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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/12/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 12, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of November, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor Pro Tem Maggie Trejo, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and Acting City Secretary Sally Still Abbe. Absent: Mayor David Langston. Mayor Pro Tem Maggie Trejo called the meeting to order at 10:00 A.M. She announced that at some time during the meeting the Council would meet in Executive Session, in accordance with Article 6252-17, Section 2, to discuss land acquisition, pending litigation, and personnel matters regarding board appointments. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 92-51B-915-625 ( 3.) Mayor Pro Tem Trejo will present a certificate of appreciation to Billy Pride. Mayor Pro Tem Trejo presented a certificate of appreciation to Citibus driver Billy Pride, who saved the life of passenger Francisca Rodriguez in November, 1991. Mr. Pride received a standing ovation from those present. 92-51B-915-626 ( 4.) Joan Jones and students of Parkway Elementary School will make a presentation before City Council. The sixth grade class of Joan Jones from Parkway Elementary presented each Councilmember with their name rendered in calligraphy, with an explanation of the origin of their name. Student Denise Williams made the presentations. 92-51B-915-627 ( 5.) Harold Chatman, Chairman of the Citizens Traffic Commission, will appear to recommend the installation of a School Crosswalk and a "Reduced Speed Zone with Flashing Lights" on Slide Road at 92nd Street (east leg). Harold Chatman, Chairman of the Citizens Traffic Commission, appeared to recommend installation of a school crosswalk and a "Reduced Speed Zone with Flashing Lights" on Slide Road at 92nd Street (east leg). This will serve students attending Preston Smith Elementary School who live east of Slide Road. November 12, 1992 Page 916 According to staff memo, a traffic engineering study was conducted in accordance with "School Crossing Control Criteria", and the results showed that the number of students using the intersection was not sufficient to justify installation. The criteria requires that an average of ten students use a location before any traffic control devices are provided. The largest number of students crossing at this location has been eight. This item was considered by the Citizens Traffic Commission at their October 13, 1992 meeting. Staff pointed out to the CTC that although there is potential for the required number of students to use a crossing at this intersection if traffic control devices are installed, it is possible that the required number will not develop. There have been two other locations in the City where crosswalks and flashing lights were removed due to lack of sufficient use. The CTC approved the recommended installation of a school crosswalk and "Reduced Speed Zone with Flashing Lights" on Slide Road at 92nd Street (east leg). In accordance with the City's "School Crossing Control Criteria", this will also require a permanent adult crossing guard. Since there is potential for sufficient use of this crossing, staff recommended that the Traffic Engineering Department be authorized to install the school crosswalk and the "Reduced Speed Zone with Flashing Lights". The speed would be reduced to 30 mph within the zone when the lights are flashing. The estimated cost of this installation is $6,000 and sufficient funding is available in the "Traffic Control System Capital Projects Fund." Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to approve installation of a school crosswalk and a "Reduced Speed Zone with Flashing Lights" on Slide Road at 92nd Street (east leg) as recommended by CTC and City staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-916-628 ( 6.) Brad Lewis, representing Oakwood Baptist Church, Brad Lewis, representing Oakwood Baptist Church, appeared to request a loudspeaker permit for a youth rally promoting positive lifestyles in the community. The request is for Wednesday, November 18, 1992, from 5:00 p.m. until 6:30 p.m. The event will take place on the southwest corner of Ribble Park (corner of 60th Street and Avenue U). According to staff memo, area residents were petitioned and those contacted approved. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the request of Oakwood Baptist Church for a loudspeaker permit for November 18, 1992. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 917 It was consensus of Council to remove Items #10 and #27 from the consent agenda. ( 7.) Motion was made by Councilmember the October 22, written. Motion 92-51B-917-629 ( 8.) by Councilmember Aderton, seconded Patterson to approve the minutes of 1992 Regular City Council Meeting as carried: 6 Yeas; 0 Nays. ORDINANCE #9559--Zone Case #2118-S (southeast corner of 94th Street and York) --Request of J.B. Hoskins, ORDINANCE #9559 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-S; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 769-774, LAKERIDGE COUNTRY CLUB ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 92-51B-917-630 ( 9•) Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9559 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9560 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2378-A; A ZONING CHANGE FROM R-1 AND M-1 TO C-4 SPECIFIC USE FOR AN RV STORAGE LOT ON TRACT A, FARM DISCOUNT STORE ADDITION AND A TRACT OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9560 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-917-631 (11.) ORDINANCE #9562--Zone Case #2321-D (west of Richmond between 58th and 59th Streets) --Appeal of David Govette (or Kim Craig) for a zoning change from R-1 to R-1 Specific Use on Lots 3-A and 3-B-1 through 6-A-1, Richmond Place Addition. ORDINANCE #9562 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2321-D; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR TOWNHOUSE/GARDEN HOMES ON LOTS 3-A AND 3-B-1 THROUGH 6-A-1, RICHMOND PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. November 12, 1992 Page 918 92-51B-918-632 (12.) Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9562 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9558--Abandoning and closing a Transformer Pad Easement located on Lot 285, Pheasant Run Addition (7405 Huron Avenue). ORDINANCE #9558 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9558 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-918-633 (13.) ORDINANCE #9563--Establishing a Reinvestment Zone within and upon all of Tract 6, Planters Industrial Park Addition to the City of Lubbock, Texas. ORDINANCE #9563 AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF LUBBOCK AS AUTHORIZED BY V.T.C.A., TAX CODE, SECTION 312.201; DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT; ACKNOWLEDGING THAT A PUBLIC HEARING WAS HELD PRIOR TO ADOPTION OF THIS ORDINANCE; MAKING FINDINGS AS REQUIRED BY SECTION V OF THE GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR ALL TAXING UNITS CONTAINED IN LUBBOCK COUNTY AND PROVIDING A SAVINGS CLAUSE. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9563 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-918-634 (14.) Consider Resolution #4012 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. RESOLUTION #4012 A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a contract with Williams and Peters Construction Company for the making of street improvements in said City including among others the following: Avenue H and Erskine Avenue paving improvements WHEREAS, the construction of the above improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the terms of said Contract, Project No. 9609; NOW THEREFORE: November 12, 1992 Page 919 SECTION 1. THAT the improvements above -mentioned BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the Contractor in the amount of $13,212.06. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre.io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements constructed to tie into the I-27 Project. These improvements consist of street paving and curb and gutter on: Avenue H from 3rd Street to one-half block north of 2nd Place. Erskine Street from North Avenue K to I-27. Handicapped ramps constructed at Maxey Park. The handicapped ramps were added to this contract at the request of the Parks and Recreation Department. The original estimated contract amount was $246,147.25; the final contract cost is $264,241.32. The difference in the original estimated contract and the final construction cost is $18,094.07. Upon this acceptance, the final payment of $13,212.06 will be due the contractor. Staff recommended approval of this resolution. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4012 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 920 92-51B-920-635 (15.) Consider Resolution #4013 supporting use of adjusted census count for intercensal population estimates. RESOLUTION #4013 WHEREAS, the 1990 Census will provide essential population statistics governing federal funding allocations and political representation for the next decade; and WHEREAS, the 1990 Census has been fraught with numerous operational problems; and WHEREAS, the Census Bureau has acknowledged undercounts in past censuses; and WHEREAS, the 1990 Census is projected to contain not only an undercount of minorities but of non -minorities as well; and WHEREAS, the preliminary census counts understated the population of the City of Lubbock, by an estimated 12,218 people; and WHEREAS, the undercount is projected to have a disproportionately adverse impact upon the nation's urban areas such as the City of Lubbock; and WHEREAS, the Census Bureau has developed a statistical methodology for correcting the undercount but the Commerce Department has refused to use this corrective mechanism; and WHEREAS, federal disinvestment in key urban funding combined with federal restrictions on tax exemption have threatened and continue to threaten cities' abilities to cope with growing social and financial problems; and WHEREAS, the Constitution of the United States clearly states that all persons must be counted; and WHEREAS, the City of Lubbock believes that all persons count; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock urges and supports the incorporation of the Post Enumeration Survey for intercensal population estimates at the sub -state -- local level. November 12, 1992 Page 921 BE IT FURTHER RESOLVED that barring legislative or administrative remedies the City of Lubbock supports judicial action to effect a statistical correction of the 1990 Census. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Trejo DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff presentation during the October 22, 1992 City Council work session, the Bureau of the Census requested comments on various options for incorporating information from the 1990 Census Post Enumeration Survey into the population estimates used in funding formulas for federal programs. Staff recommended the option to adjust the national and state counts and use the state percentage of adjustment for local estimates. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4013 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 922 92-51B-922-636 (16.) meetings. RESOLUTION #4014 WHEREAS, the City Council did by Resolution No. 1610 embody policies and procedures pertaining to the operation of the City of Lubbock; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to amend the City Council Order of Business, Rules and Procedures as set forth in Volume 1 of the Policies and Procedures Manual with regard to voicing only of nay votes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT subparagraph VII(A) of the City Council Order of Business, Rules and Procedures contained in Volume 1, Policy and Procedures Manual, is hereby amended to read as follows: A. Voicing of Votes: On any action requiring a vote of council, both yea and nay votes will be voiced. Yea votes will indicate a vote in the affirmative; nay votes will indicate a vote in the negative. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre,io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Assistant to the City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The proposed change will require that "yea" and "nay" votes by City Council be voiced. Amendments to the Council rules are required to be entered into the record at one meeting and voted on at a subsequent meeting. This item was entered into the record at the October 22 Council meeting and voted on during this meeting. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4014 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 923 92-51B-923-637 (17.) BID #12258--Utility markers (Water Utilities). Carbonite c/o Jim Cox Sales, Dallas--760 ea. utility markers; 760 ea. utility marker decals; 760 ea. custom organization identification decals; 1200 ea. utility pedestal markers; 500 ea. utility pedestal marker decals; 500 ea. utility pedestal marker decals; 200 ea. utility pedestal marker decals. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-923-638 (18.) BID #12255--Water meter conversion kits (Water Utilities). 0&R Utilities, Inc., Odessa--6 ea. 3" MC to MCII Conversion Kit; 8 ea. 4" MC to MCTII Conversion Kit; 4 ea. 6" MC to MCTII Conversion Kit. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-923-639 (19.) BID #12246--Truck weight scale -Sanitary Landfill, and authorize same (Solid Waste). RESOLUTION #4015 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 City of Lubbock and Hammel Scale of Texas, Inc.. to furnish and install one motor truck scale at the City of Lubbock Landfill site, 6500 N. Avenue P, Lubbock, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre.io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Acting Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney November 12, 1992 Page 924 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of November, 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 Hammel Scale of Texas, Inc., of the City of , County of 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. 12246--Truck Weight Scale - Sanitary Landfill (Solid Waste) in the amount of $ and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /sl Ranette Boyd (s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Hammel Scale of Texas, Inc. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4015 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 925 92-51B-925-640 (20.) BID #12270--Fuel delivery tanker (Fleet Services). Harmon Tank Co., Inc. --Fuel delivery tanker Spec 751. Shamrock Chevrolet --Cab & chassis Spec 630. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. ,YA•il:0'Ir4��Il (21.) BID #12268--Granulated UREA (Lubbock International Airport). Zipp Industries, Inc., Amarillo--100 tn. Granulated UREA. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-925-642 (22.) BID #12242--Annual Contract --abandoned vehicle towing and storing (Police Department). Lubbock Wrecker Service Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 926 92-51B-926-643 (23.) BID #12252--Continuous Emissions Control Monitor Upgrade, and authorize same (Electric Production). RESOLUTION #4016 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 City of Lubbock and Environmental Systems Corp. to furnish and install reporting software and associated hardware on owner supplied and provided computer equipment for the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of November, 1992. ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Acting Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Maggie Treio DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 12th day of November, 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 Environmental Systems Corp. of the City of , County of 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: November 12, 1992 Page 927 BID NO. 12252--Continuous Emissions Control Monitor Upgrade (Electric Production) in the amount of $ and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Environmental Systems Corp. Knoxville, TN Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4016 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-927-644 (24.) BID #12281--Pot hole hatcher (Fleet Services). H.D. Industries, Jacksonville. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 928 92-51B-928-645 (25.) BID #12280--Tractor (Fleet Services). Hurst Equipment Co. of Lubbock--195 PTO HP Tractor Spec 986. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-928-646 (26.) BID #11496--Annual uniform services (various departments). Western Uniform Company Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 92-51B-928-647 (10.) ORDINANCE #9561--Zone Case #2402-D (southeast of 82nd Street and Frankford Avenue) --Request of David Goyette (for Lubbock Land Company) for a zoning change from C-2 and GO to R-1, C-2 and C-3 on tracts out of Section 26, Block E-2. ORDINANCE #9561 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-D; A ZONING CHANGE FROM C-2 AND GO TO R-1, GO TO C-2, AND C-2 TO C-3 ZONING ON TRACTS OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Neugebauer recused himself from voting on this item. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke, to pass on second and final reading Ordinance #9561 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays, Councilmember Neugebauer recused. 92-51B-928-648 (27.) Bid #11932--Annual pricing for water treatment chemicals (Water Treatment). Tie bid between Van Waters & Rogers, Odessa and Weskem, Inc., Odessa, on 100 tn. Dry Ferric Sulfate. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince (after a drawing by Councilmember Cooke) to award tie bid item #1 to Weskem, Inc. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 929 92-51B-929-649 (28.) In accordance with the requirements of the Cranston - Gonzalez National Affordable Housing Act of 1990, the Community Development Department has prepared both a draft Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report and a One -Year Plan. These documents must be available for review and comment by the public prior to their submission to the U.S. Department of Housing and Urban Development on December 31, 1992. The CHAS is a comprehensive planning document that identifies Lubbock's overall needs for affordable and supportive housing and outlines a strategy to address those needs. A five-year CHAS was developed and submitted in December, 1991. The CHAS was a new requirement under the new housing legislation. HUD requires an annual report designed to detail progress the jurisdiction has made in carrying out the previous year's Annual Plan (One -Year Plan) and to provide the jurisdiction an opportunity to assess its annual performance in meeting its Five -Year CHAS priorities and objectives. Each jurisdiction that has an approved CHAS Five -Year Plan must report annually on its progress in carrying out its housing strategy. This document must be available to the public for examination and comment for a period of at least 30 days. The Annual CHAS Plan must also be submitted to HUD no later than December 31, 1992. As part of the submission process, the City Council conducts one public hearing in order to provide citizens an opportunity to comment on the draft CHAS documents. A Notice of Availability for Public Review and Comment will be published in the Lubbock Avalanche - Journal which summarizes the draft CHAS documents and invites interested parties to comment either in writing or at the public hearing. In addition, copies of these documents will be mailed directly to area organizations involved in housing and/or social services. Staff recommended that the time and date of the public hearing be set as December 17, 1992 at 10:30 a.m. rather than November 19, as originally recommended. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to set the date and time for public hearing for the 1992 Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report and Plan for FY 1993 for December 17, 1992 at 10:30 a.m. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 930 92-51B-930-650 (29.) Consider authorizing the amendment of the 1992 HOME Investment Partnership Program Description and all related documents. The HOME Investment Partnership program was approved under the National Affordable Housing Act which was passed in November, 1990. The 1992 Federal appropriation for the program was $1.5 billion and was allocated to cities by formula. The City of Lubbock's FY 1991-92 application was $1,066,000. This is the first year of this program. According to staff memo, one of the goals of the HOME program is to provide local governments with the flexibility to decide the kind of housing assistance or mix of housing assistance is most appropriate to meet a community's housing needs. The statute provides a preference for rehabilitation activities. In order for the City to utilize HOME funds for new construction, additional criteria must be followed and these funds cannot be used to pay administrative costs. Eligible activities under the HOME program include tenant based rental assistance, assistance to first-time homebuyers and existing homebuyers, property acquisition, new construction, reconstruction, moderate or substantial rehabilitation, site improvements, demolition, relocation expenses and other reasonable necessary expenses related to the development of non -luxury housing. HOME funds can only be utilized to assist low-income households. Additionally, each participating jurisdiction is required to reserve at least 15% of the funds for housing to be developed, sponsored or owned by a Community Housing Development Organization (CHDO). CHDO's are private non-profit organizations which must meet a number of requirements. For Lubbock, the CHDO set aside is $159,900. In March, 1992, the City Council approved a program description which stated the general categories of expenditures that this City would follow. At the time of that submission, no regulations had been finalized and no training for Community Development staff had been performed. For that reason, the City's original March program design included only broad categories of expenditure. Staff recommended fine tuning the program categories to more accurately reflect the program that the City of Lubbock would like to pursue utilizing the HOME funds. The following is the allocation of funds as originally proposed in the City's program description: Owner Occupied Rehabilitation $ 216,000 Rental Occupied Rehabilitation 300,000 New Construction 250,000 First -Time Homebuyers 300,000 TOTAL $1,066,000 November 12, 1992 Page 931 The recommended amendment includes: Owner Occupied Rehabilitation $ 406,100 Rental Occupied Rehabilitation 500,000 New Construction 0 First -Time Homebuyers 0 CHDO Set Aside 159,900 TOTAL $1,066,000 There were several reasons for this recommended change as well as new program opportunities which have been identified since March, 1992, and these include: 1. The availability of the RTC multi -family units increased the need for rental rehabilitation funding. The funding is necessary to rehabilitate 54 units to be utilized as a family self-sufficiency program administered by the Lubbock Housing Authority. 2. The new construction program originally proposed by the staff is classified as a reconstruction activity under the owner occupied rehabilitation category. The proposal is for ten on -site redevelopments at a total cost of $370,000. 3. The approval of the HOPE III grant provided funding for the proposed first-time homebuyer program, thus eliminating this category. 4. The regulations made first-time homebuyer and new construction' programs virtually impossible to design. The final program requirements issued by HUD are heavily biased against these activities. Staff recommended this amendment. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize the amendment of the 1992 HOME Investment Partnership Program Description and all related documents as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 932 92-51B-932-651 (30.) Hodges Ball Fields. RESOLUTION #4017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Lubbock Independent School District for joint use of Hodges Baseball Field located in K. N. Clapp Park in the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre,io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney CONTRACT FOR THE JOINT OPERATING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND LUBBOCK INDEPENDENT SCHOOL DISTRICT FOR HODGES BASEBALL FIELD This Contract and Agreement is made and entered into between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", and CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY". WITNESSETH: In consideration of the premises and agreements contained herein between the parties hereto, it is mutually agreed that joint use is to be made of the property known as HODGES BASEBALL FIELD located in K. N. Clapp Park, hereinafter referred to as "HODGES FIELD", by execution of this Joint Use Agreement. November 12, 1992 Page 933 ARTICLE I TERM 1.1 Term. The term of this Contract is for a period of one (1) year commencing on November 1, 1992, and ending on October 31, 1993. 1.2 Renewals. LISD is granted ten (10) separate options to renew this Agreement, each for an additional successive one (1) year term to thereby renew and extend this Agreement up to a maximum of ten (10) additional years. To exercise each option to renew, LISD must give written notice to the CITY of its election to renew for one (1) additional year not less than thirty (30) days before the expiration of the Agreement. ARTICLE II CONSIDERATION In consideration of LISD'S use of HODGES FIELD and performance of its obligations under this Agreement, LISD shall compensate the CITY in the amount of ONE AND NO/100 DOLLAR ($1.00) per year. All payments by either party for the performance of government functions and services shall be made from current revenues available to that party in compliance with Texas Government Code, Chapter 791. ARTICLE III COORDINATING ACTIVITIES 3.1 LISD, acting through its Superintendent or his designee, and the CITY, acting through its Director of Parks and Recreation, will cooperate and coordinate recreational activities of LISD and CITY so that the area covered by this Agreement will be, at all times, available for public school baseball programs during the baseball season. 3.2 LISD will submit baseball schedules to the CITY that include practice times as well as game dates so that scheduling conflicts will not arise. 