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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/28/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 28, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of January, 1993 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 Randy Neugebauer, Alex Cooke, Acting City Manager Jr., and Acting City Secretary Mayor Pro Tem Maggie Trejo, Councilmember M. J. Aderton, Councilmember Max Ince, Councilmember Bob Cass, City Attorney John C. Ross, Sally Abbe. Mayor Langston called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Rita Harmon, Assistant City Manager. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 93-52A-55-36 ( 3.) Board Appointments New members of the Committee for Women (Maxine McCormick), Planning and Zoning Commission (Alfred Velasquez), Permit and License Appeal Board (Walker Metcalf), and Municipal Arts Committee (Bonnie Aycock, Tina Fuentes, Sharon Beauchamp, Melissa Postnikoff, Michael Molina, Virginia Sowell, Russell Hughes, and Patricia Phea) received their appointments. 93-52A-55-37 ( 4.) Representative of Martin Luther King Committee will appear to recommended that Quirt Avenue be renamed Martin Luther King Boulevard. ORDINANCE #9584 AN ORDINANCE CREATING AN EXCEPTION TO SECTION 24-30 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING THE NAME OF QUIRT AVENUE TO DR. MARTIN LUTHER KING, JR. BOULEVARD; DIRECTING THE CITY ENGINEER TO REVISE THE OFFICIAL MAP OF THE CITY AND THE MAP FOR STREET NAMING TO REFLECT SUCH CHANGE; REQURING THE CITY ENGINEER TO NOTIFY ALL GOVERNMENTAL AGENCIES OF SAID NAME CHANGE; REQUIRING THE BUILDING OFFICIAL TO NOTIFY TO ALL BUSINESSES AND RESIDENCES HAVING A MAILING ADDRESS UPON SAID STREET OF THE NAME CHANGE; AUTHORIZING THE CITY TRAFFIC ENGINEER TO USE THE APPROPRIATE ABBREVIATION OF DR. KING'S NAME FOR THE PURPOSES OF STREET SIGNS ALONG SAID BOULEVARD. Mayor Langston asked for citizen appearances concerning this item. Councilmember Aderton announced that he would abstain from voting on the name change. January 28, 1993 Page 56 Reverend D.A. Smith appeared in favor of the name change and noted the presence of groups and individuals who were in favor of the action. In response to questioning from members of the council, Reverend Smith stated that the proposed sign wording was acceptable, and that a one year phase -in of the use of the name was also suitable. Councilmember Patterson expressed his support for the proposal and of the need to change the name for the children of Lubbock. Councilmember Neugebauer asked that the policy of exceptions to the street naming policy be used on a very specific basis. Reverend Smith expressed interest in being involved in any guidelines. Councilmember Ince expressed concern about the use of the suffix "Boulevard," and suggested Avenue to be consistent with other north -south streets. Others appearing in favor of the proposal included Lemuel Thuston, Roberto Lugo, Max Winn, Harold Chatman, Esther Sepeda, Linda DeLeon, Oscar Jones, Eddie Richardson, Archie Hall, Ysrael Luna, Mikel Ward, and Reverend P. Henderson Little. Councilmember Trejo stated her support for the proposal, noting that it was long overdue. According to staff memo, Quirt Avenue Name Change Committee activities have included the following: 1. Circulation of petitions of support. 2. Hosting of a meeting of businesses located on Quirt Avenue on September 9, 1992. Approximately 33 people attended that meeting. The committee indicates that the feedback indicated strong support for the name change, with three dissenting votes in favor of a name change but to something other than Martin Luther King Boulevard. 3. Representatives from the committee have appeared before the Human Relations Commission and the Citizens Traffic Commission (since this is a street naming issue) and have received support from both of those bodies. Staff memo noted that there are 127 property owners on Quirt Avenue that would be affected by the proposed change: 76 residential and 51 commercial. While the public would bear the cost for any changes to street markers, etc., expenses related to such items as business signage, etc., would be borne by the private property owners and the process would be as follows: 1. Ordinance Change to officially change the name of Quirt Avenue to Dr. Martin Luther King, Jr. Boulevard. January 28, 1993 Page 57 93-52A-57-38 ( 5.) 2. Building Inspection would notify all affected property owners of the change. This would take approximately two weeks to send notice and at least one month to follow up and correct wrong addresses, update microfiche, etc. 3. The Traffic Department would change all mast -arm and ground mounted street name signs. We project that the total cost for the project (City and State) would be $8,900. The Street Department portion (approximately $5,400) could come from unreserved/undesignated funds in Traffic Engineering. Fabrication and installation of the signs will take approximately sixty days. This change would accomplish two objectives: 1. Remove the negative connotation in certain parts of our community with the name "Quirt" Avenue. 2. Appropriately recognize and honor the accomplishments of Dr. Martin Luther King, Jr. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on first reading Ordinance #9584 to be effective January 15, 1994 and with the understanding that incidental details will be worked out before second reading. Motion carried: 6 Yeas; 0 Nays--Councilmember Aderton abstained. At the request of Councilmember Patterson, Reverend- D.A. Smith offered a prayer for the city. Mayor Langston recapped the provisions of the ordinance, then expressed his belief that cultural diversity translates to strength and that the symbolic act of renaming Quirt Avenue would be a signal that all Lubbock citizens will work together for the good of the community. Councilmember Aderton noted that his abstention was based in his feeling that the appropriate name change would be to Airport Boulevard. Harvey Morton, Chairman of the Regional MHMR Board, requested the sale of City -owned land for an MHMR psychiatric hospital facility. He introduced Gene Menefee, Executive Director of the Regional MHMR Center, and Harold Chatman, member of the Regional MHMR Board appointed by the City. Mr. Morton expressed his appreciation to Councilmember Patterson and the city staff for their assistance concerning this matter. January 28, 1993 Page 58 According to information provided by Mr. Menefee and staff memo, the proposed hospital would require approximately eight acres in addition to a dedicated public street to give access from 19th Street. The proposed site is south of East 19th Street and north of Lake 6 on property owned as a part of our sewer farm. According to a memorandum from the Legal Department, Council has the legal authority to sell the property to MHMR. MHMR is, in essence, seeking either a donation of land or a sale for a nominal fee. Staff recommended approval, and will submit formal documents at a later date if Council agrees. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve sale of City land for hospital location as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Mayor Langston announced that Items #8 and #9 would be removed from the consent agenda and considered separately. ( 6.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to approve the minutes of the January 14, 1993 Regular City Council Meeting as written, and to approve the minutes of the January 21, 1993 Special City Council Meeting with the change that Mayor Pro Tem Trejo called the meeting to order in Mayor Langston's absence. Motion carried: 7 Yeas; 0 Nays. 93-52A-58-39 ( 7.) ORDINANCE #9581--Abandoning and closing a portion of 56th Street adjacent to the C.C. Knott Addition, east of Frankford Avenue (5601 Frankford Avenue). ORDINANCE #9581 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET IN 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 OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to pass on second and final reading Ordinance #9581 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-58-40 (10.) BID #12317--Annual pricing for recapping tires (Auto Parts Warehouse). Woody Tire Co. --(All or None) 6 ea. Recap truck tires, Hardrock, 29.5X35; 200 ea. recap truck tires, mud & snow 11R22.5; 100 ea. recap truck tires, mud & snow, 1000R20. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 28, 1993 Page 59 93-52A-59-41 (11.) BID #12279--Trailer and dump beds (Fleet Services). Associated Supply Co.--1 ea. equipment truck Spec 2927. Southwestern Equipment Co.--2 ea. 14' dump bed Spec 731. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-59-42 (12.) BID #12308--Annual pricing for office supplies (Print Shop). Hester's Office Center Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-59-43 (13.) BID #12311--Conduit and high voltage cable (Central Warehouse). Armstrong Electrical Supply Co.--2,000' 1/0 Quad 600V 19 strand in pipe cable. Cummins Supply, Amarillo--4,000' No. 4/0 quad service drop cable. Okonite Co., Dallas--15,000' 500 MCM 15,000 volt single conductor copper cable. Graybar Electrical Co., Amarillo--1,800' 3/4" EMT conduit in 10' lengths; 2,500' 14-3 Type, S-J extension cord wire. Fields & Co.--16,320' 4" PVC conduit in 20' lengths. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 28, 1993 Page 60 93-52A-60-44 (14.) BID #12225--Annual pricing for safety boots (various departments). Work Boot --(All or None) 5 pr. men's black 8" safety toe boot; 8 pr. men's harness leather 8" safety toe boot; 50 pr. Wellington men's 11" safety toe boot; 40 pr. Wellington men's 10" safety toe boot; 50 pr. Logger boot 8" safety toe boot; 60 pr. Oiltan leather 8" safety toe boot; 40 pr. 8" logger safety toe boot; 40 pr. 8" insulated safety toe boot; 30 pr. heavy duty black engineer, Oiltan leather safety toe boot; 10 pr. men's 11" saddle tan safety toe boot; 10 pr. men's 10" smooth black safety toe boot; 50 pr. Ranch Wellington 10" safety toe boot; 30 pr. Ranch 10" black safety toe boot; 15 pr. Western insulated 12" safety toe boot; 20 pr. Boarhide 8" black safety toe boot; 5 pr. Boarhide 8" tan safety toe boot; 50 pr. Wellington men's 10" safety toe boot; 1 pr. pull -on western 12" safety toe boot; 5 pr. athletic hi -top black safety toe boot; 2 pr. athletic hi -top white safety toe boot; 20 pr. ladies 11" Wellington safety toe boot. Daco Fire Safety Equipment --(All or None) 5 pr. fire fighter boot; 30 pr. 12" leather water repellent boot; 20 pr. full grain Retan leather 12" safety toe boot; 40 pr. full grain oil tanned 8" safety toe boot; 2 pr. electrical hazard 8" safety toe boot; 2 pr. athletic Oxford white safety toe boot; 3 pr. athletic full grain cowhide leather white safety toe boot; 3 pr. athletic hi -top black safety toe boot; 3 pr. 6" padded collar full grain oil tanned leather safety toe boot. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-60-45 (15.) BID #12373--High voltage air switch (Central Warehouse). Cummins Supply, Amarillo--8 ea. air switch, 15KV 60 amp 3 phase arm, 10'. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-60-46 (16.) BID #12350--Annual pricing for playground equipment repair parts (Parks & Recreation). Modlin Recreation, Dallas--Gametime playground parts. Quality Industries, Plano --Quality Industries playground parts. Exerplay, Albuquerque, NM --Landscape Structures playground parts. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 28, 1993 Page 61 93-52A-61-47 (17.) BID #12396--30" VCT Sanitary Sewer Cleaning, and authorize same (Water Utilities). RESOLUTION #4068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Heritage Remediation Engineering for the cleaning of a 30" VCT sanitary sewer located at 6th Street & Oak Avenue, 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 28th day of January, 1993. /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/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 28th day of January, 1993 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 Heritage Remediation Engineering of the City of Deer Park, County of Harris, 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. 12396--30" VCT Sanitary Sewer Cleaning (Water Utilities) in the amount of $135,679.25 January 28, 1993 Page 62 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, this agreement in Lubbock, first above written. ATTEST: /s/ Sally Still Abbe Secretary APPROVED AS TO CONTENT: ATTEST: Secretary the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor 1.12g 1171111,1,M(IN9111.9ua Heritage Remediation Engineering CONTRACTOR By: TITLE: COMPLETE ADDRESS: Heritage Remediation Engineering Houston Division 625 Howard Street Deer Park, Texas 77536 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #4068 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-62-48 (18.) BID #12216--Microcomputer hardware & software (Information Services). Micro City, Irving --Novell certified (non -IBM or Compaq) 486 CPU 60 MB hard drive. West Texas Software, Abilene--Dbase IV Lan server. Parts Now!, Madison, WI --Hewlett Packard LaserJet III; Hewlett Packard LaserJet IIP. January 28, 1993 Page 63 L. Micro Age Computer --IBM 486 CPU 60 MB hard drive; Compaq 486 CPU 60 MB hard drive; IBM 486 CPU (no hard disk required); Novell certified (non -IBM or Compaq) 486 CPU (no hard disk required); IBM 386DX CPU 60 MB hard drive; Novell certified (non -IBM or Compaq) 386DX CPU 60 MB hard drive; IBM 386DX CPU (no hard disk required); Novell certified (non -IBM or Compaq) 386DX CPU (no hard disk required); IBM 386SX CPU 60 MB hard drive; Compaq 386SX CPU 60 MB hard drive; IBM 386SX CPU (no hard disk required); Compaq 386SX CPU (no hard disk required); IBM 14" VGA monitor and adapter; Compaq 14" VGA Monitor and adapter; IBM 14" Super VGA monitor and adapter; Compaq Super VGA monitor and adapter; Novell certified (non -IBM or Compaq) 14" Super VGA monitor and adapter; 386SX Notebook w/VGA monitor, min. 60 MB hard drive, min. 2 MB RAM; 386 Notebook w/VGA monitor, min. 60 MB hard drive, min. 2 MB RAM; 2400 Baud Hayes compatible external modem; 2400 Baud Hayes compatible internal modem (ISA bus modem, MCA bus modem); 4800 Baud Hayes compatible external modem; 4800 Baud Hayes compatible internal modem (ISA bus modem & MCA bus modem); Thomas Conrad 4/16 MB Token Ring card; Proteon 4/16 MB Token Ring card; IBM 4/16 MB Token Ring card; Math Coprocessor for each CPU quoted above; Hewlett Packard DeskJet printer; A mouse compatible w/Windows 3.1; External 5-1/4 disk drive; Gateway to connect Token Ring LAN to Ethernet LAN to accept IPX/SPX, TCP/IP and OSI protocols; 16 MB Token Ring Router Type 3/Fiber ST; Token Ring UTP 16 port Multiple Access Unit with Ring -in UTP and Ring -out UTP MAU only; Token Ring UTP 16 port Multiple Access Unit with Ring -in UTP and Ring -out Fiber MAU only; Token Ring UTP 16 port Multiple Access Unit w/Ring-in fiber and Ring -out UTP MAU only; Uninterrupted Power Supply 650VA; 9600 Hayes Compatible External modem; 9600 Hayes compatible Internal modem; HP DeskJet 500 Printer w/parallel cable; ACCPAC Plus Accounts Receivable; AutoCAD; DR DOS 5.0; Freelance Graphics, DOS and Windows versions; Freelance Lan Server; Freelance Plus; GRAM-MATIK-IV; GRAPHER; Irwin EZ Tape Backup software; Lotus 2.4 Lan Server; Lotus 2.4 Lan Node; Microsoft BASIC Compiler; Norton Utilities; Norton Anti -Virus; Novell Netware 3.1: 10 USERS; 250 USERS; Novell Netware 2.2; On -Target; Oracle Tools Lan Node; Oracle; OS/2; LanAny Where IV Server; LanAnywhere IV Node; IBM SYSTOS Tape Backup; Print Shop; Print Shop Companion; PowerUp Name Tag Kit; Quik Invoice; QEMM 386; SmartCom III; SCO-UNIX, all editions; Windows 3.1; Windows 3.1 Lan Node; Fisher Watch Dog; Who -What -Where. Compu Supplies & Software, Dallas--486 or 486SX Notebook w/VGA monitor, min. 60MB hard drive, min. 2 MB RAM; Uninterrupted Power Supply - 1200VA; Corel Draw; Dbase IV Lan Nodes; Dr. DOS 5.0 Lan Pack; Fifth Generation Fastback Plus; Lotus 2.4; Lotus 3.1; Microsoft Word 5.0; Microsoft Word 5.0 Lan Node; Microsoft Word for Windows; Microsoft Project; Maynard Tape Backup Software; MapInfo; PcAnyWhere IV; PageMaker Lan Node; QEMM 386 Lan Node; IBM StoryBoard Plus; Timeline. Digital Diagnostics --Internal 5-1/4 disk drive; adapter for IBM 3270 emulation; Dbase IV Standalone Edition; DOS 5.0; Novell Netware 3.1: 5 USERS; PageMaker Lan Server. January 28, 1993 Page 64 Computerland--Compaq 486 CPU (no hard disk required); Compaq 386DX CPU 60 MB hard drive; Compaq 386DX CPU (no hard disk required); Hewlett Packard LaserJet IIIP; DCA 4/16 MB Token Ring card; 486 LAN file server w/min. 16MB; Pacific Page XL cartridge; 16 MB Token Ring Bridge w/source routing; 16 MB Token Ring Router Type 3; FANCYWord; Nutshell Plus; Novell Netware SNA Gateway; Omni -Page; Oracle Tools; PC Paint Brush; PROCOMM; Turbo C Compiler. Valcom--Novell certified (non -IBM or Compaq) 386SX CPU; Novell certified (non -IBM or Compaq) 386SX CPU (no hard disk required); Novell certified (non -IBM or Compaq) 386SX CPU; 2 MB Upgrade for HP LaserJet II, IIP, III & IIIP; 4 MB Upgrade for HP LaserJet II, IIP, III & IIIP, 2 MB Upgrade for CPUs; 4 MB Upgrade for CPUs; 8 MB Upgrade for CPUs; Epson FX 1050 or compatible printer; LAN print sharing device; Maynard Internal 150 tape backup; IBM AVC; Carbon Copy Plus; Carbon Copy Lan Server; Carbon Copy Plus Lan Nodes; DOS 5.0 Lan Pack; Freelance Lan Nodes; Microsoft Word 5.0 Lan Server; Novell Netware 3.1-100 users; QEMM 286. Digital Equipment, Dallas --Novell certified (non -IBM or Compaq) 14" VGA monitor; Direct Access Network; ENABLE 4.0; Pagemaker. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-64-49 (19.) BID #12310--Annual pricing for tools (Central Warehouse). Childress Hardware--12 ea. 1573-3 Curved Non -Folding Knife; 68 ea. 3" #1 Phillips Screwdriver; 111 ea. 4" #2 Phillips Screwdriver; 30 ea. 6" No. 3 Phillips Screwdriver; 128 ea. 4" Standard Screwdriver; 77 ea: 6" Standard Screwdriver; 65 ea. 8" Standard Screwdriver; 16 ea. 11/16" x 3/4" Ratcheting Box Wrench; 56 ea. 10" Standard Screwdriver; 36 ea. Insulated Handle Nut Drivers; 91 ea. 9 1/2" Klein D213 9NE Linemen Plier with Side Cutter; 131 ea. Klein Skinning Knife, Lock Blade; 22 ea. Fiberglass 6' Step Ladder; 19 ea. 3/8" Combination Wrench Open End x Box End; 31 ea. 7/16" Combination Wrench Open End x Box End; 28 ea. 1/2" Combination Wrench Open End x Box End; 31 ea. 9/16" Combination Wrench Open End x Box End; 20 ea. 5/8" Combination Wrench Open End x Box End; 18 ea. 11/16" Combination Wrench Open End x Box End; 28 ea. 3/4" Combination Wrench Open End x Box End; 17 ea. 13/16" Combination Wrench Open End x Box End; 17 ea. 7/8 Combination Wrench Open End x Box End; 19 ea. 15/16" Combination Wrench Open End x Box End; 14 ea. 1" Combination Wrench Open End x Box End; 12 ea. Lineman Pliers with Crimping Die. Tristan Industrial, Houston--760 ea. 12" Hacksaw Blade; 230 ea. 12-24 Hacksaw Blades, Special; 100 ea. Hacksaw Blade, 12" Long--32 Teeth; 52 ea. 24 oz. Ball Pein Hammer; 63 ea. 16 oz. Claw Hammer W/Fiberglass Handle; 99 ea. 10" Adjustable Crescent Wrench; 73 ea. 12" Adjustable Crescent Wrench; 79 ea. 8" AC Crescent Wrench; 16 ea. 1 1/16" x 1 1/4" Ratchet Wrench. January 28, 1993 Page 65 AHC, Amarillo--15 ea. 8 Lb. Double Face Sledge Hammer; 7 ea. 16 Lb. Double Face Sledge Hammer; 26 ea. 10 Lb. Double Face Sledge Hammer; 25 ea. 3 Lb. Double Face Sledge Hammer; 12 ea. 4 Lb. Double Face Sledge Hammer; 115 ea. 6" Cee Tee Combination Pliers; 158 ea. 10" Straight Pliers; 38 ea. 3" Standard Screwdriver; 32 ea. 16" Staight Jaw & Tongue & Groove Pliers; 12 ea. Hammer Handle Wedge, #04510; 18 ea. 32 oz. Claw Hammer with Waffle Iron Head - 18" Handle. Four R Industrial--20 ea. 32 oz. Ball Pein Hammer; 77 ea. Concrete Saw Blade, 14 3/8" JW x 1" OP; 20 ea. 3/4" Deep Socket, 6 Pt. Industrial Grade, 1/2" Drive; 11 ea. 7/8 Deep Socket, 6 Pt. Industrial Grade, 1/2" Drive; 24 ea. 15/16" Deep Socket, 6 Pt. Industrial Grade, 1/2" Drive; 10 ea. 1" Deep Socket, 6 Pt. Industrial Grade, 1/2" Drive; 10 ea. 1 1/16" Deep Socket 6 Pt. Industrial Grade 1/2" Drive; 16 ea. 1 1/8" Deep Socket, 6 Pt. Industrial Grade, 1/2 Drive; 16 ea 1 1/4" Deep Socket, 6 Pt. Industrial Grade, 1/2" Drive. MTC, Inc.