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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