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