--82 ea. 36" Sledge Hammer Handle; 56 ea. 6" Crescent Wrench; 98 ea. 7 1/2" Long Nose Pliers; 14 ea. Crescent Wrench 18" Rigid; 20 ea. 1/2/ Drill Index Box. M.B. McKee--12 ea. 8" Straight Pipe Wrench; 24 ea. 14" Rigid Pipe Wrench; 16 ea. 12" Rigid Pipe Wrench; 138 ea. 7" Diagonal Cutting Pliers; 66 ea. 10" Vise Grip Straight Jaw; 25 ea. 18" Screwdriver; 19 ea. Wrecking Bar 30". Snap-On Tools--18 ea. 15" Adjustable Crescent Wrench. Sears, Albuquerque, NM--80 ea. 12" hacksaw Frame; 21 ea. 3/8" x 7/16" Ratcheting Box Wrench; 30 ea. 1/2" x 9/16" Ratcheting Box Wrench; 36 ea. 5/8" x 3/4" Ratcheting Box Wrench; 20 ea. 13/16" x 7/8" Ratcheting Box Wrench; 14 ea. 24" Rigid Pipe Wrench; 21 ea. 18" Rigid Pipe Wrench; 10 ea. 10" Pipe Wrench; 39 ea. 1/2" Drive Ratchet Industrial Grade. Moore Supply--28 ea. 1 1/2" Fire Hydrant, Operating Wrench; 26 ea. Multricrimp Tool Ideal #30-429. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-65-50 ( 8.) BID #12278--Construction equipment (Fleet Services). Robert Massengale, Assistant City Manager for Financial Services, asked Council to remove Items #4 and #5 from the bid and to act on the remaining items. Scott Tractor & Equipment--1 ea. Tractor backhoe w/front end loader Spec 906; 1 ea. tractor backhoe w/front end loader Spec 906AV. Yellowhouse Machinery Co.--1 ea. Articulating motor grader Spec 916. T.J. Grant Co., Dallas--1 ea. small motor grader, 5500 lb. Spec 968. January 28, 1993 Page 66 93-52A-66-51 ( 9•) 93-52A-66-52 (20.) Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to delete Items #4 and #5 and award remainder to low bidders. Motion carried: 7 Yeas; 0 Nays. BID #12276--Refuse collection bodies (Fleet Services). Robert Massengale, Assistant City Manager for Financial Services, asked the Council to reject the low bid for Item #1 of Southwest Equipment and to accept the next lowest bid of Emco Industries as follows: Emco Industries, Plainview--8 ea. 33 Cy Sideloading Packer Body Spec 801. City Attorney John Ross explained that the City had been notified of pending patent litigation against the low bidder concerning this item. Since the City is not protected from liability if it intentionally purchases items on which it has been notified that there is litigation, the City could be liable for fees and damages. Therefore, he recommended that the Council reject the low bid. Mayor Pro Tem Trejo asked whether, if the patent infringement suit was not successful and the City accepted the next lowest bid, the unsuccessful bidder could have recourse against the City. Mr. Ross responded that bids are only offers, and the Council can reject any or all without exposure. Councilmember Ince expressed similar concerns. He asked if it would be possible to delay action until the litigation is resolved. Mr. Massengale replied that the equipment is needed immediately and that patent litigation is often very lengthy, so it is not feasible to hold the item. Item #2--Davis Truck & Equipment Co., Clifton--1 ea. 35 cy Refuse Collection Packer Body Spec 802. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Trejo to reject the low bid for Item #1 and accept the next low bid meeting specifications and for Item #2, to accept the low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Consider Ordinance #9582 abandoning and closing the alleys located in Block 135, Original Town Addition for the Transit Transfer Facility (805 Broadway). ORDINANCE #9582 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 135, ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER 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. January 28, 1993 Page 67 Assistant City Manager for Development Services Jim Bertram presented the staff comments. In response to a questioning on the status of the Transit Transfer Station, he told the Council that the tenants are almost all been relocated and the asbestos mitigation necessary for demolition is underway. According to staff memo, this ordinance abandons and closes the north -south and east -west alley in the block of land recently purchased for the Citibus Transfer Center. All utility companies are working with the City on their utility relocations to accomplish this closure. The Right -Of -Way Department recommended the passage of this ordinance. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Aderton to pass on first reading Ordinance #9582 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince absent from the Chambers. 93-52A-67-53 (21.) Consider setting the date and time for the Community Development Block Grant Public Hearing. Assistant City Manager for Development Services Jim Bertram presented the staff comments. The City of Lubbock CDBG program is now in its 19th year. As a part of the grant submission process, the City Council conducts one public hearing. This public hearing is to provide citizens the opportunity to comment on the proposed expenditure of Community Development funds. The recommended program developed by the Community Development Advisory Committee will be published on, February 14, 1993. The staff recommended that the public hearing be set for 5:00 p.m. on February 25, 1993. After some discussion about the time of the hearing, motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to set the date and time for the Community Development Block Grant public hearing for February 25, 1993 at 5:30 p.m. Motion carried: 7 Yeas; 0 Nays. January 28, 1993 Page 68 93-52A-68-54 (22.) Consider Resolution #4069 authorizing amendments to the agreement with the Lubbock Memorial Arboretum Foundation, Inc. RESOLUTION #4069 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 Amended Agreement with Lubbock Memorial Arboretum Foundation, Inc. for the development and maintenance of an Arboretum and Botanical Garden in K. N. Clapp Park and Bill McAlister Park, which includes a Lease and Concessionaire Agreement for the development of an Interpretive Center for the Arboretum and Botanical Garden at K. N. Clapp Park. 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 28th day of January, 1993. I:1ii*11F /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 STATE OF TEXAS COUNTY OF LUBBOCK § Agreement /s/ David R. Langston DAVID R. LANGSTON, MAYOR WHEREAS, the CITY OF LUBBOCK, TEXAS, ("City"), a home rule municipality located in Lubbock County, Texas, desires to provide a unique educational park experience in cooperation with the LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. ("Foundation") in the form of an ARBORETUM AND BOTANICAL GARDEN ("Arboretum") for the citizens of Lubbock; and WHEREAS, the Lubbock Memorial Arboretum Foundation, Inc., a Texas nonprofit corporation, was organized in the public interest for the purpose of establishing, maintaining, promoting and operating an Arboretum for the benefit of the public and its members; and WHEREAS, the Foundation has the ability and expertise to cooperate with the City in developing the Arboretum and to provide programs and services for the benefit and enjoyment of all the citizens of the City of Lubbock, as well as the citizens of the State of Texas; and January 28, 1993 Page 69 WHEREAS, City has designated a portion of K. N. Clapp Park and a portion of Bill McAlister Park to be developed as an Arboretum and Botanical Garden under the general control and supervision of City; and WHEREAS, the City has experienced difficulties in maintaining the area which has been designated as an arboretum in the past, so that a need exists to clearly delineate and fence a portion of the area in K. N. Clapp Park and all the area in McAlister Park to be further developed as an arboretum; and WHEREAS, Foundation has worked with City for several years in the continuing development and educational promotion of this site as an Arboretum, and City wishes to commend Foundation's efforts to date; and WHEREAS, both parties deem it to be in their best interests to enter into a new agreement; and WHEREAS, Foundation has indicated to City a desire to develop, in cooperation with City, programs and activities in a City -owned facility to be known as an Interpretive Center, which would be designated to give the citizens of Lubbock and other visitors greater access to and enjoyment of the Arboretum; NOW THEREFORE, this Agreement is made between the CITY OF LUBBOCK and LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. to further the continuing development of an ARBORETUM AND BOTANICAL GARDEN on a portion of K. N. Clapp Park, Lubbock, Texas, described in Exhibit A, and to initiate development of an arboretum and botanical garden on a portion of Bill McAlister Park, Lubbock, Texas, described in Exhibit B, attached and incorporated herein as if fully set forth. Article I PURPOSE: This Agreement establishes a framework in which the City in cooperation with the Foundation may promote the public interest and enjoyment of horticulture, plant sciences and landscaping; conservation of natural resources, beautification of the City with horticultural improvement and the research and development of semi -arid landscape plantings. The basic purposes of the Arboretum include, but are not necessarily limited to, the following: (a) To provide a unique park area of plant and landscape displays for the benefit and enjoyment of the public. (b) To collect and maintain woody plant materials for scientific study and public exhibition. (c) To provide an educational experience at all levels for all interested citizens. (d) To provide a focal point for the activities of all citizens engaged in like enterprises. Article II MANAGEMENT AND OPERATION: In recognition of the complexities of managing and operating an Arboretum and the resultant need for specialized, professional expertise, the responsibilities of the Foundation and the City are provided below: A. Responsibilities of the Foundation: The Foundation agrees to: 1. Continue the development of the Arboretum as outlined in the goals and objectives document specified in Exhibit C. January 28, 1993 Page 70 2. Within one year from the date of the Agreement, begin the revision of the Rucker master plan for the Arboretum at K.N. Clapp Park, to be submitted to the Parks and Recreation Board for review and to the City for approval. Within one year from the date of the Agreement, begin the preparation of a preliminary master plan for the Arboretum at McAlister Park, said plan will be completed within five (5) years and submitted to the Parks and Recreation Board for review and to the City Council for approval. In the event the Foundation should fail to revise the Rucker master plan and develop a preliminary master plan for McAlister Park, the City, at its option, may terminate this Agreement as described in Article X, Terms and Termination, of this Agreement. 3. Include in its master plans, the development of the Arboretum so that such facilities, located upon the Arboretum, can be used by physically impaired persons together with other fixtures and improvements necessary to make the common areas at the Arboretum reasonably accessible to and safe for use by physically impaired persons. 4. Amend or update the plans, if necessary, to show future additional improvements on the Arboretum sites and furnish a copy of such amendment to the City of Lubbock for approval. 5. Submit plans and specifications for development projects included within the approved master plans to the City of Lubbock for review prior to construction. 6. Cooperate with the Parks and Recreation Department in reviewing and revising guidelines for the operation, development, management and maintenance of the Arboretum sites. 7. Submit proposed admission and reservation fee schedules to the Parks and Recreation Board for review and to the City Council for approval. 8. Expend for operations, development and maintenance of the Arboretum, monies received from memorials, honorariums, concessions, grants, membership dues, gifts -in -kind and any other sources exclusive of endowment provisions. 9. Provide the City with a copy of its Charter, Articles of Incorporation, current By -Laws and any amendment to these documents that may be adopted during the course of this Agreement. 10. Provide funding for development of improvement projects as plans for such work are approved and as funds are available. Responsibilities of the City: City agrees to provide: 1. Utilities for the Arboretum sites and Interpretive Center to include only water, sewer, garbage, gas and electrical service. 2. Maintenance of the existing irrigation system, completion of the separation of the current system along fence lines to be completed by July 1, 1994 with additions and updates to the system as needed within budgeted funds. 3. Planting and maintenance responsibilities as developed in the planting and maintenance guidelines in Exhibit D. 4. Administrative assistance in the preparation of grant applications. January 28, 1993 Page 71 5. Consideration of financial support request for Arboretum development projects. Requests for such support shall be submitted in writing to the Director of Parks and Recreation no later than March 1st of each year. 6. Overall operation, supervision and maintenance of park property. Article III ACCESS OF THE ARBORETUM: Entrances to the K. N. Clapp and McAlister Arboretum sites shall be open to the general public within reasonable hours designated by the City with input from the Foundation. The Foundation agrees that there shall be no discrimination and that no citizen shall be prevented from participating in any portion of any public program at the Arboretum because of race, color, sex, religion, national origin, physical handicap or disability. The City may establish and enforce, after consultation and in cooperation with the Foundation, any reasonable rules and regulations regarding behavior of visitors to assure the well-being of the plants and gardens, as well as the safety, comfort and quality of experience for visitors to the premises. To the extent permitted by law, the City, on consultation with Foundation, or on its own, may exclude objectionable uses, or abusive or offensive person(s) from all property subject to this Agreement. City and its authorized officers, employees, agents and contractors shall have the right to enter the Arboretum and Botanical Garden for any reasonable purpose during normal working hours, and, where necessary, at other times. In exercising this right, City will make every effort to coordinate and cooperate with Foundation. Article IV SOLICITATION OF FUNDS BY THE FOUNDATION: It is agreed that the Foundation shall solicit funds from various sources, including memorials, honorariums, grants, membership dues, concessions and gifts -in -kind or any other like sources. It is further agreed, provided funds are available from the solicitation for such proposes, said funds will be used to undertake certain structural improvements within the Interpretative Center and Arboretum as approved by the City so that the area described in Exhibit A will be improved, developed and operated in such a manner as to be enjoyable for the members of the general public., The Foundation understands and agrees that all improvements, which are permanently attached and considered fixtures, provided by the Foundation become the property of the City of Lubbock. The Foundation acknowledges without reservation that the City holds title to all land and buildings on the Arboretum. Article V LIAISON COMMITTEE: A liaison committee shall be established and shall meet at a minimum on a biannual basis. The committee will consist of the Assistant City Manager for Public Safety and Services, the Director of Parks and Recreation, the Superintendent of Park Maintenance, the Foundation President and three members of the Foundation. Responsibilities of the committee are as follows: a. Review achievement of goals and objectives of development plans. b. Review admission and reservation fees. C. Review and recommend new goals and proposed projects. d. Review guidelines for plantings and standards of maintenance. e. Recommend updates of the Foundation and City responsibilities. January 28, 1993 Page 72 f. Discuss Interpretive Center operations and programs. g. Discuss Arboretum usage by the public. h. Consider funding requests. i. Develop presentations for Parks and Recreation Board and/or City Council as needed. j. Review and evaluate this Agreement to insure its applicability to both City and Foundation. k. Resolve conflicts regarding operational procedure or scheduling of events. Article VI ADMISSION AND RESERVATION FEES: It is contemplated by City and Foundation that upon substantial completion of the goals identified in Exhibit C scheduled for the first two years, it may be necessary for the City to establish admission fees in order to provide revenue for development and maintenance of the Arboretum. Said admission fees, whether collected by the City or by the Foundation, as well as all reservation fees charged at the Arboretum, shall be placed in a special trust fund maintained and administered by the City of Lubbock Parks and Recreation Department in cooperation with the Foundation. Funds from this trust fund, known as the Arboretum and Botanical Garden Special Account, shall be used solely for operation, expansion or improvement of the Arboretum. Admission fee schedules and reservation fee schedules shall be determined by City in cooperation with Foundation and approved by City Council. In the event that volunteers from the Foundation are allowed to collect admission fees or reservation fees as established by the City, then such volunteers shall account on a daily basis for all such funds collected to the Director of Parks and Recreation or his designee. Article VII INTERPRETIVE CENTER: City and Foundation contemplate the development of an Arboretum Interpretive Center in the building located at 4111 University, Lubbock, Texas, which is the subject of a lease between the parties which is attached hereto as Exhibit E and incorporated herein. A. Foundation Responsibilities and Privileges: The Interpretive Center will provide a variety of informative programs, activities and literature that will be available for all levels of education and interest. The Foundation and City will be afforded credit on all publicly disseminated printed materials. Volunteers will be recruited from the community and trained by the Foundation, to operate the center and administer programs sponsored or promoted by the Foundation. The Foundation will provide assistance to the public on plant culture and provide tours and information, including but not limited to, public schools, interested citizens and tourist and convention delegates. An attractive and well managed Arboretum and Interpretive Center will be beneficial to the Foundation and public in providing