HomeMy WebLinkAboutMinutes - City Council - Regular - 8/13/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 13, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 13th day of August, 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 Maggie Trejo, Councilman
T. J. Patterson, Councilman M. J. Aderton, Councilman Randy Neugebauer,
Councilman Max Ince, Councilman Alex Cooke, City Manager Larry J.
Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette
Boyd.
Mayor Langston called the meeting t❑ order at 10:00 A.M.
1.} The Invocation was given by Rita Harmon, Assistant
City Manager.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
92-51B-635-425
( 4.) Jae Horkev, Chairman of the Airport Board, will
ORDINANCE #9543
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF THE ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE III,
ENTITLED "AIRPORT GROUND TRANSPORTATION SERVICES," WHICH DEFINES WORDS
AND PHRASES; PROHIBITS CERTAIN INDIVIDUALS AND BUSINESSES FROM PROVIDING
SUCH SERVICES WITHOUT A PERMIT; DESCRIBES THE PROCEDURE AND REQUIREMENTS
FOR OBTAINING A PERMIT; REQUIRES PERMIT HOLDERS TO INDEMNIFY THE CITY,
MAINTAIN RECORDS, AND IN SOME CASES TO PAY USER FEES FOR THE PRIVILEGE
OF UTILIZING AIRPORT FACILITIES FOR BUSINESS PURPOSES; PROVIDES
PROCEDURES FOR REVOCATION OF PERMITS; PROVIDES FOR A SAVINGS CLAUSE;
PROVIOES FOR PUBLICATION; AND PROVIDES A PENALTY FOR VIOLATION OF THE
TERMS OF THE ARTICLE.
Joe Harkey, Chairman of the Airport Board, advised
that the issue of Off -Airport Fees had been under
consideration for several years, and alluded to the
Alamo Rent -Car Corporation lawsuit regarding such
fees. He stated that the ordinance will require
fees for rent -car companies not domiciled at the
Airport, as well as hotel -motel courtesy vehicles.
Mr. Harkey pointed out that rent car company tenants
at the airport are paying a 10% fee, and that the
❑ff-airport user fee has been set at 9% which will
allow continuation of shuttle service, telephone
facilities, and advertising, as well other facility
utilization comparable to that of the airport
tenants.
August 13, 1992
Page 636
According to Mr. Harkey, rent -car agency contracts
were due to expire in April, and of the four
tenants, two have signed contracts, and two have not
signed. He indicated the Board concern that the
revenue continue as presently, and that the
possibility of current leasees relocating off -site
be avoided.
Mr. Horkey expressed pride that the Airport Fund is
an enterprise fund, which is attempting to be self
supporting and then alluded to the funding increase
from the passenger facility changes which will
ensure support for improvements and operations. He
mentioned that all Airport property which has
improvements on it is leased and then spoke of
future plans for a freight terminal to be funded by
the PFC money and the FAA.
Mr. Horkey stated that the amount of the fee for
Shuttle Service is being left to Council, but stated
that the Airport Board does recommend some kind of
fee to guard against substantial loss of revenue.
According to Staff memo, this type of charge was
resisted strongly by the off -airport operators, with
Alamo Rent-A-Car leading the opposition. Numerous
suits were filed and the industry and individual
airports maintained their rights to obtain a
reasonable revenue from off -airport operators.
In 1989 and 1990 Alamo pushed this issue through
local and district courts and a ruling in favor of
airports was eventually won in the Federal Court
system.
In August, 1991, with 99 airports nation-wide
utilizing off -airport fees, the Airport Advisory
Board established an Off -Airport Fees Task Force
which worked from August, 1991 through May 29, 1992
to develop the proposed ordinance.
The Task Force was made up of the following
individuals:
Bern Case, director of Aviation
Harold Willard, Assistant City
Attorney
Art Rousseau, Operator of Avis
Rent-A-Car at the airport and also
the operator of Airport Shelter Park
off site.
Steve Sexton, Sexton Enterprises,
Operator of taxicab system in
Lubbock
Tim Laib, Holiday Inn Civic Center,
to representing the Hotel/Motel
Association
Larry Hoffman, Director of
Transportation for the City of
Lubbock
E. Jack Brown, Airport Board Member
and local business man.
August 13, 1992
Page 637
Staff memo states that the main purpose of the
❑ff-airport ordinance is to protect on -airport
enterprises which pay fees to the airport.
In reviewing what other airports have done, the Task
Force looked at ❑ther commercial shuttle operations
from ❑ff-airport users. The study showed that the
taxicab ❑peration in Lubbock was sufficiently
regulated by City ordinance, but off -airport shuttle
operators such as parking and hotel/motel courtesy
vehicles were unregulated. This raised a
significant liability issue if an accident occurred
with passengers at the Airport, because the Airport
has no assurance that the operators carry insurance
on the vehicles. The ordinance will require
insurance, assure the quality ❑f vehicles, and
provide for a smooth ❑peration at the airport for
those entities that would be licensed.
The Task Force had a lengthy discussion on a
reasonable charge. Many airports use a per/run
basis and account for each vehicle each time it is
at the airport. The Task Force concurred that this
would be an administrative burden to both the
airport and the community and recommended $100 per
month per operator regardless of the number ❑f
vehicles each operator lists on the individual
permit. (A 1990 AAAE survey shows 31 airports
charging shuttles a variety of fees from 25� a run
to $2,400 per hotel, and everything in between.
Airport Staff contacted ❑ther Texas airports and
found numerous approaches.)
Based on the number of runs to the airport per day
and the number ❑f passengers carried, this works out
to a few cents per passenger, or a little over $3
per day per company. Mr. Rousseau ❑f the
off -airport shelter park operation advised that this
fee is fair. The off -airport hotel operators were
represented on the Task Force and many indicated
that $100 would be a problem. There is a fear,
however, that this amount will be raised at the
first opportunity and it was suggested by one
operator that the City Council add to the ❑rdinance
a stipulation that this would not be raised for some
period of time (for example, ten years).
The ordinance, as drafted, has a provision on page
7, Section 5-55, Paragraph b, indicating that the
consumer price index would be utilized annually to
adjust the fee keeping it in line with inflation but
not accelerating it at any other rate. A
combination of the tw❑ guaranteeing that Staff would
stay with the CPI for ten years may be a viable
compromise.
Due to the lack of regulation ❑f ❑ff-airport
shuttles and rent car operations, Staff recommended
approval of this ❑rdinance. A conservative approach
has been taken and the citizen involvement in the
Task Force has helped in developing a viable
ordinance. The ❑rdinance addresses the issues of
protecting the on -airport ❑perators, meeting the
liability issues, and assisting to maintain the
airport as a true Enterprise Fund by generating
revenue from user sources.
August 13, 1992
Page 638
The Airport Board unanimously accepted this
ordinance and recommended it to the Council for
approval. Staff concurred with the Board's
recommendation.
Mayor Langston asked about the status of lease
agreements with current rent car tenants, and Mr.
Horkey stated that these agencies have agreed to the
contracts, but reiterated that only two of the
companies have actually executed them. He advised
of the Board concern that the other two companies
may be waiting to see what Council does regarding
this ordinance, and make a decision based on whether
or not the ordinance is passed.
Mayor Langston asked for an explanation of the
concern to the two companies which have not signed.
Mr. Harkey stated that these companies are on a
30-day basis currently and cited a precedent for
allowing leases to continue after expiration on a
30-day basis, as with the airlines. He went on to
apprise that the rent car companies are national
organizations which are governed by corporate
policy, with only some local operations being
franchised.
Councilman Ince stated his understanding that if the
ordinance is not passed, the tenants who have yet to
sign lease agreement may choose to move off site.
Mr. Harkey verified this and restated the Board
concern regarding a potential drop in Airport
revenue due to relocation.
Councilman Ince then mentioned the Task Force which
reviewed and devised the recommendations, and the
further fact that these were reviewed and
recommended by the Airport Board.
Councilman Neugebauer asked Mr. Horkey to explain
the recommended fees for Shuttle Buses and advised
of his understanding of provisions regarding Rental
Car Agencies, and the liability issues involved with
picking up and delivering passengers at the airport.
Mr. Horkey explained that many airports charge a
service fee for every trip made by service vehicles,
and the Board does not recommend this. According to
Mr. Horkey, the recommendation will ensure that all
vehicles are properly inspected and insured.
Councilman Neugebauer commented that approximately
seven hotels and motels currently operate a shuttle,
and that the proposal to charge a $100 per month fee
means that the revenues realized to the City would
be a nominal amount when compared to the total
operation at the airport. He expressed concern
about the administrative costs of billing,
inspection for stickers, etc., and whether the
revenues would justify the process.
Mr. Horkey answered that the Board intent is to
control the commercial enterprises, but that Council
may want to change the fee from monthly, to an
annual charge. He alluded to previous problems with
commercial vehicles regarding lack of insurance, and
said this ordinance is an attempt to regulate all
commercial enterprises the same.
