HomeMy WebLinkAboutMinutes - City Council - Regular - 11/19/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 19, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 19th 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 David Langston, 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 Pro Tem Maggie Trejo.
Mayor Langston called the meeting to order at 10:20 A.M. and 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 and personnel matters regarding board appointments. He also
noted that Mayor Pro Tem Maggie Trejo was in Austin receiving a grant
for the City from the Texas Water Commission.
( 1.) The Invocation was given by Mark Hindman, Director
of Budget and Research.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
Mayor Langston presented an appointment certificate
to Dr. Lloyd Urban, member of the Landfill Siting
Advisory Task Force.
( 4.) Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve the minutes of the
November 12, 1992 Regular City Council Meeting as
written. Motion carried: 6 Yeas; 0 Nays.
92-51B-953-660
( 5.) Consider Resolution #4021 accepting paving
improvements constructed by Craft Contracting, Inc.,
in Crown Pointe Addition, Lots 1-9.
RESOLUTION #4021
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Crown Pointe Addition, Lots 1-9
and Tracts A-G, made arrangements with Craft Contracting, Inc., for the
construction of paving improvements on certain streets dedicated in said
subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of the above -mentioned addition
including the following streets:
Peoria Avenue from its intersection with the South lip line of
84th Street to its intersection with the North lip line of 85th
Street, known and designated as New Subdivision Sub -Unit Number 08
of Unit Number 2035.
November 19, 1992
Page 954
Alley returns for Garbage Service Easements access in 84th Street
and 85th Street east of Peoria Avenue, known and designated as New
Subdivision Sub -Unit Number 09 of Unit Number 2035; and
WHEREAS, the construction of the above improvements on the
above -mentioned streets 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 City
specifications and in accordance with the provisions of City Ordinance
1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. 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 required at the
time of platting this new subdivision. These
improvements consist of street and alley paving and
curb and gutter on:
Peoria Avenue from 84th Street to 85th
Street.
Alley returns for garbage collection
easements in 84th Street and 85th Street
east of Peoria Avenue.
There is no City cost due the contractor upon this
acceptance. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize Resolution #4021
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
November 19, 1992
Page 955
92-51B-955-661
( 6.) BID #12235--Annual pricing for lubricants (Auto
Parts -Warehouse).
Western Marketing, Inc.--70 dr. Antiwear ISO46
hydraulic oil in 55 gallon drums; 20 ea. wheel
bearing grease in 1 lb. container; 96 qt. 1OW
non -detergent motor oil; 1440 lb. 85W 140 multigrade
gear lubricant in 120 lb. drum; 2400 lb. chassis
lube in 120 lb drum; 220 qt. 85 140W gear oil; 420
ea. 2-cycle oil in 8 oz. cans; 2200 qt. ATF Dexron
II in 55 gl. drums.
Industrial Lubricants Co.--96 qt. 2-cycle SAE40
motor oil; 48 qt. 40W HD motor oil; 240 gl.
Universal tractor hydraulic oil in 5 gallon
containers; 96 qt. 20-20 SAE motor oil; 72 qt. 30W
non -detergent motor oil; 10,000 qt. ATF Dexron
Mercon II; 48 qt. ATF Type F; 2640 qt. 30W HD motor
oil in 55 gl. drum; 1320 qt. tractor hydraulic oil
55 gl. drum.
Texaco Lubricants--2000 ea. all purpose tube grease,
14 oz.; 480 qt. 30W HD motor oil; 4800 qt.
multigrade 15W-40HD motor oil; 44000 qt. 15-40W HD
motor oil in 55 gl. drum.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51B-955-662
( 7.) BID #12256--Professional and General Liability
Insurance for Airport (Lubbock International
Airport).
Broussard, Bush & Hurst of Texas --Professional
public officials & employees liability insurance $5
million limit, $7,500 deductible annual premium.
Sanford Insurance Agency --General liability
insurance $50 million limit, $1000 deductible annual
premium.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51B-955-663
( 8.) BID #12283--Annual pricing for concrete (Streets).
Cement & Supply Co.--200 lf. 1/2"X3" expansion joint
material; 200 lf. 1/2"X3-1/2" expansion joint
material; 200 lf. 1/2"X4" expansion joint material;
250 lf. 1/2"X6" expansion joint material; 200 ea.
