HomeMy WebLinkAboutMinutes - City Council - Regular - 5/13/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MAY 13, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 13th day of May, 1993 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston, Mayor Pro Tem Maggie Trejo,
Councilmember T. J. Patterson, Councilmember Randy Neugebauer,
Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager
Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty
Johnson.
Absent: Councilmember M. J. Aderton.
Mayor Langston called the meeting to order at 10:19 A.M.
( 1.) The Invocation was given by Bob Cass, Acting City
Manager.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Board Appointments
( 4.) Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to approve the minutes of the
April 22, 1993 Regular City Council Meeting and the
May 5, 1993 Special City Council Meeting as written.
Motion carried: 6 Yeas; 0 Nays.
93-52A-393-308
( 5.) Consider Resolution #4134 accepting paving
improvements constructed by Williams and Peters
Construction Co., in Pheasant Run Addition, Tract
E
RESOLUTION #4134
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Tract E, Pheasant Run Addition, made arrangements with Williams & Peters
Construction Company, Inc. for the construction of paving improvements
on certain streets dedicated in said subdivision under the provisions of
said Code prior to the recording of the subdivision plat for the
above -mentioned Addition including the following streets:
The East half of Iola Avenue from the centerline of 79th
Street to the centerline of 82nd Street, known and
designated as New Subdivision Sub -Unit Number 45 of Unit
Number 2035.
Reconstruction of the intersection of 81st Street and Huron
Avenue, known and designated as New Subdivision Sub -Unit
Number 46 of Unit Number 2035.
May 13, 1993
Page 394
Drainage improvements from 81st Street to 82nd Street in
line with Huron Avenue, known and designated as New
Subdivision Sub -Unit Number 47 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of Chapter 25 of
the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Subdivider of
acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street paving and curb and
gutter on:
The east half of Iola Avenue from the
centerline of 79th Street to the
centerline of 82nd Street.
Reconstruction of the intersection at 81st
Street and Huron Avenue.
Construction of drainage improvements from
81st Street to 82nd Street in line with
Huron Avenue.
There is no City cost due the contractor upon this
acceptance. Staff recommended acceptance of these
improvements.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4134
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 395
93-52A-395-309
( 6.) Consider Resolution #4135 accepting paving
improvements constructed by Jarcon in Shadow Hills
Addition, Tracts "G", "H", and "I".
RESOLUTION #4135
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
ALLEYS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Tracts G, H, and I, Shadow Hills Addition, made arrangements with JARCON
for the construction of paving improvements on certain streets and
alleys dedicated in said subdivision under the provisions of said Code
of Ordinances prior to the recording of the subdivision plat of the
above -mentioned Addition including the following streets and alleys:
Genoa Avenue from 60 feet North of the North lip line of 2nd
Street to the cul-de-sac North of 2nd Street, known and
designated as New Subdivision Sub -Unit Number 19 of Unit
Number 2034.
Alley paving in the East-West alley North of 2nd Street from
the East side of Genoa Avenue to the West property line of
Frankford Avenue, known and designated as New Subdivision
Sub -Unit Number 20 of Unit Number 2034.
WHEREAS, the construction of the above improvements on the
above -mentioned streets and alleys was performed under the supervision
of the City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of Chapter 25
of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets and alleys BE and the same are hereby accepted
and the City Engineer BE and he is hereby authorized to notify the
Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
May 13, 1993
Page 396
According to staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street and alley paving and
curb and gutter on:
Genoa Avenue from 60 feet north of the
north lip line of 2nd Street to the
cul-de-sac north of 2nd Street.
Alley paving north of 2nd Street from the
east side of Genoa Avenue to the west lip
line of Frankford Avenue.
There is no City cost due the contractor upon this
acceptance. Staff recommended acceptance of these
improvements.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4135
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-396-310
( 7.) Consider Resolution #4136 authorizing the Mayor to
sign the cover sheet of the TxDOT plans to replace
guard fence on East Loop 289.
RESOLUTION #4136
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock the
Cover (Title) Sheet of the Texas Department of Transportation plans to
remove and replace guard fence on portions of East Loop 289, being State
Highway Projects CD 783-1-68, CD 783-1-69, CD 783-2-63, CD 131-1-44 and
CD 131-8-12.
Passed by the City Council this 13th day of May, 1993.
Ls/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, this is a routine approval
of a TxDOT cover sheet. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4136
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 397
93-52A-397-311
( 8.) Consider Resolution #4137 accepting improvements
constructed by Ronnie Zahn Paving, in King's Park
Addition, Lots 39-131 and Tract 0.
RESOLUTION #4137
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
ALLEYS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Lots 39-131 and Tract Q, King's Park Addition, made arrangements with
Ronnie Zahn Paving, for the construction of paving improvements on
certain streets and alleys dedicated in said subdivision under the
provisions of said Code prior to the recording of the subdivision plat
of the above -mentioned Addition and alleys including the following
streets and alleys:
75th Street from the East right-of-way line of a 100 foot
drainage channel to the cul-de-sac East of Nashville Avenue,
known and designated as New Subdivision Sub -Unit Number 32
of Unit Number 2035.
75th Street from East end of radius of the alley return East
of Norwood Avenue to the East right-of-way line of a 100
foot drainage channel, known and designated as New
Subdivision Sub -Unit Number 33 of Unit Number 2035.
75th Place from face of curb on Memphis Avenue to the
cul-de-sac West of Nashville Avenue, known and designated as
New Subdivision Sub -Unit Number 34 of Unit Number 2035.
76th Street from face of curb on Memphis Avenue to the
cul-de-sac West of Miami Avenue, known and designated as New
Subdivision Sub -Unit Number 35 of Unit Number 2035.
77th Street from cul-de-sac West of Miami Avenue to the
cul-de-sac East of Miami Avenue, known and designated as New
Subdivision Sub -Unit Number 36 of Unit Number 2035.
Miami Avenue from the North lip line of 77th Street to the
South lip line of 76th Street, known and designated as New
Subdivision Sub -Unit 37 of Unit Number 2035.
Miami Avenue from the North lip line of 76th Street to the
South lip line of 75th Place, known and designated as New
Subdivision Sub -Unit Number 38 of Unit Number 2035.
Nashville Avenue from the North lip line of 75th Place to
the South lip line of 75th Street, known and designated as
New Subdivision Sub -Unit Number 39 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets and alleys was performed under the supervision
of the City Engineer, and said improvements have been completed and
have been inspected and found to have been constructed in accordance
with City specifications and in accordance with the provisions of
Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets and alleys BE and the same are hereby accepted
and the City Engineer BE and he is hereby authorized to notify the
Developer of acceptance by the Lubbock City Council.
May 13, 1993
Page 398
SECTION 2. THAT this Resolution shall take effect and be in force
from and after the date of its passage.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
According to staff memo, this is a routine
acceptance of paving improvements required at the
time of platting this new subdivision. These
improvements consist of street and curb and gutter
on:
75th Street from the east side of a 100
foot drainage channel to the cul-de-sac
east of Nashville Avenue.
75th Street from the alley return east of
Norwood Avenue to the east side of a 100
foot drainage channel.
75th Place from Memphis Avenue to the
cul-de-sac west of Nashville Avenue.
76th Street from Memphis Avenue to the
cul-de-sac west of Miami Avenue.
77th Street from the cul-de-sac west of
Miami Avenue to the cul-de-sac east of
Miami Avenue.
Miami Avenue from 77th Street to 76th
Street.
Miami Avenue from 76th Street to 75th
Place.
Nashville Avenue from 75th Place to 75th
Street.
There is no City cost due the contractor upon this
acceptance. Staff recommended acceptance of these
improvements.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4137
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 399
93-52A-399-312
( 9.) Consider Resolution #4138 authorizing the Mayor to
sign a contract with the Texas Department of Housing
and Community Affairs to assist the homeless.
RESOLUTION #4138
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 Grant
Application and all related documents by and between the City of Lubbock
and the Texas Department of Housing and Community Affairs for services
to homeless individuals during 1993-94, 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 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
APPROVED AS TO FORM:
�.. /s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Grant Application is filed with Resolution No. 4138.
According to staff memo, the State of Texas will
receive $979,637 from the U.S. Department of Health
and Human Services (HHS) for the FY 1993 Emergency
Community Services Homeless Grant Program (EHP).
This grant will be administered by the Texas
Department of Housing and Community Affairs (TDHCA)
under the provisions of Subtitle D of Title VII of
the Stewart B. McKinney Homeless Assistance Act
(Public Law 100-77) and the McKinney amendments
(Public Law 100-628 and Public Law 101-645).
The City of Lubbock will be awarded $12,963 to
administer the EHP Grant, a reduction of $2,624 from
last year. These funds are available from April 1,
1993 to March 1, 1994. This purpose of this grant
is primarily to assist in the prevention of
homelessness. The funding of this year's grant will
assist 120 individuals with the following services:
rent, food vouchers to be redeemed at the South
Plains Food Bank, bus passes purchased from Citibus,
and resource and referral. One thousand dollars
($1,000) is to be allocated towards the
co-sponsorship of the homeless conference to be
sponsored through the Lubbock Homeless Consortium.
