HomeMy WebLinkAboutMinutes - City Council - Regular - 5/14/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MAY 14, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 14th day of May, 1992 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor David Langston, Mayor Pro Tem T. J. Patterson,
Councilman Randy Neugebauer, 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 City Secretary
Ranette Boyd.
Mayor Langston called the meeting to order at 10:00 A.M.
( 1.} The Invocation was given by Robert Massengale,
Assistant City Manager.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to approve the Minutes of the April
23, 1992 Regular City Council meeting and the May 7,
1992 Special City Council meeting as written.
Motion carried: 7 Yeas; 0 Nays.
Mayor Langston discussed the consent agenda and invited comments from
Council and citizens on the following Item #'s 6-10 and 16-19,
considered as routine items.
92-51A-373-253
( 6-) ORDINANCE #9518--Zone Case #2685 [84th Street and
tract out of Section 15, Block E-2.
ORDINANCE#9518
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2685; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOUSE/GARDEN
HOME ON A TRACT DF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9518 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 374
92-51A-374-254
[ 7.) ORDINANCE #9516--Repealing Section 1_6-128 of the
Code of Ordinances with regard -to one-way streets.
ORDINANCE #9516
AN ORDINANCE REPEALING SECTION 16-128 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ONE-WAY STREETS; AND
REPEALING SUCH OTHER ORDINANCES NAMING ONE-WAY STREETS AS MAY BE OF
RECORD; PROVIDING THAT ONE-WAY STREETS SHALL BE DESIGNATED HEREAFTER BY
ADMINISTRATIVE ORDER OF THE CITY MANAGER; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9516 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51A-374-255
{ 8.) ORDINANCE #9517--Authorizing a new traffic signal at
the intersection of the east leg of 74th Street and
University Avenue.
ORDINANCE #9517
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT INTERSECTION OF
EAST LEG OF 74TH STREET AND UNIVERSITY AVENUE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9517 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
92-51A-374-256
{ 9.) ORDINANCE-#9520-Amendment to Ordinance #9385
concerning _clarification of the Educational
Incentive Pay Ordinance for Civil Service employees.
ORDINANCE #9520
AN ORDINANCE AMENDING THE EDUCATIONAL INCENTIVE PAY ORDINANCE NO.
9385 OF 'THE CITY OF LUBBOCK, TEXAS; DEFINING TERMS IN RELATION TO
EDUCATIONAL INCENTIVE PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE AND
POLICE DEPARTMENTS OF THE CITY OF LUBBOCK; PROVIDING FOR SUCH INCENTIVE
PAY AND 'THE REQUIREMENTS AND BASIS THEREFOR; PROVIDING FOR THE REPEAL OF
ARTICLE III, CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9520 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 375
92-SIA-375-257
(10.) ORDINANCE #9521--Authorizing the City of Lubbock,
Texas, Combination Tax and Sewer System, Subordinate
Lien. Revenue Certificates of Obligation. Series
1992...(Wastewater).
ORDINANCE #9521
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1992"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SEWER
SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND
DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES; AND PROVIDING AN EFFECTIVE DATE.
92-51A-375-258
(18.)
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance 09521 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3880
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
TRACTS A, A-1, B, C, D, D-1, D-2, 4E, KINGS PARK ADDITION.
WHEREAS, the developer of Lots A, A-1, B, C, D, D-1, D-2, 4E,
Kings Park Addition has complied with the provisions of the City of
Lubbock Code of Ordinances, Chapter 28, Article 1V, by providing the
water avid sewer improvements for said Addition in accordance with
paragraph 156 of said Chapter 28; and
WHEREAS, the total utility costs to the developer are $48,930.72,
with the! improvements constructed by Craft Construction Co. having a
value of $33,646.38, as determined by the unit prices established by
said Chapter 28, and $15,284.34 cash paid to the City, including
$14,624.62 for adjacent lines, with Lubbock Development, Inc., the
developer, to receive a refund of $7,896.20 in accordance with Chapter
28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $00.00; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
May 14, 1992
Page 376
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $7,896.20 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$00.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 14th day of May, 1992.
Zs/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
I_si Ranette__Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D., Watson
Wilford D. Watson, Chief water
Utilities Engineer
APPROVED AS TO FORM:
/sZ J. Warth.Fullingim
J. north Fullingim
Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $48,930.72 including value of
construction costs of $33,646.38 and $15,284.34 cash
paid to the City of Lubbock. The developer, Lubbock
Development Inc., will receive a refund of $7,896.20
in accordance with Chapter 28 of the Code of the
City of Lubbock, There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to authorize Resolution #3880
as recommended by Staff. Motion carried: 7 Yeas; 0
Hays.
May 14, 1992
Page 377
92-51A-377-259
(19.)
RESOLUTION #3881
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
801 THROUGH 835, LAKERIDGE COUNTRY CLUB ESTATES ADDITION.
WHEREAS, the developer of Lots 801 through 835, Lakeridge Country
Club Estates Addition has complied with the provisions of the City of
Lubbock Code of Ordinances, Chapter 28, Article IV, by providing the
water and sewer improvements for said Addition in accordance with
paragraph 156 of said Chapter 28; and
WHEREAS, the total utility costs to the developer are $86,166.15,
with the improvements constructed by Craft Construction Co. having a
value of $83,184.62, as determined by the unit prices established by
said Chapter 28, and $2,981.53 cash paid to the City, with Lakeridge
Estates of Lubbock, the developer, to receive a refund of $00.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $00.00; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $00.00 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the arnount of
$00.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from andr after the date of its passage.
Passed by the City Council this 14th day of May, 1992.
Zs/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Isl Ranette Bond
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5 Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
J. Worth Fullingim
J. Worth FUllingim
Assistant City Attorney
May 14, 1992
Page 377
92-51A-377-259
(19.) Consider Resolution #3881 authorizing acceptance of
water and sewer improvements for Lots 801 through
835, Lakeridge Country Club Estates Addition.
RESOLUTION #3881
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
801 THROUGH 835, LAKERIDGE COUNTRY CLUB ESTATES ADDITION.
WHEREAS, the developer of Lots 801 through 835, Lakeridge Country
Club Estates Addition has complied with the provisions of the City of
Lubbock Code of Ordinances, Chapter 28, Article IV, by providing the
water and sewer improvements for said Addition in accordance with
paragraph 156 of said Chapter 28; and
WHEREAS, the total utility costs to the developer are $86,166.15,
with the improvements constructed by Craft Construction Co. having a
value of $83,184.62, as determined by the unit prices established by
said Chapter 28, and $2,981.53 cash paid to the City, with Lakeridge
Estates of Lubbock, the developer, to receive a refund of $00.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $00.00; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the City
of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $00.00 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$00,00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 14th day of May, I992.
/sl David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
__Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ U. worth Fullingim
J. Worth Fullingim
Assistant City Attorney
May 14, 1992
Page 378
92-51A-378-260
( 4.)
92-51A-378-261
( 5.)
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $86,166.15 including value of
construction costs of $83,184.62 and $2,981.53 cash
paid to the City of Lubbock. The developer,
Lakeridge Estates of Lubbock, will not receive a
refund. There is no refund of deposit.
Motion was made by Councilman Neugebauer, seconded
by Councilwoman Trejo to authorize Resolution #3881
as recommended by Staff. Motion carried: 7 Yeas; 0
Mays.
Recognition of Lubbock High School Science and Math
Ieam_National Championship.
Dr. Ed Wentz will appear to request a Loudspeaker
Permit for May 28-1992in con.iunction with a Cajun
Festival with a live band (4000.Block--84th Street).
Laura Hopping appeared on behalf of Dr. Ed Wentz to
request a Loudspeaker Permit for a Cajun Festival to
be held on the parking lot of his office at
4013-84th. According to Staff memo, there will be
live music, and the event will be from 5:00 p.m
until 7:00 p.m. The City ordinance requires that
all loudspeaker requests near residential areas have
an application, a survey of area residents, and that
findings and information be presented to City
Council for consideration and approval.
In this case, the application was returned with
approval from 17 residents which includes most of
those who live in the required one block radius.
The lots behind Dr. Wentz's property are vacant, as
are various other lots in this neighborhood.
The office is zoned GO (Garden Office), and there
are residences within the one block radius south of
this location. Staff has given Dr. Wentz a map with
the exact addresses which Heed to be petitioned for
approval of the permit. The request is only for two
hours and after the area businesses have closed.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to approve request of Dr. Ed
Wentz for a Loudspeaker Permit for May 28, 1992 from
5:00 p.m. until 7:00 p.m. as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 379
92-51A-379-262
(11.) Consider Resolution #3882 authorizing the Mayor to
sign the Cover Sheet on plans prepared by the Texas
Department of Transportation for removal and
replacement of Metal Beam Guard Fence on West Loop
289 and Spur 327.
RESOLUTION #3882
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, by
signature, the Cover Sheet of the Plans prepared by the Texas Department
of Transportation for state highway improvements on Loop 289 and Spur
327, State Project CD 7B3-2-61, CD 783-1-66, and CD 380-15-12 to remove
and replace metal beam guard fence.
Passed by the City Council this 14th day of May, 1992.
Is! David R. Langston
David R. Langston, Mayor
ATTEST:
/sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
Jsl J. worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of the cover sheet is filed with Resolution No. 3882.
This is a routine request from the Texas Department
of Transportation for the Mayor to sign the plans
for their construction projects within the City of
Lubbock. This project is to remove and replace
existing metal guard rail on West Loop 289 and Spur
327, at no cost to the City of Lubbock.
The plans for any improvements to State or Federal
highway facilities within the city limits of Lubbock
require approval of the City, as indicated by the
Mayor's signature on the Cover Sheet of the plans.
Since this will upgrade the appearance and safety of
this segment of Loop 289 at no cost to the city,
Staff recommended approval of this request.
May 14, 1992
Page 380
92-51A-380-263
(12.)
RESOLUTION #3883
BE 1T 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
Interlocal Cooperation Agreement with Lubbock County pertaining to the
construction of strip paving improvements on certain streets with the
City of Lubbock, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of May, 1992.
Is./ David R. Langston
David R. Langston, Mayor
ATTEST:
/sZ Ran tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ dim Bertram
Jim Bertram, Assistant City Manager
APPROVED AS TO FORM:
s Donald G, Vandiver
Donald G. Vandiver, First Assistant
City Attorney
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT is entered into on the I4th day of May, 1992, by
and between Lubbock County, Texas (hereinafter referred to as "County")
and the City of Lubbock, Texas (hereinafter referred to as "City"), both
parties being political subdivisions and local governments of the State
of Texas, pursuant to the authority granted and in compliance with the
provisions of Chapter 79I of the Government Code and Chapter 362 of the
Local Government Code of the State of Texas and in furtherance of the
responsibilities of said parties as provided under the law.
I. DEFINITIONS
(1) "local government" means a county; a home rule city,
village, or town organized under the general laws of this
state; a special district; a school district; a junior
college district; any other legally constituted political
subdivisions of the State of Texas or any adjoining state;
or a combination of political subdivisions.
May 14, 1992
Page 381
(2) "governmental functions and services" means all or part of
any functions or service included within the follwing
general areas: police protection and detention services;
fire protection; streets, roads and drainage; public health
and welfare; parks; recreation; library services; museum
services; waste disposal; planning; engineering
administrative functions; and such other functions which
are of mutual concern to the contracting parties.
(3) "administrative functions and services" means functions
normally associated with the routine operation of
government such as tax assessment and collection, personnel
services, purchasing, data processing, warehousing,
equipment repair, and printing.
(4) "party" means a county, municipality, state agency, or
other political subdivision of this State who either
requests mutual aid pursuant to this Agreement or responds
to such request for aid and is signatory to this Agreement.
(5) "municipality" means any city or town, including a home
rule city operating under the general law or a special
charter.
(6) "chief administrative officer" means the mayor or city
manager of a municipality or the county judge.