3.3 It is understood that LISD is to have preference in the event there are makeup games or Interscholastic League play-off games which were not included in original schedules submitted to the CITY. 3.4 Prior to the CITY'S scheduling activities at HODGES FIELD during baseball season, consultation will be made with LISD Athletic Officials to coordinate schedules. ARTICLE IV CITY'S OBLIGATION During the term of this Agreement, the CITY will maintain the grounds and facilities in a good workmanlike manner. The CITY agrees to inspect and to maintain the grounds and facilities in a good condition at all times during this Agreement. November 12, 1992 Page 934 ARTICLE V LISD'S OBLIGATIONS LISD agrees to make the following improvements to HODGES FIELD: A. Relocate and refurbish existing bleachers; B. Construct new fences, backstops, and dugouts at locations to increase space between the baselines and the fence/dugout lines; C. Increase height of left and right field fences to twelve (12) feet, and increase height of center field fence to eighteen (18) feet; D. Install a dark colored screen at center field fence area; E. Install scoreboard; and F. Improve concession building. Upon termination of this Joint Use Agreement, any improvement to the grounds or existing structures will become the property of the CITY, with the exception of the scoreboard which will remain the property of LISD. ARTICLE VI TERMINATION This Agreement may be terminated by mutual agreement of both LISD and CITY at any time upon the giving of six (6) months written notice of intention to terminate. Mutual agreement is defined as both parties consenting in writing to the unconditional dissolving of this Joint Use Agreement. All notices shall be in writing and sent by registered or certified mail addressed as follows: To LISD: Superintendent LUBBOCK INDEPENDENT SCHOOL DISTRICT 1628 19th Street Lubbock, Texas 79401 To CITY: City Manager CITY OF LUBBOCK, TEXAS 1625 13th Street P. 0. Box 2000 Lubbock, Texas 79457 ARTICLE VII CONCESSIONS 7.1 LISD will have complete control of any concessions placed on the premises during the school baseball season. 7.2 After the LISD baseball season concludes, the CITY will control the concession or activities at HODGES FIELD. November 12, 1992 Page 935 ARTICLE VIII VENUE Venue will in Lubbock, Lubbock County, Texas. EXECUTED this the 12th day of November, 1992. LUBBOCK INDEPENDENT SCHOOL DISTRICT BY: ROY GRIMES, BOARD PRESIDENT CITY OF LUBBOCK, TEXAS BY:/s/ Maggie Tre.io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney Director of Parks and Recreation Lee Osborn presented the staff comments. For many years the City of Lubbock and the Lubbock Independent School District have worked together to ensure the appropriate use of both city and school facilities. This cooperation is exemplified in the use of the school grounds for practice areas of many soccer and youth baseball programs; school gymnasiums for youth basketball, city league volleyball and basketball, and reservations for the public; Connie Mack baseball field for high school baseball; the Municipal Tennis Center for tournaments and practice; and Hodges baseball field on Clapp Park for Junior Varsity baseball, among others. LISD representatives contacted Parks and Recreation concerning the possibility of using Hodges baseball field for high school games until a location and field can be constructed for Lubbock High School. In order to meet the specifications for high school baseball, the field will require some renovations and LISD has agreed to fund and make the following improvements at Hodges Field: A. Relocate and refurbish existing bleachers. B. Construct new fences, backstops, and dugouts at location to increase space between the baselines and the fence lines. November 12, 1992 Page 936 C. Increase the height of left and right field fences to twelve feet. D. Install a dark color screen at center field fence area. E. Install scoreboard. F. Improve the concession/press box building. The term of the agreement would be for one year, with an option to renew for ten successive one-year terms and extend the agreement to a maximum of ten years. Upon termination of the agreement, all improvements with the exception of the scoreboard will become the property of the City. It is staff's opinion that this agreement is in the best interest of the citizens of Lubbock, LISD, and the Parks and Recreation Department. At their October 27, 1992 meeting, the Park Board gave unanimous support and recommended forwarding the proposal to the City Council. Staff has contacted the recently formed neighborhood organization around K.N. Clapp Park and the organization has no objection to the proposed improvements. Staff recommended approval. Councilmember Cooke noted that this agreement shows the kind of initiative and cooperation between jurisdictions that the Council wants to see. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4017 as recommended by the Park Board and City Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 937 92-51B-937-652 (31.) Consider Resolution #4018 authorizing the Mayor to RESOLUTION #4018 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 the City Contract Number 92-0220 by and between the Texas Commission on Fire Protection and the Lubbock Fire Department, a department of the City, which Contract is attached hereto, and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre.io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary F /s/ Don Stevens Don Stevens, Fire Chief L. APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT NUMBER 92-0220 FIRE DEPARTMENT EMERGENCY PROGRAM STATE OF TEXAS § COUNTY OF TRAVIS § SECTION 1. PARTIES TO AND PURPOSE OF CONTRACT This contract, which include Exhibits A through D, is made and entered into by and between the Texas Commission on Fire Protection, an agency of the State of Texas, hereinafter referred to as "TCFP," and the Lubbock FD hereinafter referred to as "Contractor." The purpose of this contract is to provide a grant to the contractor as follows: Swede Survival System for $11,940. Items acquired will closely match the specifications described in the application submitted by contractor and contained herein as Exhibit A. November 12, 1992 Page 938 SECTION 2. AMOUNT AND METHOD OF DISBURSEMENT A. The total amount of the award pursuant to this contract shall not exceed $11,940. B. Contractor must complete any applicable bidding requirements in compliance with applicable law, and submit to the TCFP copies of bidding and other related documents as explained in Exhibits B and C. Only after receipt and approval of these documents by the TCFP prepare documentation necessary to issue a state treasury warrant to the contractor for the amount of the award made by contractor. C. Notwithstanding any other provision in this contract, it is expressly understood that TCFP's liability for disbursing funds under the terms of this contract is contingent upon there being adequate state funds available to TCFP. SECTION 3. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain records and supporting documentation for activity under this contract as follows: 1) a copy of the application submitted for assistance under this program (Exhibit A). 2) an original of this contract; 3) original bidding and related documents as explained in Exhibits B and C; 4) bank records which clearly identify all deposits and expenditures related to this contract; 5) original receipts for all items purchased or acquired; 6) originals of all purchase contracts; 7) all correspondence sent or received by contractor 8) a copy of the Project Completion Report (Exhibit D). B. Contractor acknowledges that the Auditor of the State of Texas, and TCFP, or any of their duly authorized representatives, have access to and the right to examine all books, accounts, records, files, and other papers, things or property belonging to or in use by contractor pertaining to this contract. Contractor agrees to maintain all such items for a minimum of two years after the expenditure of funds pursuant to this contract. C. Contractor shall include the substance of this Section 3 in any purchase contracts it may execute. SECTION 4. REPORTING REQUIREMENTS A. Contractor shall submit to TCFP any additional reports on the operation and performance of this contract as may be required by TCFP. B. Contractor shall submit to TCFP legible copies of receipts for all items purchased or acquired in whole or in part as a result of the financial assistance provided by this contract. C. Contractor shall submit a Project Completion Report to TCFP as shown in Exhibit D no later than thirty days after the contractor has received the items detailed in Section 1 of this contract. D. Contractor acknowledges that the TCFP will monitor this contract by on -site inspection or other appropriate means within one year of the distribution of funds to the Contractor. November 12, 1992 Page 939 SECTION 5. ASSURANCES Contractor assures the TCFP the following: A. Regular reporting through the Texas Fire Incident Reporting System (TEXFIRS) will be commended within one year from the date of distribution of funds pursuant to this contract. B. Contractor will fully participate in a certification program approved by the TCFP or STate Department of Insurance for a period of time of at least one year after the date of distribution of funds pursuant to this contract. C. Contractor will not sell, convey or otherwise encumber property purchased or acquired under the terms of this contract without prior written approval of TCFP. D. Contractor will comply with all applicable State, federal and local laws and ordinances. E. Contractor will provide its own liability insurance, and property insurance coverage on items purchased or acquired pursuant to this contract in amounts necessary to equal the amount of funds distributed under this contract. F. Contractor assures the TCFP that Contractor has the legal authority to execute this contract. SECTION 6. CONSEQUENCES OF DEFAULT OF OTHER VIOLATION OF TERMS A. In the event Contractor fails to comply with any term of this contract as determined by TCFP, TCFP may suspend and terminate this contract in whole or in part. Notwithstanding any other provision of this contract, it is explicitly understood that Contractor is directly liable for any expenditures which may be made by Contractor in violation of this contract and that TCFP may demand repayment by Contractor of a part, or all, such invalid expenditures. B. In the event of failure to comply with the provisions of this contract, venue for enforcement action will be Travis County except as otherwise allowed by law. November 12, 1992 Page 940 SECTION 7. CHANGES AND AMENDMENTS Any alterations, additions or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. ------------------------------------------------------------------------ CITY OF LUBBOCK: /s/ Maggie Treio DAVID R. LANGSTON, MAYOR Approved and accepted on behalf of the Lubbock FD: Ls/ Don Stevens 11 05 92 Signature of Fire Chief or Other Official Date Don Stevens Typed Name of Fire Chief or Other Official Approved and accepted on behalf of the TCFP: /s/ Michael E. Hines 10 16 92 Michael E. Hines, Executive Director Date Approved as to Form: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Exhibits are filed with Resolution No. 4018. The Funds Allocation Advisory Committee and the full Commission of the Texas Commission on Fire Protection met on October 14, 1992 and approved funding $11,940 as a one-half of a matching grant to the Lubbock Fire Department for the purchase of a Flashover Training Module. Arrangements are in place for the other half of the funds to be provided from the Lubbock Area Fire Conference fund. The acquisition of the Flashover Training Module will enable the Fire Department to train firefighters to recognize and appropriately deal with conditions which lead to life -threatening flashover conditions in structure fires. This training will also be made available to other area firefighters during the annual Lubbock Area Fire Conference. Acceptance of this opportunity for State funding is recommended as it will provide a valuable training tool which could not be funded in the regular budget process due to lack of funds. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4018 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. November 12, 1992 Page 941 92-51B-941-653 (32.) Commission. RESOLUTION #4019 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 Clean Cities 2000 Interlocal Contract by and between the City of Lubbock and the Texas Water Commission, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre,io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager of Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Clean Cities 2000 Interlocal Contract is filed with Resolution No. 4019. At the October 22, 1992 City Council Work Session, authorization was given to issue correspondence to the Texas Water Commission indicating interest in the Texas Water Commission Clean Cities 2000 Grant, and this correspondence was sent October 23, 1992. The Clean Cities 2000 Grant is for $400,000 and would be utilized to implement new and expand existing recycling programs in the City of Lubbock. The Clean Cities 2000 Grant does not require a local match. The TWC has since sent the City of Lubbock a copy of a Clean Cities 2000 Interlocal Contract between the TWC and the City of Lubbock which staff has reviewed. November 12, 1992 Page 942 The Contract directs the City of Lubbock to address, at a minimum, each of the following components of a comprehensive waste reduction and recycling program. 