May 13, 1993
Page 400
Since this grant has been drastically reduced, staff
is eliminating a position which will release $4,677
for direct -services and assigning the above services
to the outreach office. This grant will require a
part-time (temporary) individual to assist with the
distribution of services; however, funding will be
used from the operating grant. Since this grant
meets the community needs, staff recommended
approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4138
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-400-313
(10.) Consider the price and conditions of sale of Parcel
Number 54410-9-2 at 2901 2nd Street in the Arnett
Benson area.
According to staff memo, this is a routine sale of
property by the Urban Renewal Agency to Joe A.
Cardenas and wife, Helen Cardenas, for $125. This
remnant lot will be used for adding onto adjoining
property.
This proposed sale is submitted as authorized by the
Urban Renewal Board of Commissioners to sell remnant
lots acquired from the purchase of right-of-way for
the widening of Detroit Avenue. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to accept the price and
conditions of sale of Parcel Number 54410-9-2 at
2901 2nd Street in the Arnett Benson area as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 401
93-52A-401-314
(11.) Consider amended Resolution #4139 which authorizes
the City Manager to approve an application for a
State administered, federally funded grant for the
continuation of the South Plains Regional Narcotics
Task Force.
RESOLUTION #4139
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Grant Application and related documents for State and Federal
Assistance for the South Plains Regional Narcotics Task Force and that
the City Council hereby agrees to a cash match of $118,766 from the City
to fund 25% of the Project, as required by the State of Texas in order
to be eligible to receive such State and Federal Assistance.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Donald R. Bridgers
Donald R. Bridgers, Chief of Police
APPROVED AS TO FORM:
Ls/ Harold Willard
Harold Willard, Assistant City
Attorney
Mr. Jimmy Willborn, Director of the Texas Narcotic
Control Program for the Office of the Governor, has
requested the 25% cash match figure be added into a
previous resolution. The resolution has been
amended to add an agreement by the City Council to a
cash match of $118,766, or 25% of the project cost.
This figure was included on the original grant
application but not in the initial resolution.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4139
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-401-315
(12.) Consider request of White Knights Limousine Service
for renewal of a limousine permit.
This item was deleted from the agenda.
May 13, 1993
Page 402
93-52A-402-316
(13.) ORDINANCE #9460--Abandoning and closing a portion of
Huron Avenue in Section 29, Block A-K (8101 Huron).
ORDINANCE #9460
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF HURON AVENUE
LOCATED IN SECTION 29, BLOCK A-K, TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
93-52A-402-317
(14.)
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9460 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
Addition.
ORDINANCE #9607
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2118-U; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR TENNIS COURTS TO R-1
SPECIFIC USE FOR GARDEN HOMES ON LOT B-1-C, LAKERIDGE COUNTRY CLUB
ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY; 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 #9607 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
(15.) ORDINANCE #9608--Zone Case #1893-R (north of 3rd
Street and west of Frankford Avenue) --Request of
David Goyette (for Gene Kenney) for a zoning change
from C-2A to A-1 on a portion of Tract C, Shadow
Hills Addition.
ORDINANCE #9608
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-R; A ZONING CHANGE FROM C-2A TO A-1 ZONING ON A PORTION OF TRACT C,
SHADOW HILLS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; 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 #9608 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 403
93-52A-403-319
(16.) ORDINANCE #9609--Zone Case #1927-B (2601 19th
Street) --Request of Carlton M. Godbold for a zoning
change from C-3 Specific Use to C-2 Specific Use on
the north 234 feet of the west 79.3 feet of Lot 2.
the north 234 feet of the east 27 feet of Lot 3, the
west 94 feet of the south 129 feet of Lot 4, the
west 83.5 feet of the south 141 feet of Lot 3, the
north 234 feet of the east half of Lot 1, the north
234.7 feet of the west half of Lot 1, the north 234
feet of the east 31 feet and 2 inches of Lot 1, the
north 234 feet of the east 31 feet and 2 inches of
Lot 2, Block 7, Ellwood Place Addition.
ORDINANCE #9609
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1927-B; A ZONING CHANGE FROM R-3 AND C-3 SPECIFIC USE TO C-2 SPECIFIC
USE FOR ALL PERMITTED C-2 USES PLUS THEATRE AND STAFF OR VISITING ARTIST
LIVING QUARTERS ON THE NORTH 234 FEET OF THE WEST 79.3 FEET OF LOT 2,
THE NORTH 234 FEET OF THE EAST 27 FEET OF LOT 3, THE WEST 94 FEET OF THE
SOUTH 129 FEET OF LOT 4, THE WEST 83.5 FEET OF THE SOUTH 141 FEET OF LOT
3, THE NORTH 234 FEET OF THE EAST HALF OF LOT 1, THE NORTH 234.7 FEET OF
THE WEST HALF OF LOT 1, THE NORTH 234 FEET OF THE EAST 31 FEET AND 2
INCHES OF LOT 2; BLOCK 7, ELLWOOD PLACE ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9609 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
93-52A-403-320
(17.) ORDINANCE #9610--Zone Case #1893-0 (525 N. Frankford
Avenue) --Request of Bill Sisson for a zoning change
from R-1 Specific Use to C-2 on Tract B-2, Shadow
Hills Addition.
ORDINANCE #9610
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-Q; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-2 ZONING ON TRACT
B-2, SHADOW HILLS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
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 #9610 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 404
93-52A-404-321
(18.) ORDINANCE #9611--Correcting metes and bounds
description of enterprise zone boundary.
ORDINANCE #9611
AN ORDINANCE AMENDING ORDINANCE NO. 9591 OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO THE METES AND BOUNDS DESCRIPTIONS OF LUBBOCK SOUTH
ENTERPRISE ZONE AND LUBBOCK NORTH ENTERPRISE ZONE; PROVIDING AN
AMENDMENT TO THE AREA OF LUBBOCK NORTH ENTERPRISE ZONE; PROVIDING AN
AMENDMENT TO THE CENSUS TRACT DESCRIPTION OF LUBBOCK NORTH ENTERPRISE
ZONE; PROVIDING A SAVING 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 #9611 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
*1%Ta_Q[IiIS1F4 P:
(19.) ORDINANCE #9613--Authorizing the issuance of CITY OF
LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM
SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION,
SERIES 1993.
ORDINANCE #9613
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1993; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SEWER
SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND
DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to pass on second and final
reading Ordinance #9613 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
93-52A-404-323
(20.) BID #12478--High voltage cable (Central Warehouse)
Cablec Utility, Inc., Grand Prairie--30,000' cable
in duct #1/0 AL 15KV; 5,000' cable #4/0 AL 15KV;
20,000' cable #1/0 AL 15 KV.
Cummins Supply, Amarillo--64,000' Triplex cable in
duct.
Techline, Inc., Amarillo--2,500' flexible duct 1-
1/2" HDPE.
Temple, Inc.--30,000' service cable #4 AL Triplex;
5,000' cable #4/0 CU Use 600V.
Westinghouse Electric Supply--10,000' OF cable #12/2
Copper.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 405
93-52A-405-324
(21.) BID #12481--Composting kits (Solid Waste).
C.E. Shepard Co., Inc., Houston--1,000 ea.
Composting kits.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-405-325
(22.) BID #12490--Waste oil collection tanks (Solid
Waste).
Kosmos Recycling, Lake Mary, FL--18 ea. waste oil
collection tanks.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-405-326
(23.) BID #12510--Park equipment for Rodgers Park (Parks
and Recreation).
Iron Mountain Forge, Laredo
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 406
93-52A-406-327
(24.) BID #12521--Citibus Downtown Transfer Plaza, and
authorize same (Citibus).
RESOLUTION #4140
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 Monterey Construction
Company to provide new construction of Citibus Transfer Plaza, 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 13th day of May, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, 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 13th day of May, 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 Monterey Construction
Company of the City of Wolfforth, County of Lubbock, 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. 12521--Citibus Downtown Transfer Plaza (Citibus) in the amount
of $1,166,170.00
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.
May 13, 1993
Page 407
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson Ls/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Monterey Construction Co., Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Monterey Construction Co.
P.O. Box 630
Wolfforth, Texas 79382
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4140
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 408
93-52A-408-328
(25.) BID #12523--Utility relocation for Citibus Transfer
Plaza, and authorize same (Citibus).
RESOLUTION #4141
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 Utility Contractors
Incorporated of America to provide utility relocation, Citibus Transfer
Plaza, 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 13th day of May, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, 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 13th day of May, 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 Utility Contractors
Incorporated of America of the City of Lubbock, County of Lubbock, 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. 12523--Utility Relocation for Citibus Transfer Plaza (Citibus)
in the amount of $49,974.30
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.
May 13, 1993
Page 409
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Utility Contractors of America, Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Utility Contractors of America, Inc.
5520 Brownfield Highway
Lubbock, Texas 79407
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4141
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 410
93-52A-410-329
(26.) BID #12526--Maxey Community Center roof replacement,
and authorize same (Parks and Recreation).
RESOLUTION #4142
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 Texas Roofing to provide
roof replacement for the Maxey Community Center, 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 13th day of May, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, 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 13th day of May, 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 Texas Roofing of the City
of Lubbock, County of Lubbock, 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. 12526--Maxey Community Center Roof Replacement (Parks &
Recreation) in the amount of $18,991.00
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.