II. PURPOSES
The purpose of this Agreement is to cooperate in order to provide
street paving and to maintain public ways used for vehicular traffic
within the bounds of Lubbock County and the City of Lubbock.
The services performed and expenditures made pursuant to this
Agreement shall be deemed for public and government purposes.
The specific purposes of the Agreement include cooperation in the
contruction of street strip paving improvements on the following:
East 81st Street - From Ash Avenue East approximately 300 feet.
III. Authorization
(1) This Agreement shall be duly authorized by the governing
body of each chief administrative officer who signed
herein. If a governing body fails to authorize such
Agreement, then this Agreement shall be considered null and
void.
(2) The authority of the parties pursuant to this Agreement
includes compliance with the rules, regulations, and
requirements of the City and the County.
(3) The County hereby agrees to perform the strip paving
construction with no cost to the City, except for those
tasks assigned to the City in IV below. See Letter
attached hereto as Exhibit A.
(4) Improvements contemplated by this document will be paid for
with current revenues available to the paying party.
May 14, 199Z
Page 382
IV. DUTIES
The County will perform the following duties:
(a) The materials and effort necessary to complete the
construction of strip paving improvements on the streets
listed in 11. above.
(b) The construction of the strip paving will be in conformance
with the requirements listed in Section 24-153 of the City
of Lubbock Code of Ordinances, including:
(1) Shaped drainage ditches;
(2) Minimum 24 foot wide roadway with 5 inches of
compacted caliche base; and
(3) Minimum ZO foot wide paved surface with either a
three course penetration type surface or one and
one -forth (1 1/4) inches of Type "C" hot mix
asphaltic concrete surface.
The City will perform the following duties:
(a) any surveying, staking or associated tasks requested
by th eCounty.
V. WAIVER AND INDEMNIFICATON
Each party shall indemnify and hold harmless the other party to
this Agreement from all claims by third parties for property damange or
personal injury which may arise out of activities undertaken while
participating under this Agreement. In lawsuits where either party may
be liable in part or total for the payment of damages, then any other
party to this Agreement may intervene in such cause of action to protect
its interest.
VI. AMENDMENTS
This Agreements contains all commitments and agreements of the
parties and no other oral or written commitments shall have any force or
effect if not contained herein. Any proposed amendments shall not be
effective until approved in writting by all parties to this Agreement.
VII. TERM AND EFFECTIVE DATE
This Agreement shall become effective upon signing by both
parties and by the aurthorized and designed agents of the governing body
of each party. It shall remain in effect until terminated by either
party upon written notice setting forth the date of termination. The
parties agree that each shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other party of this
Agreement.
VIII. VIENUE
Each party agrees that if legal action is brought under this
Agreement, exclusive venue shall lie in Lubbock County, Texas.
Ix. SAVING CLAUSE
In the event that one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement
and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
May 14, 1992
Page 383
X. MUTUALITY
IN WITNESS WHEREOF, the parties to this Agreement have executed
this Agreement as of the effective date written below, each respective
party acting by and through its governing body or its designee in the
manner required by law on the date hereinbelow specified.
SIGNED this 14th day of May, 1992.
CITY OF LUBBOCK
ZsZ David R. Langston
David R. Langston, Mayor
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
JsZ Donald O. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
APPROVED AS TO CONTENT:
Zsl Jim Bertram
Jim Bertram, Assistant City
Manager/Development Services
LUBBOCK COUNTY
Don McBeath, County Judge
ATTEST:
Ann Davidson, County Clerk
APPROVED AS TO FORM:
Travis S. Ware, Criminal
District Attorney
Members of a church which is currently being
constructed at the northeast corner of East 81st
Street and Ash Avenue requested strip paving
improvements on East 81st Street. Lubbock County
Commissioner Eliseo Solis was contacted to determine
if he would be willing to construct this strip
paving. Mr. Solis had previously committed to
construct strip paving on Ivory Avenue in this
general area.
This Agreement was drafted with the same provisions
as the last one approved by Council on April 9, 1992
meeting. The County will pave the street to City
strip paving specifications with no construction
cost to the City. The City will cooperate with
surveying assistance and helping to establish
grades.
Since there are few opportunities for streets such
as this to be paved with CD funds or under an
assessment paving program, and since there is no
capital cost to the City, Staff recommended
approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Trejo to authorize Resolution #3883
as recommended by Staff. Motion carried: 1 Yeas; 0
Nays.
May 14, 1992
Page 384
92-51A-384-264
(13.) Consider Resolution #3884 authorizing the Mayor to
execute a Contract with the Texas Historical
Commission for 1992-1993 Certified Local Government
Grant ($4.600).
RESOLUTION 03884
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 Texas Historical Commission for a 1992-1993 Certified
Local Government Grant in the amount of four thousand six hundred
dollars ($4,600.00) to provide travel funds and produce a publication on
architecture and historic preservation in Lubbock. 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 14th day of May, 1992.
ZsZ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ H. David. Jones
H. David Jones, Director of Planning
APPROVED AS TO FORM:
ZsZ Linda L. Cham les
Linda L. Chamales, Assistant City
Attorney
CERTIFIED LOCAL GOVERNMENT GRANT
This agreement is entered into by the Texas Historical Commission,
a State Agency, hereinafter referred to as the Commission, and the City
of Lubbock, hereinafter referred to as the Contractor, pursuant to a
grant made to the Commission for Fiscal Year 1992, by the U.S.
Department of the Interior, National Park Sevice, under the provisions
of the National Historic Preservation Act of 1966, P.L. 89-665 (16
U.S.C. Sec. 470 f). This grant is made for the purpose of funding a
project or projects to be undertaken by the Contractor as a participant
in the Certified Local Government program.
The Contractor in consideration of the hereinafter monetary sum to
be paid by the Commission agrees as follows:
Sec, 1. The Contractor shall undertake and complete the
project and/or projects as set out in the Approved Project Notification
(with detailed budget) and attached Environmental Certification
(Attachment A). Products developed under this agreement must conform to
the expectations of the Commission and the Project Proposal, as
stipulated in Attachment B.
May 14, 1992
Page 385
Sec. 2. It is agreed that the Contractor shall be an
independent Contractor for the purposes of this Agreement. The
Contractor shall not be considered the agent, the servant, or the
employee of the Commission for any purpose whatsoever. The liabilities
of any kind arising from the performance of the contracted work covered
by this Agreement and all Appendices thereto are the responsibility of
the Contractor.
Sec. 3. The staff employed by the Contractor shall meet the
Standards for professional qualifications as outlined in 36 CFR 61
(Attachment C), and be employed by competitive procurement. Regulations
of the O.S. Department of the Interior strictly prohibit unlawful
discrimination in federally -assisted programs on the basis of race,
color, and/or national origin. Therefore, the Contractor must sign DI
Form 1350 and addendum DI Form 1350 (Attachment D) and return signed
form to the Commission with this contract. In all cases the person(s)
employed by the Contractor to complete the work specified in Sec. 1 must
meet with the approval of the Commission. The professional hired must
also attend an orientation session with the Commission's National
Register staff prior to commencing work.
Sec. 4. The Contractor shall keep accurate financial records
available for audit by the Commission or by Federal auditors three years
from Project End Date. In addition to the terms detailed in this
Agreement, all Federal requirements governing grants (Office of
Management and Budget Circulares A-87 or A-122, A-102, or A-110, and A-
128) are applicable.
Sec. 5. All grant funds shall be spent in the manner and
amounts specified in the Approved Project Notification with detailed
Budget, a copy of which is attached to this document as Attachment A.
Sec. 6. The work covered by this Agreement shall begin May 20,
1992 and be completed by May 20, 1993. If for any reason the work is not
completed by such date or if the Agreement is canceled due to
Contractor's default, then all amounts paid under this Agreement shall
be immediately due and repayable to the Commission. It is further agreed
that all materials stipulated in Attachment A and 8 and all
reimbursement requests be submitted to the Commission by July 31, 1993.
Sec. 7. All documents referred to herein are hereby
specifically adopted as part of this Agreement, as is set forth herein.
The COMMISSION, in consideration of the hereinbefore described
undertaking by the Contractor, agrees as follows.
May 14, 1992
Page 386
The Commission shall reimburse the Contractor exclusively from
U.S. Department of the Interior grant-in-aid funds for historic
preservation (Certified Local Government) upon the receipt and approval
of invoices from the Contractor as long as the Contractor is in
compliance with this Agreement, up to the total grant sum of $4,600 as
specified in the Grant Award Letter (Attachment Q . Such payments to be
made as requested for services actually rendered, or if mutually agreed,
in one lump sum up to the total grant sum, upon completion and approval
of all the requirements set forth in this Agreement. The Contractor
shall submit documented reimbursement requests to the Commission and the
Commission will in turn reimburse the Contractor up to one half of the
requested figure. It is further agreed that a sum not to exceed 25% of
the total granted sum will be retained by the Commission until all
stipulated materials and properly documented reimbursement requests are
submitted by the Contractor.
IT IS FURTHER AGREED and understood by both parties that:
Sec. 1. All materials published, printed, or used for public
distribution funded in whole or in part by the Commission will note on
its materials that the Texas Historical Commission and the U.S.
Department of the Interior, National Park Service, aided in financially
assisting this work. However, the contents and opinions do not
necessarily reflect the views and policies of the Department of the
Interior, nor does the mention of trade names or commercial products
constitute endorsement or recommendation by the Department of the
Interior.
Sec. 2. This Agreement may not be amended by either party
without the written consent of the other party. In special cases,
adjustment of the contractual requirements may be necessary pursuant to
recommendations by the National Register Department with the approval of
the Texas Historical Commission.
Sec. 3. The Commission reserves the right to terminate this
Agreement when it is determined that the Contractor has failed to comply
with the terms and conditions of this Agreement or if it is determined
by both parties that the products being produced are not beneficial to
the project.
WITNESS OUR HANDS this 5th day of May, 1992.
CONTRACTOR TEXAS HISTORICAL COMMISSION
By:/s/ David R. Langston
David R. Langston, Mayor
Contractor's Agent
By:Js/ Curtis Tunnell
Executive Director
APPROVED AS TO FORM:
By:/s/ Name Not Legible
Assistant Attorney General
Copies of Attachments A, 8, C, D, and E are filed with Resolution No.
3884.
The Texas Historical Commission (THQ awarded this
grant to the City of Lubbock from funds reserved for
municipalities participating in the Commission's
Certified Local Government program. The City of
Lubbock Urban Design and Historic Preservation
Commission recommended the request for funds to:
May 14, 1992
Page 387
1. Provide travel funds for City staff
and commission members to attend the
Certified Local Government
Conference in Brownsville in
October, 1992. Commission member
attendance at preservation education
activities is required for continued
CLG status.
2. Produce a publication an
architecture and historic
preservation in Lubbock. This will
fulfill the Lubbock:2005 objective
to "publish and update a booklet on
architecture in Lubbock, art in
public places, and other design
features."
This is a matching grant program through the
Certified Local Government Program. The City's
match includes an in -kind contribution of salaries,
including benefits and indirect costs at the rate
set at the time of the grant application. Grant
funds will also be matched by a $2,500 contribution
from the Lubbock Heritage Society and $1,500 in
Community Development Block Grant funds and is a
one-time grant with no ongoing expenses. Grant
audit costs are not reimbursed in the grant. The
State has audited the THC grant accounts only once
in the past nine years. The grant proposal was
reviewed and approved by Budget and Research.
This grant request has successfully completed the
City's grant evaluation process and is the sixth
grant the City has received for historic
preservation activities under this program. This
resolution is based upon the award letter and
preliminary contract from the THC, and the final
contract should be received soon. Staff recommended
approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3B84 as
recommended by Staff. Motion carried: 7 Yeas; 0
Mays.
May 14, 1992
Page 388
92-51A-388-265
(14.)