30" curb & gutter expansion joint material; 600 cy.
Class A 5-1/2" sack concrete; 800 cy. Class A High
Early Strength concrete; 100 cy. Class A Calcium
Chloride concrete; 1200 cy. Class C 4-1/2" sack
concrete; 100 cy. Class C High Early Strength; 200
cy. Class C Calcium Chloride concrete; 200 cy. Class
A 6 sack concrete; 200 cy. Class A High Early
Strength concrete; 100 cy. Class A Calcium Chloride
concrete; 300 cy. Class B 5 sack concrete; 300 cy.
Class B High Early Strength concrete; 300 cy. Class
B Calcium Chloride concrete; 600 cy. 3500 PSI 5-1/2
sack concrete; 500 cy. Ground stabilizer, caliche
w/3 sack cement.
November 19, 1992
Page 956
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51B-956-664
( 9.) BID #12221--Annual bid for distribution transformers
(Electric Distribution).
Bids are awarded according to price and availability
of items.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51B-956-665
(10.) Consider Resolution #4022 authorizing the Mayor to
execute a Pipeline and Valve Station Site Land Use
Permit Agreement with Amoco Pipeline Company (Lake
Alan Henry).
RESOLUTION #4022
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
Pipeline and Valve Station Land Use Permit with Amoco Pipeline Company,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
November 19, 1992
Page 957
PIPELINE AND VALVE STATION LAND USE PERMIT
THE STATE OF TEXAS §
COUNTY OF GARZA §
THIS AGREEMENT entered into as of the 19th day of November, 1992,
by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality,
herein called "CITY," acting through its Mayor hereunto duly authorized,
and AMOCO PIPELINE COMPANY, acting by and through its undersigned
officer hereunto duly authorized, herein called "PERMITTEE."
KNOW ALL MEN BY THESE PRESENTS:
THAT in consideration of ONE AND NO/100 DOLLARS ($1.00) and other
good and valuable consideration and the mutual agreements to be kept and
performed by the undersigned parties, the CITY does hereby grant unto
PERMITTEE a permit to lay, construct, repair, maintain, and use an
underground pipeline for transportation of oil and/or gas or
hydrocarbons in, upon, over, under, along, and across the following
described tract of land owned and controlled by the CITY, to -wit:
BEING a 50 foot wide right-of-way, 25 feet on either side of
the following described center -line in Section 116, Block 5,
H.& G.N. RR. Co. Survey, Garza County, Texas, and being more
particularly described as follows:
BEGINNING at a point in the North line of Section 116, Block
5, H.& G.N. RR. Co. Survey, Garza County, Texas, from which
point the Northeast corner of said Section 116 bears S.
88021'16" E. a distance of 732.28 feet and being Station
12+41.28 on center -line;
THENCE S. 59021'02" W. along said center -line for a distance
of 128.34 feet to Station 13+70.02 on center -line and being
a point of deflection;
THENCE S. 82035'08" W. along said center -line for a distance
of 1225.41 feet to Station 25+95.43 on center -line and being
a point of deflection;
THENCE S. 72050'27" W. along said center -line for a distance
of 80.12 feet to Station 26+75.55 on center -line and being a
point of deflection;
THENCE S. 66051'39" W. along said center -line for a distance
of 375.78 feet to an Equation Station 28+92.78 ahead =
30+51.33 back on center -line and being a point of
deflection;
THENCE S. 29013'35" W. along said center -line for a distance
of 81.55 feet to Station 29+74.33 on center -line and being a
point of deflection;
THENCE S. 76037'20" W. along said center -line for a distance
of 211.45 feet to Station 31+85.78 on center -line and being
a point of deflection;
THENCE S. 61007'34" W. along said center -line for a distance
of 255.45 feet to Station 34+41.23 on center -line and being
a point of deflection;
THENCE S. 32°15'59" W. along said center -line for a distance
of 333.07 feet to Station 37+74.3 on center -line and being
the end of this line, from which point the Northwest corner
of Section 116 bears N. 01°35'03" E. a distance of 985.08
feet and N. 08021'16" W. a distance of 2192.12 feet;
November 19, 1992
Page 958
And unto said PERMITTEE for the further purpose of constructing,
repairing, maintaining and using a valve station and facilities related
thereto (in connection with said pipeline) in, upon, over, under, along,
and across the following described tract of land owned and controlled by
the City, to -wit:
BEING a 0.21 acre tract of land in Section 116, Block 5, H.&
G.N. RR. Co. Survey, Garza County, Texas, and being more
particularly described as follows:
BEGINNING at an iron rod set for the Northeast corner of
this tract and being in said Section 116, from which point
the Northeast corner of said Section bears N. 01*35103" E. a
distance of 234.05 feet and S. 88°21'16" E. a distance of
1974.03 feet;
THENCE S. 08010'02" E. a distance of 90.00 feet to an iron
rod set for the Southeast corner of this tract;
THENCE S. 81049'58" W. a distance of 100.00 feet to an iron
rod set for the Southwest corner of this tract;
THENCE N. 08010'02" W. a distance of 90.00 feet to an iron
rod set for the Northwest corner of this tract;
THENCE N. 81049'58" E. a distance of 100.00 feet to the
PLACE OF BEGINNING.