a greater appreciation and understanding of park related services in the City of Lubbock. The Foundation will pay or cause to be paid all charges for telephones used or to be used in connection with the leased premises throughout the term of this Agreement or any extension of the Agreement. The Foundation will keep and maintain or cause to be kept and maintained, the facility in a good state of appearance and repair, limited to reasonable wear and tear, at the Foundation's expense. January 28, 1993 Page 73 The Foundation agrees that all costs business affairs of the Interpretive Center responsibility of the Foundation commencing this Agreement. incurred to operate the are, and shall be, the sole at the effective date of It is further agreed that Foundation shall have no authority to bind the City in any way or to incur any indebtedness or liability on behalf of the City, or to place or permit the placing of liens on City property. Article VIII INDEMNITY: Both parties agree to be responsible for the actions of their own members, agents, volunteers and employees and to hold the other party harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this Agreement. Article IX TERMS AND TERMINATION: The initial term of this Agreement shall be for fifty (50) years beginning upon the date of adoption hereof and may be extended for additional ten (10) year increments by mutual agreement of both parties. The parties hereby understand and agree that such terms may be modified by consent of both parties hereto. This Agreement may be terminated by mutual consent of the parties hereto or by twelve (12) months prior written notice from either party to the other. Should either party fail to meet the conditions of this Agreement, then in such event, the concerned party shall specify the deficiencies in writing, correction shall commence within ninety (90) days by the appropriate party from the date of receipt of such notice. If such deficiency is not corrected or is not commenced to correct within ninety (90) days, this Agreement may be terminated. Upon termination of this Agreement, only plantings and improvements permanently attached or affixed to the Arboretum and those donated pursuant to the Lease Agreement in Exhibit E shall become the property of the City of Lubbock. Article X REVIEW: Foundation and City recognize that their roles, functions and responsibilities may develop, grow and/or change during the time period of this Agreement. For this reason, Foundation and City shall continuously review and evaluate this Agreement to insure its appropriateness and applicability. Each year on or about the anniversary date, a formal review and evaluation of this Agreement shall be conducted and a report of findings and recommendations submitted for City Council action, if appropriate. Article XI This Agreement was made and shall be construed in accordance with the laws of the State of Texas. Article XII SEVERABILITY: If any provision contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, the invalidity shall not affect any of the other provisions of the Agreement. January 28, 1993 Page 74 Article XIII In addition, Foundation understands and agrees that this Agreement is subject to the City's right of control over its parks, and this Agreement shall always be interpreted accordingly. ACCEPTED AND AGREED TO this 28th day of January, 1993. 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 1.1>9:I1P/A11:f,-V(IN 111:4u /s/ Linda Chamales Linda Chamales, Assistant City Attorney CITY OF LUBBOCK, TEXAS BY:/s/ David R. Langston David R. Langston, Mayor LUBBOCK MEMORIAL ARBORETUM FOUNDATION, INC. BY:/s/ George Tueshkovich PRESIDENT Park Maintenance Supervisor Rusty Black presented the staff comments. He briefed the Council on the history leading up to this agreement, and told them that the neighborhood around Clapp Park agrees with the current proposals for the park. According to staff memo, on April 23, 1992, the City Council approved Resolution #3868 authorizing an agreement with the Lubbock Memorial Arboretum Foundation, Inc. This agreement was a result of almost a year of discussions between members of the Arboretum Foundation, City staff and the neighboring residents and apartment owners regarding the level of maintenance, operations and future developments planned by the Arboretum Foundation. The major components of the agreement consist of: 1. The purpose of an Arboretum, 2. Management and Operation of the Arboretum, 3. Access to the Arboretum, 4. Responsibilities of a Liaison Committee, 5. Lease of an Interpretive Center, and 6. Use of funds solicited by the Arboretum Foundation. January 28, 1993 Page 75 %. w Included in the agreement under the goals and objectives of the Foundation, Exhibit C, is the goal to: 1. Define and establish the boundaries of the Arboretum. This objective consists of determining the exact location and contracting the installation of a perimeter fence to enclose the Arboretum grounds at K.N. Clapp Park site to facilitate the enhanced development of an arboretum. Opposition to the fence arose from the neighbors on the south side of Clapp Park, but the agreement presented to the Council in April 1992 resolved these initial concerns. In September 1992, the Foundation contracted for the installation of a chain -link perimeter fence to enclose 14.4 acres of the Arboretum site on K.N. Clapp Park. The initiation of the construction of the fence led to a number of complaints and concerns from residents of the neighborhood, this time mainly from the north side of Clapp Park, and construction of the fence was delayed. On September 29, 1992, Councilmember Patterson held a District 2 public meeting at the Garden and Arts Center with over 200 citizens in attendance to discuss the enclosure of the Arboretum Grounds at Clapp Park. A large majority of those in attendance opposed the construction of the fence. After a significant amount of discussion, it was decided to have representatives from the Foundation and the neighborhood group to meet in an attempt to resolve the issues. On October 13, 1992, a meeting was held with the respective groups to discuss differences and identify concerns. Common concerns of vandalism and preservation of the park and arboretum amenities were identified, and a common desire to compromise was established. Each group discussed possible solutions to the dilemma. The neighborhood group was asked to implement a neighborhood/park watch. The Foundation was requested to review the existing fence location and consider designating a smaller "back yard" approach for the enclosed area allowing for complete access to the lake shore. Both groups desire increased police patrols. On November 5, 1992, a second meeting was held at the Clapp Party House. The neighborhood group distributed questionnaires throughout the area to determine interest and identified volunteers to establish a Clapp Park Neighborhood Watch Program. A neighborhood organization is in process of development and Doyle Berry has been elected as chairperson. The Foundation proposed to reduce the 14.4 acre enclosed Arboretum site to a 8.65 acre site behind the Garden and Arts Center and Interpretive Center, allowing complete access to the lake shore. Each proposal was accepted and agreed upon after discussion, leading to the need to amend the existing agreement between the City and the Foundation. January 28, 1993 Page 76 The most significant change proposed is to revise Exhibit A, the map which identifies the enclosed area from 14.4 acres to 8.65 acres. Other changes propose the deletion of the general liability insurance requirements, revision of the time frames to complete various goals and objectives, and the adjustments to the value of contributions in Lease Exhibit I related to the cost of the fence. Specifically, the proposed amendments are as follows: Article II. Management and Operation. #2: The proposed amendment relates to the timeframe needed for revisions to the Rucker Master Plan to be completed. Currently, the agreement calls for the revisions to be completed within two (2) years; current recommendations are to delete the timeframe for completion. The Foundation will begin revision of the master plan within one year from the date of the agreement. Article IX. Insurance: This article requires the Foundation to carry a Commercial General Liability Insurance policy of not less than $500,000 for the Arboretum grounds. It is proposed to delete this requirement from the agreement. Other organizations which utilize park property are not required to carry liability insurance; however, they may do so if they desire. The Parks Department will continue to maintain the site and are responsible for the conditions of the grounds. Exhibit A. Map of K. N. Clapp Park: This amendment adjusts the enclosed Arboretum site at Clapp Park from 14.4 acres to 8.65 acres as agreed upon by the neighborhood organization and Foundation Board. Exhibit C. Goals and Objectives: Proposed changes basically deal with dates that specific goals and objectives are to be completed. The master plans for both Clapp Park and McAlister Park Arboretum sites are to be completed by July 1, 1997. The amendments change the dates of completion for adjustments to existing garden areas and construction of planned gardens to coincide with the completion of the master plans. Lease Exhibit One. Value of Contributions: Amendments primarily deal with adjustments to the value of contributions and anticipated completion dates. The fencing project value has been reduced from $25,000 to $15,000 as a result of reduction of the enclosed area. The value of Interpretive Center furnishings has been increased from $2,500 to $30,000. Dates for the Georgia Williams and Bob Hassell Garden