August 13, 1992
Page 639
Mayor Langston asked whether or not the Airport
Board is concerned about these provisions inhibiting
the availability of services such as taxicabs, hotel
courtesy cars and if there is possibility of an
increased cost to the consumer to make up for the
fees. Mr. Horkey explained that the hotels and
motels offer pickup and delivery as a service, as
opposed to the taxicab business which is regulated
by ordinance.
Mayor Langston asked if the taxicab services would
be adversely impacted and Mr. Horkey explained that
Steve Sexton, Owner of Sexton Enterprises, served on
the committee and is in agreement to the recommended
provisions.
Councilman Ince spoke of his concern regarding
insurance requirements and pointed out that the City
may incur added liability due to its regulation and
monitoring responsibilities. Mr. Horkey answered
that before these vehicles are licensed annually,
they must present a Certificate of Insurance and the
change is to ensure that the companies carry
adequate coverage.
Councilman Ince said that he has a problem with the
proposed $8400 cost to users. Mr. Case then
discussed the fee and stated that several options
were investigated. The $100 per month was the
consensus of the committee but that Council may
adjust the amount. He pointed out that the fees
will mainly impact non-residents and that a one -day
survey showed an average cost per person of $.16 to
administer the program. He indicated that the
actual annual cost is unknown at this time.
Bern Case, Director of Aviation, answered that the
liability issue is not related so much to Shuttle
operations, as to older vehicles used for pickups,
vehicles with cardboard signage, etc. and advised
that the insurance provisions would improve the
Airport Liability situation.
Mr. Case advised that he attended the Task Force
meetings. Councilman Ince asked if there was
opposition to the fee from the hotel and motel
representatives. Mr. Case answered that the
representative from the hotel and motel group was
absent from the meeting at which the recommendations
were voted to be brought to Council, but that an
assistant attended and agreed to provide further
information from their industry.
Councilman Aderton then asked about taxicab rates
and was told that these rates are established by
Ordinance and may not be changed. Mr. Case informed
that the taxicab company currently pays $100 per
month to the Airport, and that they meet about 30
flights per day, have more vehicles, make more runs,
and have many runs for which they are uncompensated.
Councilman Patterson asked that staff work toward a
compromise with the hotel and motel representatives.
Mr. case expressed a willingness t❑ do this and to
look at changing the fee structure to something more
acceptable. Further discussed ensued regarding the
process for applications, inspections, and other
elements and projected administrative costs.
August 13, 1992
Page 640
92-51B-640-426
(24.)
Open bids on City of Lubbock, Texas, Tax and
Waterworks System Revenue Certificates of
Obligation, Series 1992.
Mayor Langston announced acceptance of bids for City
of Lubbock, Texas, Tax and Waterworks System Revenue
Certificates of Obligation, Series 1992.
Jae Smith announced receipt of bids as follows:
Griffin Kubik: Stevens Cone, Inc.
Southwest Sec., Inc.
Bank One Texas
Nations Bank Capt. Mkts
Prudential Sec., Inc.
Smith Barney Harris Upham & Co.
First Southwest Company
92-51B-6640-427
(25.)
Net Interest Effective
Cast Interest Rate
$3,014,641.25 5.4023%
3,086,368.75 5.530879%
3,066,387.50 5.49507%
3,028,925.00 5.427938%
3,000,503.75 5.3770%
2,997,727.50 5.372031%
3,017,040.63 5.406641%
ORDINANCE #9542
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
TAX AND 'WATERWORKS SYSTEM (LIMITED PLEDGE) 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
WATERWORKS SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE
TERMS AND DETAILS OF SUCH 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, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE.
On July 9, 1992, the City Council passed a
resolution approving and authorizing publication of
notice of intention to issue $7,565,000 of
Certificates of Obligation and a notice of sale with
respect to these certificates. These certificates
were to be issued for (1) land acquisition and site
improvements including water system and sewer system
extensions and improvements in connection with
construction of a correctional facility; (2) solid
waste disposal system improvements; and (3)
professional services rendered in connection with
these.
Second reading of the ordinance will be considered
at a special meeting on August 14, 1992 at 9:00 a.m.
This is a routine action in the process of issuing
these $7,565,000 of Certificates of Obligation,
according to City Council direction. Staff
recommended approval of the ordinance.
August 13, 1992
Page 641
Item #4 Continued: Bill de Allessandro, representative of the Hotel
Motel Association, indicated the Association's
willingness to work with staff toward a compromise.
He stated that they do not oppose the intent of the
ordinance.
Mr. de Allessandro then mentioned concerns regarding
the permit fee and the user fee classifications and
recognized the genuine concerns of the Airport Board
that those offering regular ground transportation
services be reputable and insured. He raised the
issue of future increases in permit fees and
requested that increases be tied to the Consumer
Price Index, the same as the provisions for user fee
increases in Sec. 5-55 (b).
Mr. de Allessandro explained the Association's
concern with the user fee provisions in Sec. 5-55
which identify off -airport operators as: rental car
agencies, truck rental agencies, hotels and motels,
parking shuttles and parking lots and then requested
a special designation for only hotels and motels,
because of the difference in service provided.
Councilman Patterson inquired about procedures for
shuttles in other airports. Mr. de Allessandro
stated some airports have no airport shuttle
service, except for hotels actually located on or
within a mile of airport property. He spoke of the
problem of adding $1200 in permitting costs to the
other costs of providing the shuttle service.
92-51B-641-428
(14.)
92-51B-641-429
(15.) Consider approval of an Oil and Gas drilling Permit
for Lif-Lubheirs #15.
Mayor Langston opened the Public Hearing at 11:09
a.m. Dub Bratcher, Attorney for 7ex1and Petroleum,
presented the request for permit. No one appeared
in opposition.
Randy Henson, Senior Planner, stated that on July
14, 1992, Staff received an application for a permit
to drill the above described well and that City of
Lubbock has an interest to the mineral rights within
the production unit. The storage site is proposed
in conjunction with a tank battery approved by an
existing permit.
According to Mr. Henson, the application is
substantially in order. The production unit
contains 40 acres and has a maximum diagonal of less
than 3,000'. 7exland proposes earth sludge pits and
no landscaping at the well site. The blow-out
protector has a minimum rating of 3,000 psi.
Disposal of waste materials is proposed at a
Railroad Commission approved landfill in Lubbock
County. Access to the drill and storage site is
proposed from North Guava on private property.
August 13, 1992
Page 642
SHORT TERM IMPACTS: A minimum of impact is expected
for the short term since the area is uninhabited and
current use is agricultural. The well and storage
site are remote from any existing residential
development.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this Lease is designated
industrial on the Lubbock Comprehensive Land Use
Plan. Additional wells are in the immediate area.
Since little additional development is projected in
the immediate area, few long term negative impacts
are anticipated. Staff recommended approval subject
to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste ❑il)
will be used to free -up the hole
during drilling until after the
first series of surface casing has
been set to 300' or greater.
2. The permittee will require that a
first series of casing be set when
drilling reaches a depth of 300'.
The permittee will notify the
Lubbock Office of Texas Railroad
Commission for the intended dates
for casing the well.
3. The first, and if used, the second
series of casing will be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee will meet all other
conditions of Section 14, Article VI
❑f the Lubbock Code and those
specification indicated within the
application of Texland Petroleum for
Lif-Lubheirs #15.
Mayor Langston closed the hearing at 11:11 a.m.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to approve the request of Texland
Petroleum for an Oil and Gas Drilling Permit for
Lif-Lubheirs #15 with conditions recommended by
Staff. Motion carried: 6 Yeas; 0 Nays --Councilman
Cooke absent from Chambers.
92-51B-642-430
(16.)
August 13, 1992
Page 643
92-51B-643-431
(17.) Consider approval of an Oil and Gas Grilling Permit
for Vickers-LISD #1.
Mayor Langston opened the Public Hearing at 11:12
a.m.
Mary Jane Gomez asked for a clarification of what
will be built on the site. Mr. Bratcher answered
that nothing will remain at the site after the
drilling, and the pipes will be underground.
Randy Henson, Senior Planner, stated that on July
22, 1992, Staff received an application for a permit
to drill the above described well and the storage
site is proposed at an existing tank battery. The
well site is south of Municipal Drive, west of North
Magnolia Avenue and north of East Erskine, and
Estacado High School is approximately 500' south of
the site, separated by East Erskine. [Vickers-LISD
#1, 1130' to the northeast, was placed about 1200'
from the school.]
According to Mr. Henson, the application is
substantially in order. The production unit
contains 40 acres and has a maximum diagonal of less
than 3,000'. Texland proposes earth sludge pits and
no landscaping at the well. The blowout protector
has a minimum rating of 3,000 psi. Disposal of
waste materials is proposed at a Railroad Commission
approved landfill in Lubbock County. Access to the
drill site is proposed from East Itasca on private
property.
