16,733 is provided for supplies. Because Legislative requirements delayed the process, the Texas Department of Health did not include the AIDS Education Coordinator on this Contract. Staff was informed of approval and will be adding $36,008 to the Contract in the next few weeks which will raise the total amount to $614,862, ($70,348 increase over last fiscal year). In addition to the money, supplies, and personnel to operate, the State Contract allows the City to use them as consultants and provides many of the forms. The Board of Health recommended City Council approval of this Contract. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3711 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-656-562 (21.) Consider Resolution #3712 authorizing the Mayor to sign a grant application and related documents for Community Services Block Grant from the Texas Department of Community Affairs. September 12, 1991 Page 657 RESOLUTION #3712 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 and is to be in the amount of One Hundred Eighty -Eight Thousand Three Hundred Fifty and No/100 Dollars ($188,350.00) 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 12th day of September, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ David Ellison David Ellison, Assistant City Manager APPROVED AS TO FORM /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Texas Department of Community Affairs Grant Application is filed with Resolution No. 3712. The Community Services Block Grant for FY 1991-92 is for $188,350 and will allow the Community Services Department to maintain the current level of programming to assist low-income families and individuals. The program includes the Information and Referral Section, which responds to telephone requests for information concerning community resources; annual publication of the Directory of Human Services used by employees and other agencies in the community; and tracking clients requesting services from a variety of agencies. This information is used by churches and other agencies providing food and other assistance, to determine need and to avoid duplication of services. 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 with the City's 20% share covered by allocation of indirect cost reimbursement through the City going back into Community Services programming. The City provides the salary of the Information and Referral Coordinator for services with the Committee for Women. September 12, 1991 Page 658 91-50B-658-563 (22.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3712 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9477 AN ORDINANCE AMENDING ORDINANCE NO. 9452 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE OPERATION OF A TELECOMMUNICATIONS BUSINESS BY SOUTHWESTERN BELL TELEPHONE COMPANY IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN THE CITY OF LUBBOCK BY AMENDING SECTION 13 OF SAID ORDINANCE, WHICH PERTAINS TO COMPENSATION TO THE CITY; PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY SOUTHWESTERN BELL TELEPHONE COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. On July 11, 1991, City Council approved a Street and Alley Use Agreement with Southwestern Bell Telephone at a fee considerably above that in the past. Southwestern Bell Telephone Company has again approached the City offering to improve the Street and Alley Use Agreement regarding the amount of the fee, due to ongoing negotiations by Southwestern Bell Telephone Company with other Texas cities. Prior to the new Agreement of July, 1991, the Street and Alley Use fee was based on 2% of certain gross revenues and the new proposal by Southwestern Bell Telephone recalculates the old fees at 4% and brings them to the current day. The schedule below illustrates the impact of the proposal from Southwestern Bell Telephone compared to the current Agreement under which the City is now operating. Current Proposed Increase 1991-92 $ 940,000 $ 940,000 $ -0- 1992-93 968,000 1,411,000 442,800 1993-94 1,006,928 1,854,000 847,072 1994-95 1,047,205 1,909,000 861,795 1995-96 1,089,093 1,966,909 877,816 $5,051,426 $8,080,909 $3,029,483 The increase over the five-year Agreement is estimated at $3,029,483. Staff advised that this proposal will bring the City's Street and Alley Use Agreement with Southwestern Bell Telephone up to a consistent level with other Texas cities and recommended approval of the Ordinance. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass on first reading Ordinance #9477 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 659 91-50B-659-564 (24.) BID #11506--Boiler feed pump valves (Electric Production). Alexander Reeves Equipment Co., Amarillo--2 ea. boiler feed pump valve. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-659-565 (25.) BID #11276--Earth moving equipment (Central Garage). Associated Supply Co. --Compactor 61,500 lb., Spec 950; Caron Wheels; Extended Powertrain Warranty. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-659-566 (26.) BID #11458--Laboratory services (Personnel). Occupational Medicine Clinic Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-659-567 (27.) BID #11512--ACM Abatement --Canyon Lakes Apartments, and authorize same (Codes Administration). RESOLUTION #3713 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 Padgett Construction for ACM Abatement at the Canyon Lakes Apartments, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /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 APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 12, 1991 Page 660 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of September, 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 Padgett Construction 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. 