II.
PERMITTEE after construction shall at its cost, restore the
surface to its original condition. PERMITTEE at its own cost and
subject to the supervision and control of CITY shall locate, construct,
and maintain said pipeline and valve station and related facilities in
such a manner that it will not at any time be a source of danger to or
interference with access to or operation of the property hereinabove
described and the surrounding and adjacent property of the City as
regards any lawful municipal use.
PERMITTEE agrees that at all times it will indemnify and save
harmless CITY against all claims, demands, actions, or causes of action,
arising or growing out of any damage to property or injury to or death
of persons which may be due in any manner to the construction, use,
maintenance, state or repair or presence of the said pipeline and valve
station and related facilities and to pay the CITY the full amount of
any loss or damage which it may sustain, incur or become liable for on
account thereof.
THIS PERMIT is granted by CITY and accepted by PERMITTEE upon the
express condition that the same is, and at all times shall be revocable
at the will of CITY; and whenever requested so to do by CITY, PERMITTEE
agrees at PERMITTEE'S expense to remove said pipeline and valve station
and related facilities from the property of CITY and restore said
property to the same condition in which it was prior to the placing of
said pipeline and valve station and related facilities thereon. In case
PERMITTEE shall fail to restore CITY'S premises as aforesaid within
ninety (90) days, CITY may proceed with such work at the expense of
PERMITTEE. No termination hereof shall release PERMITTEE from any
liability or obligation hereunder, whether of indemnity or otherwise,
resulting from any acts, omissions, or events happening prior to the
date of termination or such later date when the pipeline and valve
station and related facilities may be removed and said premises restored
as hereinabove provided.
November 19, 1992
Page 959
IV.
THIS AGREEMENT shall be binding upon and inure to the benefit of
the parties and their respective legal representatives, successors and
assigns, but no assignment hereof by PERMITTEE shall be binding upon
CITY without the written consent of CITY in each instance.
V.
THE TERM of this grant shall be from year to year (without
renewal) not to exceed twenty (20) years unless sooner revoked at the
will of CITY as provided in Sections IV and VII hereof.
VI.
ANY Notice, Request, Instructions or Revocation of this license to
be given by CITY to PERMITTEE hereunder shall be deemed to be properly
served if delivered to PERMITTEE or if deposited in the post office,
post-paid addressed to PERMITTEE at P. 0. Box 92282, Chicago, Illinois
60675, or the last known address of PERMITTEE.
VII.
PERMITTEE by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein and
PERMITTEE waives any and all claims in and to the property it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this Permit.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument, in duplicate, the day and year first above written.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ACCEPTED:
AMOCO PIPELINE COMPANY
BY:
ITS:
(Title or Position)
November 19, 1992
Page 960
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County and State, on this day personally appeared DAVID R.
LANGSTON, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of November,
1992.
/s/ Beatriz M. Rodriguez
Notary Public in and for
the State of Texas
THE STATE OF §
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for
said County and State, on this day personally appeared
, the (title or
position) of said AMOCO PIPELINE COMPANY, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to
me that he/she executed the same as the act and deed of the said
Corporation, for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1992.