1. Source Reduction and Reuse; 2. Residential Recycling; 3. "Don't Bag It" Lawn Care Program; 4. Backyard Composting; 5. Centralized Community Composting or other beneficial use of yard waste, such as mulching or direct land application. 6. Public and Private Sector Workplace Recycling; 7. Used Oil Collection; and 8. Tire Clean-up The terms of the contract are as follow: 1. The City will maintain accurate records, and provide regular reports, 2. Lubbock would be willing to demonstrate program and program start-up procedures for other communities, 3. Lubbock would assign a recycling coordinator. 4. Lubbock's contribution would include all financial support for the recycling coordinator, program administration costs, and ongoing operation of the approved reduction/recycling components. 5. The period of the contract is two years. 6. Lubbock Solid Waste is required to submit a Program Design. TWC will respond within 15 working days. The deadline for receiving design approval is May 1, 1993. The proposal will need to include description of the program, schedule, costs for capital equipment, markets for recyclables, description of public -education effort, policies to be adopted, training, plans to continue operation and funding, and description of work services. 7. Lubbock's Recordkeeping and Reporting requirements include time records, financial records, equipment records and quarterly status reports. An annual report is due within 30 days after the end of each contract year. November 12, 1992 Page 943 8. Upon final execution of this contract, Lubbock Solid Waste may request an advance of funds for the annual salary and fringe benefits of the recycling coordinator or an advance for large -expense items detailed in the program design. Staff recommended that Council authorize a Clean Cities 2000 Interlocal Contract between the City of Lubbock and the Texas Water Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4019 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 92-51B-943-654 (33.) Consider Resolution #4020 authorizing the Mayor to execute an agreement with the National Center for Municipal Development, Inc. for Federal Representation Services. RESOLUTION #4020 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 by and between the City of Lubbock and the National Center for Municipal Development, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of November, 1992. /s/ Maggie Tre,io DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Assistant to City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney November 12, 1992 Page 944 AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock, ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington representation; and WHEREAS, this need is particularly pressing in relation to: 1. information about legislative and executive action on issues of common interest, 2. transmitting City positions on these issues to the Congressional delegation and to the Administration, and 3. obtaining individual City service to pursue defined projects or individual legislative priorities, and WHEREAS, the National Center for Municipal Development is known to the Cities and is capable of and willing to undertake such representation in Washington; NOW, THEREFORE, the City of Lubbock, in association with and recognizing the concurrent participation of the Cities of Austin, Dallas, Houston, and Plano (collectively, the "Cities"), enters into this agreement with the National Center for Municipal Development ("NCMD.") OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. A. NCMD will operate a unit to act as a Washington office for the Cities and will assign Barbara T. McCall as head of this unit and as Washington Assistant to the Cities. Dicken Cherry will also be assigned as Washington Assistant to the Cities. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial• services, common -use office supplies and services, and general administrative support. B. The Washington Assistants will consult with the "Committee" (see Section IIE) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued. In cases in which the City positions differ from or conflict with the Cities' group position, the Washington Assistants will consult with the City and the Committee to determine the proper course of action. C. Information. 1. The Washington Assistants will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a) "Washington Report," a regular publication of NCMD, b) written reports, bulletins, and memoranda on developments in Texas -specific issues, and c) direct phone contact. 2. The Washington Assistants will present federal affairs briefings for the Cities at times and places specified by the Committee. November 12, 1992 Page 945 D. Congressional Relations. The Washington Assistants will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives. E. Administrative Relations. The Washington Assistants will advise and consult on behalf of the City with the White House and the following federal agencies or departments: Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments and commissions as may be necessary to the performance of Washington service to the City. F. Individual City Services. 1. The Washington Assistants will initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. They will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $90.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, McCall will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefor, and her recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one (1) year, commencing October 1, 1992 and ending September 30, 1993. B. Service Costs. elements: The service cost of this Contract is composed of three a) A retainer of $14,288.00 per year. b) Thirty-six assured -usage of hours of service at $90.00 per hour, totalling $3,240.00. c) Optional use hours of service at the rate of $90.00 per hour. C. Reimbursable Costs --Not to Exceed $5,000.00. 1. Costs incident to travel outside Washington, D.C. for long-distance telephone calls, and for expedited communication services shall be reimbursed to NCMD upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel authorized by the Committee, the City agrees to pay its pro-rata share of the costs. November 12, 1992 Page 946 2. Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the Committee, be reimbursed to NCMD upon presentation of its invoice: a) Subscription and dues. b) Printing and graphics. c) Supplies. d) Provision of local ground transportation in Washington. e) Rental of meeting facilities and other meeting expenses. 