have been changed from July 1994 to July 1995, and various furnishings, landscaping, literature and signage contributions are proposed to change from a specific date to a continuous timeframe. January 28, 1993 Page 77 There is still one area of concern expressed by Mr. Berry. He feels that the fence on University needs to be wrought iron rather than chain link. It is estimated that wrought iron would add an additional cost of $8,000 to the fence. Neither the Foundation nor the Park and Recreation Department has the funds to pay for the additional expense. The Council could use part of the year-end fund balance to pay for the wrought iron fencing to allow the arboretum to proceed with their plan. In summary, the major dispute regarding the fence location seems to be resolved. The proposed amendments update the April 1992 agreement to reflect his and other compromises. They also adjust the time frames and dates for various objectives as desired by the Foundation Board. Staff recommended the proposed amendments be approved. Motion was made by Councilmember Aderton, seconded by Mayor Pro Tem Trejo to authorize Resolution #4069 as recommended by Staff and to allocate up to $8,000 to place wrought iron fencing along University Avenue. Motion carried: 7 Yeas; 0 Nays. 93-52A-77-55 (23.) Consider Resolution #4070 authorizing the Mayor to sign Change Order No. 1 to the contract with M.A. Mortenson Company for Water Reclamation Plant No. 4 and Solids Handling Facilities. RESOLUTION #4070 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 Change Order No. 1 to be entered into by and between the City of Lubbock and M.A. Mortenson Company with regard to the New Water Reclamation Plant No. 4, which Change Order No. 1 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 28th day of January, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney January 28, 1993 Page 78 LUBBOCK, TEXAS NEW WATER RECLAMATION PLANT NO. 4 AND SOLIDS HANDLING FACILITIES SRF PROJECT 3104-002 CHANGE ORDER NO. 1 SCOPE. This Change Order No. 1 adjusts the quantity of excavation and concrete placement for cylindrical piers at the Headworks and Main Lift Station structures. REASONS FOR CHANGES. A lump sum cost is included to compensate the Contractor for an increase in the quantity of excavation and concrete for cylindrical piers and for the additional effort required to drill through suitable bearing material to install the pier bells. Suitable bearing material to terminate the pier excavation was located above the elevation indicated in the Contract Documents. However, terminating the pier bells at the higher elevation would have resulted in a conflict with substructure piping and excavation in adjacent areas, making construction of the Headworks facility as originally designed unfeasible. Drilling through the otherwise suitable bearing material to an elevation lower than the elevation indicated in the Contract Documents was required to excavate for the pier bells. The additional effort to drill through the otherwise suitable bearing material was not originally required by the Contract Documents, since pier bells were to terminate at the top elevation of this material. Attached to this Change Order is a copy of Mortenson's letter dated December 7, 1992, and Black & Veatch's letter dated January 11, 1993, concerning this item. BASIS FOR CHANGE. Additional pier concrete and excavation for a lump sum price of $38,546.00. All other provisions of the Contract remain unchanged. CHANGES TO CONTRACT PRICE. Original Contract Price Current Contract Pice adjusted by Previous Change Orders Contract Price due to this Change Order will be increased by New Contract Price including this Change Order To Date Percent of Original Contract Price $29,688,504.00 $29,688,504.00 $ 38,546.00 $29,727,050.00 0.13% January 28, 1993 Page 79 1 CHANGE TO CONTRACT TIME. The Contract time will not change due to this Change Order. AGREED to this 28th day of January, 1993. M. A. MORTENSON COMPANY By:/s/ Name Not Legible Construction Manager CITY OF LUBBOCK /s/ David R. Langston David R. Langston, Mayor ATTEST: Ls/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Dan Hawkins, Director of Water Utilities, told the Council that this Change Order was anticipated because of the difficulty and expense of obtaining enough appropriate soil samples before construction began. Councilmember Ince noted that the pre -construction testing would have cost $70,000, while the current change order is for $38,000, still a net cost saving. According to staff memo, on March 26, 1992, the City Council awarded the largest of the four contracts to expand and renovate Lubbock's Southeast Water Reclamation Plant to the M.A. Mortenson Company. This contract, Contract No. 2, includes the construction of the new Water Reclamation Plant No. 4 and solids handling facilities. Mortenson's bid of $29,699,504 was $1,988,496 less than the amount which had been budgeted for this contract. Work on this project began last June and is expected to be completed in June 1994. This change order will compensate the contractor for adjustments to the quantity of excavation and concrete placement for cylindrical piers at the headworks and main lift station structures. These are long, narrow structures which contain multiple levels that bear on different elevations in the soil. To minimize the potential settling, the contract documents required the contractor to install drilled concrete piers with flared bottoms at various locations. January 28, 1993 Page 80 During the preparation of the plans and specifications, the engineers obtained two soil borings in the area of the headworks structure in order to develop a soils profile to establish the approximate elevation of the bases of the piers. Because of the hills and valleys of the suitable subsurface bearing strata at the construction site, it was not practical or economically feasible for the engineers to determine the precise elevations for all of the piers. Additional core samples could have been obtained, but this would still not have enabled the exact elevation of all the piers to be established. To have precisely determined the exact elevations would have required the total removal of the surface soils, and this would have cost approximately $70,000. Therefore, the specifications provided for an approximate level, with the standard provision that an adjustment in the contract price (increase or decrease) would be done at the appropriate time during construction. Pier drilling operations at the site of the headworks structure revealed that suitable bearing material was located at an elevation higher than that shown on the drawings. Normally, the piers would simply have been shortened. However, in this case, terminating the piers at this higher elevation would have resulted in the pier bells being in conflict with underslab piping and would have made excavation of the grit pump pit unfeasible. Once the need for change was determined, the engineers considered four options: (1) deleting the piers, (2) installation of larger piers without the bells to eliminate flaring in the hard strata, (3) deletion of some piers and replacement with footings, and (4) lengthening the piers down to the next suitable soil layer. For various economic and engineering reasons, the first three options were considered and discarded. The fourth option, to extend the piers as designed to a lower suitable elevation, was selected. In order that the construction not be delayed, the contractor was instructed to implement the selected option. The extension of the piers will increase the contract amount by $38,546. The engineers, city staff, and contractor carefully and thoroughly considered each option. The option to lengthen the piers was selected and implemented since it was the most feasible, economical, and timely. It is now recommended that the City Council formally approve Change Order No. 1 which will compensate the contractor for the additional cost involved. This change order will increase the contract amount by $38,546, and can be funded by project contingency funds. The engineers have reviewed this contract adjustment and have advised that it is justified and reasonable. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4070 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 28, 1993 Page 81 93-52A-81-56 (24.) RESOLUTION #4073 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 Release and Acknowledgment by and between the City of Lubbock and Lubbock Christian College Investment Corporation and Lubbock Christian Institute of Water Research releasing J. E. Hancock and the Estate of Eileen Hancock from any and all obligations incurred as a result of the execution of a Waste Water Lease Agreement dated August 14, 1980, 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 28th day of January, 1993. /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 APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Release and Acknowledgement along with the Exhibits are filed with Resolution No. 4073. City Attorney John Ross told the Council that this is a routine release necessary because the property has been transferred to new owners. The new property owners will be bound by the terms of the original agreement. According to staff memo, sometime prior to August 18, 1980, the Lubbock Christian Institute of Water Research received a grant from the EPA to construct a pipeline from the City of Lubbock to a farm located near Wilson (commonly called Wilson site) to demonstrate the effect of waste water utilization on certain agricultural endeavors. The Lubbock Christian Institute of Water Research approved the City of Lubbock offering to lease property at the Wilson site to dispose of waste water generated