11512 A.C.M. Abatement at Canyon Lakes Apartments (Codes Administration) in the amount of $13,885.00 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Rob Allison /s/ Don Vandiver ATTEST: Ls/ Leo Padgett CONTRACTOR Secretary By: Leo Padgett TITLE: President COMPLETE ADDRESS: Padgett Construction Company P.O. Box 2895 Lubbock, Texas 79408 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3713 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 661 91-50B-661-568 (28.) BID #11459--Pre-employment physicals (Personnel). Occupational Medicine Clinic Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-661-569 (29.) BID #11478--Carlisle Paving, and authorize same (Community Development). RESOLUTION #3714 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 Williams & Peters Construction for En -Carlisle Paving, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September, 1991. /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 APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 12, 1991 Page 662 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of September, 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 Williams & Peters 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 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. 11478 Carisle Paving (Community Development) in the amount of $63,687.50 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Williams & Peters Construction Company P.O. Box 5215 Lubbock, Texas 79417 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3714 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 663 91-50B-663-570 (30.) BID #11475--Lab Information Management Software (Water Treatment). Laboratory Microsystems, Inc., Troy, NC Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-663-571 (31.) BID #11492--Annual pricing for concrete (Streets). Cement & Supply Co.--200 If. 561010301 1/2X3 expansion joint material; 200 If. 561010302 1/2X3- 1/2 expansion joint material; 200 If. 561010303 1/2X4 expansion joint material; 250 If. 561010304 1/2X6 expansion joint material; 200 ea. 561010305 30" curb & gutter expansion joint material; 600 cy. 561010306 Class A 5-1/2 sack concrete; 800 cy. 561010307 Class A high early strength concrete; 100 cy. 561010308 Class A calcium chloride concrete; 1,200 cy. 561010309 Class C 4-1/2 sack concrete; 100 cy. 561010310 Class C high early strength concrete; 200 cy. 561010311 Class C calcium chloride concrete; 200 cy. 561010312 Class A 6 sack concrete; 200 cy. 561010313 Class A high early strength concrete; 100 cy. 561010314 Class A calcium chloride concrete; 300 cy. 561010315 Class B 5 sack concrete; 300 cy. 561010316 Class B high early strength concrete; 300 cy. 561010317 Class B calcium chloride concrete; 600 cy. 561010318 3500 PSI 5-1/2 sack concrete; 500 cy. 561010319 ground stabilizer caliche w/3 sack cement mix. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-663-572 (32.) BID #11491--Annual pricing for hot mix (Streets). Williams & Peters Construction--600 tn. 561010210 cold mix. Lubbock Asphalt Products--600 tn. 561010208 Type C hot mix using local aggregate; 600 tn. 561010209 Type D hot mix using local aggregate. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-663-573 (33.) BID #11499--Annual pricing for antifreeze (Warehouse Parts). Industrial Lubricants Company--3,000 gl. antifreeze, gallon container; 550 gl. antifreeze, drum container. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 664 91-50B-664-574 (34.) BID #11502--Miscellaneous electrical items (Central Warehouse). Nunn Electric Supply Corp.--100 ea. duplex receptacle, 15A, 125V, ivory plastic; 20 ea. concrete standard w/100W, HPS, luminaire. Nelson Electric Supply--250 ea. No. 4, ACSR formed tie wire; 100 ea. 1" conduit locknut; 150 ea. 2" 90 deg. ell, 12" radius, Schedule 40 PVC. Cummins Supply, Amarillo--1,000' 4/0 alum. URD triplex wire; 100 ea. 400 W 480V, luminaires. Graybar Electric Co., Amarillo--200' 1/2" non- metallic ribbed flex. conduit; 1,000' No. 8, THHN, white stranded wire in 500' reels. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-664-575 (23.) Hold an Executive Session to discuss land acquisition (Right -Of -Way). 91-50B-664-576 (24.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities and/or appointments to: Civic Centers Board Board of Health Community Services Commission 91-50B-664-577 (36.) Consider one appointment to the Civic Center Board to fill the unexpired term of Bob Bray. Mr. Bray's term will expire on August 1, 1992. 91-50B-664-578 (37.) It was consensus of Council to hold appointments to the Civic Center Board until the next Council meeting. to expire February 21, 1994 and Mr. Ramirez' term was due to expire February 21, 1992. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Dr. Barry Bartee to fill the unexpired term of Dr. Jack Rudd and Ronnie Thompson to fill the unexpired term of Jose Ramirez on the Board of Health. Motion carried: 7 Yeas; 0 Nays. September 12, 1991 Page 665 91-50B-665-579 (38.) 31, 1993. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to appoint Brenda Gipson to the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to adjourn the meeting at 11:25 a.m. Motion carried: 7 Yeas; 0 Nays. B. C.4Mcinn, Mayor ATTEST: Ran tte Boyd, City Scfcretary Read and approved this the 26th day of September, 1991. C . C. Qcin�,Ma�yor ATTEST: C--, .4� RanettdLBoyd, City Secr ary