Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 7/8/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 8, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of July, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Mayor Pro Tem Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Mayor Langston called the meeting to order at 10:35 A.M. ( 1.) The Invocation was given by Mark Hindman, Fiscal Administration Director. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 93-52B-577-475 ( 4.) A representative of the Lubbock Arts Alliance will appear to present the following recommendation: A. Awarding of Arts Grants Program for the first of two grant periods of 1993. Russell Hughes appeared to recommend Council approval of $50,275 in grant awards for the first of two grant periods for 1993 in the Arts Grants Program. Mr. Hughes stated that this amount plus the $43,125 approved in January, 1993 total $93,400 and is $12,238 less than the $105,638 provided to the Lubbock Arts Alliance by the 1992 agreement. The balance in unspent monies from previous years totals $29,796.13. With the $105,638 awarded in the 1993 agreement, there remains a balance of $42,034.13. This past year the Lubbock Arts Alliance, Inc. provided workshops to those interested in submitting grant applications. As a result of the increased outreach efforts, the grants received and approved represent greater ethnic diversity. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to approve the request of the Lubbock Arts Alliance for awarding of Arts Grants Program for the first two grant periods of 1993. Motion carried: 6 Yeas; 0 Nays. ( 5.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to approve the minutes of the June 24, 1993 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 578 It was consensus of Council to remove Item #9, #20, and #21 from the consent agenda. 93-52B-578-476 ( 6.) ORDINANCE #9623--Zone Case #2692-A (301 50th Street) --Request of Dick Perrone (for McCoy Building ORDINANCE #9623 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2692-A; A ZONING CHANGE FROM C-4 SPECIFIC USE TO C-4 SPECIFIC USE ZONING TO ALLOW DISPLAY OF PREFABRICATED STRUCTURES ON LOT D, BLOCK 8, LYNDALE ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9623 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-578-477 ( 7.) ORDINANCE #9624--Zone Case #2468-B (Northwest corner ORDINANCE #9624 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2468-B; A ZONING CHANGE FROM GO TO C-2A SPECIFIC USE ZONING FOR A BRANCH BANK ON A PORTION OF TRACT A-2, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9624 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-578-478 ( 8.) ORDINANCE #9625--Zone Case #1123-D (5110 29th Drive) --Request of Putt -Putt Golf and Games for a zoning change from R-1 to C-4 Specific Use (for a Formula K raceway) on a tract out of Section 17, Block B. ORDINANCE #9625 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1123-D; A ZONING CHANGE FROM R-1 TO C-4 SPECIFIC USE ZONING FOR A FORMULA K RACEWAY ON A TRACT OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9625 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 579 P 93-52B-579-479 (10.) ORDINANCE #9627 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2705; A ZONING CHANGE FROM R-1 TO IHI ZONING ON A TRACT OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9627 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-579-480 (11.) ORDINANCE #9628--Zone Case #2622-A (Between Elgin and Boston Avenues on the north side of 81st Street) --Request of R. K. Alburtis for a zoning change from GO to R-1 on Lots 220 through 240, Gatewood Addition. ORDINANCE #9628 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2622-A; A ZONING CHANGE FROM GO TO R-1 ZONING ON LOTS 220 THROUGH 240, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9628 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-579-481 (12.) ORDINANCE #9622--Amending Chapter 6 of the Code of Ordinances, Buildings and Building Regulations, by providing for bonds. ORDINANCE #9622 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW SECTION 6-12; WHICH PROVIDES FOR A SURETY BOND AS AN ALTERNATIVE TO INSURANCE FOR CONTRACTORS; PROVIDING FOR A BUILDING TRADES REGISTRATION AND REGISTRATION FEE; ADDING A NEW SECTION 6-17, WHICH PROVIDES FOR REGISTRATION OF BUILDING CONTRACTORS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to pass on second and final reading Ordinance #9622 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 580 93-52B-580-482 (13.) BID #12493--Laboratory supplies, medical supplies (Health Department). Various vendors with low bid meeting specifications for laboratory and medical supplies. (See tabulation sheets filed with agenda back-up materials.