May 13, 1993
Page 411
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
/s/ Texas Roofing
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Texas Roofing
P.O. Box 2156
r
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4142
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-411-330
(27.) BID #12527--Portable trash pump (Fleet Services).
Barco, Bartholow Rental Co., Dallas --I ea. Trash
pump, portable Spec 930.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-411-331
(28.) BID #12534--PVC pipe (Central Warehouse).
0&R Utilities, Inc., Odessa--3,500' 12" PVC pipe C-
900.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 412
93-52A-412-332
(29.) BID #12540--Traffic signal cable relocation, and
authorize same (Citibus).
RESOLUTION #4143
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 Artex Electric Company
to provide traffic signal cable relocation for Citibus Transfer Plaza,
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 13th day of May, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, 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 13th day of May, 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 Artex Electric Company of
the City of Lubbock, County of Lubbock, 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. 12540--Traffic Signal Cable Relocation (Citibus) in the amount
of $38,456.00
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.
May 13, 1993
Page 413
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Artex Electric Company
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Artex Electric Co.
3508 Avenue J
Lubbock, Texas 79412
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4143
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 414
93-52A-414-333
(30.) BID #12542--ACM Abatement at Citibus Transfer Site,
and authorize same (Citibus).
RESOLUTION #4144
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 ASAI/Roche Newton and
Company to provide ACM Abatement at Citibus Transfer Site for Citibus,
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 13th day of May, 1993.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, 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 13th day of May, 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 ASAI/Roche Newton and
Company of the City of Lubbock, County of Lubbock, 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. 12542--ACM Abatement Existing Buildings at Citibus Transfer Site
in the amount of $12,345.00
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.
May 13, 1993
Page 415
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
Ls/ Betty M. Johnson Ls/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Name Not Legible /s/ Don Vandiver
ATTEST:
Secretary
ASAI/Roche Newton and Company
CONTRACTOR
By: /s/ Name Not Legible
TITLE: Vice -President
COMPLETE ADDRESS: Asai/Roche Newton and Co.
P.O. Box 1049
Lubbock, Texas 79408-1049
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4144
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-415-334
(31.) BID #12544--Various hydraulic tools (Water
Utilities).
Commercial Body, Inc., Arlington--1 ea. hydraulic
cut-off saw; 1 ea. hydraulic pump; 1 ea. hydraulic
pavement breaker; 1 ea. hydraulic trash pump.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-415-335
(32.) BID #12545--Welders and plasma cutter (various
departments).
Lubbock Welding Supply--1 ea. Electric Arc Welder
200 Amp AC/DC; 1 ea. Plasma Cutter.
Airco Welding Supply--1 ea. Welding Power Source 250
AMP DC Spec 996.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 416
93-52A-416-336
(33.) BID #12547--Substation batteries, racks and chargers
(Electric Distribution).
Texas Battery
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-416-337
(34.) BID #12548--Annual pricing for Applied Nitrogen
Fertilizer (Land Application Site).
Kitten Fertilizer, Inc.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-416-338
(35.) BID #12592--GIS Workstations (Information Services).
Intergraph Corp., Dallas
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
93-52A-416-339
(37.) Consider Resolution #4145 declaring a public
necessity for paving improvements in portions of
alleys, and directing the City Engineer to prepare
plans and specifications for such improvements.
RESOLUTION #4145
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG
THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT public necessity exists that the following
portions of alleys in the City of Lubbock and along the boundaries
thereof be improved as herein provided, to -wit:
The North -South alley between York Avenue and Wayne Avenue
from 4th Street to York Avenue.
The North -South alley between York Avenue and Zoar Avenue
from 4th Street to York Avenue.
SECTION 2. THAT said portions of the above -described alleys shall
be improved by raising, grading and filling same, and by installing a
ten (10) foot wide, 5" minimum depth reinforced concrete strip in the
center of the alley right-of-way.
SECTION 3. THAT the City Engineer is hereby directed to prepare
plans and specifications for such improvements.
May 13, 1993
Page 417
SECTION 4. THAT such improvements in each unit shall be paid for
in the following manner:
(a) The abutting property and the owners thereof shall pay
and shall be assessed for a part of the cost of such
improvements in the following manner: All property
will be assessed ninety percent (90%) of the total
construction cost. Said abutting property and the
owners thereof shall pay and be assessed for the cost
of constructing alley paving improvements as specified
above, provided, that if it shall appear at the
hearing to be had before final assessment is made,
that the special benefits to such property by way of
enhancement value thereof by means of such
improvements will not aggregate to such proportion of
the cost as specified above, then there shall be
assessed and be paid by such abutting property and the
owners thereof a lesser amount not to exceed such
special benefits.
(b) The remaining cost of said improvements after
deducting the sums finally assessed against abutting
property and the owners thereof under subparagraph (a)
above shall be paid by the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by
the abutting property and the owners thereof shall be payable in five
(5) equal installments, the first of which shall become due on or before
twenty (20) days after completion and acceptance by the City Council of
the improvements in the unit on which the property abuts; the second,
third, fourth and fifth installments shall become due one, two, three
and four years respectively after completion and acceptance by the City
Council of the improvements in the unit upon which the property abuts,
and shall bear interest from the date of completion and acceptance until
` paid, at the rate of eight percent (8%) per annum on alley improvements,
payable annually, with provisions that if default be made in the payment
of any installment promptly as the same matures, then, at the option of
the holder of such assessment of certificate issued in evidence thereof,
such default shall mature the entire assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall
be a first prior lien and personal liability for principal, interest,
reasonable attorney's fees, and costs of collection, if incurred, all
under and in accordance with the City of Lubbock Charter and amendments
thereto, now in force in this City, and in accordance with the
provisions of Vernon's Ann.Civ. Stat. Article 1105b.
SECTION 7. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
May 13, 1993
Page 418
This resolution is the first of five resolutions
required to initiate an assessment paving program
and is in response to petitions presented by the
abutting property owners requesting the construction
of alley paving improvements as follows:
1. The north -south alley between York
Avenue and Wayne Avenue from 4th
Street to York Avenue. The petition
for this alley was signed by 63% of
the affected property owners.
2. The north -south alley between York
Avenue and Zoar Avenue from 4th
Street to York Avenue. The petition
for this alley was signed by 77% of
the affected property owners.
On assessment paving programs, the City is required
by State law to participate in a minimum of 10% of
the construction costs associated with these paving
improvements. Staff recommended approval of this
resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Cooke to authorize Resolution #4145,
stipulating that the City pay 10% and homeowners pay
90%. Motion carried: 6 Yeas; 0 Nays.
May 13, 1993
Page 419
93-52A-419-340
(38.) Consider Resolution #4146 authorizing the Mayor to
sign an agreement with the Lubbock Housing Finance
Corporation to use federal grant funds under the
Homeownership Single Family Homes Program (HOPE
III .
RESOLUTION #4146
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement with Lubbock Housing Finance Corporation to facilitate
utilization of federal grant funds under the Home Ownership of Single
Family Homes (HOPE 3) Program and to further the common goal of
providing decent housing at affordable prices for low-income and
moderate -income residents of the City of Lubbock. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City
Attorney
AGREEMENT BETWEEN CITY OF LUBBOCK
AND
LUBBOCK HOUSING FINANCE CORPORATION
THIS AGREEMENT, entered this 13th day of May, 1993, by and between
the CITY OF LUBBOCK (herein called "City") and LUBBOCK HOUSING FINANCE
CORPORATION (herein called "LHFC").
WHEREAS, the City and LHFC share as a common goal the public
purpose of providing decent housing at affordable prices for low-income
and moderate -income residents of the City of Lubbock; and
WHEREAS, the City has applied for and received federal grant funds
under the Home Ownership of Single Family Homes (Hope 3) Program
authorized by Title IV of the Cranston Gonzalez National Affordable
Housing Act (NAHA) (Pub L. 101-625 enacted November 28, 1990) to
purchase homes for resale to qualified applicants; and
WHEREAS, the City is responsible for oversight and monitoring of
said federal funds under the Hope 3 program; and
WHEREAS, the City has utilized a portion of the Hope 3 grant funds
for the public purpose of purchasing homes from FHA; and
May 13, 1993
Page 420
WHEREAS, City is authorized under Texas Local Government Code,
Section 272.001(g) to convey interest in land to an entity for the
development of low-income or moderate income housing; and
WHEREAS, the LHFC is an entity for the development of low-income
or moderate income housing created under Chapter 394 of the Texas Local
Government Code; and
WHEREAS, title to the homes was transferred from FHA to LHFC for
purchase by qualified applicants under the Hope 3 program; and
WHEREAS, the City is responsible under Hope 3 for implementing and
has implemented a plan for use of the sales proceeds from these homes
for the continuing need of providing affordable housing; and
WHEREAS, transferring the proceeds received by LHFC from the sale
of these homes to City for the development of additional low income
housing under the Hope 3 program will further LHFC's statutory purposes
of development of affordable housing in Lubbock; and
WHEREAS, the City has the personnel and ability to administer
these funds as required by federal regulations and in compliance with
OMB Circulars A-122 "Cost Principles for Non -Profit Organizations" and
the applicable sections of 24 CFR Part 85 "Uniform Administration
Requirements for Grants and Cooperative Agreements to State and Local
Governments";
NOW, THEREFORE, in consideration of the mutual promises set out in this
document, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. LHFC agrees to transfer title of the properties
described under this Agreement to qualified applicants
under the Hope 3 Program as identified by City in a
timely and cooperative manner.
