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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