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52B-580-483 (14.) BID #12541--Auctioneering services for sale of abandoned and surplus property, and authorize same (Purchasing) . RESOLUTION #4191 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 Rene Bates Auctioneers, Inc. of McKinney, Texas, for auctioneering services in the sale of abandoned and surplus property, 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 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney July 8, 1993 Page 581 CONTRACT FOR AUCTION SERVICES STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of July, 1993, by and between the City of Lubbock, Texas, hereinafter referred to as THE CITY, and Rene' Bates Auctioneers, Inc., of Route 4, McKinney, Texas, hereinafter referred to as AUCTIONEERS. WITNESSETH: That for and in consideration of a sum equivalent to Seven and One -Half Percent (7-1/2%) of the first $200,000.00, and then Six Percent (6%) of all proceeds over $200,000 received at auction for property hereinafter described, AUCTIONEERS hereby agree to provide auction services at public auctions to be conducted by THE CITY'S Purchasing Manager as required for a period of one (1) year beginning August 1, 1993, and contract will be renewable annually for up to four (4) additional years at the option of THE CITY. Auctions will be conducted at a location designated by THE CITY, at which any or all abandoned, stolen or recovered property, including motor vehicles, held in custody by the City of Lubbock Police Department and either unclaimed or not reclaimed for a period of sixty (60) or more days, and also any or all property determined by said Purchasing Manager to be surplus property of THE CITY, will be sold to the highest bidder. AUCTIONEERS hereby agree to provide, at their own expense, all of their standard services and liability insurance coverage, as outlined in RFP #12541 dated April 15, 1993, and made a part of this Agreement as if fully copied herein in this place, save and except for any provisions therein which are inconsistent or contrary to City of Lubbock Ordinance No. 1302. THE CITY hereby agrees to provide AUCTIONEERS, at THE CITY's expense, all property to be sold at auction as well as a complete list of said property, an auction site, personnel to assist with auction sales, and police security for all property and cash received. In additiona, THE CITY assumes responsibility for any and all individual and public notices required by law prior to the sale or disposition of any property at the aforementioned auctions. Upon mutual agreement between THE CITY and AUCTIONEERS, this contract may be extended for up to four (4) additional years beginning August 1, 1994, under the same terms and conditions otherwise herein stated. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF LUBBOCK, TEXAS: /s/ David R. Langston David R. Langston, Mayor 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney RENE' BATES AUCTIONEERS, INC. /s/ Susan Bates Susan Bates, President IS"*15 /s/ Christy Clark Christy Clark July 8, 1993 Page 582 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4191 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-582-484 (15.) BID #12570--Annual pricing for water and sewer - trenching, boring and excavation (Water Utilities). H.D. Weaver Ditching, Inc. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton awarding all bid items to H.D. Weaver Ditching, Inc., which was ranked first based on prices and availability of services. Motion carried: 6 Yeas; 0 Nays. 93-52B-582-485 (16.) BID #12586--Terminal parking deck repair, and authorize same (Airport). RESOLUTION #4192 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 Mobile Enterprises, Inc. of Fort Worth, Texas, to reconstruct the expansion and construction joints at the upper level of the existing Terminal Parking Structure at the Lubbock International Airport, 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 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney July 8, 1993 Page 583 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of July, 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 Mobile Enterprises, Inc. of the City of Fort Worth, County of Tarrant, 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. 12586 Terminal Parking Deck Repair (Airport) in the amount of $42,796.87 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. L 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: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Mobile Enterprises, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: Mobile Enterprises, Inc. 2251 Warfield Fort Worth, Texas Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4192 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 584 93-52B-584-486 (17.) BID #12595--Computer hardware and software financin4, and authorize same (Finance). RESOLUTION #4193 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 International Business Machines, Installment Sale, for the financing of computer software and hardware, 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 8th day of July, 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/ Donald G. Vandiver Donald G. Vandiver, First 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 8th day of July, 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 International Business Machines, 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. 12595--Computer Hardware and Software Financing, (Finance) in the amount of $1,650,000.00 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. July 8, 1993 Page 585 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: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Harold Willard International Business Machines CONTRACTOR By: /s/ Len Hutchinson TITLE: Local Manager COMPLETE ADDRESS: International Business Machines 5214 68th Street, Suite #102 Lubbock, Texas 79424 International Business Machines (Installment Sale) -- Financing total cost, five years effective interest rate. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4193 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 586 93-52B-586-487 (18.) BID #12604--Landfill office building, and authorize same (Solid Waste). RESOLUTION #4194 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 City of Lubbock and Pharr Construction Company for the construction of an Office Building at the Sanitary Landfill located at 6500 N. Avenue P, 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 8th day of July, 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/ Donald G. Vandiver Donald G. Vanddver, First 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 8th day of July, 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 Pharr Construction 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. 12604--Landfill Office Building (Solid Waste) in the amount of $38,500.00 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. July 8, 1993 Page 587 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 Pharr Construction Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: Pharr Construction Company P.O. Box 2791 Lubbock, Texas Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4194 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-587-488 (19.) BID #12605--Repair of General Electric gas turbine (Electric Production). General Electric Gas Turbine, Houston Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize bid to General Electric Gas Turbine, the sole source for parts and service for the GE LM2500 gas turbine. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 588 93-52B-588-489 (22.) RESOLUTION #4195 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 Johnson Controls, Inc., for the upgrading of the Energy Management System at the Municipal Building, 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 8th day of July, 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/ Donald G. Vandiver Donald G. Vandiver, First 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 8th day of July, 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 Johnson Controls, Inc., 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. 12612--Municipal Building Energy Management System Upgrade (Building Services) in the amount of $65,176.00 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. July 8, 1993 Page 589 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, this agreement in Lubbock, first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: Secretary the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Johnson Controls, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: Johnson Controls, Inc. 1603 Loop 289 West Lubbock, Texas Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4195 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-589-490 (23.) BID #12652--Sludge removal on Digester #8 (Water Reclamation). 93-52B-589-491 ( 9•) Ace Pipe Cleaning, Inc., Kansas City, MO Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. tract out of Section 3. Block S. Johnson Subdivision. ORDINANCE #9626 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2704; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE ZONING FOR A WRECKING YARD ON A 12 ACRE TRACT OUT OF SECTION 3, BLOCK S, JOHNSON SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. July 8, 1993 Page 590 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance #9626 as recommended by Staff. Motion carried: 5 Yeas; 1 Nay--Councilmember Patterson. (20.) BID #12606--Fencing at Lake Alan Henry, Wildlife Mitigation Area, and authorize same (Water Utilities). RESOLUTION #4196 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 American Fence Company of Texas, Inc. for the installation of a fence at the Lake Alan Henry Wildlife Mitigation Area, 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 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney July 8, 1993 Page 591 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of July, 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 American Fence Company of Texas, Inc., 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. 12606--Fencing at Lake Alan Henry, Wildlife Mitigation Areas (Water Utilities) in the amount of $18,876.00 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. 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. r L. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, this agreement in Lubbock, first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: American Fence Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: American Fence Company of Texas, Inc. 312 S.E. Loop 289 Lubbock, Texas Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4196 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 592 93-52B-592-493 (21.) BID #12607--Canyon Lakes 6. pedestrian bridge, and authorize same (Street -Drainage Engineering). RESOLUTION #4197 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 Brown -McKee, Inc., for the installation of a Pedestrain Bridge at Canyon Lakes 6, 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 8th day of July, 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/ Donald G. Vandiver Donald G. Vandiver, First 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 8th day of July, 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 Brown -McKee, Inc. 