by the City of Lubbock. The City of Lubbock needed additional sites for waste water distribution, and entered into this lease on August 14, 1980. January 28, 1993 Page 82 The owners of the property leased to the City of Lubbock were J.E. and Eileen Hancock. They executed the original lease because the City of Lubbock required the lease to be a covenant running with the land and binding on the landowners. Mr. and Mrs. Hancock later transferred ownership of this property to the Lubbock Christian University Endowment Foundation Trust. In addition, Mrs. Hancock has passed away and there is a need to conclude her estate. In this document, the City releases J.E. Hancock and the estate of his wife, Eileen Hancock, from any obligations assumed under the 1980 Waste Water Lease Agreement, and Lubbock Christian College Investment Corporation agrees to assume any and all of the obligations of the Hancocks. In addition, the Lubbock Christian University Endowment Foundation Trust acknowledges that the interest that they have acquired from the Hancocks in the property remains subject to the covenant running with the land in the original Lease Agreement. It appears that the City is adequately protected in this transaction by the assumption of the obligations of the Hancocks by the Lubbock Christian College Investment Corporation and the agreement by the Endowment Trust to be bound by the terms of the prior Lease Agreement. Therefore, Staff recommended execution of the release agreement. Motion was made by Councilmember Ince, seconded by Mayor Pro Tem Trejo to authorize Resolution #4073 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-82-57 (25.) Consider Resolution #4071 regarding proposed rates charged by Lubbock Power and Light. RESOLUTION #4071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING A TARIFF FILED BY LUBBOCK POWER AND LIGHT ON JANUARY 20, 1993, AND EFFECTIVE FEBRUARY 1, 1993, IN CONNECTION WITH THE DFAS PROJECT. WHEREAS, Lubbock Power and Light has filed an application for a change in tariffs with regard to the proposed DFAS project to be effective on the 1st day of February, 1993; and WHEREAS, the City Council finds such tariff to be reasonable and in the best interest of the citizens of the City of Lubbock upon consideration of all matters involved; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the new Federal Power Service tariff (No. 5.0) submitted by Lubbock Power and Light and attached hereto is hereby approved and may be implemented effective February 1, 1993; and January 28, 1993 Page 83 THAT said new tariff shall be filed with the City Secretary of the City of Lubbock in accordance with Section 9-17 of the Code of Ordinances of the City of Lubbock, Texas. Passed by the City Council of the City of Lubbock this 28th day of January 1993. /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/Utilities APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney FEDERAL POWER SERVICE TARIFF NUMBER 5.0 APPLICABLE: To federal general lighting and power service for facilities in excess of $500,000 per year total power cost within a contiguous area. RATE: All KWH used per month @ 3.7 cents per KWH. FUEL COST ADJUSTMENT: The charge per kilowatt hour of the above rate shall be adjusted by a fuel cost factor per kilowatt hour calculated in accordance with Southwestern Public Service current Tariff 7100. TAX ADJUSTMENT: (Applicable to sales inside corporate limits): Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees or charges (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of service, as the result of any new or amended laws after February 1, 1993. OTHER: The Lubbock Power and Light and Southwestern Public Service Company rate is the same for this class of service. EFFECTIVE DATE: February 1, 1993. Joel Beesinger, Utility Development Specialist with Lubbock Power and Light, explained the new Federal Power Service rate that LP&L designed to meet the needs of the DOD project. He told the Council that the new rate is designed to be competitive under the parameters of the DOD guidelines, though LP&L still believes its existing rate structure will better serve the needs of the facility. Mayor Langston congratulated Carroll McDonald of LP&L and Jake Webb of Southwestern Public Service for their willingness to work together on the DOD proposal. January 28, 1993 Page 84 According to staff memo, the Department of Defense has prepared a set of forms to determine the operating costs for a possible Accounting Center in Lubbock. These forms require the various utilities to estimate costs based upon parameters which are more typical of an older building in the hot, humid Washington, D.C. area. These parameters have created a situation in which the electric rates charged in Lubbock appear to be higher than those for several of the other cities under consideration for this facility. Based upon our analysis of the load characteristics and Lubbock climate, we believe the existing "Large General Service Rate" will in fact be the lowest available rate. In order to keep Lubbock competitive with these cities, Lubbock Power and Light (LP&L) is asking for a "Federal Power Service" rate that will make Lubbock very competitive with the other cities using the DOD environmental parameters and provide a cost ceiling to the facility. The Federal Power Service Rate will average six cents per kilowatt hour (6t/KWH) usage. LP&L's top ten customers are presently paying less than the costs shown under the proposed "Federal Power Service" rate. Large customers typically vary only slightly in their power usage. LP&L's top customers qualify for lower rates because of the consistent level of power usage, which allows LP&L to provide more economical service. The factors required for use in the DOD facility create a very unbalanced load (high power requirements for short time periods). We anticipate this load to perform more closely to our existing large customer usages. LP&L recommended that the City Council approve the proposed "Federal Power Service" rate which will enable Lubbock to remain competitive with other cities when using the required DOD cost evaluation parameters. Southwestern Public Service Company agrees with this recommendation and intends to apply for the same tariff at a later date. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4071 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-84-58 (26.) Consider Ordinance #9583 setting the date and ballot propositions for a Capital Improvements bond election. ORDINANCE #9583 AN ORDINANCE ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF LUBBOCK, TEXAS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. Robert Massengale and Jim Bertram presented the staff comments and reviewed the discussion of the election at the January 14 and January 28 work session. They noted specifically the changes detailed below in the street improvements, airport improvements, and parks improvements proposals. January 28, 1993 Page 85 According to staff memo, at the January 14, 1993 work session, the City Council agreed to pursue a capital improvements bond election to be scheduled sometime during May 1993. In order to allow sufficient time for bond counsel to prepare the necessary documentation and the United States Justice Department to review the ballot, the City Council will need to set a date and pass the first reading of an ordinance calling for the May bond election at the January 28, 1993 regular City Council meeting. A copy of the latest proposed ballot, which has a total of ten propositions, was forwarded to bond counsel, Fulbright and Jaworski. Staff requested an opinion regarding the possibility of further combining selected projects from the CAC recommendation. Bond counsel responded that further combining any of the ten propositions would violate the prohibition on submitting dual propositions. Also at the January 14, 1993 work session, City Council revised the C.I.P. recommendation by removing the Quaker Avenue drainage project and referring this project to the Stormwater Advisory Committee. The Council then transferred the $4,178,000 targeted for the Quaker Avenue drainage project to the street improvements proposition. This raised the dollar amount for the street improvements proposition to $10,171,000. Council also removed the proposed airport parking lot project, which totalled $450,000. This lowered the airport proposition to $2,550,000. Finally, Council added Phase One of the Mackenzie Park Redevelopment project, which is projected to cost $935,000. This increased the park improvement proposition to $5,385,859. These changes resulted in a total tax -supported bond issue of $27,443,855, and a total self -supported issue of $3,251,100. Based on the latest information included in the Capital Improvements Program, the property tax impact if all these projects are approved would be 6.32t. The City Council also needs to understand there are substantial operating costs associated with these projects. The property tax impact of implementing the increased operations and maintenance costs related to the proposed projects is 1.93t. This is a peak total of 8.25¢ which will be required to be added to the present tax rate. Staff had recommended City Council approve the election ballot and select a date for the proposed bond election no earlier than May 12, 1993, subject to any final changes Council may choose to make during work session. However, after some discussion about the date of the election and potential cost savings, Council agreed to hold the bond election as a joint election with Lubbock County on May 1, 1993. Concerning the ballot propositions, Mayor Langston noted that the deletion of the drainage proposition does not mean that the drainage issue is being