RESOLUTION #3885
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 sanitary sewer line easement and two
temporary working easements for sanitary sewer line construction, and
the 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 an easement in, upon, over, under, along and across land as
needed for such purposes as aforesaid; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT easements in, upon, over, under, along and across
the following described tracts of land located in the Lubbock County,
Texas, be acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
(1) a permanent sanitary sewer line easement referred to
as a permanent utility easement and described in
Exhibit "A," attached hereto and made a part hereof.
(2) two (2) temporary working easements of 30 feet and 40
feet in width respectively as referred to and
described in Exhibit "A," attached hereto and made a
part hereof.
May 14, 1992
Page 389
SECTION 2. THAT the owner of said tract, being SOUTHWESTERN
PUBLIC SERVICE COMPANY, BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $4,722.00, which is the amount
appraised as the value and total damages for the acquisition of a
permanent sanitary sewer line in, upon, over, under, along and across
said real estate hereinabove described, and the amount of $1,892.00,
which is the value and total damages for the acquisition of the two (2)
temporary working easements of said sewer line in, upon, over, under,
along and across said real estate hereinabove described, for a total
offer in the aggregate of $6,614.00 to said owner, 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 an easement in, upon, over, under, along
and across said land as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 14th day of May, 1992.
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/sJ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Ed Elm
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
s J. Wlorth_Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of Exhibit A is filed with Resolution No. 3885.
This Sewer Line Easement is needed for the 27"
emergency effluent line which will travel from the
soon to be remodeled sewage treatment plant in
Southeast Lubbock and run southeastward from Lubbock
to empty into the Brazos River north of Slaton along
FM 400. This line crosses Southwestern Public
Service Company's property just northeast of Posey,
Texas and east of U.S. Highway 84 (Slaton Highway).
SPS recently purchased this farm property for
effluent water application of their own.
May 14, 1992
Page 390
This permanent easement will run east to west across
their property for 4,447.99' and is 30' in width.
The area of the permanent easement is 3.03 acres.
The Right -Of -Way Department originally calculated
this permanent easement at $1,515 and submitted it
to SPS as a contingent offer. They countered back
at $4,722 based on their purchase costs which were
reviewed with them by the Right -Of -Way Department.
Staff are also asking for a 70' working easement
with the total acreage needed of 7.06 acres. Forty
feet of this 70' working easement is on the south
side of the permanent easement and 30' is on the
north side. This line will be extremely deep and
additional area for construction is needed. The
Right -Of -Way Department calculated the working
easement and damages at $1,892 which SPS agreed to.
Once construction begins, crop damages will be due
the current tenant farmer for his interest and
aren't included in this offer.
Staff recommended an offer to Southwestern Public
Service for the permanent easement and for the
working easement of $5,614.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3885 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
May 14, 1992
Page 391
92-51A-391-266
Consider Resolution.#3886.authori_zing the Mayor to
execute a Funding Agreement with Lubbock Regional_
Mental Health and Mental Retardation Center
Community Living Center from Emergency Shelter Grant
Funding.
RESOLUTION #3886
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Emergency Shelter Funding Agreement by and between the City of Lubbock
and Lubbock Regional Mental Health and Mental Retardation Center,
Community Living Center, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 14th day of May, 1992.
�f--David- R.. Aangston
David R. Langston, Mayor
ATTEST;
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s Jean E. Shotts, Jr.
Jean E. Snetts, Jr., Assistant Trial
Attorney
May 14, 1992
Page 392
EMERGENCY SHELTER FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
LUBBOCK REGIONAL MENTAL HEALTH AND MENTAL RETARDATION CENTER
COMMUNITY LIVING CENTER
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 14th day of May, 1992, between
the City of Lubbock, Texas, a home rule municipal corporation,
hereinafter called "City" and Lubbock Regional Mental Health and Mental
Retardation Center, a nonprofit agency of the State of Texas created at
the request of a local government pursuant to Article 5547-2.03 Vernon
Texas Civil Statutes (MHMR Act 1955, as amended), a political
subdivision whose role is to perform public service in a particular
field, hereinafter referred to as "Center".
WITKESSETH:
WHEREAS, the City is obligated to do and perform certain services
in its undertaking of an Emergency Shelter Grants Program pursuant to
Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act
(Pub. L.100-77); and
WHEREAS, the Center is a nonprofit Center offering services to the
homeless; and
WHEREAS, the Center and the services it provides have been found
to meet the criteria for funding under provisions 575.23(b) of the
Emergency Shelter Regulation for Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of
facilities for the homeless, provision of essential services for the
homeless, and the payment of maintenance, operation (excluding staff),
rent, repair, security, fuels, equipment, insurance, utilities and
furnishing, developing and implementing homeless prevention activities
are fundable by the Department of Housing and Urban Development; and
WHEREAS, the provision of shelter and services to the homeless is
the predominant purpose of the transaction; continuing supervision by
the City together with statutory and continuing requirements provide
sufficient assurance that this purpose will be accomplished; and an
audit provides sufficient protection of the handling of public money;
NOW THEREFORE,the City and Center do hereby mutually agree as
following:
SECTION I. AGREEMENT PERIOD
This agreement shall commence on May 14th, 1992, and shall terminate on
February 10, 1993.
SECTION 2. CENTER PERFORMANCE
Center shall conduct, in a satisfactory manner as determined by City, an
Emergency Shelter Grants Program pursuant to Subpart B of Title IV of
the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77),
hereinafter referred to as the Act. Center shall perform all activities
in accordance with the terms of the Performance Statement, to as Exhibit
B; the Applicable Laws and Regulations, hereinafter referred to as
Exhibit C; the assurances, certifications, and all funded under this
agreement; and with all other terms, provisions, and requirements set
forth in this agreement.
May 14, 1992
Page 393
SECTION 3. CITY OBLIGATIONS
A. In consideration of full and satisfactory performance of the
activities referred to in Section 2 of this agreement, City shall be
liable for actual and reasonable costs incurred by Center during the
agreement period for performances rendered under this agreement by
Center, subject to the limitations set forth in this Section 3.
1. it is expressly understood and agreed by the parties hereto
that City's obligations under this Section 3 are contingent
upon the actual reciept of adequate federal funds to meet
City's liabilities under this agreement. If adequate funds
are not available to make payments under this agreement,
City shall notify Center in writing within a reasonable
time after such fact is determined. City shall terminate
this agreement and will not be liable for failure to make
payments to Center under this agreement.
2. City shall not be liable to Center for any costs incurred
by Center, or any portions thereof, which have been paid to
Center or which are subject to payment to Center, or which
have been reimbursed to Center or which are subject to
reimbursement to Center by any source other than City or
Center.
3. City shall not be liable to Center for any costs incurred
by Center which are not allowable costs, as set forth in
Section 5(B) of this agreement.
4. City shall not be liable to Center for any costs incurred
by Center or for any perffrmances rendered by Center which
are not strictly in accordance with the terms of this
agreement, including the terms of Exhibit A, Exhibit B, and
Exhibit C of this agreement.
5. City shall not be liable to Center for any costs incurred
by Center in the performance of this agreement which have
not been billed to City by Center within sixty (60) days
following termination of this agreement.
6. City shall not be liable for costs incurred or performances
rendered by Center before commencement of this agreement or
after termination of this agreement.
B. Center shall refund to City any sum of money which has been paid
to Center by City which City determines has resulted in
overpayment to Center, or which City determines has not been spent
by Center strictly in accordance with the terms of this agreement.
Such refund shall be made by Center to City within thirty (30)
working days after such refund is requested by City.
C. Notwithstanding any other provision of this agreement, the total
of all payments and other obligations incurred by City under this
agreement shall not exceed the sum of Twenty -Eight Thousand Six
Hundred Fifty and Nof100 Dollars ($28,650.00).
SECTION 4. METHOD OF PAYMENT
A. Center shall submit to City invoices for items purchased. City
shall determine the reasonableness of each purchase and shall not
make disbursement of any such payment until City has reviewed and
approved each purchase. Payment of approved purchases will be made
by the City directly to the supplier.
May 14, 1992
Page 394
B. Notwithstanding the provisions of Section 4(A) of this agreement,
it is expressly understood and agreed by the parties hereto that
payments under this agreement are contingent upon Center's full
and satisfactory performance of its obligations under this
contract.
C. It is expressly understood and agreed by the parties hereto that
any right or remedy provided for in this Section 4 or in any other
provision of this agreement shall not preclude the exercise of any
other right or remedy under this agreement or under any provision
of law, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies. Failure
to exercise any right or remedy hereunder shall not constitute a
waiver of the right to exercise that or any other right or remedy
at any time.
SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Center shall comply with Office of Management and Budget (OMB)
Circulars Nos. A-110 and A-112.
B. The allowability of costs incurred for performances rendered
hereunder by Center shall be determined in accordance with OMB
Circular No. A-122. Nothwithstanding any other provision of this
agreement, City shall only be liable to Center for costs incurred
or performances rendered for activities specified in 24 CFR Sec.
576.21(a) (54 Fed Reg 46801 (November 7, 1989).)
City shall not be liable to Center for costs incurred or
performances rendered for any other activities, than those
authorized under §576.21(a), (b) and (c).
C. Recipients and subrecipients which are governmental entities shall
comply with the requirements and standards of OMB Circular No. A-
87, OMB Circular A-128, and 24 CFR Part 85.
SECTION 6. CENTER'S MATCH
A. Center shall be liable to City for providing an amount of funds
equal to the amount of funds provided by City under this agreement
for performances hereunder. Such funds must be provided from
sources other than under this agreement. This amount shall be
referred to hereinafter as Center's match.
B. Amounts may be counted toward Center's match only if such amounts
are costs or resources of a type specified by budget categories
delineated in Exhibit B and only if such amounts are computed in
accordance with this subsection. In calculating the amount of
Center's match, Center may include the value of any donated
material or building; the value of any lease on a building; any
salary paid to staff of Center in carrying out the activities
required under this agreement; and the time and services
contributed by volunteers to carry out such activities, determined
at the rate of $5 per hour. Center shall determine the value of
any donated material or building, or any lease using any method
reasonably calculated to establish a fair market value.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Center shall comply with the retention and custodial requirements
for records specified in Attachment C of OMB Circular No. A-110.
B. Center shall give the United States Department of Housing and
Urban Development, the Inspector General, the Comptroller General
of the United States, and City, or any of their duly authorized
representatives, access to and the right to examine all books,
accounts, records, reports, files, and other papers, things or
propelrty belonging to or in use by Center pertaining to this
agreement. Such right shall continue as long as the records are
retained by Center.
May 14, 1992
Page 395
SECTION B. REPORTING REQUIREMENTS
A. Center shall submit to City such reports on the operation and
performance of this agreement as may be required by City
including, but not limited to, the reports specified in this
Section B.
B. Center shall furnish City with monthly financial statements of the
project or services being funded under this agreement. Such
statements shall contain all the information as may be requested
by the Community Development Administrator regarding the
performance of the Center's activities.
C. Center shall submit to City an annual performance report. Such
reports shall be in a format prescribed by City and shall include
the amount of the funds obligated and expended for each of the
four categories of eligible activities described in §575.21(a0
(1), (2), (3) and (4).
The initial annual performance report is required for the period
ending December 31 following the execution of this agreement, and
is due no later than 10 days after December 31. Center must
continue to submit this report annually until all emergency
shelter grant amounts are reported as expended.
D. In addition to the limitations on liability otherwise specified in
this agreement, it is expressly understood and agreed by the
parties hereto that if Center fails to submit to City in a timely
and satisfactory manner any report required by this agreement,
City may, at its sole option and in its sole discretion, withhold
any or all payments otherwise due or requested by Center
hereunder. If City withholds such payments, it shall notify Center
in writing of its decision and the reasons therefor. Payments
withheld pursuant to this paragraph may he held by City until such
tilme as the delinquent obligations for which funds are withheld
are fulfilled by Center.