Notary Public in and for
the State of
Jim Bertram, Assistant City Manager for Development
Services, presented the staff comments concerning
the Pipeline and Valve Station Site Land Use Permit
Agreement. According to Staff memo, this permit
will allow Amoco Pipeline to relocate a pipeline and
valve switch station from its existing location,
which will be covered by Lake Alan Henry, to a new
location on City property in Section 116, Block 5,
Garza County, Texas. The Brazos River Authority is
handling the oil well, facilities and pipeline
mitigation work for the City. This permit is for 20
years, and there will be no charge to Amoco for the
permit since the lake construction has necessitated
the change.
Approximate length of this pipeline is 2,691 feet
and the right-of-way width is 50 feet. The valve
switch station covers approximately 0.21 acres and
will consist of a gate and valve facility for
pipeline shut-off and routing.
The Right -Of -Way Department recommended approval of
this permit since Amoco's relocation was required by
the Brazos River Authority as part of the project
construction.
November 19, 1992
Page 961
92-51B-961-666
(11.)
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Aderton to authorize
Resolution #4022 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
RESOLUTION #4023
WHEREAS, the City Council of the City of Lubbock finds that the
fee simple title to land hereinafter described is needed for municipal
and public purposes, to -wit: as a Dechlorination Building Site for the
sewage system of the City of Lubbock including sewage collection,
treatment, disposal, and emptying facilities; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Right -of -Way Department of the City of
Lubbock is hereby authorized and directed to make an offer on behalf of
the City of Lubbock in the amount of $500.00 to Robert H. Davis, as
owner, for the purchase by the City of fee simple title to a tract of
land to be used for municipal and public purposes as set forth in the
preamble hereof and described as follows:
BEGINNING at a 1/2" iron rod, set in the North line of a
paved county road, for the Southeast and beginning corner of
this tract, whence a 12" spike, set at the Southwest corner
of a 72 acre tract, as recorded in Volume 1011, Page 517,
Deed Records of Lubbock County, Texas, bears South 00040'00"
East, 30.0 feet and South 89°11'00" West, 125.0 feet, and
whence a 1/2" iron pipe, found at the Northeast corner of
Section 63, Block S, B & B Survey, Lubbock County, Texas,
bears North 89011'00" East, 1918.77 feet and North 00040'00"
West, 3163.45 feet;
THENCE South 89011'00" West, along the North line of said
paved county road, 80.0 feet to a 1/2" iron road, set for
the Southwest corner of this tract;
THENCE North 00040'00" West, 80.0 feet to a 1/2" iron rod,
set for the Northwest corner of this tract;
THENCE North 89011'00" East, 80.0 feet to a 1/2" iron rod,
set for the Northeast corner of this tract;
THENCE South 00040'00" East, 80.0 feet to the POINT OF
BEGINNING.
November 19, 1992
Page 962
SECTION 2. THAT if said offer is not accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee
simple title to said land as hereinabove described for said public and
municipal purposes.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Jim Bertram, Assistant City Manager for Development
Services, presented the staff comments concerning
potential purchase of a tract of land in southeast
Lubbock County. According to staff memo, this 80'
by 80' tract of land is located northwest of Slaton
along the north side of County Road 73 and is being
purchased for a dechlorination building site. This
site will serve the emergency effluent water
pipeline to be constructed southward from the
treatment plant to empty into the Brazos River along
FM 400 north of Slaton. This building will take the
chlorine out of the water before it enters the river
so wildlife and livestock will not be affected by
it.
The owner of this tract of land, Robert Hall Davis
of Slaton, has agreed to sell the land for $500.
Staff negotiated with several additional landowners
but were turned down by three.
Staff recommended purchase of this tract of land for
$500.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4023
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
November 19, 1992
Page 963
92-51B-963-667
(12.)
RESOLUTION #4024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and the United States
Department of Transportation, Federal Aviation Administration for
facilities sector district office for the leasing of office space, which
Agreement is attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony J. Williams
Anthony J. Williams, Assistant City
Attorney
A copy of the Lease Agreement is filed with Resolution No. 4024.
Jim Bertram, Assistant City Manager for Development
Services, presented the staff comments concerning a
lease agreement with the Federal Aviation
Administration for office space at the airport. He
noted that this agreement was a routine lease
renewal at an increased rate.