SHORT TERM IMPACTS: The Comprehensive Land Use Plan
indicates residential in the vicinity of this
proposed well, and the immediate area around the
well site (approximately 4001) is undeveloped.
Several individual residences are to the east and a
row of homes faces Municipal Drive to the northwest.
No plat has been reviewed recently that would
indicate any efforts for near term development in
the area.
POTENTIAL LONG TERM IMPR TS: The land area
surrounding and including this Lease is designated
residential on the Comprehensive Land Use Plan.
Little additional development is projected in the
immediate area; long-term negative impacts should be
minimal. There are a number of existing wells in
the area.
RECOMMEMEQ_PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil)
will be used to free -up the hole
during drilling until after the
first series of surface casing has
been set which will protect the
water aquifer. The first series of
casing depth will be in compliance
with the Texas Water Commission and
Texas Railroad Commission
requirements.
2. The permittee will notify the
Lubbock office on the Texas Railroad
Commission for the intended dates
for casing the well.
August 13, 1992
Page 644
3. Casing of the well will he in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee will meet all other
conditions of Section 14, Article VI
of the Lubbock Code and those
specifications indicated within the
application of Texas for
Vickers-LISD#1.
Staff recommended approval of the permit, subject to
these four conditions.
Mayor Langston closed the hearing at 11:19 a.m.
Mr. Bratcher agreed to notify Mrs. Gomez about the
drilling schedule.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Trejo to approve the request of
Texland Petroleum for an Oil and Gas Drilling Permit
for Vickers-LISD #1 with conditions recommended by
Staff. Motion carried: 7 Yeas; O Nays.
Item #4 Continued: Mr. de Allessandro pointed out that permitting
procedures for the eight hotels operating shuttle
service should not burden current airport staff to
the point of requiring additional.
Councilman Ince asked whether or not the Association
would oppose the City collecting the $100 per month
fee for one year and placing money not needed to
administer the program in a fund designated to
promote convention and tourism. Mr. de Allessandro
stated that the industry is already collecting the
7% for the State, and their experience is that once
a charge is levied, it is never rescinded, is never
reduced, and strict accounting of the actual costs
is difficult to ensure. Because of this he advised
that they would likely not support such a proposal.
Discussion of the accounting and use of Hotel and
Motel Tax Funds and 1% collectors rebate ensued.
Bill Hoepner, owner of Trusty Rent Car Agency,
expressed opposition to the 9% gross receipts fee
and to other provisions of the ordinance.
Cecil Puryear spoke against increased governmental
regulation of private business.
Ed Price, attorney for Budget Rent-A-Car, opposed
the ordinance and alleged that it was targeted at
his client. He alleged that the off airport users
will be unfairly charged and that according to an
unscientific survey conducted by his client, Budget
Rent Car would be paying about $5.00 per customer,
per trip to serve the airport. He pointed out that
the concessionaires at the airport do not have to
pay ad valorem property taxes because they are
renting space at the airport, but his client does,
and further that their cost of operation has
increased while revenues have decreased, since
Budget ceased being tenants at the Airport.
August 13, 1992
Page 645
Mr. Price expressed concern about the impact on
economic development in the City, and went on to
give background information on problems involving
legal action between his client and the City. He
questioned provisions of the ordinance which are in
his opinion unclear, and referred specifically to
the definition of "gross receipts". He protested
the provision which will assume that 90% of an
off -airport user's grass receipts are airport
related and further objected to provisions which
would force his client to submit to an audit. Mr.
Price then mentioned that off -airport rental
companies were not represented on the Task force.
David Waldren, representing Enterprise Rent-A-Car
Agency, alleged that the recommended changes are
targeted at the off -airport rental car agencies, and
he also echoed Mr. Price's concern that none of
these agencies was represented on the Task force.
In answer to Mayor Langston's question, Mr. Waldren
reported that there are presently 6 off -airport rent
car agencies in Lubbock which will be affected:
Trusty, Enterprise, Budget, Agency, Snappy and
Discount, and possibly some smaller operations.
Mr. Waldren explained the procedure used by
Enterprise for pickup of customers as being one in
which the customer is picked up at the airport in
the rent car, and advised that it would be difficult
to place an identifying sign in and permit every
fleet vehicle. He protested the high cost of rental
property at the airport and agreed further that the
Hotel and Motel shuttle operations should not be
included in the regulations.
Ken Phillips recommended defining "airport users" as
those who directly generate 90% of their revenue
from the airport and suggested that for the small
agencies, Council include a deductible of $10,000 -
$15,000, and exempt hotel and motel shuttle
services, because they have insurance which meets
State Law requirements. He expressed concern about
the City establishing and monitoring additional
insurance requirements and whether or not additional
liability would be incurred. A further suggestion
was that Council appoint a "user advocate" to every
Council -appointed board.
Max Winn spoke against additional bureaucracy and
increased taxes.
Mikel Ward, representing SPARTAN, offered the
opinion that because of the passenger facility
charge, there is no need for additional airport
revenue. She cited her further opinion that the
burden of recordskeeping which would be necessary
for the audit provisions would be onerous, and might
endanger the amount of bed tax currently being
collected.
August 13, 1992
Page 646
Item Vs 24 and 25
Continued:
Joe Smith announced that the bid of Smith Barney
Harris Upham and Co. of 5.372031% for the
Certificates of Obligations was verified as the best
bid submitted, and he recommended Council awarding
the bid to this company.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer that the bid for $7,565,000
City of Lubbock, Texas Tax and Water System (Limited
Pledge) Revenue Certificates of Obligation, Series
1992, be awarded to Smith Barney Harris Upham and
Co. at the best bid of 5.372031%. Motion carried: 7
Yeas; O Nays.
Item 44 Continued: Keith Potts addressed the issues of the airport
rent -car agency lease agreements, related business
effects, effects on conventions and tourism, and the
benefits versus the risks of the ordinance.
Mr. Potts said that regarding the rental agreements,
the base for calculation is similar to that for
property rental in any business. He disagreed with
an earlier statement that those renting space at the
airport might move off site if the ordinance were
passed, saying that most of the companies currently
located at the airport are "airport rental car
companies" nationwide which do not operate off
airport premises.
Mr. Potts expressed concern that other companies
which do not deal directly in airport related
business may leave the City, and cited the example
of rental companies which deal with insurance
companies. He specifically mentioned Enterprise,
Agency, Snappy and Trusty rent car agencies. He
reiterated concern previously expressed about the
burden of proof on the agency regarding the 90%
rule, and stated that any fee increase to cover the,
costs incurred would be passed on to the users. Mr.
Potts pointed out the difficulty in distinguishing
between companies primarily in the rent -car
business, and those who occasionally rent vehicles.
Mr. Potts then spoke briefly about the impact on the
convention industry if the price of renting vehicles
is increased, the negative impact on businesses
contemplating locating in Lubbock and finally,
expressed disagreement with the audit provisions
which would apply to off -airport users.
At this point, Mayor Langston called on Bern Case to
answer questions and comments made during testimony.
Mr. Case reported on discussion with representatives
of the Hotel and Motel Association during which they
agreed, on a trial basis, to raising the annual
permit fee to $200, allowing future increases based
on the CPT and dropping the monthly fees.
Regarding the rent car issue, Mr. Case reminded
Council that as an Enterprise Fund, the Airport goal
is to be self-sufficient and they are currently
making their operating budget; however, they are
still not covering the long-term debt.
August 13, 1992
Page 647
Regarding the allegation that the ordinance is
targeted at Budget -Rent-A-Car, Mr. Case gave the
chronology of development of the ordinance, which
was begun before 1985 and with more intensive work
beginning in 1991. This was before problems had
been experienced with Budget Rent-A-Car and while
they were still tenants at the Airport.
Regarding the question of fees, Mr. Case stated that
the on -airport fees are 10%, and 9% is suggested for
off -airport users. He said that the cost to Shelter
Park would be about $.04 per vehicle. Mr. Case
then spoke of the 90% rule saying that in some cases
this could be advantageous because an agency
off -site with airport generated business of 96%
would be able to take advantage of the assumption of
90% only airport generated business. Regarding the
audit, Mr. Case advised that the intent is to make
the process simple with use of a block on the
contract where the user would initial if the car had
not come onto the airport within 48 hours.
Harold Willard, Assistant City Attorney, reiterated
legal implications regarding the ordinance.
Mayor Langston then expressed concern about the
public policy implications of the proposed
ordinance, particularly regarding taxicab service at
the Airport and stated the opinion that action taken
by Council should encourage this, as well as Hotel
and Motel shuttle services. He went on to express
concern for the maintenance of the Airport, the
importance of equal requirements for all those in
the rent -car agency business, and stated further his
concern for facilitating small business operations,
such as Trusty, Snappy, etc.