SECTION 9. MONITORING
City reserves the right to perform periodic on -site monitoring of
Center's compliance with the terms and conditions of this agreement, and
the adequacy and timeliness of Center's performances under this
agreement. After each monitoring visit, City shall provide Center with a
written report of the monitor's findings. If the monitoring report notes
deficiencies in Center's performances under the terms of this agreement,
the monitoring report shall include requirements for the timely
correction of such deficiencies by Center. Failure by Center to take
action specified in the monitoring report may be cause for suspension or
termination of this agreement, as provided in Sections 17 and 18 of this
agreement.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is
contracting with Center as an Independent Contractor, and that Center,
as such, agrees to hold City harmless and to indemnify City from and
against any and all claims, demands, and causes of action of every kind
and character which may be asserted by any third party occurring or in
any way incident to, arising out of, or in connection with the services
to be performed by Center under this agreement, its use or occupancy of
the emergency shelter structure, or by the negligence of its agents or
employees. Center shall give to City prompt and timely written notice of
any claim instituted which in any way, directly or indirectly,
contingently or otherwise, affects or might affect City, and City shall
have the right to compromise and defend same to the extent of its own
interests.
The Center shall not at any time or in any manner represent that it or
any of its agents or employees are in any manner agents or employees of
the City.
May 14, 1992
Page 396
SECTION 11. &UBCONTRACTS
A. Center shall only subcontract for performances described in this
agreement to which the federal labor standards requirements apply
after Center has submitted a Subcontractor Eligibility form, as
specified by City, for each such approval, based on the
information submitted, of Center's intent to enter into such
proposed subcontract. Center, in subcontracting for any
performances described in this agreement, expressly understands
that in entering into such subcontracts, City is in no way liable
to Center's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically
the requirement that Center obtain City's prior written approval
of a subcontractor's eligibility, be construed as relieving Center
of the responsibility for ensuring that the performances rendered
under all subcontracts are rendered so as to comply with all of
the terms of this agreement, as if such performances rendered were
rendered by Center.
C. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of Center's or subcontractor's
performance hereunder. City maintains the right to insist upon
Center's full compliance with the terms of this agreement, and by
the act of approval under this Section 11, City does not waive any
right of action which may exist or which may subsequently accrue
to City under this agreement.
D. Center shall comply with all applicable federal, state, and local
laves, regulations, and ordinances for making procurements under
thiis contract, including Circular No. A-110, Attachment O
Procurement Standards.
SECTION 1'&. CONFLICT OF INTERES
In addition to the requirments of OMB Circular No. A-110 and 24 CFR Part
85, Center shall ensure that no person who is an employee, agent,
consultant, officer, or elected or appointed official of City or Center,
who exercises or has exercised any functions or responsibilities with
respect to activities performed pursuant to this agreement, or who is in
a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a personal or
financial interest or benefit from the activity, or have an interest in
any contract, subcontract, or agreement with respect to the activity or
the proceeds of any contract, subcontract, agreement related to the
activity, either for himself or herself or those with whom he or she has
family or business ties, during his or her tenure or for one year
thereafter.
SECTION 1:3. LEGAL AUTHORITY
A. Center assures and guarantees that Center possesses the legal
authority to enter into this agreement to receive funds authorized
by this agreement, and to perform the services Center has
obligated itself to perform hereunder.
B. The person or persons signing and executing this agreement on
behalf of Center, or representing themselves as signing and
executing this agreement on behalf of Center, do hereby warrant
and guarantee that he, she or they have been duly authorized by
center to execute this agreement on behalf of Center and to
validly and legally bind Center to all terms, performances, and
Provisions herein set forth.
May 14, 1992
Page 397
C. City shall have the right to suspend or terminate this agreement
if there is a dispute as to the legal authority of either Center
or the person signing this agreement to enter into this agreement
or to render performances hereunder. Center is liable to City for
any money it has received from City for performance of the
provisions of this agreement if City has suspended or terminated
this agreement for reasons enumerated in this Section 13.
SECTION 14. LITIGATION AND CLAIMS
Center shall give City immediate notice in writing of 1) any action,
including any proceeding before an administrative agency, filed against
Center arising out of the performance of any subcontract hereunder; and
2] any claim against Center, the cost and expense of which Center may be
entitled to have reimbursed by City. Except as otherwise directed by
City, Center shall furnish immediately to City copies of all pertinent
papers received by Center with respect to such actions or claims.
SECTION 15. SECTARIAN ACTIVITY
None of the performances rendered by Center under this agreement shall
involve and no portion of the funds received by Center under this
agreement shall be used in support of any sectarian or religious
activity, nor shall any facilities used in the performance of this
agreement be used for sectarian instruction or as a place of religious
worship.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement, any
alternations, additions, or deletions to the terms of this
agreement shall be by amendment hereto in writing and executed by
both parties to this agreement.
B. It is understood and agreed by the parties hereto that
performances under this agreement must be rendered in accordance
with the Act, the regulations promugated under the Act, the
assurances and certifications made to City by Center, and the
assurances and certifications made to the United States Department
of Housing and Urban Development by the City with regard to the
operation of the Emergency Shelter Grants Program. Based on these,
considerations, and in order to ensure the legal and effective
performance of this agreement by both parties, it is agreed by the
parties hereto that the performances under this contract may be
amended in the following manner: City, on behalf of the Department
of Housing and Urban Development, may from time to time during the
period of performance of this agreement issue policy directives
which serve to establish, interpret, or clarify performance
requirements under this agreement. Such policy directives shall be
promulgated by the U.S. Department of Housing and Urban
Development, shall have the effect of qualifying the terms of this
agireement, and shall be binding upon Center, as if written herein,
provided however, that said policy directives shall not alter the
terms of this agreement so as to release City of any obligation
specified in Section 3 of this agreement to reimburse costs
incurred by Center prior to the effective date of said policy
directives.
C. Any alterations, addition, or deletions to the terms of this
agreement which are required by changes in Federal law or
regulations are automatically incorporated into this agreement
without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
May 14, 1992
Page 398
SECTION 17. SUSPENSION
Notwithstanding the provisions of Texas Civil Statutes, Article 501f, in
the event that Center fails to comply with any term of this agreement,
City may, upon written notification to Center, suspend this agreement in
whole or in part and withhold further payments to Center, and prohibit
Center from incurring additional obligations of funds under this
agreement.
SECTION 18. TERMINATION
A. City shall have the right to terminate this agreement, in whole or
in part, at any time before the date of completion specified in
Section 1 of this agreement whenever City determines that Center
has failed to comply with any term of this agreement. City shall
notify Center in writing prior to the thirtieth (30th) day
preceding the date of termination of such determination; the
reasons for such termination; the effective date of such
termination; and in the case of partial termination, the portion
of the contract to be terminated.
B. Either of the parties to this agreement shall have the right to
terminate this agreement, in whole or in part, when both parties
agree that the continuation of the activities funded under this
agreement would not produce beneficial results commensurate with
the further expenditure of funds; provided that both parties
agree, in writing, upon the termination conditions, including the
effective date of such termination; and in the case of partial
termination, the portion of the agreement to be terminated.
C. Upon termination or receipt of notice to terminate, whichever
occurs first, Center shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts related to the
performance of this agreement or the part of this agreement to be
terminated, and shall cease to incur costs thereunder. City shall
not be liable to Center or to Center's creditors for costs
incurred after termination of this agreement.
D. Notwithstanding any exercise by City of its rights of suspension
under Section 17 of this agreement, or of early termination
purssant to this Section 18, Center shall not be relieved of any
liability to City for damages due to City by virtue of any breach
of this agreement by Center. City may withhold payments to Center
until such time as the exact amount of damages due to City from
Center is agreed upon or is otherwise determined.
SECTION 19. AUDIT
A. City reserves the right to conduct a financial and compliance
audit of funds received and performances rendered under this
agreement. Center agrees to permit City, the U.S. Department of
Housing and Urban Development, or their authorized representatives
to audit Center's records and to obtain any documents, materials,
or information necessary to facilitate such audit.
B. Center understands and agrees it shall be liable to City for any
costs disallowed pursuant to financial and compliance audit(s) of
funds received under this agreement. Center further understands
and agrees that reimbursement to City of such disallowed costs
shall be paid by Center from funds which were not provided or
otherwise made available to Center under this agreement.
C. Center shall take such action to facilitate the performance of
such audit or audits conducted pursuant to this Section 19 as City
or the U.S. Department of Housing and Urban Development may
require of Center.
May 14, 1992
Page 399
SECTION 20. SPECIAL CONDITIONS
A. Use as an Emergency Shelter
1. Any building for which emergency shelter grant amounts are
used for one or more of the eligible activities described in
24 CFR 576.21 (a) (1) must be maintained as a shelter for
the homeless for not less than a three-year period, or for
not less than a 10-year period if the grant amounts are used
for major rehabilitation or conversion of the building. Any
building for which emergency shelter grant amounts are used
for eligible activities described in 24 CFR 576.21 (a) (2)
or (a) (3) must be maintained as a shelter for the homeless
for the period during which such assistance is provided. A
substitute site or shelter may be used during this period,
so long as the same general population is served. Using
emergency shelter grant amounts for eligible activities in
24 CFR 576.21 (a) (4) does not trigger either the three- or
ten-year period.
2. The three- and 10-year periods referred to in paragrah B (1)
of this section begin to run:
a) In the case of a building that was not operated as an
emergency shelter for the homeless before receipt of
grant amounts under this part, on the date of initial
occupancy as an emergency shelter for the homeless.
b) In the case of a building that was operated as an
emergency shelter before receipt of grant amounts
under this part, on the date that grant amounts are
first obligated to the shelter.
3. Specifically, the Center shall be required to maintain the
building, for which emergency shelter grant amounts are
used, as a shelter for the homeless for not less than a
three year period from the date this agreement is executed.
This requirement will terminate on May 14, 1995.
B. Building Standards
Any building for which emergency shelter grant amounts are used
for renovation, conversion, or major rehabilitiation must meet
local government code, safety and sanitation standards.
C. Deadlines for Using Grant Amounts
Center shall expend all funds provided under this agreement by
February 10, 1993.
D. Religious Activities
Center shall ensure that activities performed under this agreement
shall be carried on in a manner free from religious influence.
May 14, 1992
Page 400
SECTION 21. ORAL. AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this
agreement relating to the subject matter of this agreement that
were made prior to the execution of this agreement have been
reduced to writing and are contained in this agreement.
B. The attachments enumerated and demoninated below are hereby made a
part of this agreement, and constitute promised performances by
Center in accordance with Section 2 of this agreement.
1. Exhibit A, Performance Statement, 1 page
2. Exhibit B, Budget, 1 page
3. Exhibit C, Applicable Laws and Regulations, 2 pages
For purposes of determining venue and the law governing this agreement,
activities under this agreement are performed in the City and County of
Lubbock, State of Texas.
This agreement contains the entire agreement of the parties; and no
representations, inducements or other covenants between the parties not
included herein shall be of any force or effect.
IN WITNESS WHEREOF, the City and the Center have executed this
Agreement as of the first day above written.
CITY OF LUBBOCK
s David R. Langston
David R. Langston, Mayor
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Sandy Ogletree
Sandy Ogletree
Community Development Administrator
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
LUBBOCK REGIONAL MENTAL HEALTH
MENTAL RETARDATION CENTER
IsZ Harvey L. Morton
Chairperson Board of Directors
ATTEST:
I 1 Brian D. Shannon
Secretary
Isj Gene Menefee
Executive Director
A copy of Exhibit A, B, and C are filed with Resolution No. 3886.
On January 23, 1992, the Lubbock City Council
approved the City of Lubbock's application to the
U.S. Department of Housing and Urban Development for
a $56,000 Emergency Shelter Grant. On April 9,
1992, the City Council approved the funding
recommendations of the Emergency Shelter Grant
Program Subcommittee.