B. LHFC agrees that in furtherance of their goal of
providing affordable housing to low or moderate income
citizens of Lubbock, the proceeds from the sale of
these properties shall be transferred to City for
recommitment to the Hope 3 program and the purchase of
additional housing.
C. City agrees to administer the Hope 3 Program and
perform the following tasks:
1. Identify qualified applicants for purchase of
the properties under this Agreement;
2. Perform the Accounting and administrative
functions necessary to administer the funds
received as proceeds from the sale of the
properties under this Agreement.
3. Make all determinations as to the use of funds
received as proceeds from the sale of properties
under this Agreement.
4. Conduct all pre -purchase counselling and
training classes.
5. Conduct all property management activities.
6. Conduct all Hope 3 Homeownership Orientation
meetings.
7. Conduct all open houses.
May 13, 1993
Page 421
8. Conduct all Affirmative Fair Marketing related
to the Hope 3 Program.
9. Conduct all pre -closing conferences with
selected people and all closings.
10. Maintain all program files for HUD inspection
and monitoring.
11. Do all reporting required on the program to HUD
and to the City Council.
12. Negotiate with other governmental agencies for
the acquisition of properties.
13. Conduct all follow-up inspections and all post
homeownership training.
14. Approve all requests for the use of Replacement
Reserve Funds.
15. Conduct all environmental assessments as
required by HUD and obtain approval.
16. Enforce the Deeds of Trust in the event of
default by the purchasers under this program and
return the property or proceeds thereof to the
Hope 3 program.
II. SPECIAL CONDITIONS
City agrees to comply with the requirements of Title
24 Code of Federal Regulations, Subtitle A, Part 92 of the
Housing and Urban Development regulations concerning the
Hope 3 Program and all federal regulations and policies
issued pursuant to these regulations.
III. GENERAL CONDITIONS
A. General Compliance.
Both parties agree to comply with all applicable
federal, state and local laws and regulations governing the
funds provided under this Agreement.
B. Mutual Cooperation
Both parties agree to cooperate in the performance of
the promises in this Agreement and work toward their mutual
goals of providing affordable housing for low or moderate
income individuals within the City of Lubbock.
C. Hold Harmless
The City shall hold harmless, defend and indemnify the
LHFC, its directors and officers, from all claims, actions,
suits, charges and judgments whatsoever that arise out of
the City's performance or nonperformance of services or
subject matter called for in this Agreement.
May 13, 1993
Page 422
D. Acknowledgements
1. City acknowledges that LHFC was formed for the
statutory purpose of providing decent, safe,
and sanitary housing at affordable prices for
residents of the City of Lubbock. City further
acknowledges that the purpose of the Hope 3 Home
Ownership Program is to increase homeownership
opportunities for persons of low to moderate
income, and that this Agreement is prepared in
furtherance of these goals.
2. LHFC acknowledges receipt of a copy of the City
of Lubbock Hope 3 Homeownership Program
outlining the program for purchase of homes for
low and moderate income housing, sale of the
homes to qualified individuals, rehabilitation
of said housing, and the recycling of the sales
proceeds back into providing more low income
housing programs. LHFC further acknowledges
that the City will receive the sales proceeds on
behalf of LHFC and utilize them in accordance
with the provisions of the Hope 3 grant and in
furtherance of the City's and LHFC's mutual goal
of providing decent housing at affordable prices
for residents of the City of Lubbock.
IV. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The City agrees to comply with Attachment F of
OMB Circular A-110 and agrees to adhere to the
accounting principles and procedures required
therein, utilize adequate internal controls, and
maintain necessary source documentation for all
costs incurred.
2. Cost Principles
The City shall administer it program in
conformance with OMB Circulars A-122 "Cost
Principles for Non -Profit Organizations," or
A-211, "Cost Principles for Educational
Institutions," as applicable; and the applicable
sections of 24 CFR Part 85 "Uniform
Administrative Requirements for grants and
Cooperative Agreements to State and Local
Governments" for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record -Keeping
1. Records to be Maintained
The City shall maintain all records required by
the federal regulations specified in 24 CFR Part
92 and that are pertinent to the activities
under this Agreement.
2. Retention
The City shall retain all records pertinent to
expenditures incurred under this Agreement for a
period of three (3) years after the termination
of all activities under this Agreement. or after
the resolution of all Federal audit findings,
whichever occurs later.
May 13, 1993
Page 423
3. Client data
The City shall maintain client data
demonstrating client eligibility for services
provided. Such data shall include, but not be
limited to, client name, address, income level
or other basis for determining eligibility, and
description of service provided.
4. Property Records
City shall maintain real property inventory
records which clearly identify properties
purchased, improved, or sold under this
Agreement.
5. Audits and Inspections
All City and LHFC records with respect to any
matters covered by this Agreement shall be made
available to either agency, their designees or
the Federal Government, at any time during
normal business hours, as often as either agency
deems necessary, to audit, examine, and make
excerpts of all relevant data for the purpose
of audit.
IN WITNESS WHEREOF, the parties have executed this Agreement this
13th day of May 1993.
CITY OF LUBBOCK
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
APPROVED AS TO CONTENT
/s/ Sandy Ogletree
Sandy Ogletree
Community Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Assistant City Attorney
LUBBOCK HOUSING FINANCE
CORPORATION
/s/ George Jackson
CHAIRPERSON
Board of Directors
This agreement sets out a scope of services related
to the HOPE III program between the Lubbock Housing
Finance Corporation and the City of Lubbock. It
sets out the two entities' respective roles as they
relate to the HOPE III program. The City of
Lubbock, through its Housing and Community
Development Department, is responsible for the
administration of the program. The Lubbock Housing
Finance Corporation is serving as a conduit for the
acquisition of the single-family homes for use in
the HOPE III program.
May 13, 1993
Page 424
The Community Development staff performs all of the
necessary acquisition of the properties, screening
of the applicants, counselling of the applicants and
oversight of the construction process. Under the
HOPE III program the homeowners will be repaying
both the rehabilitation loan and the purchase of the
property.
The purchase of the property is financed by HOPE III
funds and this contract speaks to the administration
of those funds. The Scope of Services outlines:
(a) that the Lubbock Housing Finance Corporation
will transfer the title of the properties to the
applicants; and (b) that the proceeds from the sale
of these properties will be transferred to the City
by the Lubbock Housing Finance Corporation at the
time that they are closed. The City's
responsibilities under the contract are as follow:
1. To identify the qualified applicant;
2. To perform the accounting and
administration functions associated
with the administration of the funds
received from the proceeds of the
sale of the property; and
3. That the City will make all
determinations as to the use of the
funds received as proceeds from the
sale of these properties.
The Lubbock Housing Finance Corporation approved
this agreement at its April 13, 1993 Board of
Directors meeting and the Housing and Community
Development staff recommended its approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4146
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 425
93-52A-425-341
(39.) Consider Resolution #4147 authorizing the Mayor to
execute an addendum with Continental Express to
Aviation Administration mandated regulations under
FAR 107.14.
RESOLUTION #4147
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
Addendum to the Lease Agreement by and between the City of Lubbock and
Rocky Mountain Airways d/b/a Continental Express, attached herewith,
which shall be spread upon the minutes of this Council shall constitute
and be a part of the Resolution as if fully copied herein in detail.
Passed by the City Council on this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Ls/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Anthony J. Williams
Anthony J. Williams, Assistant City
Attorney
ADDENDUM NO. 2
TO AIRLINE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOCK, TEXAS
AND
ROCKY MOUNTAIN AIRWAYS, INC.
D/B/A CONTINENTAL EXPRESS
WHEREAS, the City of Lubbock, Texas, hereinafter referred to as
"City," and Rocky Mountain Airways, Inc., d/b/a Continental Express,
hereinafter referred to as "Lessee," executed an Agreement, hereinafter
referred to as the "Agreement," on or about May 1, 1990, in which Lessee
agreed to lease from City space and facilities in the terminal building
at Lubbock International Airport sufficient to conduct its business of
air transportation at said Airport; and
WHEREAS, both City and Lessee, pursuant to Article VIII of the
Agreement and 14 C.F.R. Part 107, in good faith renegotiated certain
security charges for the use of such space and facilities in the
terminal building, and subsequently executed ADDENDUM NO. 1 which
amended the Agreement to reflect such renegotiated charges; and
WHEREAS, Lessee agreed in ADDENDUM NO. 1 to the Agreement to pay
City a pro rata portion of the total annual estimated costs projected by
the City, Lessee and other air carriers as necessary for compliance with
14 C.F.R. Part 107; and
May 13, 1993
Page 426
WHEREAS, both the City and all of the air carriers serving Lubbock
International Airport have now determined that the total annual actual
costs necessary for compliance with 14 C.F.R. Part 107 may be less than
anticipated due to delays in construction of the security access control
system mandated by such federal regulations; and
WHEREAS, after further negotiations with all of the air carriers
serving Lubbock International Airport, both the City and Lessee desire
to revise and amend ADDENDUM NO. 1 to further clarify the intent of the
parties that Lessee pay no more than its pro rata portion of the total
actual expenses reasonably necessary for Lubbock International Airport
to be in compliance with 14 C.F.R. Part 107;
NOW THEREFORE, ADDENDUM NO. 1 to the Airline Lease Agreement
between the City and Lessee is hereby amended by revising and amending
numbered paragraph 1 of said ADDENDUM NO. 1 to read as follows:
1. Article VII of said Agreement is hereby amended
by adding Section 7.08 thereto, which shall read as follows:
Section 7.08 - Airport Security Fee
Notwithstanding any other provision contained in this
Agreement, Lessee herein agrees to pay City on a monthly
basis Lessee's proportionate share of the total operational
costs related to compliance with 14 C.F.R. Part 107
according to the same formula utilized herein for
determining rental for common use area, to wit: 20% of the
total charges shall be divided equally among all
Certificated Passenger Air Transportation Companies based on
the percentage of departures in the previous month, and 80%
shall be prorated based on each such carrier's percentage of
enplanements in the previous month.