Mayor Langston then encourage Council to accept the
compromise worked out by Staff with the Hotel and
Motel Association as follows: a $200 annual permit
fee, deletion of the monthly fee, acceptance of
recommendations regarding the 90% but including an
exemption of $25,000 of the gross revenues derived
by off -airport users from airport passengers, in an
attempt to encourage these small businesses.
Motion was made by Councilman Cooke, seconded by
Mayor Pro Tem Trejo t❑ amend the proposed ordinance
to provide for a $200 annual permit fee with future
increases tied to the CPI, to delete the provisions
regarding a monthly fee, and to exempt the first
$25,000 of gross revenues derived by off -airport
users from airport passengers.
Councilman Ince asked about Shelter Park Shuttle
Service and Mr. Case replied that this was addressed
separately and Art Rousseau, owner, agreed to the
recommendation
Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Trejo to pass on first reading
Ordinance #9543, as amended. Motion carried: 7
Yeas; 0 Nays.
August 13, 1992
Page 648
Item #'s 6 and 8 were removed from the Consent Agenda so that Councilman
Neugebauer could recuse himself due t❑ a conflict of interest.
[ 5.) Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to approve the Minutes of the
July 23, 1992 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
92-516-648-432
{ 7.) Consider Resolution #3935 authorizing acceptance ❑f
water and sewer improvements for Tract A, -Cavazos
Junior High School Addition.
RESOLUTION #3935
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT
'A', CAVA20S -JUNIOR HIGH SCHOOL ADDITION.
WHEREAS, the developer ❑f Tract 'A', Cavazos Junior High School
Addition has complied with the provisions of the City of Lubbock Code of
Ordinances, Chapter 28, Article 1V, 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 $9,616.37
with the, improvements constructed by Morton Irrigation, having a value
of $8,536.50 as determined by the unit prices established by said
Chapter 28, and $1,079.57 cash paid t❑ the City which includes $0
transferred funds for adjacent lines with Lubbock Independent School
District, the developer to receive a refund of $0 in accordance with
Chapter 28 of the Code of the City of Lubbock and a refund of deposit in
the amount ❑f $0; 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:
August 13, 1992
Page 649
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 $O be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 13th day of August, 1992.
Is1 David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd„ City Secretary
APPROVED i AS TO CONTENT:
s Michael E. Murphy
Michael E. Murphy, Senior
Utilities Engineer
APPROVED AS TD FORM:
IsZ Harold Willard
Harold Willard
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $9,616.37 including value of
construction costs ($8,536.90) and cash paid to the
City of Lubbock ($1,079.57). There is no refund due
the Developer, Lubbock Independent School District,
in accordance with Chapter 28 of the Code of the
City of Lubbock and there is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to authorize Resolution #3935
as recommended by Staff. Motion carried: 7 Yeas; O
Nays.
August 13, 1992
Page 650
92-51B-650-433
( 9•)
ORDINANCE #9540
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-P; A ZONING CHANGE FROM GO TO A-1 ZONING ON TRACT D, SHADOW HILLS
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
92-51B-650-414
(10.)
Council approved this item on first reading,
removing the P&Z condition of notification before
site plan review.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to pass on second and final
reading Ordinance #9540 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9541
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2689; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF THE WEST
1/2 OF THE NORTHWEST QUARTER OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS;
SUBJECT 'TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to pass on second and final
reading Ordinance #9541 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
August 13, 1992
Page 651
92-51B-651-435
(11.j BID #12058--Concrete and fountain re airs at the
Civic Center, and authorize same (Building
Services].
RESOLUTION #3936
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 Brown -McKee, Inc. for
concrete and fountain repairs at the Lubbock Memorial Civic Center,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
ATTEST:
/sZ Ran�!tte Bud
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Genes Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Ha old Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Isj David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 13th day of August,
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 Brown -McKee,
Inc. of the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 12058--Concrete and Fountain Repairs at the Lubbock Memorial
Civic Center Project (Building Services) in the amount of $190,995.00
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.
August 13, 1992
Page 652
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:
IsZ Freddy Criavea
ATTEST:
/sZ Deborah Chance
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Brown -McKee, Inc.
CONTRACTOR
By: /s/ Name Not Legible
TITLE: President
COMPLETE ADDRESS: Brown -McKee, Inc.
P.O. Box 3279
Lubbock, Texas 79452-3279
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to authorize Resolution #3936
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-652-436
(12.) Bid #12038--Trolleys (Citibus)_
Chance Coach, Inc.
The funding for the purchase of the trolleys will be
80% from the Federal Transit Administration (FTA)
and 20% local. With the bid price of $381,738 by
Chance, the federal share would be $305,390 and the
local share would be $76,348. The FTA funding
(Grant #TX-90-X243) was approved for expenditure
after July 1, 1992 with the federal share
established at up to $322,640. Private
contributions and/or commitments of $42,500 have
been made, and the City Council authorized an
expenditure up to $37,000 from the Convention and
Tourism Capital Project Fund Humber 1221 (Hotel
Motel Tax) for the remaining amount to cover the
local share. Account #3911-212126-0603-39110035 has
been set up for the private contributions.
Citibus recommended that Council accept the proposal
from Chance for $190,869 per trolley (or $381,738
for both).
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Hays.
August 13, 1992
Page 653
92-51B-653-437
(13.) BID #12123--Corn_ harvesting services (Land
Application Site).
W.R. Butcher--90,000 lb. Cost/CWT (4,500 tons).
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to authorize low bid meeting
specifications. Motion carried: l Yeas; 0 Nays.
92-51B-653-438
{ 6.) Consider Resolution #3931 accepting caving
improvements constructed by Williams and Peters
Construction Com an Inc.,in Preston Hills
A& -Lion, Lots 178-202.
RESOLUTION #3937
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Preston Hills, Lots 178-202
(inclusive) made arrangements with Williams & Peters Construction Co.,
Inc., for the construction of paving improvements on certain streets
dedicated in said subdivision under the provisions of said Ordinance
prior to the recording of the subdivision plat of the above -mentioned
addition including the following streets:
84th Street from the west end of radius of Elmwood Avenue to
the east lip line of Frankford Avenue, known and designated
as New Subdivision Sub -Unit 80 of Unit Number 2034.
Englewood Avenue from the north lip line of 84th Street to
the north end of radius of the alley return north of 84th
Street., known and designated as New Subdivision Sub -Unit 81
of Unit Number 2034.
Frankford Avenue from the north end of radius of the alley
return north of 85th Street to north end of radius of the
alley return north of 84th Street, known and designated as
New Subdivision Sub -Unit 82 of Unit Number 2034.
The alley return on the west side of Elkhart Avenue north of
84th Street, known and designated as New Subdivision
Sub -Unit 83 of Unit Number 2034.
The alley north of 84th Street from the east edge of the
alley return on Frankford Avenue to the west edge of the
alley return on Elkhart Avenue, known and designated as
alley Unit Number A-461-17.
August 13, 1992
Page 654
WHEREAS, the construction of the above improvements ❑n the
above -mentioned streets was performed under the supervision ❑f the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions ❑f City Ordinance
1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized t❑ notify the developer of
acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 13th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s R. Keith Smith for Larry D.-Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
This is a routine acceptance of paving improvements
required at the time ❑f platting this new
subdivision consisting ❑f street and alley paving
and curb and gutter on:
84th Street from Elmwood Avenue to
Frankford Avenue
Englewood Avenue from 84th Street t❑ the
alley north of 84th Street
Frankford Avenue from the alley north of
85th Street to the alley north of 84th
Street
The alley return on the west side of
Elkhart Avenue, north ❑f 84th Street
The alley north of 84th Street from
Frankford Avenue to Elkhart Avenue
These improvements have been inspected and Staff
recommended approval.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3937
as recommended by Staff. Motion carried: 6 Yeas; O
Nays; 1 Recused--Councilman Neugebauer.
August 13, 1992
Page 655
92-51B-655-439
( 8.)
Department of Housing and Community Affairs.
RESOLUTION #3938
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Grant
Application to he submitted to the Texas Department of Housing and
Community affairs and is to be in the amount of ONE HUNDRED EIGHTY-EIGHT
THOUSAND THREE. HUNDRED FIFTY AND NO/100 DOLLARS ($188,350.04) for the
purpose of administering programs under the Community Services Block
Grant to relieve the effects of poverty in Lubbock County. A copy of
the Grant Application is attached herewith, which shall he spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and he a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s anette Boyd
Ranette Boyd, City Secretary
APPROVED AS TD CONTENT:
s avid Ellison
David Ellison, Assistant City Manager
for Management Services
APPROVED AS 'TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Grant Application is filed with Resolution No. 3938.
The Community Services Block Grant for FY 1992-93 is
for $188,350 and will allow the Community Services
Department to maintain the current level of
programming to assist low income families and
children.
The program includes the Information and Referral
Section which responds to telephone requests for
information concerning community resources; annual
publication of the Directory of Human Services which
is used by employees and hundreds of agencies in the
community; and tracking of clients requesting
services from a variety of churches and agencies.
This information is used to determine needs and
avoid duplication of services. Bus passes will
continue to be provided to individuals needing
transportation for medical or employment purposes
through several agreements.
August 13, 1992
Rage 656
92-51B-656-440
(18.)
The grant covers 100% of the operating costs of the
program and in addition, the City provides for a
percentage of salary and benefits for the department
head, Information and Referral Coordinator, and
secretary for the services to the Committee for
Women.
This grant is used in the leveraging for other state
grants, i.e., Weatherization Assistance Program,
Energy Crisis Program and Emergency Homeless Grant.
The City of Lubbock has administered the Community
Services Block Grant for the past 15 years. Due to
the comprehensive services provided through these
funds, Staff recommended the approval for the
continuation of this grant.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3938
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays; 1 Recused--Councilman Neugebauer.
1.1 miles south of 82nd Street).
RESOLUTION #3939
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
Utility Joint Use Agreement with the Texas Department of Transportation
for joint usage of a portion of the Slide Road (F.M. 1730) right-of-way
for both highway and utility purposes, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
s David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Ed Buy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
August 13, 1992
Page 657
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS § County:
Federal Project No.:
COUNTY OF LUBBOCK § CSJ No.:
ROW Account No.:
Highway No.:
Limits: From:
To:
Lubbock
1344-2-9,10
F.M. 1730
Loop 2B9
1.1 mi S of 82nd St.
WHEREAS, the State of Texas, hereinafter called the State, acting by and
through the Texas Department of Transportation, proposes to make certain
highway improvements on that section of the above -indicated highway; and
WHEREAS, the City of Lubbock, hereinafter called the Owner, proposes to
retain, locate or relocate certain of its facilities and retain title to
any property rights it may have on, along or across, and within or over
such limits of the highway right of way as indicated on the plans
attached to Standard Utility Agreement as executed by Owner on the 13th
day of August, 1992, or on location sketches attached hereto except as
provided hereinbelow;
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both
highway and utility purposes will be made of the area within the highway
right of way limits as such area is defined and to the extent indicated
on the aforementioned plans or sketches. Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the
right to alter, modify or add to facilities presently located within the
area above described or construct additional facilities therein, such
right is hereby retained, provided, however, if existing facilities are
to be altered or modified or new facilities constructed within said are
the Owner agrees to notify the Texas Department of Transportation prior
thereto, to furnish necessary sketches showing location, type of
construction and methods to be used for protection of traffic, and if,
in the opinion of the Texas Department of Transportation, such
alteration, modification or new construction will injure the highway or
endanger the traveling public using said highway, the Texas Department
of Transportation shall have the right, after receipt of such notice, to
prescribe such regulations as necessary for the protection of the
highway facility and the traveling public using said highway; provided
further, however, that such regulations shall not extend to the
requiring of the placement of intended overhead lines underground ❑r the
routing of any lines outside of the area of joint usage above described.
In the event of an emergency, it being evident that immediate action is
necessary for protection of the public and to minimize property damage
and loss of investment, either party hereto may at their own
responsibility and risk make necessary emergency repairs, notifying the
other party hereto of this action as soon as is practical.
August 13, 1992
Page 658
Participation in actual costs incurred by the Owner for any future
adjustment, removal or relocation of utility facilities required by
highway construction shall be in accordance with and to the extent
possible under applicable laws of the State of Texas. Except as
expressly provided herein, (1) the Owner's rights of access to the
through -traffic roadways and/or ramps shall be subject to the same rules
and regulations as apply to the general public, and (2) the Owner and
the State, by execution of this agreement, do not waive or relinquish
any right which they may have under the law or Constitution, State or
Federal.
In the event the Owner fails to comply with the requirements as set out
herein, the State may take such action as it deems appropriate to compel
compliance.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: CITY OF LUBBOCK
By:L/_Da_v_id R. Langston
David R. Langston, Mayor
Date: August 13, 1992
ATTEST:
Zsl Ranett�yd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s Harold -Willard
Harold Willard
Assistant City Attorney
EXECUTION RECOMMENDED:
Texas Dept. of Transportation
THE STATE OF TEXAS
Certified as being executed
for the purpose and effect of
activating and/or carrying out
the orders, established
policies or work programs
heretofore approved and
authorized by the Texas
Transportation Commission.
By:
Director of Right -of -Way
Texas Dept. of Transportation
Date:
This Agreement between the City of Lubbock and the
Texas Department of Transportation is to protect the
City's interest in its utilities now located in the
right-of-way of Slide Road from South Loop 289 to
1.1 miles south of 82nd Street and any future
utility installation or relocation in this portion
of Slide Road. The procedure when a City utility is
to cross or go along the State highway right-of-way
is to forward a request to the Texas Department of
Transportation for their approval and permit. With
this Agreement, utilities can be maintained and
installed in the Slide Road right-of-way without
having to obtain utility crossing permits.
This Agreement will allow the City to avoid future
individual utility crossing permits. Staff
recommended approval.
Motion was made by Councilman Neugebauer, seconded
by Councilman Aderton to authorize Resolution #3939
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
August 13, 1992
Page 559
92-51B-559-441
(19.) Consider Resolution #3940 authorizing the Mayor to
position.
RESOLUTION #3940
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Community Development Funding Agreement/Contract between the City of
Lubbock and (Lubbock Regional Mental Health and Mental Retardation for
services under a drug elimination program. Said Funding
Agreement/Contract is attached hereto and incorporated in this
Resolution a:s if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 13th day of August, 1992.
Ls/ David R. Langston
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 Linda L. Chamales
Linda L. Chamales, Assistant City
Attorney
August 13, 1992
Page 660
COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT
BETWEEN
THE CITY OF LUBBOCK AND THE LUBBOCK REGIONAL MENTAL HEALTH AND
MENTAL RETARDATION
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 13th day of August, 1992,
between the City of Lubbock, Texas, a home rule municipal corporation,
hereinafter called "City", and the Lubbock Regional Mental Health and
Mental Retardation Center, a non profit center, hereinafter called
"Grantee".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services
in its undertaking of a Community Development Plan pursuant to the
Housing ,and Development Act of 1974, as amended; and
WHEREAS, the Grantee is a non profit center offering services to
low income individuals who are at risk of participating in gang and drug
activity; and
WHEREAS, the services provided by the Grantee benefit citizens of
the City of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared
programs of Lubbock Regional MHMR to be a public purpose and the
provision of these services to be a predominate purpose of this
transaction; and
WHEREAS, the Grantee and the services it provides have been found
to meet the criteria for funding under provision 570-201(e) of the
Community Development Regulation for Public Services; and
WHEREAS, the accomplishment of the above public purpose is the
predominant purpose of this transaction; continuing supervision by the
City together with statutory and contractual requirements provide
sufficient assurance that the public purpose will be accomplished; the
City Council has found that the Grantee has the special expertise,
knowledge and experience necessary for the operation of a public housing
agency and that the City will receive adequate consideration in the form
of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee to make
available operating assistance for the Drug Elimination Program, at the
Lubbock Regional Mental Health and Mental Retardation Center, 1210 Texas
Avenue;
NOW THEREFORE, the City and Grantee do hereby mutually agree as
follows:
1. The assistance made available through this agreement shall
be used by the Grantee solely for the purposes of the MHMR Drug
Elimination program. This assistance shall provide funding for two
outreach workers and associated operating expenses for the MHMR Drug
Elimination Program. Attached as Exhibit A is a detailed budget for the
project.
The services provided by the Grantee shall exclusively benefit
lower income families residing in the Community Development Target Area
and whose gross household income does not exceed the lower income
eligibility requirements as established by the Department of Housing and
Urban Development.
August 13, 1992
Page 661
2. The City agrees to provide Grantee assistance from
Department of Housing and Urban Development funds in an amount not t❑
exceed $44,404. This contract shall commence on ❑r as ❑f August 14,
1992 and shall terminate on May 31, 1993. Grantee shall submit to the
City invoices for the services and approved costs of this program.
3. Grantee understands and agrees that the assistance made
available under this agreement is contingent upon the actual receipt of
adequate Federal funds to meet the CITY's liabilities under this
agreement. It is expressly understood that this agreement in no way
obligates the General Fund or any other monies or credit of the City of
Lubbock.
4. The Grantee agrees to provide the CITY with the year-end
audit report for the Grantee's ❑perations. The Grantee shall submit an
audit report which is in compliance with the provisions of the Single
Audit Act of 1984, and OM8 Circular No. 128. The audit shall be
prepared by an independent Certified Public Accountant and shall include
as supplemental information statements of compliance and internal
control with respect to Federal financial assistance provided to the
Grantee by the CITY. The audit report shall be submitted no later than
150 days following the end of the Grantee's Fiscal year.
5. The Grantee agrees that the performance of work and services
pursuant to the requirements of this agreement shall conform to high
professional standards. The Grantee 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.
6. For purposes of determining venue and the law governing this
agreement, activities performed under this agreement are performed in
the City ❑f Lubbock, Lubbock County, State of Texas.
7. It is expressly understood by Grantee that this assistance
is made available as part of CITY's Community Development Block Grant
Program, and as such, the activities undertaken must comply with all of
the rules and regulations established by said program, including those
assurances and conditions which are incorporated as Part II of this
agreement and hereby adopted for all purposes. Grantee agrees that the
services provided by the Grantee under this agreement shall be devoted
primarily to assist low and moderate income households.
S. The Grantee further agrees to make its books and records
available to inspection by any representative of the CITY, the
Department of Housing and Urban Development, and the CITY's independent
auditors as the CITY may determine necessary at any mutually convenient
time. Grantee also agrees to provide CITY, the Department of Housing
and Urban Development, and the CITY's independent auditors with such
reports as the CITY may from time -to -time require as proof of Grantee's
compliance with any or all terms and conditions of this agreement.
9. It is understood and hereby agreed that the Grantee shall
not deny benefits to or discriminate against any person on the basis of
race, color, religion, age, sex, national origin, or handicapped status
in the performance of any activities funded under this agreement.
10. The CITY shall not be subject to any of the obligations or
liabilities of the Grantee incurred in the performance of this
agreement. The Grantee expressly agrees to indemnify and hold harmless
the CITY for any and all liabilities and obligations incurred due to the
negligence of the Grantee, its employees, officers, agents,
subcontractors, or agencies, or the negligent acts or omissions,
breaches of contract of the Grantee or its employees, officers, agents,
subcontractors or agencies.
11. This contract may be terminated as a result of any one of
the following happenings:
August 13, 1992
Page 662
a. If through any cause the Grantee shall fail t❑ fulfill in a timely
manner its obligations under this agreement or if the Grantee violates
any of the conditions ❑f this agreement, then the CITY shall give
written notice of such violation or failure to proceed in a timely
manner t❑ the Grantee. Within ten (10) days after such notice, the
Grantee shall inform the CITY in writing ❑f the corrective action taken.
The Grantee shall exercise all due diligence to correct any and all
violations. In the event the violations are not fully corrected within
twenty (20) days from the date the Grantee first gave notice t❑ the CITY
of the actions taken, the CITY retains the right to terminate this
agreement forthwith.
b. This agreement shall at all times be subject to any corrective
actions taken or directives issued by the Department of Housing and
Urban Development in relation to the CITY's Community Development Block
Grant Program. The Grantee shall comply with any and all such
communications received by CITY from the Department of Housing and Urban
Development, including termination of this agreement, as if such
communication were made a part hereof.
C. This agreement may be terminated by Grantee upon sixty (60) days
prior written notice to the CITY.
12. No member of or delegate to the Congress of the united
States and no Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit to arise herefrom.
13. The Grantee shall not assign, sell or transfer any interest
in this contract without the prior written consent ❑f the City thereof.
14. This agreement contains the entire agreement of the parties.
15. None of the services covered by this agreement shall be
subcontracted without the prior written consent of the City.
IN WITNESS WHEREOF, the City and the Grantee have executed this
agreement as of the first day above written.
ATTEST
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Sandy Ogletree
Sandy Ogletree
Community Development
Administrator
APPROVED AS TO FORM:
s Linda Chamales
Linda Chamales
Assistant City Attorney
CITY OF LUBBOCK
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
Lubbock Regional Mental Health
and Mental Retardation Center
ZsZ Gene Menefee
Gene Menefee
Executive Director
ATTEST:
/s/ Ms. Green
Secretary
August 13, 1992
Page 663
In October, 1991, the City Council approved $50,000
under the Community Development Block Grant program
to fund an expansion of the Drug Elimination Program
offered by the Lubbock Housing Authority. The
funding specifically provided for three additional
staff who will concentrate their efforts in the
Arnett Benson, Guadalupe and Overton neighborhoods.
The funding was for a pilot program from October,
1992 until March, 1992. The Lubbock Housing
Authority currently receives approximately $249,000
in HUD funding for a drug elimination program that
focuses on the public housing areas and the
immediate surrounding neighborhoods.
Additional funding of $44,000 from the Community
Development program was allocated under the 1992-93
program beginning June 1, 1992 and the purpose was
to continue the initial effort through May, 1993.
The intent of the City was to contract with the
Lubbock Housing Authority to administer this program
in conjunction with the existing Drug Elimination
Program. Due to liability concerns, the Lubbock
Housing Authority was unable to execute their
contract and initiate the program.
A proposal was originally submitted by Lubbock
Regional Mental Health/Mental Retardation to
initiate the program under the outpatient drug
treatment services for $130,740 to cover a 14-month
period. The requested funding would hire four
outreach workers to work in targeted neighborhoods
including Chatman Hill, Cherry Point, Overton North,
Arnett Benson, and Guadalupe. The MHMR has scaled
down their proposal for a pilot project of two
outreach workers for $44,404, ending May 30, 1993.
The remaining CD funding of approximately $45,000 is
proposed to be utilized to establish a youth
initiatives or youth services coordinator position.
This particular function would assist in the
coordination and identification of private,
non-profit, and public activities dealing with high
priority youth and to determine how each can work
together more closely to provide as many programs,
activities and means as possible.
Staff recommended a scaled back pilot program which
would end May 30, 1993 and would employ two outreach
workers to target one neighborhood. The budget is
$44,404 with MHMR providing the program. funding
for the continuation of the program beyond that time
period should be reviewed by the Community
Development Advisory Committee and included in the
annual allocation for the 1993-94 CDBG Year Program.
The second part of this recommendation is to provide
funding of $45,000 for a youth services coordinator
position to assist with identifying and coordinating
agencies that have programs and activities that work
with at -risk youth; and to assist in developing a
more comprehensive approach in dealing with at -risk
youth issues in the community.
August 13, 1992
Page 664
92-51B-664-442
(20.)
These projects qualify for Community Development
Block Grant funding as a public service activity.
Historically, the City of Lubbock has limited public
service or operational funding of non-profit
agencies to emergency or one-time situations and has
funded major capital expansions for non -profits.
This proposal represents the first public services
project by the City that does not include funding
from other sources. Additionally, the CDAC adopted
a 25% matching requirement for non-profit agencies.
Since this is a new program with no other sources of
funding, the CDBG commitment represents 100% of the
current and future funding.
Discussion followed regarding the duration of the
program funding and whether or not a current
employees could handle the Youth Services
Coordinator duties. Councilman Neugebauer requested
that Staff examine this option and Councilman Cooke
concurred.
Motion was made by Councilman Patterson, seconded by
Councilman Cooke to authorize Resolution #3940 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3941
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and the United States of
America Department of Transportation, and the Federal Aviation
Administration, attached herewith, which Agreement shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shal'I constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
Is1 David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED A5 TO CONTENT:
s Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
A copy of the Lease Agreement is filed with Resolution No. 3941.
August 13, 1992
Page 665
92-51B-665-443
(21.)
This is a renewal of a no -compensation lease with
the Federal Aviation Administration whereby the
Airport provides land for various equipment. This
equipment is located on bath ends of the runways, is
used for approach navigation and the U.S. Government
is responsible for the installation and maintenance
of the equipment.
This lease is for one year with an automatic renewal
clause that could extend until September 30, 2007.
The Airport Board has unanimously recommended this
Agreement and Staff recommended approval.
Motion was made by Councilman Cooke, seconded by
Councilman Patterson to authorize Resolution #3941
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3942
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 Lease
Agreements with Auto Rent, Inc. of Avis Rent-A-Car Systems, Inc. and
Southwest -Tex Leasing Co., Inc. d/b/a Advantage Rent-A-Car, attached
herewithi, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harald Willard
Harold Willard, Assistant City Attorney
A copy of the Lease Agreements with Avis and Advantage Rent Car
Companies are filed with Resolution No. 3942.
Avis and Advantage Rent Car Companies have agreed to
execute new concession agreements with the City.
These agreements are for three years and will expire
on April 30, 1995. The concession rate is 10% of
gross revenue derived from Airport patrons using
their services and the annual revenue to the Airport
from all on -airport rent car operations is
approximately $475,000.
August 13, 1992
Page 666
92-51B-666-444
(22.)
According to Staff memo, in the new agreement only
slight changes were made in the areas of auditing
procedures and record storage requirements. Also,
an additional option of allowing an irrevocable
letter of credit in lieu of a performance bond was
added to the agreements. Agreements for all
on -airport concessionaires are identical in their
provisions. Staff advised that the other two
leasors that presently operate at the Airport are
expected to execute their agreements in the near
future.
The Airport Board unanimously recommended this
agreement to the City Council for approval. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman rote to authorize Resolution #3942 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3943
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and Earl Horton for the
sale of used aircraft parts, attached herewith, which Agreement is
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
Ls/ -David R._Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Beatriz M. Rodriguez for Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Bern Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s A thony Williams
Anthony Williams, Assistant City
Attorney
A copy of the Lease Agreement is filed with Resolution No. 3943.
August 13, 1992
Page 667
92-51B-667-445
(23.)
Earl Horton is interested in a building located just
east of the East Airport district entrance. This
building was acquired in a recent land purchase
funded by the Federal Aviation Administration. The
building has not been occupied for some time and is
in need of extensive repairs and clean up. The
agreement with Mr. Horton is to repair and clean up
this warehouse as part of the occupancy agreement.
Mr. Horton plans to use this warehouse to operate a
used aircraft part business. The term is for 3
years and will result in an increase in airport
income of $11,400 for the 3-year period.
The Airport Board has unanimously recommended this
Agreement and recommended it to the Council for
approval. Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilman Patterson to authorize Resolution #3943
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3944
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
Archaeological Services Contract between the City of Lubbock and Hicks &
Company, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of August, 1992.
!_s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita Harmon
Rita Harmon,
Assistant City Manager
APPROVED A5 TO FORM:
s Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
August 13, 1992
Page 668
ARCHAEOLOGICAL SERVICES CONTRACT
AGREEMENT made as of August 13, 1992, between City of Lubbock
(hereinafter called the "Owner") and Hicks & Company (hereinafter called
the "Consultant").
WHEREAS, the Owner seeks archaeological studies at the existing
City landfill which are required by the Texas Antiquities Committee; and
WHEREAS, the Consultant represents that he has sufficient
experienced personnel and equipment to perform the required service, and
the Owner desires the Consultant to perform the archaeological studies
described in Exhibit A.
NOW THEREFORE, in consideration of the mutual undertakings herein
contained, the parties hereto agree as follows:
ARTICLE I
GENERAL
The Consultant shall render diligently and competently the
archaeological services described in its Proposal to Provide
Archaeological Services, attached hereto as Exhibit A and by this
reference made a part of this Agreement, upon the terms and conditions
herein stated.
ARTICLE II
COMPENSATION
The Owner shall pay the Consultant, for services performed
pursuant to this Agreement, in the amounts provided in the amended
schedule of cost included as Exhibit B. Unless otherwise specified, the
Consultant shall submit monthly invoices for work performed and the
Owner shall pay the Consultant within thirty (30) days after receipt of
such statement.
ARTICLE III
MISCELLANEOUS
Section 1. INSURANCE. The Consultant shall maintain workmen's
compensation insurance covering all employees of the Consultant who
shall perform any of the obligations of the Consultant hereunder,
whether or not such insurance is required by the laws of the State
governing the employment of any such employees. If any employee is not
subject to the workmen's compensation laws of such State, such insurance
shall extend to such employee voluntary coverage to the same extent as
though such employee were subject to such laws. The policy of insurance
shall be in such form and issued by such insurer as shall be
satisfactory to the Owner.
Section 2. LIABILITY. The Consultant shall maintain general
liability insurance in an amount of not less than one million dollars
while completing the undertaking described herein.
Section 3. AUTO INSURANCE. The Consultant shall maintain
automobile liability insurance as required by the State of Texas or
verify that such insurance is provided for all vehicles operated as part
of the undertaking herein described.
Section 4. QUALIFIED PERSONNEL. The obligations and duties to be
performed by the Consultant under this Agreement shall be performed by
persons {qualified to perform such duties efficiently.
Section 5. ASSIGNMENT. Except as stated in Exhibit A the
obligations of the Consultant under this Agreement shall not be assigned
without -the approval in writing of the Owner.
August 13, 1992
Page 669
Section 6. SCHEDULE. The Consultant shall complete the
undertaking within five (5) months after notice to proceed is received.
The sample schedule provided in Exhibit A shall be amended to reflect
the final approval of this contract and subsequent notice to proceed.
Section 7. APPLICABLE LAW. This Agreement shall be considered to
be performed in Lubbock County, Texas
Section 8. INDEPENDENT CONTRACTOR. Consultant is, and shall
remain, an independent contractor with full, complete and exclusive
power and authority to direct, supervise, and control his own employees
and to determine the method of the performance of the work covered
hereby. The fact that the Owner shall have the right to observe
Consultant's work during his performance and to carry ❑ut the other
prerogatives which are expressly reserved to and vested in the Owner
hereunder, is not intended to and shall not at any time change or effect
the status of the Consultant as an independent contractor with respect
to either the Owner or to the Contractor's own employees or to any other
person, firm or corporation.
Section 9. TERMINATION OF AGREEMENT. This Agreement shall become
effective as of the date of execution hereof and shall remain in effect
and be paid in accordance with Exhibit B. Termination of the contract
by either party requires 30 days written notice. All work completed up
to that time shall be paid at the stated fees.
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be duly executed this 13th day ❑f August, 1992.
HICKS & COMPANY
Consultant
BY:Isj Name Not Legible
ATTEST:
s Sandfra Hicks
Secretary
CITY OF LUBBOCK
Owner
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon,
Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
August 13, 1992
Page 570
In July, 1991, the Texas Antiquities Committee
notified the City of Lubbock that 14 acres in
undeveloped area in the landfill could not be used
for disposal until an archaeological and
geomorphological investigation was completed. This
additional investigation would be Phase II of the
previous work at the landfill. Funds for the Phase
II project were allocated under the Solid Waste
Management Capital Program for FY 1991-92 budget
year which begin October 1, 1991.
Specifications for the project were completed in
March, 1992 and a Request for Proposals was
completed and advertised on April 15, 1992. In
determining who should receive copies of the RFP,
the Purchasing Department contacted Dr. James
Barrick of the Texas Tech Geology Department for
advice who suggested that Staff contact the Texas
Historical Commission in Austin for a list of
archaeologists. The Commission provided Staff with
a list of 29 firms and individuals who perform
archaeological cultural resource investigations for
this type of project in Texas.
The RFP was mailed to the 29 firms and individuals
listed by the Texas Historical Commission. The RFP
was sent to four local firms:
1. The Museum at Texas Tech, c/o Dr.
Eileen Johnson
2. W.J. Mayer -Oakes
3. Hugo Reed and Associates
4. Ron Ralph Archaeological
Assessments, a local archaeologist
The Museum at Texas Tech was sent an RFP because of
their archaeological expertise and interest in
previous archaeological projects at the Lubbock Lake
Site. W.J. Mayer -Oakes and Hugo Reed and Associates
requested RFD's in response to the advertisement for
bids.
August 13, 1992
Page 671
On July 16, 1992, Staff briefed Council on the
Archaeological Phase II Project and requested
authorization to negotiate a contract with Hicks and
Company for a mutually acceptable contract for the
Archaeological Investigation Phase II at the City of
Lubbock Landfill. Upon approval by Council, Staff
negotiated a contract with Hicks and Company. The
key provisions of this contract are as follows:
Evaluate the cultural resources
potential in the Wind Pit area of
the existing City of Lubbock
landfill. This evaluation of the
site can be broken down into three
tasks:
lj To determine for certain if
there are cultural remains
present in the landfill area.
If the excavations indicate
that no cultural materials are
present, the locality can be
cleared immediately.
2) If cultural remains are
present, the study will
determine if these remains are
intact. If it can be
demonstrated that the remains
are disturbed or not in their
original location, the site
may not be eligible for
preservation and it may be
possible to clear it for
landfill use.
3) If intact cultural remains are
present, to determine the
precise extent of these
remains and their potential to
contribute to scientific
knowledge. Even if intact
remains are present, it may be
possible to either delimit a
small area for preservation or
to enact a data recovery
program which will still make
utilization of the landfill
area cost effective.
To accomplish the above objectives, Hicks and
Company will:
Conduct soil borings to determine
the extent of the area of
potentially significant deposits.
Excavate a series of small soil
tests to determine the extent of
promising deposits and possible
intactness of sediments.
Take a series of specialist tests to
determine if the site will yield
scientific information. (These will
only be conducted if necessary.)
Complete a final report of
activities.
August 13, 1992
Page 672
Project cost is $39,980 and the timeframe for
excavation is approximately two weeks. The final
report may take several months due to the extensive
testing and analysis required. dicks and Company
can begin work within a week of notification.
Subsequent to this authorization, Max Winn contacted
the Solid Waste Management Department and requested
that the RFP process be cancelled because he thought
there was a lack of local participation.
Mr. Winn was briefed on the fact that the local
vendor, dicks and Company, has included Dr. Eileen
Johnson, Professor of Anthropology at the Texas Tech
Museum. Dr. Johnson, will supervise the water
screening of sediments and the analysis of
artifacts, if any, from the locality. She will also
personally analyze any faunal materials recovered.