Included in those recommendations was a project with
Lubbock Regional Mental Health and Mental
Retardation Center Community Living Center. The
program was approved to receive $28,650 for complete
renovation of the east wing building (including
completion of a kitchen and utility room),
installation of outside security lighting,
replacement of the roof over the center section of
the building, and provision of basic furnishings.
May 14, 1992
Page 401
The Community Living Center is the only facility in
Lubbock which provides comprehensive services for
the adult mentally ill in Lubbock. The special
demonstration project specifically targets
assistance to homeless mentally ill. This
population has been identified as a priority group
in need of assistance and comprises a larger
percentage of the homeless population, both locally
and nationally.
This Agreement has been considered and approved by
the Lubbock Regional MHMR Center Board of Directors.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3886 as
recommended by Staff. Motion carried: 7 Yeas; 0
Hays.
92-51A-401-267
(16.) Consider Resolution #3687„authorizing the Mayor to
execute a Funding Agreement with Women's Protective
Services of Lubbock, Inc. from Emergency Shelter
Grant Funding.
RESOLUTION # 887
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Emergency Shelter Funding Agreement by and between the City of Lubbock
and Women's Protective Services of Lubbock, Inc., attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of May, 1992.
ls1 David R. Langston
David R. Langston
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
sSandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
IsZ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
May 14, 1992
Page 402
EMERGENCY SHELTER FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement is entered into this 14th day of May, 1992, between
the City of Lubbock, Texas, a home rule municipal corporation,
hereinafter called "City" and Women's Protective Services of Lubbock,
Inc., a nonprofit corporation incorporated under the laws of the State
of Texas, hereinafter called "Corporation".
WITNESSETH.
WHEREAS, the City is obligated to do and perform certain services
in its undertaking of an Emergency Shelter Grants Program pursuant to
Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act
(Pub. L.100-77); and
WHEREAS, the Center is a nonprofit Corporation offering services
to the homeless; and
WHEREAS, the Center and the services it provides have been found
to meet the criteria for funding under provisions 676.23(b) of the
Emergency Shelter Regulation for Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of
facilities for the homeless, provision of essential services for the
homeless, and the payment of maintenance, operation (excluding staff),
rent, repair, security, fuels, equipment, insurance, utilities and
furnishing, developing and implementing homeless prevention activities
are fundable by the Department of Housing and Urban Development; and
WHEREAS, the provision of shelter and services to the homeless is
the predominant purpose of the transaction; continuing supervision by
the City together with statutory and continuing requirements provide
sufficient assurance that this purpose will be accomplished; and an
audit provides sufficient protection of the handling of public money;
NOW THEREFORE,the City and Corporation do hereby mutually agree as
following:
SECTION :I. AGREEMENT PERIOD
This agreement shall commence on May I4th, 1992, and shall terminate on
February 10, 1993,
SECTION 2. CENTER PERFORMANCE
Corporation shall conduct, in a satisfactory manner as determined by
City, an Emergency Shelter Grants Program pursuant to Subpart B of Title
IV of the Stewart B. McKinney Homeless Assistance Act fPub. L. 100-77),
hereinafter referred to as the Act. Center shall perform all activities
in accordance with the terms of the Performance Statement, to as Exhibit
B; the Applicable Laws and Regulations, hereinafter referred to as
Exhibit G; the assurances, certifications, and all funded under this
agreement; and with all other terms, provisions, and requirements set
forth in this agreement.
May 14, 1992
Page 403
SECTION 3. CITY OBLIGATIONS
A. In consideration of full and satisfactory performance of the
activities referred to in Section 2 of this agreement, City shall be
liable for actual and reasonable costs incurred by Corporation during
the agreement period for performances rendered under this agreement by
Corporation, subject to the limitations set forth in this Section 3.
I. It is expressly understood and agreed by the parties hereto
that City's obligations under this Section 3 are contingent
upon the actual reciept of adequate federal funds to meet
City's liabilities under this agreement. If adequate funds
are not available to make payments under this agreement,
City shall notify Center in writing within a reasonable
time after such fact is determined. City shall terminate
this agreement and will not be liable for failure to make
payments to Corporation under this agreement.
2. City shall not be liable to Corporation for any costs
incurred by Corporation, or any portions thereof, which
have been paid to Corporation or which are subject to
payment to Corporation, or which have been reimbursed to
Corporation or which are subject to reimbursement to
Corporation by any source other than City or Corporation.
3. City shall not be liable to Corporation for any costs
incurred by Corporation which are not allowable costs, as
set forth in Section 5(B) of this agreement.
4. City shall not be liable to Corporation for any costs
incurred by Corporation or for any perofrmances rendered by
Corporation which are not strictly in accordance with the
terms of this agreement, including the terms of Exhibit A,
Exhibit B, and Exhibit C of this agreement.
5. City shall not be liable to Corporation for any costs
incurred by Corporation in the performance of this
agreement which have not been billed to City by Corporation
within sixty (60) days following termination of this
agreement.
6. City shall not be liable for costs incurred or performances
rendered by Corporation before commencement of this
agreement or after termination of this agreement.
B. Corporation shall refund to City any sum of money which has been
paid to Corporation by City which City determines has resulted in
overpayment to Corporation, or which City determines has not been
spent by Corporation strictly in accordance with the terms of this
agreement. Such refund shall be made by Corporation to City within
thirty (30) working days after such refund is requested by City.
C. Notwithstanding any other provision of this agreement, the total
of all payments and other obligations incurred by City under this
agreement shall not exceed the sum of Thirteen Thousand Three
Hundred and No/I00 Dollars ($13,300.00).
SECTION 4. MEAD OF PAYMENT
A. Corporation shall submit to City invoices for items purchased.
City shall determine the reasonableness of each purchase and shall
not make disbursement of any such payment until City has reviewed
and approved each purchase. Payment of approved purchases will be
made by the City directly to the supplier.
May 14, 1992
Page 404
B. Notwithstanding the provisions of Section 4(A) of this agreement,
it is expressly understood and agreed by the parties hereto that
payments under this agreement are contingent upon Corporation's
full and satisfactory performance of its obligations under this
contract.
C. It is expressly understood and agreed by the parties hereto that
any right or remedy provided for in this Section 4 or in any other
provision of this agreement shall not preclude the exercise of any
other right or remedy under this agreement or under any provision
of law, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies. Failure
to exercise any right or remedy hereunder shall not constitute a
waiver of the right to exercise that or any other right or remedy
at any time.
SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
A. Corporation shall comply with Office of Management and Budget
{OMB} Circulars Nos. A-110 and A-112.
B. The ailowability of costs incurred for performances rendered
hereunder by Corporation shall be determined in accordance with
OMB Circular No. A-122. Nothwithstanding any other provision of
this agreement, City shall only be liable to Corporation for costs
incurred or performances rendered for activities specified in 24
CFR Sec. 575.21(a) (54 Fed Reg 46801 (November 7, 1989).)
C. Recipients and subrecipients which are governmental entities shall
comply with the requirements and standards of OMB Circular No.
A-87, OMB Circular A-128, and 24 CFR Part 85.
SECTION 15. CORPORATION'S MATCH
A. Corporation shall be liable to City for providing an amount of
funds equal to the amount of funds provided by City under this
agreement for performances hereunder. Such funds must be provided
from sources other than under this agreement. This amount shall be
referred to hereinafter as Corporation's match.
B. Amounts may be counted toward Corporation's match only if such
amounts are costs or resources of a type specified by budget
categories delineated in Exhibit B and only if such amounts are
computed in accordance with this subsection. In calculating the
amount of Corporation's match, Corporation may include the value
of any donated material or building; the value of any lease on a
building; any salary paid to staff of Corporation in carrying out
the activities required under this agreement; and the time and
services contributed by volunteers to carry out such activities,
determined at the rate of $5 per hour. Corporation shall determine
the value of any donated material or building, or any lease using
any method reasonably calculated to establish a fair market value.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Corporation shall comply with the retention and custodial
requirements for records specified in Attachment C of OMB Circular
No. A-110.
B. Corporation shall give the United States Department of Housing and
Urban Development, the Inspector General, the Comptroller General
of the United States, and City, or any of their duly authorized
representatives, access to and the right to examine all books,
accounts, records, reports, files, and other papers, things or
propelrty belonging to or in use by Corporation pertaining to this
agreement. Such right shall continue as long as the records are
retained by Corporation.
May 14, 1992
Page 405
SECTION 8. REPORTING REQUIREMENTS
A. Corporation shall submit to City such reports on the operation and
performance of this agreement as may be required by City
including, but not limited to, the reports specified in this
Section 8.
B. Corporation shall furnish City with monthly financial statements
of the project or services being funded under this agreement. Such
statements shall contain all the information as may be requested
by the Community Development Administrator regarding the
performance of the Corporation's activities.
C. Corporation shall submit to City an annual performance report.
Such reports shall be in a format prescribed by City and shall
include the amount of the funds obligated and expended for each of
the four categories of eligible activities described in §575.21(aO
(1), (2), (3) and (4).
The initial annual performance report is required for the period
ending December 31 following the execution of this agreement, and
is due no later than lO days after December 31. Corporation must
continue to submit this report annually until all emergency
shelter grant amounts are reported as expended.
D. In addition to the limitations on liability otherwise specified in
this agreement, it is expressly understood and agreed by the
parties hereto that if Corporation fails to submit to City in a
timely and satisfactory manner any report required by this
agreement, City may, at its sole option and in its sole
discretion, withhold any or all payments otherwise due or
requested by Corporation hereunder. If City withholds such
payments, it shall notify Corporation in writing of its decision
and the reasons therefor. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent
obligations for which funds are withheld are fulfilled by
Corporation.
SECTION 9. MONITORING
City reserves the right to perform periodic on -site monitoring of
Corporation's compliance with the terms and conditions of this
agreement, and the adequacy and timeliness of Corporation's performances
under this agreement. After each monitoring visit, City shall provide
Corporation with a written report of the monitor's findings. if the
monitoring report notes deficiencies in Corporation's performances under
the terms of this agreement, the monitoring report shall include
requirements for the timely correction of such deficiencies by
Corporation. Failure by Corporation to take action specified in the
monitoring report may be cause for suspension or termination of this
agreement, as provided in Sections 17 and 18 of this agreement.
May 14, 1992
Page 406
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is
contracting with Corporation as an Independent Contractor, and that
Corporation, as such, agrees to hold City harmless and to indemnify City
from and against any and all claims, demands, and causes of action of
every kind and character which may be asserted by any third party
occurring or in any way incident to, arising out of, or in connection
with the services to be performed by Corporation under this agreement,
its use or occupancy of the emergency shelter structure, or by the
negligence of its agents or employees. Corporation shall give to City
prompt and timely written notice of any claim instituted which in any
way, directly or indirectly, contingently or otherwise, affects or might
affect City, and City shall have the right to compromise and defend same
to the extent of its own interests.
The Corporation shall not at any time or in any manner represent that it
or any of its agents or employees are in any manner agents or employees
of the City.
SECTION 11. SUBCONTRACTS
A. Corporation shall only subcontract for performances described in
this agreement to which the federal labor standards requirements
apply after Corporation has submitted a Subcontractor Eligibility
form, as specified by City, for each such approval, based on the
information submitted, of Corporation's intent to enter into such
proposed subcontract. Corporation, in subcontracting for any
performances described in this agreement, expressly understands
that in entering into such subcontracts, City is in no way liable
to Corporation's subcontractor's).
B. In no event shall any provision of this Section 11, specifically
the requirement that Corporation obtain City's prior written
approval of a subcontractor's eligibility, be construed as
relieving Corporation of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to
comply with all of the terms of this agreement, as if such
performances rendered were rendered by Corporation.
C. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of Corporation's or subcontractor's
performance hereunder. City maintains the right to insist upon
Corporation's full compliance with the terms of this agreement,
and by the act of approval under this Section 11, City does not
waive any right of action which may exist or which may
subsequently accrue to City under this agreement,
0. Corporation shall comply with all applicable federal, state, and
local laws, regulations, and ordinances for making procurements
under this contract, including Circular No. A-110, Attachment 0
Procurement Standards.
SECTION 12. CONFLICT OF INTEREST
In addition to the requirments of OMB Circular No. A-110 and 24 CFR Part
85, Corporation shall ensure that no person who is an employee, agent,
consultant, officer, or elected or appointed official of City or
Corporation, who exercises or has exercised any functions or
responsibilities with respect to activities performed pursuant to this
agreement, or who is in a position to participate in a decision making
process or gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the activity, or
have an interest in any contract, subcontract, or agreement with respect
to the activity or the proceeds of any contract, subcontract, agreement
related 'to the activity, either for himself or herself or those with
whom he or she has family or business ties, during his or her tenure or
for one ;year thereafter.
May 14, 1992
Page 407
SECTION 13. LEGAL AUTHORITY
A. Corporation assures and guarantees that Corporation possesses the
legal authority to enter into this agreement to receive funds
authorized by this agreement, and to perform the services
Corporation has obligated itself to perform hereunder.
B. The person or persons signing and executing this agreement on
behalf of Corporation, or representing themselves as signing and
executing this agreement on behalf of Corporation, do hereby
warrant and guarantee that he, she or they have been duly
authorized by Corporation to execute this agreement on behalf of
Corporation and to validly and legally bind Corporation to all
terms, performances, and provisions herein set forth.
C. City shall have the right to suspend or terminate this agreement
if there is a dispute as to the legal authority of either
Corporation or the person signing this agreement to enter into
this agreement or to render performances hereunder. Corporation is
liable to City for any money it has received from City for
performance of the provisions of this agreement if City has
suspended or terminated this agreement for reasons enumerated in
this Section 13.
SECTION 14. LITIGATION AND CLAIMS
Corporation shall give City immediate notice in writing of 1) any
action, including any proceeding before an administrative agency, filed
against Corporation arising out of the performance of any subcontract
hereunder; and 2) any claim against Corporation, the cost and expense of
which Corporation may be entitled to have reimbursed by City. Except as
otherwise directed by City, Corporation shall furnish immediately to
City copies of all pertinent papers received by Corporation with respect
to such actions or claims.
SECTION 15. SECTARIAN ACTIVITY
None of the performances rendered by Corporation under this agreement
shall involve and no portion of the funds received by Corporation under
this agreement shall be used in support of any sectarian or religious
activity, nor shall any facilities used in the performance of this
agreement be used for sectarian instruction or as a place of religious
worship.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement, any
alternations, additions, or deletions to the terms of this
agreement shall be by amendment hereto in writing and executed by
both parties to this agreement.
May 14, 1992
Page 408
B. It is understood and agreed by the parties hereto that
performances under this agreement must be rendered in accordance
with the Act, the regulations promugated under the Act, the
assurances and certifications made to City by Corporation, and the
assurances and certifications made to the United States Department
of Housing and Urban Development by the City with regard to the
operation of the Emergency Shelter Grants Program. Based on these
considerations, and in order to ensure the legal and effective
performance of this agreement by both parties, it is agreed by the
parties hereto that the performances under this contract may be
amended in the following manner: City, on behalf of the Department
of Housing and Urban Development, may from time to time during the
period of performance of this agreement issue policy directives
which serve to establish, interpret, or clarify performance
requirements under this agreement. Such policy directives shall be
promulgated by the U.S. Department of Housing and Urban
Development, shall have the effect of qualifying the terms of this
agreement, and shall be binding upon Corporation, as if written
herein, provided however, that said policy directives shall not
alter the terms of this agreement so as to release City of any
obligation specified in Section 3 of this agreement to reimburse
costs incurred by Corporation prior to the effective date of said
policy directives.
C. Any alterations, addition, or deletions to the terms of this
agreement which are required by changes in Federal law or
regulations are automatically incorporated into this agreement
without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
SECTION 17. SUSPENSION
Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in
the event that Corporation fails to comply with any term of this
agreement, City may, upon written notification to Corporation, suspend
this agreement in whole or in part and withhold further payments to
Corporation, and prohibit Corporation from incurring additional
obligations of funds under this agreement.
SECTION 18. TERMINATION
A. City shall have the right to terminate this agreement, in whole or
in part, at any time before the date of completion specified in
Section I of this agreement whenever City determines that
Corporation has failed to comply with any term of this agreement.
City shall notify Corporation in writing prior to the thirtieth
(30uth) day preceding the date of termination of such
determination; the reasons for such termination; the effective
date of such termination; and in the case of partial termination,
the portion of the contract to be terminated.
B. Either of the parties to this agreement shall have the right to
terminate this agreement, in whole or in part, when both parties
agree that the continuation of the activities funded under this
agreement would not produce beneficial results commensurate with
the further expenditure of funds; provided that both parties
agree, in writing, upon the termination conditions, including the
effective date of such termination; and in the case of partial
termination, the portion of the agreement to be terminated.
C. Upon termination or receipt of notice to terminate, whichever
occurs first, Corporation shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts related to the
performance of this agreement or the part of this agreement to be
terminated, and shall cease to incur costs thereunder. City shall
not be liable to Corporation or to Corporation's creditors for
costs incurred after termination of this agreement.
May 14, 1992
Page 409
D. Notwithstanding any exercise by City of
under Section 17 of this agreement, or o
purusant to this Section 16, Corporation
any liability to City for damages due to
breach of this agreement by Corporation.
payments to Corporation until such time
damages due to City from Corporation is
otherwise determined.
SECTION 19. AUDIT
its rights of suspension
f early termination
shall not be relieved of
City by virtue of any
City may withhold
as the exact amount of
agreed upon or is
A. City reserves the right to conduct a financial and compliance
audit of funds received and performances rendered under this
agreement. Corporation agrees to permit City, the U.S. Department
of Housing and Urban Development, or their authorized
representatives to audit Corporation's records and to obtain any
documents, materials, or information necessary to facilitate such
audit.
B. Corporation understands and agrees it shall be liable to City for
any costs disallowed pursuant to financial and compliance audit(s)
of funds received under this agreement. Corporation further
understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Corporation from funds which
were not provided or otherwise made available to Corporation under
this agreement.
C. Corporation shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this Section 19 as
City or the U.S. Department of Housing and Urban Development may
require of Corporation.
SECTION 20. SPECIAL CONDITIONS
A. Use as an Emergency Shelter
1. Any building for which emergency shelter grant amounts are
used for one or more of the eligible activities described in
24 CFR 576.21 (a) (1) must be maintained as a shelter for
the homeless for not less than a three-year period, or for
not less than a 10-year period if the grant amounts are used
for major rehabilitation or conversion of the building. Any
building for which emergency shelter grant amounts are used
for eligible activities described in 24 CFR 576.21 (a) (2)
or (a) (3) must be maintained as a shelter for the homeless
for the period during which such assistance is provided. A
substitute site or shelter may be used during this period,
so long as the same general population is served. Using
emergency shelter grant amounts for eligible activities in
24 CFR 576.21 (a) (4) does not trigger either the three- or
ten-year period.
2. The three- and 10-year periods referred to in paragrah B (1)
of this section begin to run:
a) In the case of a building that was not operated as an
emergency shelter for the homeless before receipt of
grant amounts under this part, on the date of initial
occupancy as an emergency shelter for the homeless.
b) In the case of a building that was operated as an
emergency shelter before receipt of grant amounts
under this part, on the date that grant amounts are
first obligated to the shelter.
May 14, 1992
Page 410
3. Specifically, the Corporation shall be required to maintain
the building, for which emergency shelter grant amounts are
used, as a shelter for the homeless for not less than a
three year period from the date this agreement is executed.
This requirement will terminate an May 14, 1995,
B. Building Standards
Any building for which emergency shelter grant amounts are used
for renovation, conversion, or major rehabilitiation must meet
local government code, safety and sanitation standards.
C. Deadlines for Using Grant Amounts
Corporation shall expend all funds provided under this agreement
by February 10, 1993.
D. Religious Activities
Corporation shall ensure that activities performed under this
agreement shall be carried on in a manner free from religious
influence.
SECTION 21. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this
agreement relating to the subject matter of this agreement that
were made prior to the execution of this agreement have been
reduced to writing and are contained in this agreement.
B. The attachments enumerated and demoninated below are hereby made a
part of this agreement, and constitute promised performances by
Corporation in accordance with Section 2 of this agreement.
1. Exhibit A, Performance Statement, I page
2. Exhibit B, Budget, 1 page
3. Exhibit C, Applicable Laws and Regulations, 2 pages
For purposes of determining venue and the law governing this agreement,
activities under this agreement are performed in the City and County of
Lubbock, State of Texas.
This agreement contains the entire agreement of the parties; and no
representations, inducements or other covenants between the parties not
included herein shall be of any force or effect.
May 14, 1992
Page 411
IN WITNESS WHEREOF, the City and the Corporation have executed
this Agreement as of the first day above written.
CITY OF LUBBOCK
/s/ Oavid R. Langston
David R. Langston, Mayor
ATTEST:
/sf Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree
Community Development Administrator
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver
Assistant City Attorney
WOMEN'S PROTECTIVE SERVICES OF
LUBBOCK, INC.
/sf Name_not__Legi_ble
Chairperson Board of Directors
ATTEST:
/s/ Dahlia Nelson
Secretary
/s/ Sheryl Cates
Executive Director
A copy of Exhibit A, B, and C are filed with Resolution No. 3887.
Included in the Emergency Shelter Grant Subcommittee
recommendation was a project with Women's Protective
Services of Lubbock, Inc. The program was approved
by Council to receive $13,300 for renovation of
their residential facility.
The funding will be used to renovate an apartment
for handicapped accessibility (including remodeling
of the kitchen and bathroom and installation of
railings and ramps).
Women's Protective Services provides emergency
shelter and support to battered adults and their
children. In 1991, WPS sheltered 2,507 residents
and served an additional 3,419 non-residents for a
total of 5,926 clients served.
This Agreement has been considered and approved by
Women's Protective Services of Lubbock, Inc. Board
of Directors. Staff recommended approval.
Motion was made by Councilman Malay, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3887 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
May 14, 1992
Page 412
92-51A-412-268
(17.) Consider Reso.1.utinn__#3888__autho_ri.7i.ng_the_Ma_Yor to
approve. an application for an Occupant Protection
Selective Traffic Enforcement Grant (Seat Belt).
RESOLUTION #3888
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 associated documents by and between the City of Lubbock and
the Texas Department of Transportation for Occupant Protection Selective
Traffic Enforcement Project activities, 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 14th day of May, 1992.
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Ranette_Bnvd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy the Contract is filed with Resolution No. 3888.
The statewide goal for fiscal year 1992 safety belt
use by drivers, front seat passengers, and children
ages 0 to 4 is 70%. Lubbock currently has a safety
belt use rate of 701, and has a child passenger
restraint rate of 50.6%.
The Texas Traffic Safety program administered by the
State has as its objective to increase safety belt
use among drivers and front seat passengers by 5%
and child safety seat use by 10%. This is to be
accomplished by a public information and education
program along with a vigorous enforcement policy.
The State has offered safety belt enforcement grants
to local police departments to assist them with
accomplishing the objectives for seat belt safety.
The grant for Council consideration is to provide
funds for additional police enforcement for this
purpose. The grant will pay costs for police
officers' overtime to do this work and reimbursement
for use of police vehicles. The City of Lubbock
participated in a similar program last year.
This is a 100% funded grant in the amount of $20,000
to be administered during June, July and August.
Staff recommended approval of this grant.