According to staff memo, the Federal Aviation
Administration (FAA) requested renewal of their
lease at the Lubbock International Airport which
provides space for the Flight Standards District
Office (FSDO). This lease is for five years and is
comprised of one year increments which are
automatically renewed up to five years. The rate
for this space (approximately 4,745 square feet) is
$44,605 per year, an increase of $5,425 per year
over the previous lease.
The Flight Standards District Office is located in
the Old Terminal Building. The FSDO Office of the
FAA provides services to the district such as pilot
certification, aircraft certification and the
issuance of official notices to airmen. This branch
of the FAA has been a tenant of the airport for many
years.
November 19, 1992
Page 964
92-51B-964-668
(13.)
The Airport Board unanimously recommended approval
to the City Council at the October 28, 1992 Airport
Board meeting. Staff also recommended approval.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Ince to authorize
Resolution #4024 as recommended by Staff and the
Airport Board. Motion carried: 6 Yeas; 0 Nays.
International Airport.
RESOLUTION #4025
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and Steeple Amusements,
Inc. d/b/a Miller Manufacturing for the purpose of manufacturing
amusement products, which Agreement is attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony J. Williams
Anthony J. Williams, Assistant
City Attorney
A copy of the Lease Agreement with Steeple Amusements, Inc., d/b/a
Miller Manufacturing is filed with Resolution No. 4025.
November 19, 1992
Page 965
92-51B-965-669
(14.)
Jim Bertram, Assistant City Manager for Development
Services, presented the staff comments concerning a
lease agreement with Steeple Amusements, Inc. for
space at the airport. According to staff memo,
Steeple Amusements, Inc., dba Miller Manufacturing,
is a corporation that has taken over the
manufacturing operation formerly operating under the
name of KMMS, which manufactures amusement park
rides. The principal of Miller Manufacturing, Jim
Miller, was the operating partner of KMMS. When
KMMS elected to liquidate its assets, Mr. Miller
purchased some of the equipment and wishes to
continue to operate under the name of Miller
Manufacturing. Miller Manufacturing, therefore, is
requesting a new lease for a period of five years at
the rate of $1,500 per month.
The Airport Board unanimously recommended this
agreement to the City Council for approval at the
September 16, 1992 Airport Board meeting. Staff
also recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4025 as recommended by Staff and the Airport Board.
Motion carried: 6 Yeas; 0 Nays.
RESOLUTION #4026
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
Professional Services Agreement by and between the City of Lubbock and
the Texas Tech University Health Sciences Center, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
November 19, 1992
Page 966
THE STATE OF TEXAS §
PROFESSIONAL SERVICES AGREEMENT
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, a home rule municipal
corporation, has created and operates a local health department in
accordance with Section 121.031 of the Texas Health and Safety Code; and
WHEREAS, the City of Lubbock has appointed a non -physician
director of the local health department in accordance with Section
121.033 of the Texas Health and Safety Code; and
WHEREAS, subject to approval of the Lubbock City Council, said
director may appoint a physician to serve as the health authority for
the local jurisdiction; and
WHEREAS, the Texas Tech University Health Sciences Center has
available qualified physicians to perform such services on behalf of the
local health department; and
WHEREAS, it is the desire of the Lubbock City Council and the
Health Sciences Center to cooperate in providing such services to the
citizens of the local jurisdiction; NOW THEREFORE:
WITHESSETH:
THAT the City of Lubbock, hereinafter called "City," and the Texas
Tech University Health Sciences Center, hereinafter called "University,"
do hereby agree upon the following terms and conditions for and in
consideration of the mutual covenants hereinafter expressed.
ARTICLE I
SERVICES TO BE PROVIDED
1. The University hereby agrees to provide the City Health
Department with a University staff physician upon the request of the
department's director to serve as health authority to the local
jurisdiction. It is desirable that the primary physician be a
specialist in preventive medicine if such specialist is available and
mutually agreeable to the City and the University. An alternative area
of specialization would be family medicine. Such appointment shall be
subject to approval of the City Council of the City of Lubbock. Such
physician shall meet the qualifications of Section 121.022 of the Texas
Health and Safety Code and shall perform the following specific duties
under the administrative supervision of the department director:
1. Sign for biologicals used in the normal operation of
the clinics.