Mr. Winn suggested that the archaeological work be
contracted to Dr. C.C. "Tex" Reeves, Chairman of the
Geology Department, Texas Tech. Mr. Winn believes
that the Texas Historical Commission provided only
lists of archaeological firms or archaeologists and
felt that since Dr. Reeves was not an archaeologist,
he was excluded from the bidding process. Staff
provided Dr. Reeves with a copy of the RFP on July
22, 1992 and on July 29, 1992, Dr. Reeves verbally
responded to the RFP as follows:
Dr. Reeves has stated he is not qualified to perform
the Archaeological work but that he is qualified to
perform the Geological work. He requested that the
disciplines be separated into different bid packages
in the future and believes this will allow him to
bid on future work. Staff informed Dr. Reeves that,
if at all possible, they will attempt to separate
the work into the respective disciplines on future
work.
Since this is an archaeological project and Dr.
Reeves is a Geologist, he was not included on the
bid list received by Staff. The specific purpose of
the study is to determine the archaeological
significance and archaeological deposits on this
site.
Staff recommended approval.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilman Cooke to authorize Resolution 43944 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
August 13, 1992
Page 673
92-51B-673-446
(26.)
Company.
RESOLUTION #3945
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
Addendum #4 for Claim Service Contract No. 3628 by and between the City
of Lubbock and Crawford and Company, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 13th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd„ City Secretary
APPROVED AS TO CONTENT:
s J. Robert Massengale
J. Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
August 13, 1992
Page 674
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CRAWFORD & COMPANY
ADDENDUM #4
CONTRACT NO.: 3628
PREPARED AUGUST 4, 1992
CLIENT CODE NO.: 01277
CRAWFORD & COMPANY, hereinafter referred to as the "Servicing Company,"
and CITY OF LUBBOCK, hereinafter referred to as the "Client," mutually
agree to the following amendment to the July 14, 1989, Claim Service
Contract #3628.
1. Page 1, section (3) is amended to read as follows:
For the period July 14, 1992 through July 13, 1993:
200 State Workers' Compensation Medical Only
claims @ $64.75 per claimant = $ 12,950.00
100 State Workers' Compensation Other Than
Medical Only claims @ $690.50 per
claimant (States of AK, CA, FL, and TX) _ $ 69,050.00
78 Automobile Liability claims @ $229.00
per claimant = $ 17,862.00
222 General Liability claims @ $229.00 per
claimant = $ 50,838.00
TOTAL $I50,700.00
2. Page 1;, last paragraph first sentence is amended to read as
follows:
The "Client" agrees to pay the "Servicing Company" at the rate of
one -twelfth (1/12) of $150,700.00 per month ($12,558.33).
3. All other provisions and amendments of the July 14, 1989 contract
#3628 shall remain unchanged.
IN WITNESS WHEREOF, the "Servicing Company" and the "Client" have caused
this addendum to be executed by the persons authorized to act in their
respective names.
DATED this 13th day ofAugust, 1992.
CITY OF LUBBOCK
By:IsZ David R. Langston
David R. Langston, Mayor
ATTEST:
By:IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
By: s J.--Robert Massengale
J. Robert Massengale, Assistant
City Manager for Financial Services
APPROVED AS TO FORM:
By:Is/ Linda L. Chamaies
Linda L. Chamales
Assistant City Attorney
CRAWFORD & COMPANY
By
Vice President
August 13, 1992
Page 675
On July 13, 1989, the City of Lubbock entered into a
Contract with Crawford & Company for the processing
of claims for liability and workers' compensation.
The 5-year Contract includes a provision for annual
revisions.
The original Crawford contract was amended as
follows: (1) Changed language in the original
contract which was overlooked at the time the
Crawford contract was written; and (2) increased the
fees by 6-1/2%. These two amendments were effective
for the contract year July, 1990 through July, 1991.
The third amendment increased total fees charged in
contract year 1990-91 by 1.7% for contract year
1991-92. In this fourth contract amendment Crawford
has requested an increase per claim fee by 1.7%.
Using the proposed rates, the total claims adjusting
costs are estimated to be $150,700.
City Staff advised that these adjustments are
reasonable and appropriate and are consistent and
competitive with ❑ther third -party administrators in
the industry.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilman Neugebauer to authorize Resolution 93945
as recommended by Staff. Motion carried: 7 Yeas; Q
Nays.
August 13, 1992
Page 575
92-51B-575-447
(27.)
RESOLUTION #3945
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 Regarding Exercise of Options and Purchase of Real Property
necessary for the Texas Department of Criminal Justice Corrections
Facility, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of August, 1992.
Ls/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Rod Ellis
Rod Ellis, Business Liaison Officer
APPROVED AS TO FORM:
ZsZ John C. Ross- Jr.
John C. Ross., Jr., City Attorney
A copy of the Agreement is filed with Resolution No. 3945.
The Texas Department of Criminal Justice has
selected the South Site for the location of a
550-bed psychiatric support facility. It is
necessary to proceed with the purchase of the 1302.5
acres of land offered to the Department as part of
the City's incentive package to secure the facility.
Other incentives offered by the City include water
and sewer line extensions to the site, an elevated
water tank, site grading, irrigation pivots, a
pipeline for wastewater effluent, and other
miscellaneous items. The total commitment by the
City is approximately $4.1 million. The land
purchase price, broker's fee and closing costs are
approximately $2.7 million. Staff is in the process
of issuing Certificates of Obligation for $4 million
to finance the City's offer.
The Lubbock Chamber of Commerce entered into an
agreement with a real estate broker to secure the
contract options for the land that was offered to
the State as part of the City's proposal.
Subsequently, the real estate broker entered into
four option contracts with various individuals to
purchase the 1302 acres for the south site. To
purchase the property, the contract options between
the broker and the property owners must be exercised
before September 1, 1992.
August 13, 1992
Page 677
92-51B-677-448
(2B.)
This Agreement which was prepared by Fulbright &
Jaworski, the City's bond counsel, is a four-way
agreement between the City, the State Department of
Criminal Justice, the real estate broker, and the
title company. This Agreement will allow the City
to deposit monies in an escrow fund available only
for the purchase of the properties. After the
escrow fund is established, the broker will exercise
the options and take title to the property, and at
the same time the property will be conveyed to the
Texas Department of Criminal Justice. Survey and
title work on the property are nearing completion,
and Staff anticipate closing on the property as soon
as possible.
It is important that Staff approve this agreement
regarding exercise of options so that the real
property purchase options can be exercised prior to
their expiration on September 1, 1992. This land
purchase is necessary to fulfill the City's
commitment to the Texas Department of Criminal
Justice so they may construct the 550-bed
psychiatric prison hospital in Lubbock.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Cooke to authorize Resolution #3946 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
This item was held.
August 13, 1992
Page 678
92-51B-678-449
(29.)
92-51B-678-4501
(30.)
92-51B-678-451
(31.)
92-51B-678-452
(32.)
92-51B-678-453
(33.)
Canadian River Municipal Water Authority
Lubbock Industrial Development Corporation
MHMR Board of Trustees
MHMR Public Responsibility Committee
Keep Lubbock Beautiful Advisory Board
Human Relations Commission
Permit and License Appeal Board
Municipal Garden and Arts Center Advisory Board
Stormwater Advisory Committee
Community Services Commission
Electric Utility Board
Urban design and Historical Preservation
Commission
This item was held.
This item was held.
Consider four appointments to the Lubbock Industrial
Development Corporation. Ihe terms of Alan Henry,
Moises Perez, George Scott, Jr., and David Seim
expired July24, 1992.
This item was held.
This item was held.
Consider two appointments to the MHMR Public
Res.ponsibility__Committee. The terms of Louise
Cummins and Jim Bertram will expire August 31, 1992.
This item was held.
August 13, 1992
Page 679
92-51B-679-454
(34.)
92-51B-679-455
(35.)
92-51B-679-456
(36.)
92-51B-679-457
(37.)
92-51B-679-458
(38.)
92-51B-679-459
(39.)
92-51B-679-460
(40.)
This item was held.
This item was held.
Consider two appointments to the Permit and License
Anneal Board. The terms of Dorothy Phea and Chuck
Key expired April 27, 1992..
This item was held.
This item was held.
Consider fifteen appointments to the Stormwater
Advisory Committee.
This item was held.
This item was held.
This item was held.
August 13, 1992
Page 680
92-51B-580-451
(41.)
September 14, 1992.
This item was held.
There being no further business to
by Councilman Patterson, seconded
meeting at 5:00 p.m. Motion carri
Aderton absent from the Chambers.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 27th day
ATTEST:
Isl Ranette Floyd
Ranette Boyd„ City Secretary
fore Council, motion was made
Cound an Ince to adjourn the
6 Yeas 0 Naffs—CDjanc i 1x9T\
. ter --.—I