May 14, 1992
Page 413
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3888
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51A-413-269
(20.) Consider Resolution #3889 creating a temporary
_Sto.rmwater.Adv_iscr_-.Committe.e__
RESOLUTION #3889
WHEREAS, the City Council has recognized new mandates being
imposed by the federal government for improving the quality of
stormwater runoff; and
WHEREAS, there also exists a need to review other stormwater
programs; and
WHEREAS, it is necessary to insure compliance with all federal and
state regulations pertaining to stormwater runoff; and
WHEREAS, a funding source to permanently finance these programs
has not been identified; and
WHEREAS, the City Council is in need of the advice of a citizens
advisory, group regarding the most appropriate improvements and/or
programs. and the best method of financing said improvements and/or
programs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a temporary "Stormwater Advisory Committee" is
hereby created.
SECTION 2. THAT the Committee is to be charged with the following
responsibilities:
1. An evaluation of potential stormwater improvements
and/or programs.
2. An evaluation of various financing methods for
proposed improvements and/or programs.
3. A recommendation of the Committee's preferred method
of financing.
4. An evaluation of the impact that the financing of such
improvements and/or programs will have on the City's
overall bonding capacity, if applicable.
5. A recommendation regarding proposed service rates, if
applicable, for these improvements and/or programs,
6. A recommendation regarding public education efforts
proposed to fully inform the public of the impact of
the federal legislation.
7. An interim report will be presented to the City
Council in October, 1992, to provide information on
the progress and status of the Committee's tasks.
May 14, 1992
Page 414
SECTION 3. THAT the City Council shall appoint 15 members to such
Committee comprised of representatives of the following groups:
Background
Realtors
Developers
Large Property Owners
General Public
Chambers of Commerce
Civic Groups
Churches
Schools
Playa Lake/Drainage Study
Committee
TOTAL
SECTION 4. THAT the staff liaison to the
Assistant City Manager for Development Services.
to the Committee shall be furnished particularly
departments:
A. Finance
B. Street/Drainage Engineering
C. Legal
1
1
2
2
3
2
1
2
15
Committee will be the
In addition, support
by the following
SECTION 5. THAT the Mayor of the City of Lubbock is hereby
authorized: and directed to designate one member of the Committee as
chairperson.
SECTION 6. THAT after the Committee is appointed and constituted,
it shall meet at such times and places as it deems necessary to carry
out the purposes for which it was appointed, and the Committee shall
appoint one of its members, or a staff person, as its secretary to
record its business and proceedings and forward any necessary reports
and/or recommendations of the Committee to the Mayor and City Council of
the City of Lubbock.
SECTION 7. THAT the Committee herein created and subsequently
appointed by the City Council shall serve at the will of the City
Council until such time as the City Council determines the work of the
Committee is completed.
Passed by the City Council this 14th day of May, 1992.
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
s Ranette Boyd
Ranette (Boyd, City Secretary
APPROVED A5 TO CONTENT;
s James-E. Bertram
James E. Bertram, Assistant City
Manager for Development Services
APPROVED AS TO FORM:
ZsZ Don 'Vandiver
Don Vandiver, First Assistant
City Attorney
May 14, 1992
Page 415
According to Staff memo,
Permit has been mandated
and will be issued by the
Agency.
a Starmwater Drainage
by the federal government
Environmental Protection
Currently no permanent source of financing exists
for either the permit cost estimated to be $750,000,
or the annual operation and maintenance cost
estimated to be $500,000.
Because of the complexity of the permitting process,
the issues regarding funding, and the need for
citizen understanding and acceptance, City Council
had, in its March 26, 1992 work session, instructed
that a resolution be prepared creating a Stormwater
Advisory Committee and that this committee evaluate
stormwater funding needs and financing alternatives.
Jim Bertram, Assistant City Manager for Development
Services, and Larry Hertel, City Engineer, presented
information and answered questions regarding the
creation of the committee, as well as the permit
requirements and procedures.
Mr. Bertram stated that the purpose of the committee
is to look at funding alternatives for not only
permit casts, but for ongoing operation and
maintenance costs. According to Mr. Bertram, a
citizen -based advisory committee will not only
become familiar with the EPA mandates, but will also
look at the potential costs and offer to the City
Council alternatives for financing which will have
the least impact on the community.
The recommendation is for a 15-member committee with
the Mayor selecting the chair from the members. The
resolution provides for representatives from the
realtors, developers, large property owners, general
public, chambers of commerce, civic groups,
churches, schools and two members from the Playa
Lakes Drainage Study Committee. The rationale
behind appointing members from the Playa Lakes
Drainage Study Committee is that they are familiar
with the subject, and in addition, some requirements
resulting from their study should be considered for
funding by this process. Mr. Bertram advised
further that the actual appointments will be made
after the Runoff Election when the full Council will
be seated.
Mayor Langston asked for additional information
about the purpose of the committee and Mr. Bertram
replied that basically the charge to the committee
is the evaluation of potential stormwater
improvements and/or programs under the two phases of
the NPDES Permit; evaluation of various types of
testing procedures; evaluation of financing
alternatives for proposed improvements and programs
which may result from the permit; their
recommendation for method of financing; and any
impact of the financing on the City`s bond rating
and service fees. Mr. Bertram advised that staff
has no preference for financing, and mentioned
creation of a Stormwater Utility as an option to be
considered.
May 14, 1992
Page 416
Councilman Neugebauer stated that the quality issue
was addressed during the Playa Lakes Drainage Study
Committee meetings, and that committee had actually
been charged with addressing the quantity issue,
handling of the drainage on a City-wide basis, and
relevant issues regarding the ETJ in the future
taking of land. He went on to say that the permit
and maintenance costs which will address both
quality and quantity issues may show a need for
improvements to ensure adequate retention capacity
in all areas of the City.
Mr. Bertram noted another finding of the Playa takes
Committee was the possibility of a Storm Drainage
Master Plan showing points of generation of the
greatest quantities of water, the overflow
directions and the impact on ensuing development.
A brief discussion followed regarding the size of
the Committee with consensus being that a 15 member
committee is an appropriate size.
Councilman Malay asked if the Committee will be
tasked with trying to determine the magnitude of the
City's problem and indicated his opinion that the
impact in Lubbock is negligible and suggested
pursuing exemptions for the City from the monitoring
and maintenance requirements. Mr. Bertram answered
that staff intent is that during development of the
second phase of this permit, Parkhill, Smith and
Cooper will advise of the options available.
Councilman Malay then recalled a statement from a
previous briefing by a PSC engineer, that none of a
1-inch rain falling in Lubbock percolates into
potable water supply, and based on that, questioned
the expense of $750,404 to address water runoff from
streets. Mr. Bertram advised that the consideration
is not only regarding current problems, but also
address establishing a testing and monitoring system
for detection and correction of future problems.
Larry Hertel commented that the goal of the federal
regulations and the intent of EPA is to address more
than just the potable water sources; the intent is
to ensure protection of all waters of the United
States. Also, the consideration is not just for
drinking water for human consumption, but for
wildlife. He went on to say that the City does have
some pollution run off from parking lots, streets,
roofs, and residential yards, but not to the
magnitude of other parts of the country.
Councilwoman Trejo then mentioned that the Energy
Committee of the National League of Cities has been
addressing the mandates, but have made little
progress in this area.
Mayor Langston asked where the regulations were
promulgated, and Mr. Hertel replied that they are
provided for by the Clean Water Act which was
originally passed in 1972 and was amended by the
Water Quality Act of 1987. The 1987 action required
permits from large cities and certain industrial
facilities; however, the rules were not actually
handed down until November, 1990.
May 14, 1992
Page 417
Mayor Langston asked if the regulations contain a
waiver procedure and Mr. Hertel replied that cities
over 100,000 population are required to obtain a
municipal permit. He stated that the legislation is
divided into municipal permit requirements and
industrial permit requirements. Mayor Langston then
questioned whether or not any organization is
working to overturn or contest the regulations in
the federal courts. Mr. Hertel stated that the
National League of Cities committee has looked at
trying to minimize the impact on the cities, but
pointed out that some cities do have problems and
need to be under the federal mandates. He advised
further that the City's EPA permit writer has stated
many times that the City of Lubbock has no choice.
Mayor Langston pointed out the 40-year application
of sewer water to ground east of town and the fact
that no pollution problem regarding the Ogallala
Acquifer has arisen which could not be handled, and
in light of that, questioned the logic of spending
the estimated amount of money if there is a
possibility of a waiver or lessening of the
mandates.
Mr. Hertel explained that EPA was directed by
Congress to establish the rules after discovery of
bad point source pollution problems, and in
consideration of other areas of pollution such as
urban runoff, industrial runoff and agricultural
runoff (which is exempt from the rules) from
stormwater. Mayor Langston talked of avoiding the
$750,000 expenditure by contesting the validity of
the regulations under the Act as they are applied to
Lubbock, Texas.
Mr. Hertel then offered to have the EPA permit
writer meet with Council in a future session, and
Councilwoman Baker suggested that before that is
done, contact be made with TML, NLC, and also with
State and Federal Legislators for information
regarding possible changes to the rules. Mr. Hertel
advised that some of the deadlines and rules have
been relaxed for industrial permitting, but not for
municipal permitting.
Mayor Langston then inquired about the procedures of
other cities and the timeline for compliance with
the mandates. Mr. Hertel answered that other cities
are going through the same process and that our part
one application (which addresses existing
conditions) has been submitted and that part two
(with our proposed management programs) is due in
May, 1993. He cautioned that the part two
application is to begin with wet weather analysis
which will be done soon in order to timely acquire
that data.
May 14, 1992
Page 418
Councilman Neugebauer commented that part of the
$750,000 has already been spent for the part one
permit, and Mr. Hertel replied that those costs were
approximately $200,000. Mayor Langston then pointed
out the penalties of non-compliance and advised that
Council should pass the resolution to authorize
creation of the 5tormwater Advisory Committee, and
that the work on the part two permit should begin,
and additionally, that further investigation of
exemption from or relaxation of the mandates be done
by the City Attorney. He also suggested that the
legislators be approached regarding exempting
regions where the mandates are not applicable.
Councilwoman Baker suggested that environmental
attorneys be consulted. Councilman Neugebauer
advised that the National Homebuilders Association
has been working on this issue with Congressman
Combest and has received information regarding a
bill distinguishing between playa lakes and
wetlands, which could give the City relief on some
of the monitoring points.
Mayor Langston then stated that he is not interested
in initiating a lawsuit, but encouraged staff to
check with other cities and cautioned about spending
more money fighting the regulations than would be
necessary to implement them.
After a brief discussion, it was agreed to request
an interim report from the Committee in October, and
to instruct that the resolution be amended to
include that request. Discussion followed regarding
the makeup of the Committee and support staff, and
Mr. Bertram advised that Council could amend the
resolution in anyway they choose at the time they
make the appointments. Councilman Neugebauer urged
investigation into cutting compliance costs and also
addressing the findings of the Playa Drainage
Committee.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to authorize Resolution #3889
and requesting an interim report from the Committee
in October, 1992. Motion Carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 419
92-51A-419-210
(21.) Consider Resolution #3890 regarding Sunset -Review of
Texas. Department vf_Commerce.
RESOLUTION #3890
WHEREAS, the Texas Department of Commerce has been under review by
the staff of the Sunset Advisory Commission since last fall;
WHEREAS, the purpose of this review was to evaluate the Department
of Commerce and make recommendations regarding what programs and
services the State should offer;
WHEREAS, a staff report by the Sunset Commission has been issued
regarding the disposition of the Texas Department of Commerce;
WHEREAS, in mid July, the Sunset Commission will meet in a public
hearing and take action on the Department of Commerce;
WHEREAS, the recommendations adopted by the Sunset Commission will
be drafted into a bill and will be introduced into the regular session
of the Legislature in January, 1993;
WHEREAS, the Department of Commerce will be preparing an official
response; to the Sunset review during the next week;
WHEREAS, the City Council for the City of Lubbock is responsible
for economic development for the community; and
WHEREAS, the City Council for the City of Lubbock believes that
the Texas Department of Commerce's efforts are beneficial for our State
in order, to attract new industry and jobs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby expresses its support for the
current operation and funding levels of the Texas Department of
Commerce.