2. Sign prescriptions for rabies prophylaxis for animal
control employees and other vaccines used to prevent
illnesses in employees.
3. Meet with the Pharmacy and Therapeutics Committee,
which meets annually for the purpose of developing
policies, procedures, and formulary for the Health
Department Pharmacy.
4. Once a year review Nurse Practitioner and Clinic
Protocols.
5. Once a year review all Standing Orders for clinic
operations.
6. As appropriate, sign patient records for patients
receiving treatment in Health Department Clinics.
7. As necessary, sign Medicaid applications.
November 19, 1992
Page 967
8. Consult with staff, as necessary, about patient
treatment, community disease outbreaks, or on matters
related to health laws, ordinances, rules and/or
regulations.
9. Perform each duty that is necessary to implement and
enforce any law to protect the public health and each
duty prescribed by the Texas Board of Health
including, but not limited to the following:
a) establishing, maintaining, and enforcing
quarantine;
b) assisting and aiding the Texas Board of Health
in all matters of local quarantine, inspection,
disease prevention and suppression, birth and
death statistics, and general sanitation;
c) reporting to the Texas Board of Health in such
manner and form and at such times as it shall
prescribe, the presence of contagious
infections, and dangerous epidemic diseases;
d) aiding the Texas Board of Health at all times in
the enforcement of proper rules, regulations,
requirements and ordinances and in the
enforcement of all sanitation laws, quarantine
regulations and vital statistic collections;
e) reporting to the Texas Board of Health on all
matters as may be proper for the board to
direct.
In addition, said physician shall perform such other duties as are
required by law, ordinance or the requirements of this contract, and
shall follow the administrative direction of the department director.
2. The physician so appointed shall serve for a term of two (2)
years and may be appointed for successive terms. However, the director
may require the University to replace such physician at any time. Such
replacement shall be subject to the approval of the governing body.
Also, the University shall be required to have available a physician
meeting the requirements of a health authority as set out in the Health
and Safety Code, Section 121.022 to serve if the designated physician
shall be absent or incapacitated.
3. The physician shall not be an employee of the City and shall
have no power to bind the City in any legal contract or in any other way
without prior written consent of the City.
4. In the event of a medical emergency requiring City Health
Department action, the physician shall give first priority to his duties
as health authority for the local jurisdiction.
5. In the event of any disagreement pertaining to executive and
medical duties, the physician may request such dispute be resolved by a
joint meeting of the director, the health authority, and the City
Manager or his designated representative. In the event the physician is
overruled in such joint meeting, or in the event time does not allow
such a meeting and the physician is overruled, the physician shall be
held harmless by the City for any claim of any nature whatsoever arising
from the action of the City in overruling the physician.
November 19, 1992
Page 968
ARTICLE II
CONTRACT AMOUNT
The City will pay to the University for administrative services
$15,000.00 for each year of this contract. Upon receipt
of a monthly billing statement, the City will pay the Texas Tech
University Health Sciences Center $85.00 per hour of physician
services performed at the request of the Health Director.
ARTICLE III
PROFESSIONAL LIABILITY INSURANCE
Any physician performing services under this agreement shall
maintain professional liability coverage as provided under the Texas
Tech University Health Sciences Center - Medical Malpractice Self -
Insurance Plan.
ARTICLE IV
TERM OF CONTRACT
This agreement shall commence on the 2nd day of December, 1992,
and shall continue in effect for two year, unless it shall be continued
thereafter in successive two year terms, by mutual consent of the
parties in writing. Termination of this agreement may be had by either
party giving the other party ninety (90) days written notice of
termination.
EXECUTED this 2nd day of December, 1992, at Lubbock, Lubbock
County, Texas.
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER:
/s/ Elmo M. Cavin
ELMO M. CAVIN,
Vice President of Finance
/s/ Daryl M. Williams
DARYL M. WILLIAMS, M.D.
Dean, School of Medicine
ATTEST:
retary
APPROVED AS TO FORM:
/s/ B. J. Hemmeline
B. J. HEMMELINE,
Associate General Counsel
CITY OF LUBBOCK:
/s/ David R. Langston
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
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
DONALD G. VANDIVER, First
Assistant City Attorney
Rita Harmon, Assistant City Manger for Public Safety
and Services, presented the staff comments
concerning an agreement between Texas Tech Health
Sciences Center and the City. She told the Council
that the new contract more clearly defines the
duties of the physician assigned to the Health
Department, clarifies channels of reporting and
communication and changes the method of payment for
physician services.
