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