THAT a copy of this Resolution be made available to the Texas
Sunset Commission.
Passed by the City Council this 14th day of May, 1992.
Zs/ David R. Langston
David R. Langston
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED, AS TO CONTENT:
s Rod Ellis
Rod Ellis, Director~ of Business
Relations/Economic Development
APPROVED AS TO FORM:
s John C. Ross, Jr.
John C. Ross, Jr.
City Attorney
May 14, 1992
Page 420
The Texas Department of Commerce is under review by
the Sunset Commission. TDOC handles all of the
inquiries from major companies that are seeking
relocation into the State. These prospects are then
placed with the major utility districts or in this
case, Southwestern Public Service Company. In an
effort to monitor the process and verify the
prospects, Staff needs to keep the lines of
communication open between the City of Lubbock and
TDOC. Passage of this resolution should make
Lubbock an ongoing ally with TDOC and therefore
result in potential access to more new industry
prospects.
In order to keep the lines of communication open,
continue to receive viable prospects and provide
easy access to TDOC programs, Staff recommended
approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Trejo to authorize Resolution #3890 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51A-420-271
(22.) Consider request of White Knights Limousine Service
for renewal of Vehicles for Hire Permit.
According to Staff memo, in September, 1990, the
City Council granted a Limousine Permit to Tammy
Carroll, owner of White Knights Limousine Service,
for one year and although the permit expired, Mrs.
Carroll continued to operate the business. Mr.
Brock Anderson, a partner in the business, indicated
that this was an oversight because the two partners
operate the limousine service on a part-time basis.
During the lapse, Mrs. Carroll appears to have
maintained all the appropriate insurance coverage
except for surety bond coverage which was renewed io
April, 1992. Also, during the past permit period
and subsequent lapse, there have been no complaints
to Staff regarding the service provided by White
Knights Limousine Service.
Mrs. Carroll is now requesting a new limousine
permit and since her original permit did expire, it
is necessary that Council approach this as a new
permit requirement. In addition, Mrs. Carroll is
also submitting a $5.00 per hour increase in her
rates over the previous approved rates and has
included a per -trip rate in her new schedule to
allow for customers who use the service on a routine
recurring basis. In addition, Mrs. Carroll is
including service to the airport in her rate
schedule and will need to submit a permit request to
the airport board for approval.
Previous Rates:
Hourly rate: 345.00/hour with gratuity left to
customer discretion with unlimited passengers.
Per trip rate: Zones 3, 4, and 5 - $15.00/hour with
unlimited passengers. Zone 1 - $20.00/hour with
limited passengers. (The City is divided into five
zones, or areas, and they are required to provide
service to all areas but may charge different rates
for each area if they choose.)
May 14, 1992
Page 421
New Rates:
Hourly rate: $50.00/hour after first hour, time can
be in 15 minute increments at $12.50 for every 1/4
hour. This rate applies to Zone 1, 2, 3, 4 and 5.
Air art reservations: $35.00/each pick-up or
delivery. If more than 45 minutes, then the hourly
rate of $50.00/hour will apply. This rate applies
to Zone 1, 2, 3, 4 and 5.
Section 2701 of Ordinance 08167 requires the City
Council to consider the following factors in
renewing the permit:
1. Financial responsibility of the
applicant;
2. Number, kind, and type of equipment
and the color scheme to be used by
the applicant;
3. The probable effect of increased
service an the local traffic
conditions;
4. Whether the safe use of the streets
of the City by the public, both
vehicular and pedestrian, will be
endangered unduly by granting the
proposed additional service;
5. The character, experience, and
responsibility of the applicant;
6. Whether the applicant is fit, able,
and willing to perform the service
on a regular and continuous basis.
Tammy Carroll of White Knights Limousine Service has
furnished the City a sufficient performance bond,
has provided a personal credit history, and the
references contacted have made favorable
recommendations. Mrs. Carroll has met the
requirements of the Vehicle for Hire Code pertaining
to performance bond, insurance, rate records,
maintenance records, and unaudited financial records
have been reviewed by the Finance Department.
In determining whether or not public convenience and
necessity will be met by granting this permit, Staff
asked Council to consider that the City of Lubbock
currently has only one other permitted limousine
operation which operates one limousine.
Staff recommended that the permit be approved for
one year, with emphasis to Mrs. Carroll regarding
the necessity, from a business standpoint, of
monitoring her permit to assure timely renewal.
Motion was made by Councilman Neugebauer, seconded
by Mayor Pro Tem Patterson to approve request of
White Knights Limousine Service for renewal of
Vehicles for Hire Permit. Motion carried: 7 Yeas;
0 Nays.
May 14, 1992
Page 422
92-51A-422-272
(23.) BID #11948--Paint-Up Program Supplies (Community
Development).
Sherwin Williams--550 ea. wire brush w/scraper; 650
St. paint brush set; 5,500 gl. exterior house paint;
1,400 gl. exterior primer.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize law bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51A-422-273
(24.) BID 411933--Landscape materials (Parks &
Recreation).
Tom's Tree Place--2 ea. Gleditsia Triacanthos
'Sunburst' 2-1/2" cal.; 8 ea. Pinus Cembroides 8'
ht.
Miller Nursery & Tree Co., Stephanville--10 ea.
Cedrus Deodara 2-1/2" Cal; 5 ea. Populus Deltoides
3" Cal; 2 ea. Pyrus Calleryana 'Bradford' 2-1/2"
Cal; 3 ea. Ulmus Crassifolla 2-1/2" Cal,
Dallas Nurseries, Lewisville--12 ea. Pyrus
Calleryana 'Bradford' 65 gal.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays,
92-51A-422-274
(25.) BID 411507--Snowsweeper (Aviation).
Ban Corporation, Paul, ID.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 423
92-51A-423-275
(26.) BID #11836--Pay Telephone Long Distance Services,
and authorize same (Communication -Services).
RESOLUTION #3891
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 AT&T for pay telephone
long distance service for the City of Lubbock, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of May, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donald G. Vandi er
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
/s/ David R. Langston
David R. Langston, Mayor
THIS AGREEMENT, made and entered into this 14th day of May, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and AT&T of the City of Dallas,
County of Dallas, 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. 11836--Pay Telephone Long Distance Services (Communication
Services) in the amount of $---------
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.
May 14, 1992
Page 424
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:
Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s William Payne
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/sf David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
AT&T _.Communicat ions. Inc.
CONTRACTOR
By: /s/ Josephine Revna
TITLE: Regional Operations Manager
COMPLETE ADDRESS: AT&T Communications, Inc.
P.O. Box 650345 5501 LBJ Freeway
Dallas, Texas 75265-0345
AT&T, Dallas --Ranking Criteria: 1 -- This proposal
was evaluated by a five member committee based on
the following criteria: Service & Support 15%;
Revenues to City 25%, Conformance to specifications
15%, Financial capabilities 15%, References 15%, and
other conditions 15%.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3891.
Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 425
92-51A-425-276
(27.) BID 011927--Roof repairs at Lubbock... International
Airport, and authorize same (Building Services).
RESOLUTION.03.89.2
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 Texas Roofing Company
for roof repairs at Lubbock International Airport, 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 14th day of May, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donaild G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ David R. Langston
David R. Langston, Mayor
THIS AGREEMENT, made and entered into this 14th day of May, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Texas Roofing Company of
the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSE;TH: 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. 11927--Roof Repairs Lubbock International Airport (Building
Services) in the amount of $18,214,00
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.
May 14, 1992
Page 426
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Jerry Smith
ATTEST:
L__s_/_Rita Wheeler
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Lan.s tan
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Texas Roofing Company
CONTRACTOR
By: /s/ L.W. Ramoy
TITLE: President
COMPLETE ADDRESS: Texas Roofing Company
P.O. Box 2156
Lubbock, Texas 79408
Motion was made by Councilman Adertan, seconded by
Councilwoman Baker to authorize Resolution #3892.
Motion carried: 7 Yeas; 0 Nays,
May 14, 1992
Page 427
92-51A-427-277
(28.) RFP #11352--Well Monitoring System, and authorize
same (Water Utilities).
RESOLUTION #3893
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 Microwave Data Systems
to furnish and install a 900 MHZ Radio System, 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 14th day of May, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Zs/ David R. Langston
David R. Langston, Mayor
THIS AGREEMENT, made and entered into this 14th day of May, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Microwave Data Systems of
the City of East Rochester, County of Monroe, and the State of New York,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
RFP NO. 11352--Well Monitoring System (Water Utilities) in the amount of
$83,325.70
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.
May 14, 1992
Page 428
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 Ra ette Boyd /s/ David R. Langston
Secretary Mayor
APPROVED aS TO CONTENT: APPROVED AS TO FORM:
/s/ Dan Hawkins /sl Don Vandiver
ATTEST:
Secretary
COMPLETE ADDRESS: Microwave Data
300 Main Street
East Rochester,
Microwave Data Systems
CONTRACTOR
By: /s/ George G. Arena
TITLE: Senior V. P., Operations
Systems
New York 14445
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3893.
Motion carried: 7 Yeas; 0 Nays.
May 14, 1992
Page 429
92-51A-429-278
(29.) BID #11947--phase II Overton Addition Water System
Program, and authorize same (Water Utilities)_
RESOLUTION #3894
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 Rhode Construction for
water system improvements - Phase II/Overton Addition, 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 14th day of May, 1992.
ATTEST:
/s/_ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s onaild G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF' TEXAS
COUNTY OF LUBBOCK
/s/ David R. Langston
David R. Langston, Mayor
THIIS AGREEMENT, made and entered into this 14th day of May, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Rhode 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. 11947--Phase II Overton Addition Water System Program (Water
Utilities) in the amount of $130,705,58
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 ❑ther accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
May 14, 1992
Page 430
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)
ZsZ Ranette Bend /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Wilford D. Watson Don Vandiver
ATTEST:
Rhode Construction Company
/s/ Jana Jenkins CONTRACTOR
Secretary
By: /s/ -Carman G. Rhode
TITLE: President
COMPLETE ADDRESS: Rhode Construction
P.O. Box 53370
Lubbock, Texas 79453
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3894.
Motion carried: 7 Yeas; 0 Nays.
92-51A-430-279
(30.) BID #11909--_Flow meters (Water Treatment).
Western Industrial--37 ea. 4" flowmeter w/chamber; 6
ea. 6" flowmeter w/chamber.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51A-430-280
(31.) Consider confirmation -of -Nadine Bartsch as Friends
of the -Library representative to the Lubbock
Libraries Board.
On August 22, 1988, the City Council revised
Ordinance 08664 to include a seventh voting member
of the Lubbock Libraries Board. This seventh voting
member would be President of the Friends of the
Library, and the City Council has reserved the right
to confirm this appointment of the Friends
President.
During their April 10, 1992 annual meeting of the
Friends of the Lubbock City -County Library, Nadine
Bartsch was elected to a two year term as President.
May 14, 1992
Page 431
On May 7, 1992, the Libraries Board unanimously
approved a motion to support the new president's
membership on the Board. City staff recommended
that the City Council also confirm Ms. Bartsch's
appointment to the Board as the Friends of the
Library representative.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy confirming Nadine Bartch as the
Friends of the Library representative to the Lubbock
Libraries Board. Motion carried: 7 Yeas; O Nays.
There being no further business to ome befor Cou '7Trejo
n was made
by Mayor Pro Tem Patterson, secondedby Counc' wom n the meeting at 11:26 a.m. Motion carrd\ eas; 0
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 28th day
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary