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