3. If an expenditure under this section is authorized by the Committee, the City agrees to pay its pro-rata share. D. Contract costs are payable as follows: 1. The retainer and assured hourly costs of $17,528.00 are payable, quarterly, in advance in these amounts: October 1, 1992 $4,382.00 January 1, 1993 $4,382.00 April 1, 1993 $4,382.00 July 1, 1993 $4,382.00 2. The optional hourly costs above the first thirty-six hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Sec. II, B. 2) E. The Committee. 1. The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a) To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b) To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. c) To monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed. d) To authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. F. General. 1. The City will inform the Washington Assistants of the person(s) authorized to request services and to serve as the chief contact. 2. The City will supply the Washington Assistants with a summary of the federal programs in which the City is participating and other information necessary to an understanding of the City's purposes in relation to the federal government. November 12, 1992 Page 947 THE CITY AND THE CENTER AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD will not: 1. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 2. Will not represent the interests of local constituents in pursuit of federal business. 3. By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City. 4. Perform any legal, engineering, accounting, or other similar professional services. 5. Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U.S. Conference of Mayors. 6. Expend more than $2,500 provided by this contract in efforts to influence HUD directly, as specified in Sec. 7(d) and 13(g) of the Department of Housing and Urban Development Act 42 USC 3535(d) and 3537b(g) and 24 CFR Sec. 86.1. IV. THE CITY AND NCMD AGREE A. Any change of the persons assigned as Washington Assistants must be approved by the City Manager. B. Either party may terminate this agreement at any time by giving the other at least ninety (90) days written notice. This agreement shall take effect on October 1, 1992. November 12, 1992 Page 948 DULY PASSED AND APPROVED THIS THE 12TH DAY OF NOVEMBER, 1992. ATTEST: /s/ Sally Still Abbe Sally Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Assistant to City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FOR THE CITY OF LUBBOCK, TEXAS /s/ Maggie Trelo DAVID R. LANGSTON, MAYOR FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC PRESIDENT In 1986, the City Council approved a contract between the City of Lubbock and the National Center for Municipal Development (NCMD). The cities of Lubbock, Plano, Houston, Dallas, and Fort Worth agreed to enter into a joint contract for federal representation services. Under the terms of the contract, the cities received notifications on the various items of interest from Washington and are also able to secure specific services for individual city projects. According to staff memo, cities participating in the 1992 contract include Lubbock, Plano, Houston, Dallas and Austin. Proposed contract costs for the forthcoming year are composed of 3 elements: 1. Retainer - $14,288 2. 36 Assured usage hours of service - $3,240 3. Reimbursables not to exceed $5,000 In addition, the city is able to secure additional hours of service at a rate of $90 per hour. The NCMD has been of significant value to the City with regard to discussions with various federal agencies. During the recent year, for example, City staff was assisted in discussions with the EPA regarding landfill legislation and the permitting process, and with HUD regarding the HOPE and HOME programs. November 12, 1992 Page 949 On May 17, 1991, HUD published the final rule on the requirements governing the lobbying of HUD personnel. In order to meet the intent of those regulations, a clause is included in Section III of this contract stating that not more than $2,500 may be expended for purposes of influencing specific decisions of HUD. This will not interfere with the City and NCMD's customary mode of operation. Staff recommended approval of this contract. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4020 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. At 10:30 a.m., the City Council went into Executive Session. 92-51B-949-655 (34.) 92-51B-949-656 (35.) 92-51B-949-657 (36.) Hold an Executive Session, in accordance with Article 6252-17, Section 2(f), to discuss land acquisition --Water Utilities. Safety, Codes Administration, Planning, Police, Finance, Personnel, LP&L, Right -Of -Way, and Community Development. Hold an Executive Session, in accordance with Article 6252-17, Section 2(g), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Neighborhood Redevelopment Commission Southeast Lubbock Development Corporation Plumbing Board Lubbock Libraries Board Landfill Siting Advisory Task Force Lubbock Health Facilities Development Corporation Stormwater Advisory Committee The City Council reconvened in regular session at 12:04 p.m. Mayor Pro Tem Trejo announced that agenda items # 37, 38, 39, 40, 41 and 43 regarding board appointments will be held until the November 19, 1992 Regular City Council Meeting. November 12, 1992 Page 950 92-51B-950-658 (42.) 92-51B-950-659 (44.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to appoint Melanie Barnes and Lloyd Urban to the Landfill Siting Advisory Task Force. Motion carried: 5 Yeas; 0 Nays--Councilmember Aderton absent from the Council Chambers. Consider one appointment to the Stormwater Advisory Committee to replace Quincy White, who has resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke not to fill the vacant position on the Stormwater Advisory Committee. Motion carried: 5 Yeas; 0 Nays-- Councilmember Aderton absent from the Council Chambers. Councilmember Cooke asked that the record reflect that Mayor Pro Tem Maggie Trejo had done an excellent job of presiding over the Council meeting. There being no further business to come before Council, motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to adjourn the meeting at 12:06 p.m. Motion carried: 5 Yeas; 0 Nays-- Councilmember Aderton absent from the Council Chambers. 14AGGINZWO, MAYO PRO-T for DAVID R. LANGSTON, MAYOR ATTEST: Sally Sti4l Abbe Acting City Secretary Read and approved this 19th day of November, 1992. AGGIE T 0 MAYOR 40- for DAVID R. LANGSTON, MAYOR ATTEST: Sally Still Abbe Acting City Secretary