November 19, 1992
Page 969
According to staff memo, for the past several
months, Staff has worked with Dr. Bernhard
Mittemeyer, Executive Vice President of TTUHSC, and
Dr. Daryl Williams, Dean of the Medical School, in
negotiating an amendment to the agreement for
medical services.
In January, 1983, the City of Lubbock entered into
an agreement with Texas Tech University Health
Sciences Center for medical services on behalf of
the Health Department. At that time, state law
required that the Public Health Director for the
Health Department be a medical doctor. As a result,
the City employed a physician as Public Health
Director who was retained to perform certain tasks
required by state law (i.e., approving purchases of
medicine, permits, protocol for the clinics, etc.).
Additionally, a City employee served as Public
Health Administrator and was responsible for
planning, organizing, directing and monitoring the
operational activities of the department.
Since the original contract, the state law requiring
that a physician be Public Health Director has
changed. Effective September 1989, cities can
appoint a non -physician as Public Health Director
and retain a physician to serve in a limited
capacity as a medical or health advisor.
The original contract with TTUHSC specified a fixed
amount. In FY 1983-84, the City paid Texas Tech
$30,276 per year. In FY 1991-92, that fee increased
to $71,159 as a result of a 1985 letter of agreement
to change the reimbursement to 49% of all salary and
benefits paid. In addition, the Public Health
Director received $75 for each clinic worked,
amounting to an additional $3,900 per year.
Staff recommended approval for modification of this
agreement with TTUHSC to redefine the duties and
responsibilities of the medical services provided by
Tech. By having the medical authority report
directly to and operate under the direction of the
Public Health Administrator, Staff can reduce costs
and ultimately clean up some internal organizational
structures.
The key provisions of the contract are:
1. TTUHSC will assign a physician that
is mutually agreeable to the City of
Lubbock Health Department. The
physician will be approved by the
City Council and perform under the
administrative supervision of the
Health Department director.
2. The physician will function as the
health authority according to state
law (i.e. approving purchases of
medicine, permits, standing orders
for clinics, establishing
quarantines, consulting on community
disease outbreaks, etc.)
3. The physician will be appointed for
2 years, and can be reappointed for
successive terms. The physician can
be replaced at the request of the
City.
November 19, 1992
Page 970
4. The City will pay the TTUHSC $15,000
for administrative fees plus $85.00
per hour for physician services
performed at the request of the
Health Director. Staff anticipated
that services will average 8-10
hours per week at a cost of
$35-42,000 per year.
5. The physician shall maintain
professional liability coverage as
provided by TTUHSC.
Staff recommended approval of this agreement.
Councilmember Neugebauer asked who would be the
physician under this agreement. Ms. Harmon replied
that under the new contract, the physician will be
someone agreeable to the City of Lubbock and
approved by the City Council.
Councilmember Aderton asked if there have been any
complaints from the Lubbock medical community
concerning the proposed agreement. Ms. Harmon
replied that the City had received some letters
concerning the agreement, but no serious opposition.
Councilmember Ince asked what the net financial
result of this contract would be. Ms. Harmon stated
that the agreement was expected to reduce the annual
cost from $15,000 to $20,000 per year, and that
reduction could be as high as $30,000.
Mayor Langston stated that he had received calls
voicing concern that an M.D. will not be Public
Health Director. Ms. Harmon stressed that the
city's negotiations and agreement have been through
the Texas Tech Health Sciences Center and that
members of the general medical community may have
expressed an opinion on this issue. Councilmember
Neugebauer noted that the city will be in compliance
with state law under this arrangement. Ms. Harmon
stated that all involved feel that this contract
will meet the needs of the City of Lubbock and the
Texas Tech University Health Sciences Center.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to authorize
Resolution #4026 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
November 19, 1992
Page 971
92-51B-971-670
(15.)
Base. United States Government, pertaining to water
rates to be paid by Reese Air Force Base for water
service.