ignored, it just moves the solution to another source of revenue. Councilmember Ince agreed, noting that other drainage problems in southwest Lubbock also need to be addressed. January 28, 1993 Page 86 Mayor Langston also noted that the deletions, transfers and addition of Mackenzie Park improvements amounted to a net increase of about $500,0000 in the total proposal. Councilmember Neugebauer expressed hope that the citizens of Lubbock realize that this bond proposition is a community enhancement package of items that Lubbock needs to continue to be competitive. Motion was made by Councilmember Neugebauer, seconded by Councilmember Aderton to pass on first reading Ordinance #9583, calling a joint election to be held May 1, 1993, with the understanding that there will be some revisions to the ordinance before second reading. Motion carried: 7 Yeas; 0 Nays. 93-52A-86-59 (27.) Consider Resolution #4072 in support of the State's Smart Jobs Fund to assist Texas business with Job training. RESOLUTION #4072 WHEREAS, the City of Lubbock believes it is vital to the economic development of our state to create new jobs through locations, expansions and retentions of primary income -producing industry and the enhancement of diverse investment opportunities which expand the state's tax base; and WHEREAS, the City of Lubbock recognizes that the quality of the state's labor force is one of the most important considerations in the location and expansion of industry; and WHEREAS, existing Lubbock businesses as well as those businesses targeted by the City such as the Department of Defense Finance and Accounting Services Center for relocation need well -trained employees; and WHEREAS, the availability of State customized training funds for projects such as the Department of Defense Finance and Accounting Services Center (DFAS) is regarded as an essential incentive for securing the 4,500-employee center with an annual payroll of $140,000,000 and an economic impact on the State of Texas of $547,000,000; and WHEREAS, Governor Richards has committed to do everything in her power to assist in bringing this DFAS Center to Texas including committing available funds from the Smart Jobs program for the Defense Finance and Accounting Services project; and WHEREAS, the City of Lubbock must certify, prior to February 15, 1993, that funds from the "Smart Jobs Fund", allocated to the City of Lubbock for job training in connection with the proposal submitted to the U.S. Department of Defense to locate a Finance and Accounting Service Center in Lubbock, Texas, have been approved; NOW, THEREFORE: BE IT RESOLVED that the Mayor and City Council for the City of Lubbock supports the efforts of the Governor to develop a state fund to assist Texas businesses in training the work force of the future by providing financial incentives to create new high -skill, high -wage jobs for Texas. January 28, 1993 Page 87 BE IT FURTHER RESOLVED that the Mayor and Council will support the Governor and the Texas Department of Commerce in developing the "Smart Jobs Fund" initiative and will further assist in educating the public as to the importance of such a program. BE IT FURTHER RESOLVED that the Mayor and Council urge the Legislature to enact, prior to February 15, 1993, necessary legislation creating and funding the "Smart Jobs Fund" so that this action may be certified to the U.S. Department of Defense. Passed by the City Council this 28th day of January, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Sally Still Abbe Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Director of Business Relations Rod Ellis told the Council that passing this resolution would make Lubbock the first city on record supporting it. The Smart Jobs legislation sets up a $50 million trust fund from TEC taxes for customized job training for new or existing businesses. The fund would be the second largest in the United States. The Smart Jobs fund is proposed by Governor Richards to assist Texas businesses in training the work force of the future and provide financial incentives to create new high -skill, high -wage jobs for Texas. Texas businesses need state training assistance to help their employees upgrade their skills so they can compete in a global marketplace. There is no federal worker program to assist them in competitiveness training because federal programs assist only unemployed workers. The Smart Jobs Fund will be an innovative financial incentive the State of Texas can offer new and existing businesses. It is designed to create and retain jobs by assisting private companies. Because the fund will be used for adult worker training and retraining, it can also be used as a financial incentive for companies to move to Texas. Administrative costs for the Fund would be held at a minimum so that most of the dollars go directly toward worker training. The Smart Jobs fund will be financed by diverting one -tenth of one percent from the state's Unemployment Insurance Tax, providing $50 million per year to the fund. This will not compromise the integrity of the Unemployment Insurance Trust Account because the $50 million will be available only after ensuring the Trust Fund's solvency. January 28, 1993 Page 88 To help existing Texas businesses be more competitive, the Fund will pay for training and retraining for their employees. Matching grants will go to Texas businesses for training of new workers or upgrading of existing workers' skills for jobs that pay the local labor market annual average wage or better. As an incentive for new business to expand or locate in Texas, the Fund will offer matching grants to pay for new job training or on-the-job training. A worker will not have to be unemployed to receive the assistance, but there will be an incentive if the training results in removing a person from public assistance. There will be a special assistance set aside to finance the conversion necessary to implement workplace innovation training for Texas companies losing defense industry contracts. The current Work Force Development Incentive Program of the Texas Department of Commerce will be rolled into the new Smart Jobs Fund. Traditionally, this type of customized industrial training is contracted for by state educational or technical institutions. Community and technical colleges around the state are fully capable of providing the most up-to-date, cutting edge industrial training. However, on-the-job training could be contracted for by the company creating the new jobs if their expertise and training capabilities meet state standards. The Governor has earmarked a portion of the Smart Jobs Fund to provide training for the DFAS workers. Therefore, the Staff recommended that Council demonstrate support for the Smart Jobs legislation by passing this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4072, to include the following: (1) that passage is needed by February 15 and (2) that specific bill, numbers are mentioned in the text of the resolution. Motion carried: 7 Yeas; 0 Nays. 93-52A-88-60 (29.) BID #12277--Trucks (Fleet Services). Robert Massengale presented the staff comments for this routine bid item. Summit White GMC, Dallas--1 ea. S-610, Cab & Chassis, 64,000 GVWR. South Plains International Trucks--1 ea. S-622, Cab & Chassis, 33,000 GVWR. Shamrock Chevrolet and Geo--2 ea. S-507, Cab & Chassis, 14,500 GVWR; 1 ea. S-616, Cab & Chassis, 31,000 GVWR; 1 ea. S-625, Cab & Chassis, 33,000 GVWR; 1 ea. S-629, Cab & Chassis, 35,000 GVWR; 3 ea. S-704, Cab & Chassis, 33,000 GVWR. Gene Messer Ford, Inc.--2 ea. S-606, Cab & Chassis, 28,000 GVWR; 8 ea. S-608, Cab & Chassis, 56,000 GVWR; 1 ea. S-609, Cab & Chassis, 50,000 GVWR; 3 ea. S-623, Cab & Chassis, 28,000 GVWR; 1 ea. S-626, Cab & Chassis, 35,000 GVWR. January 28, 1993 Page 89 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Council returned to work session at 11:53 a.m. After completion of work session at 1:13 p.m., Council went into executive session. 93-52A-89-61 (28.) 93-52A-89-62 (30.) Hold an executive session, in accordance with Article 6252-17, Section 2(g), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Civil Service Commission Plumbing Board Permit and License Appeal Board Mayor Langston reconvened the regular meeting at 2:30 p.m. 93-52A-89-63 (31.) Consider one appointment to the Civil Service Commission to replace Jim Gorsuch, who resigned. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Beni Hemmeline to the Civil Service Commission. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Trejo, Councilmember Aderton, and Councilmember Cooke absent from the Council Chambers. 93-52A-89-64 (32.) Consider one appointment to the Plumbing Board. Sam Reyes declined appointment. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Arnold Mincey, Jr. to the Plumbing Board. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Trejo, Councilmember Aderton, and Councilmember Cooke absent from the Council Chambers. 93-52A-89-65 (33.) Consider one appointment to the Permit and License Appeal Board. D.C. Kinner declined appointment. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to appoint Ann Reese to the Permit and License Appeal Board. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Trejo, Councilmember Aderton, and Councilmember Cooke absent from the Council Chambers. January 28, 1993 Page 90 There being no further business to come before Council, motion was made by Councilmember Ince, seconded by Co tuber Patterson to adjourn the meeting at 2:32 p.m. Motion car ied! 4 as; 0 Nays --Mayor Pro Tem Trejo, Councilmember Aderton, and Co ncilmember Coole-�enfrom the Council Chambers. ATTEST: CL- U(__ Sally Stil Abbe Acting City Secretary Read and approved this the 11th day ATTEST: Sally Sti Abbe Acting City Secretary