Effective June 1, 1992, the fee jointly charged to
Lessee and all other air carriers at the Airport for the
operational costs related to compliance with 14 C.F.R. Part
107 shall be the actual costs incurred by the Airport and
which are reasonably necessary to achieve compliance with 14
C.F.R. Part 107, and Lessee agrees to pay its pro rata
portion of such fee monthly and in accordance with the above
formula.
City likewise herein agrees that the fee paid by
Lessee in accordance with this Section shall be no more than
Lessee's pro rata portion of the actual costs incurred by
the City and reasonably necessary for compliance with 14
C.F.R. Part 107 and shall only be used by the City to
achieve compliance with 14 C.F.R. Part 107 and for no other
purpose.
May 13, 1993
Page 427
City herein also agrees to immediately adjust the
monthly amounts billed to Lessee and other air carriers for
any reduction in personnel whose positions are funded by the
fee hereinabove discussed and for any other changes in the
actual costs expended by the City in order to comply with 14
C.F.R. Part 107. City further agrees to establish a
separate fund or account in which to maintain fees received
from Lessee and other air carriers pursuant to this Section
7.08, and that all records indicating payments into and
expenditures from this fund or account shall be subject to
review by Lessee and such other air carriers.
EXECUTED this 13th day of May, 1993.
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard,
Assistant City Attorney
ROCKY MOUNTAIN AIRWAYS, INC.
d/b/a CONTINENTAL EXPRESS
/s/ Sam Ashmore
Sam Ashmore, Sr. V.P.
ATTEST:
/s/ Name Not Legible
The Federal Aviation Administration has mandated
certain upgrades to the security of passenger
terminals by further restricting access into sterile
areas. At the Lubbock International Airport this
regulation is being implemented by installing a
computer controlled access system. Although the
installation of this system is mandated and paid for
through FAA programs, the operation of the system
falls on the Airport.
Since this system is directly related to
certificated passenger airlines serving the Airport,
the airlines have agreed to offset the operational
costs through the collection of a security charge.
This fee will be collected through a formula similar
to the "common area formula" and placed into a
special fund estimated to generate about $270,000
per year. These costs will be determined monthly to
reflect the level of actual costs incurred. The
existing airline agreements that this addendum
amends expire in 1999.
Staff approved this addendum, and the Airport Board,
in their September 16, 1992 meeting, unanimously
approved it for recommendation to the City Council.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4147 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
May 13, 1993
Page 428
93-52A-428-342
(40.)
WHEREAS, the
concerned with the
Lake Meredith and;
Consider Resolution #4148 supporting the Canadian
River Municipal Water Authority negotiations with
Southwestern Public Service Company for the purchase
of water rights.
RESOLUTION #4148
City Council of the City of Lubbock continues to be
increasing chloride content of water obtained from
WHEREAS, Federal efforts to control the salinity of water entering
Lake Meredith from near Logan, N.M., have been authorized by H.R. 429,
but funding has not been provided; and
WHEREAS, the amount of chloride and dissolved solids in the water
supplied from Lake Meredith do not meet the requirements of the Texas
Water Commission's secondary (aesthetic) constituent levels, which has
resulted in the City of Lubbock being placed on a "provisional" status
by the Texas water Commission; and
WHEREAS, it appears that it may be several years before the Lake
Meredith desalinization project reaches completion; and
WHEREAS, the Canadian River Municipal Authority is attempting to
obtain the rights to ground water located in Roberts County currently
owend by Southwestern Public Service Company for the purpose of blending
such water with the water from Lake Meredith in order to improve the
quality of water supplied to the member cities of the Canadian River
Municipal Water Authority; and
WHEREAS, the City Council of
the Canadian River Municipal Water
Service Company to reach agreement
underground water rights; and
the City of Lubbock strongly urges
Authority and Southwestern Public
on the sale or lease of such
WHEREAS, the sale or lease of said under ground water rights to
the Canadian River Municipal Water Authority not only will improve the
quality of Lubbock's water, but also will increase the quantity of water
available to Lubbock citizens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby urges the
Canadian River Municipal Water Authority and Southwestern Public Service
Company to reach an agreement on the sale or lease of underground water
located in Roberts County for blending with Lake Meredith water; and
THAT the City Council of the City of Lubbock hereby pledges its
support to the Canadian River Municipal Water Authority in water rights
negotiations with Southwestern Public Service Company; and
THAT the benefits to the citizens of the City of Lubbock and to
the citizens of many Texas panhandle and South Plains communities
resulting from the Supplemental Ground Water Project will be great; and
May 13, 1993
Page 429
THAT the City Council of the City of Lubbock hereby urges all the
member cities of the Canadian River Municipal Water Authority to support
this very worthwhile and necessary project.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, 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
Over the past year the Canadian River Municipal
Water Authority (CRMWA) Board, through its
consultants Parkhill, Smith and Cooper of Lubbock,
Texas and Lee Wilson of Santa Fe, New Mexico, have
been evaluating the possibility of acquiring
groundwater supplies in the North Panhandle to
supplement the allocations from the Lake Meredith
reservoir and for blending to enhance quality. This
action was mainly a result of the request from the
City of Lubbock and the City of Amarillo that the
water rights currently held by Southwestern Public
Service be evaluated for purchase.
Several years ago the City of Lubbock considered the
same water rights but at the time realized that
without a pipeline to convey these rights to
Lubbock, they would be of no use to the City. For
this reason, staff asked CRMWA to evaluate these
rights, thereby utilizing the existing aqueducts for
conveyance and creating a system of equitable
charges for all eleven member cities, including the
six cities for which Lubbock currently treats water.
Following is a summary of the results of the
analyses by the consultants concerning the
groundwater availability and projected project
specifics and cost estimates.
The development of a program by which groundwater
would be used to supplement surface water supplies
from Lake Meredith appears to be the only viable
means by which the CRMWA can meet projected water
demands. Such a project would have substantial
water quality benefits as well, enabling CRMWA
member cities to meet secondary drinking water
standards for chloride, sulfate and total dissolved
solids. To accomplish both the objectives of
improved water supply and improved water quality, a
groundwater project would need to provide at least
30,000 acre-feet per year (AFY) on average, at least
45,000 AFY during droughts, and 65,000 AFY under
extreme conditions.
May 13, 1993
Page 430
The consultants assessed the aquifers regionally to
determine areas where supplies are most abundant and
found that the bulk of the stored water in the
Panhandle area lies northeast of the line extending
from the New Mexico state line in southern Hartley
County southeast to Donley County. In most of that
area, they determined that even with such proposed
utilization, saturated thickness will exceed 100
feet after the year 2030. Applying other criteria
for evaluations showed that groundwater in this area
contained chloride contents of less than 50 mg/l.
They narrowed their alternatives to two locations,
and from further analyses reduced this to the
primary location of Roberts County and the
western -most portion of Hutchinson County. This
entire acreage is within the boundaries of the large
area in which all water rights are owned by SPS.
Also, this location had the largest saturated
thickness. Conditions favorable to the Roberts
County location include: a single ownership of
water rights; large saturated thickness; generally
good aquifer properties (permeability, specific
yield); depths to water which are not excessive;
good natural water quality; the absence of known
pollution problems and a location outside a water
district (hence no specific permitting requirements
at this time).
Samples of this water were analyzed for a small
number of parameters but the quality of the water in
the area appeared to be good. The chlorides ranged
from 10 to 22 ppm with an average of 15.5 ppm and a
median of 16 ppm. The available data suggested that
initially good quality water will be produced from
the project area. Sampling is required from wells
within the project area for the full suite of Safe
Drinking Water Act parameters. A careful analyses
of the possible movement of the poorer -quality water
nearby into project wells under a long-term, high
rate pumping must be made.
To date, the consultants have found no major
problems with respect to CRMWA's developing these
groundwater reserves. However, it is important to
note that access to the SPS water supply in Roberts
County has yet to be negotiated. Public reaction to
the project is yet to be gauged, and more detailed
studies may be required before the project can be
designed and optimized. A public hearing will be
conducted in Lubbock by the CRMWA within the next
two months.
Current demands among CRMWA member cities were about
103,000 acre-feet in 1991, but 35,500 acre-feet was
met from groundwater. Based on the experience in
the City of Amarillo, blending required to meet
secondary water standards resulted in 28%
groundwater utilization. Larger portions of
groundwater would be needed for blending at Lake
Meredith should it become substantially more saline
than it is today or if salinity standards are based
on EPA specified levels of 250 mg/l (instead of the
present State of Texas 300 mg/1).
May 13, 1993
Page 431
Since most federal regulations are proceeding toward
lower levels of such constituents, it is the
consultants' recommendation that adequate blending
be designed into the program to allow the final
water quality to meet the EPA limits of 250 mg/l.
This would require the 65,000 AFY groundwater
pumping rates to meet salinity standards imposed by
EPA. This would also allow blending of Lake
Meredith water to meet secondary limits in the event
of a severe drought resulting in increased salinity
in Lake Meredith.
For purposes of a reconnaissance feasibility study,
the consultants established a hypothetical project
to develop wells within the area to produce 30,000
to 45,000 AFY for 50 years. The evaluations also
considered possible expansion to 65,000 AFY. Based
upon the available data, the engineers determined
that individual wells drilled to a maximum depth of
800 feet would yield at least 1,200 gallons per
minute (or 1,250 AFY per well) requiring a total of
24 wells.
Higher loading factors such as 65,000 AFY to meet
EPA water quality standards would require 50 wells
or so. Well spacing with the respect to other large
capacity wells is at least 1/2 mile. A higher
density of wells would probably be practical and
certainly reduce cost. Two alternate routes were
considered for bringing water from the Roberts
County area to the existing CRMWA aqueduct. The
best route goes directly overland to the main
aqueduct, a distance of approximately 34 miles,
utilizing a 54-inch diameter line.
Several cities in the region reportedly have
bmw purchased and/or have been offered water rights in
this area at a cost of $125 to $150 per acre. If
this cost were applied to the hypothetical project
area, the cost to CRMWA might be $4 to $5 million or
roughly $12.50 per acre-foot (approximately 3.8t per
1,000 gallons) which the consultants consider to be
a reasonable price. The higher capital costs of the
54-inch line in the consultants' evaluations were
offset by reduced energy costs for pumping. This
size line would also allow eventual project
expansion to 65,000 AFY if necessary to meet EPA
standards for water quality.
The aqueduct system is projected to cost
approximately 71¢ per 1,000 gallons. The cost per
1,000 gallons would vary depending upon pumping
rates. Based upon the consultants' estimated
overall project capital costs of $57 million,
Lubbock's 37% of the CRMWA would be roughly $21.4
million. The charge for raw water delivered to
CRMWA cities would increase from 35¢ per 1,000
gallons per day to an amount in the range of 48t to
63¢ per 1,000 gallons. The cost will be toward the
lower end if the ground water project is operated at
a higher load factor. Considering the additional
pumping charges, the costs for treating the
additional water through Lubbock's plant, and
20-year bonds @ 7%, additional annual costs to
Lubbock are estimated to be $2.75 million. This
would necessitate a 10-11% water rate increase by
1996-97.
May 13, 1993
Page 432
Staff recommended that City Council authorize the
CRMWA to.proceed with negotiations with the water
rights' owners for purchase of the water rights.
During this negotiation period and prior to the
final purchase of these water rights and in addition
to reviewing economic and engineering factors, the
CRMWA should seek to have SPS develop (or allow
CRMWA to develop) additional data to confirm the
quantity and quality of the Roberts County supply.
Prior to concluding negotiations, CRMWA may wish to
authorize some relatively specialized studies, such
as modeling of well field impacts, operational
optimization, and pilot -scale treatment of blended
water; but such studies seem premature until
negotiations begin and progress is made.
This ground water supply project will not negate the
need for the Salinity Control project currently
being considered for construction near Logan, Utah.
Salinity Control could be cost effective to reduce
the salinity of Lake Meredith water. Brine control
would not negate the need for ground water since
only a ground water alternative of the type
discussed here can substantially increase CRMWA firm
yield. Also, there is no assurance at this time
that water can be obtained from SPS or other vendors
or that pipeline rights -of -way can be readily
obtained.
Since the existing aqueduct system is limited by its
flow characteristics, Lubbock would need to retain
its existing well fields to provide capacity to meet
peak summer demands. However, with the additional
ground water reserves, the purchase of the Pampa
water would no longer be necessary and would result
in savings of $100,000 per year.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to authorize Resolution #4148 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-432-343
(36.) Hold a public hearing concerning a rate change for
South Plains Electric Cooperative.
The City Council recess their Council meeting and
convene as a regulatory body for this item.
Campbell McGinnis, representing South Plains
Electric Co-op, presented recommendations for a rate
change.
Robert Massengale, Assistant City Manager for
Financial Services, commented favorably on the
request for the rate increase.
Mayor Langston opened the hearing at 11:29 a.m.
No one appeared in opposition. Mayor Langston
closed the hearing at 11:30 a.m.
May 13, 1993
Page 433
93-52A-433-344
(41.)
Staff was contacted by the attorney for South Plains
Electric Co-op (SPEC) and he indicated that SPEC may
request a continuance of the hearing until the next
Council meeting because of some delays that they are
experiencing with the Public Utilities Commission.
SPEC desires approval of the same rate for customers
inside the City of Lubbock as the rate throughout
their system, which is set by the PUC. That case is
currently in process.
According to staff memo,
continue this hearing in
input in response to the
advertised.
it will be necessary to
order to receive public
notices that have been
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Patterson to continue the
public hearing concerning the rate change request by
SPEC until May 27, 1993 at 11:00 a.m. Motion
carried: 6 Yeas; 0 Nays.
The City Council closed as a regulatory body and
re -convened the regular Council meeting.
Block_5, H&GN R.R. Survey in Kent and Garza
Counties. Texas.
RESOLUTION #4149
LBE 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 of Sale between the City of Lubbock and Billy Huddleston for
the purchase of 71.66 acres of real property located in Section 55,
Block 5, H&GN R.R. Survey in Kent and Garza Counties, 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 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
Dan A. Hawkins, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
May 13, 1993
Page 434
CONTRACT OF SALE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARZA
& COUNTY OF KENT §
BY THIS AGREEMENT AND CONTRACT, Billy Huddleston, of Scurry
County, Texas, as the Seller and hereinafter called "LANDOWNER," and the
City of Lubbock, a home rule municipal corporation of Lubbock County,
Texas, as the Buyer and hereinafter called "CITY," by which Landowner
agrees to sell to City and City agrees to buy from Landowner the
property, rights, titles and easements hereinafter described upon the
terms and conditions following:
WITNESSETH
1. That Landowner has agreed, and does hereby agree, to sell
and convey unto City, and does hereby sell and agree to convey unto City
the surface land to be acquired in fee (the oil and gas and other
hydrocarbon minerals being reserved to Seller as set forth in the
Memorandum of Agreement attached hereto as Exhibit A) by warranty deed,
free and clear of all outstanding liens, mortgages, deeds of trust or
other indebtedness, but subject to any and all easements, leases,
rights -of -way, restrictions, outstanding mineral interests and royalty
interests, if any, relating to or affecting the herein described real
property, existing on the date of execution of the Memorandum of
Agreement, all those certain tracts or parcels of land lying and
situated in Garza and Kent Counties, Texas, and being more particularly
described as follows, to -wit:
A tract of land out of the Northwest corner of Section 55, Block
5, H.&G.N. R.R. Co. Survey, Garza and Kent Counties, Texas, and
being more particularly described as follows:
BEGINNING at the Northwest corner of Section 55, Block 5, H.&G.N.
R.R. Co. Survey, being the common corner for Sections 54, 55, 70
and 71, and bears North 01°45'24" East 5273.59 feet from a 1" iron
pipe set as the Northwest corner of Section 56;
THENCE South 88°24'55" East 3553.82 feet along the North line of
Section 55 to a 1/2" iron rod;
THENCE South 65°18'54" West 3969.01 feet to a 1/2" iron rod set in
the intersection with the West line of Section 55;
THENCE North 01°45'24" East 1756.59 feet along the West line of
Section 55 to the POINT OF BEGINNING.
CONTAINING: 71.66 acres
2. In and for the consideration hereinafter stated and such
specific consideration therefor as provided in the Memorandum of
Agreement attached hereto, the Landowner, when necessary, will provide
the City easements described by metes and bounds for one or more water
pipelines, electric transmission lines and communication lines from the
pump station across their property, together with temporary construction
easements to construct and install water pipelines, electric
transmission lines and communication lines, the pump house, dam,
reservoir and other facilities required by City to complete the
Justiceburg Project.
May 13, 1993
Page 435
3. In and for consideration hereinafter stated, Landowner
further agrees to provide the City, without cost, an easement for an
all-weather service road to be used as controlled access for those
parties authorized by the City of Lubbock to use the City Wildlife
Habitat Area, such easement area being in the location described and
referred to as "Section 97, Block 5" at the top of the page of a one (1)
page description that describes a 3.63 acre easement out of Section 97,
Block 5, H.&G.N. R.R. Co. Survey, Garza County, Texas, certified to by
Wilson Surveying Company, Inc., dated July, 1987, all as set forth in
Exhibit B attached hereto and made a part hereof by reference as if
fully copied herein in detail in this place. Landowner agrees, not
withstanding any inconsistency in the attached Memorandum of Agreement,
that said road may be accessible to the public only for authorized use
of the City of Lubbock Wildlife Habitat Area.
4. In and for consideration hereinafter stated, Landowner
further agrees, not withstanding any inconsistency in the attached
Memorandum of Agreement, to construct and maintain a fence along the
property line established by the purchase of this tract of land.
5. That Landowner further has agreed, and does hereby agree, to
sell and convey unto City, and does hereby sell and convey unto City,
such other rights, titles, interests and privileges, and upon such
terms, conditions and limitations, as agreed, set forth and defined in
that certain Memorandum of Agreement to which Landowner and City were
parties, dated the 3rd day of April, 1986, a copy of which Memorandum of
Agreement is attached hereto and by such attachment is incorporated and
made a part of this Contract of Sale for all purposes. In the event of
any inconsistency between this Contract of Sale and the attached
Memorandum, either by inclusion of matter or omission, except as agreed
in paragraph 3 above, the provisions of the Memorandum of Agreement
shall control.
6. That in consideration of the conveyance to it by Landowner
of the property, rights and easements above described, City agrees to
pay to Landowner the amounts calculated, and at the times provided in
the Memorandum of Agreement attached hereto and made a part of this
Contract. This consideration is summarized only as follows:
A. The sum of $800.00 per acre for all acreage defined by metes
and bounds in paragraph one (1) above, which sum shall be full
consideration for all titles and easements described in paragraphs
one (1) and three (3).
B. The sum of $20.00 per rod (and for an area 60 feet in width)
for all easement areas described in paragraph 2.
Notwithstanding anything contained herein or the Memorandum of
Agreement attached hereto to the contrary, it is acknowledged and agreed
that certain Landowners may not, due to prior separation or conveyance,
own the minerals on their property. Such Landowners shall only be
required to convey the surface without the minerals and shall be
compensated at the rate of $800.00 per acre for the property conveyed.
7. The times and amount of each such payment shall be as
specifically provided in the Memorandum of Agreement. The City shall
consider and treat all other terms, conditions and limitations, as set
forth and defined in the attached Memorandum of Agreement to the extent
same imposes duties or obligations upon City, as required of City as a
part of its consideration due hereunder. Unless otherwise expressly
specified, in the event of any inconsistency between this Contract of
Sale and the attached Memorandum, either by inclusion or omission, the
provisions of the Memorandum of Agreement shall control.
May 13, 1993
Page 436
8. Prior to the date any warranty deed or easement instrument
is required by this Contract or the Memorandum of Agreement attached,
the City at its sole cost shall arrange to secure such abstracts of
title covering the real estate which is the subject of this Contract as
appropriate for examination by an attorney of its own selection, and/or
it may arrange to secure or obtain at its sole cost a policy of title
insurance.
9. Any objections to the title appearing upon examination, or
in the process of securing a policy of title insurance, which objections
remain the duty of Landowner to cure under the terms of the Memorandum
of Agreement, shall be set forth in writing and delivered to Landowner
for cure or elimination at least sixty (60) days prior to the date of
execution of any such warranty deed or easement right subsequently
provided under the Memorandum of Agreement.
10. Landowner shall have a reasonable time to cure said
objections and show title as is required under the terms of the
Memorandum of Agreement, but that reasonable time shall not exceed the
date provided for the deed or easement grant provided in the Memorandum
of Agreement.
11. If Landowner fails or refuses to correct such title defect,
City, in its option, may enforce specific performance of same.
12. Taxes on the real estate herein conveyed or to be conveyed,
shall be prorated to the date of the final payment for all land taken in
fee simple and in accordance with the Memorandum of Agreement attached.
13. Landowner agrees to sign and execute such warranty deed and
easement instruments as conform with the Memorandum of Agreement. The
duty to prepare all such instruments shall be upon City.
14. The parties hereto agree that compliance by each party of
all terms, conditions, provisions, and limitations contained in the
Memorandum of Agreement (as attached hereto) is of the essence of this
Contract of Sale.
15. This Contract of Sale shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors and assigns
of the respective parties to this Contract.
May 13, 1993
Page 437
16. This Contract of Sale and all attachments thereto, may be
filed of record in the Deed Records of any and all counties in which all
or any part of the property or property interests involved lies or is
situated.
EXECUTED in duplicate originals as of the 13th day of May, 1993.
CITY OF LUBBOCK, TEXAS (BUYER):
BY:/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan Hawkins
Dan Hawkins, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant
City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
SELLER:
/s/ Billy Huddleston
BILLY HUDDLESTON
BEFORE ME, the undersigned authority, personally appeared DAVID R.
LANGSTON, Mayor of the City of Lubbock, and acknowledged to me that he
executed the foregoing instrument for the purposes and consideration
therein expressed and in the capacity therein stated as the act and deed
of the City of Lubbock this 13th day of May, 1993.
[Seal]
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ Beatriz M. Rodriguez
Notary Public
Lubbock, County Texas
Commission Expires 04/03/95
BEFORE ME, the undersigned authority, personally appeared BILLY
HUDDLESTON, and acknowledged to me that he executed the foregoing
instrument for the purposes and consideration therein expressed this
13th day of May, 1993.
/s/ Teresa F. Beltran
Notary Public
Lubbock County, Texas
[Seal] Commission Expires 07/12/93
May 13, 1993
Page 438
According to staff memo, in order to fully comply
with the Corps of Engineers 404 permit, the Lake
Alan Henry Wildlife Habitat area must be isolated
with a perimeter fence and public access should be
provided by August of this year. There is currently
one area where fencing will be costly to build and
maintain. This area extends over several steep
rocky caprock escarpments, several deep drainage
cuts, and about 1,000 feet of the Brazos River.
Estimates for fencing this line are $25,000.
During recent negotiations with landowner Billy
Huddleston, who owns the land adjacent to the fence
line in question, the City was given the option of
buying a 71.66 acre tract that is contiguous to the
Wildlife Habitat Area for two valuable concessions
from Mr. Huddleston. With the purchase of this
tract of land, Mr. Huddleston agrees to construct
the fence along the new property line at his own
expense and to provide all maintenance thereafter.
This maintenance will include the water -gap -type
crossing spanning about 1,000 feet of the Brazos
River. This concession alone is significant because
of the substantial cost savings to the City by
avoiding the construction and maintenance of this
section of fence.
Currently there is no public access to the Wildlife
Habitat Area. When the land purchase agreements
were consummated with the six large landowners for
this project, two landowners (one was Billy
Huddleston) stipulated that the existing road to the
dam area would be for private use only. However,
this road also goes past the Wildlife Habitat Area.
One proposed route staff considered for public
access would require acquisition of a 1,000 foot by
60 foot plot of land and 1,000 feet of fenced road
construction for a cost of about $20,000.
Mr. Huddleston is also the current landowner at this
possible public access point and is strongly opposed
to this route. To arrive at this access point the
public would need to traverse three miles of Mr.
Huddleston's private property along a dry -weather -
only road. Also, Mr. Huddleston and Garza County
have never resolved an ownership dispute over this
road.
This issue more than likely will have to be settled
in condemnation court and may cost the City in
excess of $30,000 for extra fencing, court costs,
legal fees and perceived damages to the surrounding
private ranch land. However, with the City's
purchase of the 71.66 acre tract of land proposed,
Mr. Huddleston has agreed to grant the City a
limited public use easement on the road currently
used for access to the John T. Montford Dam.
The City obtained private use easements for the
existing road as set out in the 1986 Memorandum of
Agreement with the six large landowners. Since that
time the City has purchased the current Wildlife
Habitat Area that is adjacent to this road, and to
meet the requirements of the Corps of Engineers 404
permit, the public access is necessary. There will
be no additional cost to the City for this easement,
and public use of this road for access to the
Wildlife Habitat Area is the most desirable
alternative in the opinion of City staff.
May 13, 1993
Page 439
The land consists of 71.66 acres, and at the unit
price of $800 per acre (as set out in Memorandum of
Agreement dated April 1986) the purchase price would
be $57,328. Costs for alternatives to provide
fencing and public access for the Wildlife
Mitigation area, including condemnation hearings,
land acquisition, fencing, road building, and
related costs are estimated to be $75,000.
Staff recommendation to execute the contract is
based on the following:
Substantial cost savings to the City
for fence construction and long-term
fence maintenance, especially at the
Brazos River crossing
Reduced liability from Huddleston's
cattle getting out since he will
maintain the fence
The contested ownership of the road
being considered as the only
alternate route for public access to
the Wildlife Habitat Area will not
become a City issue
The need to maintain a good
relationship with all neighboring
landowners
The need to comply with perimeter
fencing and public access
requirements by August of this year
That this agreement is in the best
interest of both parties
Staff recommended the execution of the contract of
sale for the 71.66 acres in Kent and Garza Counties,
Texas from Mr. Huddleston for the total of $57,328.,
Motion was made by Councilmember Cooke, seconded by
Mayor Pro Tem Trejo to authorize Resolution #4149 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
93-52A-439-345
(42.) Consider Resolution #4150 declaring expectation to
reimburse expenditures with proceeds obtained
pursuant to Sec. 271.005, Texas Local Government
Code.