RESOLUTION #4027
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 Water
Service Agreement by and between Lubbock Power & Light and Reese Air
Force Base, 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 19th day of November, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant City
Manager of Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Water Service Agreement is filed with Resolution No. 4027.
Rick Smith, Utility Office Manger for Lubbock Power
and Light, told the Council that this contract is a
routine item to bring the rates charged to Reese Air
Force Base into line with current city rates.
According to staff memo, the contract water rate to
Reese Air Force Base through September 1992, has
been $1.31 per thousand gallons. Ordinance #9551,
approved September 10, 1992, restructured and
changed water rates, effective October 1, 1992,
October 1, 1993 and October 1, 1994. This
resolution covers an amendment to the Reese Air
Force Base Water Contract to adjust water rates in
accordance with that ordinance.
In accordance with the Cost of Service Water Rate
Analysis, developed by Ernst & Young specifically
for Lubbock water customers, the rates for Reese Air
Force Base for the next three years are as follows:
Effective Date: 10/01/92 10/01/93 10/01/94
Base Charge: $657.70 $690.59 $725.11
Flow Charge $1.13 $1.19 $1.25
(000 gallons)
November 19, 1992
Page 972
92-51B-972-671
(16.)
92-51B-972-672
(17.)
92-51B-972-673
(18.)
The contract for Reese Air Force Base calls for the
water rate to be equal to the lowest rate for the
City's largest "like" customers. (The Rate Analysis
identified Reese Air Force Base as a "like" customer
with Multi -Family Residential customers including
large apartment complexes utilizing large meters and
distribution systems.) This class of customer
warrants the lowest flow charge per one thousand
gallons of all customer classes.
Councilmember Neugebauer asked Mr. Smith how much of
the base is included under this agreement. Mr.
Smith replied that the entire base is on one meter,
and therefore included in this contract.
Staff recommended approval of the contract.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4027 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
Hold an executive session, in accordance with
Article 6252-17, Section 2(f), to discuss land
acquisition --Communication Services.
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
Electric Examiners Board
Lubbock Health Facilities Development
Corporation
Badgett and Jimmy H. Smith will expire November 26,
1992.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to hold appointments
to the Neighborhood Redevelopment Commission.
Motion carried: 6 Yeas; 0 Nays.
November 19, 1992
Page 973
92-51B-973-674
(19.)
92-51B-973-675
(20.)
92-51B-973-676
(21.)
92-51B-973-677
(22.)
92-51B-973-678
(23.)
Consider four appointments to the Southeast Lubbock
Development Corporation. The terms of Earl Ince,
Jr., Octavia Givens, Harold Chatman and Doug Boren
will expire November 11, 1992.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to hold appointments
to the Southeast Lubbock Development Corporation.
Motion carried: 6 Yeas; 0 Nays.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to reappoint David
Branson and Alfred Velasquez and appoint Sam Reyes
to the Plumbing Board. Motion carried: 6 Yeas; 0
Nays.
Consider two appointments to the Lubbock Libraries
Board. The terms of Alice Chavez and Mildred Deo
will expire December 31, 1992.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to reappoint Alice
Chavez and Mildred Deo to the Lubbock Libraries
Board. Motion carried: 6 Yeas; 0 Nays.
Consider three appointments to the Board of
Electrical Examiners. The terms of Tom Mandry, Don
Boatman and Mark Copeland will expire December 31,
1992.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to reappoint Tom
Mandry, Don Boatman and Mark Copeland to the Board
of Electrical Examiners. Motion carried: 6 Yeas; 0
Nays.
Consider three appointments to the Lubbock Health
Facilities Development Corporation. The terms of
R.C. Taylor, J. Louis Murfee and Marcia Johnson
expired January 14, 1992.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to hold appointments
to the Lubbock Health Facilities Development
Corporation. Motion carried: 6 Yeas; 0 Nays.
November 19, 1992
Page 974
There being no further business to (ome befor Coun
by Councilmember Patterson, secondedby Counci emb
the meeting at 1:52 p.m. Motion car ie e,s; 0
ATTEST:
Sally St i Abbe
Acting City Secretary
Read and approved this the loth day c
ATTEST:
Sally Still Abbe
Acting City Secretary
m n was made
Ince o adjourn
GSTON, MOICK