RESOLUTION #4150
A RESOLUTION DECLARING EXPECTATION
TO REIMBURSE EXPENDITURES WITH PROCEEDS OBTAINED
PURSUANT TO SEC. 271.005, TEXAS LOCAL GOVERNMENT CODE
WHEREAS, the City of Lubbock, Texas, intends to make expenditures
from current funds for the acquisition of personal property as set forth
in City of Lubbock RFP #12099, as amended; and
WHEREAS, the City of Lubbock intends to avail itself of the
provisions of Sec. 217.005, Texas Local Government Code to secure tax
exempt financing of said personal property; and
May 13, 1993
Page 440
WHEREAS, the City of Lubbock desires to preserve its ability to
reimburse the expenditure made from current funds with the proceeds
obtained from tax exempt financing as provided by Sec. 271.005 of the
Texas Local Government Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City reasonably expects to reimburse the expenditures
made on behalf of City RFP #12099 with the proceeds of tax exempt
financing obtained pursuant to Sec. 271.005 of the Texas Local
Government Code in the principal amount of $2,348,753, and that this
resolution shall constitute a declaration of official intent to
undertake such reimbursement.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
Robert Massengale, Assistant City
Manager
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
According to staff memo, this resolution is a
technical action taken in order to allow the City to
sign contracts with the vendors involved in the
computer system proposals and subsequently obtain
the financing through a lease/purchase transaction,,
and in effect, reimburse the City from that
transaction.
This is an action that is required by State law in
order to allow the purchase and financing
transaction on the computer system and is simply a
public declaration of intent to reimburse ourselves.
Staff recommended approval of this resolution.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to authorize
Resolution #4150 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays--Councilmember Ince absent
from the Chambers.
May 13, 1993
Page 441
93-52A-441-346
(43.) Consider Resolution #4151 authorizing the City
Manager to approve routine contract change orders
and routine contracts for goods and services.
RESOLUTION #4151
WHEREAS, the Local Government Code of the State of Texas provides
at Sec. 252.048(c) that the governing body of municipalities may grant
general authority to approve change orders to an administrative official
within the amounts specified; and
WHEREAS, the Charter of the City of Lubbock provides at Ch. 1,
Art. X, Sec. 4(f) that the City Manager may perform such duties as are
assigned to him by the City Council; and
WHEREAS, the City Council deems it to be in the best interest of
the citizens of the City of Lubbock to expedite the performance of City
business by granting to the City Manager authority to approve change
orders as specified by the Local Government Code; and
WHEREAS, the City Council also deems it to be in the best interest
of the citizens of the City of Lubbock to grant general authority to the
City Manager to approve routine contracts for goods and services on
approved City contract forms that do not require the expenditure of more
than $10,000; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to approve routine contract change orders
involving an increase or a decrease of $15,000 or less, or such other
amount as may be specified by applicable provisions of state law
hereafter.
SECTION 2. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to approve routine contracts for goods and
services involving an expenditure of $10,000 or less that are executed
on standard City contract forms or in a form approved by the City
Attorney.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Acting City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
May 13, 1993
Page 442
The Local Government Code of the State of Texas
provides that the governing body of a municipality
may grant general authority to approve change orders
and purchase orders to an administrative official
within the amounts specified. This resolution will
update present City policy to reflect changes which
have been made over the years in the statute and
also, with regard to routine purchase orders of
goods and services, serve to formalize what has
actually been the practice for many years due to the
large amount of purchasing required by the City.
The resolution addresses the following two items:
1. The present City policy allows
approval by the City Manager of only
up to $5,000 on change orders. This
amount was the statutory limit at
the time the policy was adopted
under a prior City Council. Over
the years this statute has been
amended to $10,000 and then to the
current $15,000. This resolution
would give authority to the City
Manager under the terms of Section
252.048(c) of the Local Government
Code to approve change orders to
public works contracts without
Council action on items involving an
increase or decrease of $15,000 or
less.
2. Currently many routine purchases of
goods and services that do not
amount to the $10,000 bid
requirement are made by the City of
Lubbock on purchase order contract
form or other forms approved by the
City Attorney's office. These
purchases do not always go to the
Council as bid items because of the
small amount and the repetitive
nature of such purchases. This
resolution would formalize the
authority of the City Manager or his
designee to sign these minor
contracts without the necessity of
taking them all to the Council for
approval.
Please note that the resolution
strictly limits the authority to
amounts of less than $10,000 and
contracts that are on standard forms
or other forms specifically approved
by the City Attorney. Authority for
this delegation to the City Manager
is found in Chapter 1, Article X,
Section 4(f) of the City Charter.
This portion of the resolution just
serves to formalize what has
actually been the practice for many
years due to the large amount of
purchasing required to be done by
the City.
May 13, 1993
Page 443
Staff recommended approval of this resolution.
Citizen Mikel Ward asked the Council whether this
resolution would allow the City Manager to approve
several change orders on any one project and thereby
circumvent Council approval of change orders in
excess of $15,000. Robert Massengale, Assistant
City Manager for Financial Services, explained that
the law does not allow for splitting of change
orders and that a project cannot exceed the budget
approved by Council.
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Patterson to authorize
Resolution #4151 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays--Councilmember Ince absent
from the Chambers.
93-52A-443-347
(45.) RFP #12099--Integrated Information Systems
Environment, and authorize same (Information
Services).
RESOLUTION #4152
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
Contracts for an integrated information systems environment and
associated hardware and software with the following vendors:
International Business Machines Corporation
(Hardware/System Software) $991,000
J. D. Edwards & Company
(Financial Systems) $646,800
SFG Technologies, Inc.
(Utility Systems) $512,000
SFG Technologies, Inc.
(Planning/Codes/Permits) $118,153
CHMC Systems, Inc.
(Health System) $ 80,800
May 13, 1993
Page 444
which Contracts are attached herewith and shall be spread upon the
minutes of the Council, and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 13th day of May, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager/ Financial Services
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Copies of the contracts are filed with Resolution No. 4152.
IBM AS/400
IBM Corp. (Hardware & Systems Software)
JD Edwards & Co. (Financial Systems)
SFG Technologies, Inc. (Utility/Planning/
Codes/Permits)
CMHC Systems, Inc. (Health Systems)
Motion was made by Councilmember Patterson, seconded
by Councilmember Cooke to authorize the vendor
combination of IBM, SFG, KIVA, JD Edwards, and CMHC,
based on the vendors' ability to demonstrate the RFP
requirements through the detailed test scenarios,
ratings in references provided, and technical
evaluation. Motion carried: 6 Yeas; 0 Nays.
93-52A-444-348
(44.) Hold an executive session, in accordance with Art.
6252-17, Sec. 2(e) and (f), VATS, to discuss pending
and contemplated litigation and acquisition of real
property (Water Utilities).
93-52A-444-349
(44A.) Hold an executive session, in accordance with Art.
6252-17, Sec. 2(g), to consider appointment, duties
and/or responsibilities of a city manager.
May 13, 1993
Page 445
The following executive session was held until a future meeting.
93-52A-445-350
(46.)
93-52A-445-351
(47.)
93-52A-445-352
(48.)
93-52A-445-353
(49.)
93-52A-445-354
(50.)
93-52A-445-355
(51.)
Hold an Executive Session, in accordance with Art.
6252-17, Sec. 2(g), VATS, to discuss personnel
matters regarding duties, responsibilities, and/or
appointments to•
Community Development Advisory Commission
Building Board of Appeals
Transit Advisory Board
Electric Utility Board
Permit and License Appeal Board
Human Relations Commission
Planning and Zoning Commission
Consider six appointments to the Community
Development Advisory Commission. The terms of Kado
Lang, Hoyse E. McMurtry, Mary Mauldin, Sharon
Bennett, Gary Cocanougher, and Jose Davila will
expire on May 31, 1993.
It was consensus of Council to hold appointments to
the Community Development Advisory Commission.
Consider three appointments to the Building Board of
Appeals. The terms of Michael Landress, Terry
Echols, and Raymond Powell will expire on June 1,
1993.
It was consensus of Council to hold appointments to
the Building Board of Appeals.
Consider three appointments to the Transit Advisory
Board. The terms of D.A. Smith, Steve Sexton, and
Rose Mediano will expire on June 24, 1993.
It was consensus of Council to hold appointments to
the Transit Advisory Board.
It was consensus of Council to hold appointments to
the Electric Utility Board.
Consider one appointment to the Permit and License
Appeal Board to replace John L. Wilson whose term
expired on April 27, 1993.
It was consensus of Council to hold appointments to
the Permit and License Appeal Board.
May 13, 1993
Page 446
93-52A-446-356
(52.) Consider two appointments to the Human Relations
Commission to replace Vivian Hupp who has resigned
and Fulton Berry whose term will expire May 25,
1993.
It was consensus of Council to hold appointments to
the Human Relations Commission.
93-52A-446-357
(53.) Consider one appointment to the Planning and Zoning
Commission to replace Alfred Velasquez.
It was consensus of Council to hold appointments to
the Planning and Zoning Commission.
There being no further business to c e be %eelCouncil, motion was made
by Councilmember Patterson, seconde by Counmemb to adjourn
the meeting at 4:12 p.m. Motion ca died: 6as; b Nays-.�—�
N
ATTEST:
&::r- a c"'O-'�
BettyOM.' Joh on, City Secretary
Read and approved this the 27th day c
ATTEST:
Bett M. ohn on, City Secretary
. LANQSAN, MA