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. 12607--Canyon Lakes 6, Pedestrian Bridge (Street -Drainage - Engineering) in the amount of $34,000.00 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. July 8, 1993 Page 593 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: Brown -McKee, Inc. CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Brown -McKee, Inc. P.O. Box 3279 Lubbock, Texas Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4197 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-593-494 (24.) ORDINANCE #9605--Assessment of paving improvements on the 1992 Assessment Paving Program (Project No. 9875). ORDINANCE #9605 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1-6, BLOCK 23, ELLWOOD PLACE ADDITION; LOTS 1-11 AND 16-26, BLOCK 29, ELLWOOD PLACE ADDITION; LOTS 289-293, SPANISH OAKS ADDITION; AND LOTS 131-134, WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREET: NORTH AVENUE N, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). July 8, 1993 Page 594 On March 25, 1993, the City Council conducted a public hearing to consider paving assessments for two alleys and one street and then approved the first of three readings of the paving assessment ordinance to reflect the following: Unit 2035-05 North Avenue N from North Loop 289 to Wabash Street: Delete this unit from the program. Unit A-461-21, the east -west alley between 73rd Street and 74th Street from Slide Road to Zoar Avenue: Pave this unit as indicated on the plans and assess the abutting property owners at the calculated rate (90 percent of the construction cost) if the majority of the owners will execute an agreement stating that they believe the enhancement value is equal to the assessment rate set by the City Council. The required agreement has been signed by 67 percent of the property owners, and was returned to the City on April 12, 1993. Unit A-461-22, the east -west alley between 23rd Street and 24th Street from 100 feet east of Elgin Avenue to Canton Avenue: Delete this unit from the program. However, after discussion with some of the property owners, the Council stated that if the majority of the owners would sign a new petition requesting paving of this alley the Council would consider placing this unit back on the program at the second reading of the ordinance. The new petition and a signed agreement were received by the City. The petition was signed by 61 percent of the owners and the agreement was signed by 65 percent of the owners. The ordinance has been amended to include this unit for paving. This third and final reading of the paving ordinance was delayed to enable staff to receive bids for this project. The calculated assessment rates which were considered at the public hearing and mailed to the abutting property owners were based on estimated bid prices. The final assessment rates can be lowered if the actual bid prices are lower than the estimated bid prices used in calculating the rates for the public hearing; they cannot be raised above the amounts considered at the public hearing and mailed to the property owners. July 8, 1993 Page 595 The calculated rate for the alley paving utilized at the public hearing was $12.69 per foot, and the actual bid prices received were slightly higher than the amounts estimated. Recalculating the assessment rate using the actual bid prices would result in a rate of $13.21 per foot: however, the final assessment rate will be $12.69 per foot since the rate advertised for the public hearing cannot be increased. By State Law, the City must participate in a minimum of 10 percent of the paving costs on assessment programs. The $12.69 per foot rate was based on the property owners paying 90 percent of the total cost of the improvements based on estimated bid prices; however, based on actual bids, the property owners will be paying 86 percent of the total cost. Original Estimated City Participation $3,003.19 City Participation Based on Actual Bid 4,242.22 Additional City Cost 1,239.03 The alternatives for this item were: 1. Accept the bid received and approve the assessment ordinance with the City participation being 14 percent of the total cost instead of 10 percent. 2. Reject the bids and re -bid the project in hopes that the new bid received will be lower. Hold the third reading of the ordinance until new bids are received. 3. Do not approve the assessment ordinance. Start a new assessment program for these two alleys. Recalculate rates, send a new notification, and hold a public hearing for the new assessment program. For third reading, staff recommended the ordinance be considered for approval with Council action to delete Unit 2035-05 from the program and leave Units A-461-21 and A-461-22 on the program. The final assessment rate will be $12.69 per foot which was the same rate considered at the public hearing. The City's cost to perform either alternative No. 2 or Alternative No. 3 would likely exceed the $1,239.03 additional cost estimated. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to pass on third and final reading Ordinance #9605 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 8, 1993 Page 596 93-52B-596-495 (25.) Hold a public hearing to determine the public convenience and necessity for a taxicab permit on behalf of Royal Transportation d/b/a/ Royal Coach, and take appropriate action. Mayor Langston opened the public hearing at 10:55 a.m. Don Graf, Attorney for Gail Smallin, appeared to request approval for a taxicab permit on behalf of Royal Transportation d/b/a/ Royal Coach, indicating that there is a need for an additional taxicab service in Lubbock and that Ms. Smallin has received a great deal of praise from customers of her limousine service during the past nine months. Those speaking in opposition to this request were: Don Dennis, Attorney for Sexton Enterprises Jim Sexton, President of Sexton Enterprises Bob Spinks, employee of Sexton Enterprises Lawrence McMinn, employee of Sexton Enterprises Steve Sexton, Vice President and General Manager of Sexton Enterprises Joe Chernow, CPA, President of Yellow Cab Co., Houston Brock Anderson, Owner of White Knights Limousine Service Gary LeCroy, Owner of Classic Limousine Service Mayor Langston closed the hearing at 12:50 p.m. According to staff memo, Ms. Smallin requested permitting for ten Lincoln Towncars to provide taxi service and has paid the fee for ten inspections; however, Ms. Smallin has indicated that she plans to start with four vehicles and add six at a later date. She has indicated that the color scheme for her taxi service will be white Lincoln Towncars with black lettering. Section 27-72 of the City Code of Ordinances requires that the City Council hold a public hearing to determine whether public convenience and necessity requires the proposed taxicab service for which the application is made. No permit for additional taxi service shall be granted by the City Council unless required by public convenience and necessity. July 8, 1993 Page 597 In determining whether public convenience and necessity is served, the City Council should consider the following: 1) Whether the demands of public convenience and necessity require additional taxicab services within the City. 2) Financial responsibility of applicant. 3) Number, kind, and type of equipment and color scheme to be used by applicant. 4) Number of taxicabs currently in operation in the City. 5) Whether existing transportation is adequate to meet the public need. 6) Probable effect of increased service on local traffic conditions. 7) Whether the safety of the City streets will be affected. 8) The character, experience, and responsibility of applicant. 9) Whether the applicant is fit, able and willing to provide public transportation by taxicab. Although there are some specific requirements which the applicant is required to meet in order to obtain a permit, such as performance bond, evidence of liability insurance, etc., the ordinance is more general regarding the parameters which Council needs to consider in whether to approve the application request. Thus, the Council has more latitude in deliberating those factors which pertain to public convenience and necessity. The Council may wish to consider the following in its deliberation. 1) Whether the demands of public convenience and necessity require additional taxicab service in the City. In trying to evaluate whether demands of public convenience and necessity require additional taxicab service in the City of Lubbock, staff conducted a survey of 17 Texas cities. Staff was unable to confirm the number of taxicab companies in operation within the city, but did get information regarding the number of taxicabs in operation. July 8, 1993 Page 598 Currently the City of Lubbock is served by one taxicab company, Sexton Enterprises, doing business as Yellow Cabs. This company is permitted to operate 20 taxicabs in the City of Lubbock, and based on the city's population of 190,000, this provides one taxicab for every 9,500 in population. In comparing Lubbock to the average based on the cities surveyed, staff noted that Lubbock is considerably higher than the overall average of one taxicab for every 3,133 in population. However, there are a couple of outliers which skew this average somewhat. The City of Abilene with a population of 130,000 with 7 taxicabs, translating to one taxi for every 14,286 people, and the City of Odessa with 91,000 in population and 15 taxicabs, translating to one taxicab for every 6,067. There are nine cities which have one taxicab for every 1,000 to 2,000 population; two cities which have one taxicab for every 2,000 to 3,000 population; and four cities which have a taxicab for every 3,000 to 4,000 in population. Cities included in the survey with comparable population were Amarillo, Abilene, Arlington, Brownsville, and Waco, along with other cities that represented various population categories. This provides a fairly broad range in population of cities surveyed to try to get an overall, more comprehensive look at the number of taxicabs per population available in cities of varying sizes. This would indicate that in order to provide citizens with enhanced access to taxi service as a means of public transportation, there is considerable room for improvement in the City of Lubbock. The market will determine the level of demand for this type of service and whether or not the service will be able to compete effectively will depend on the marketing efforts undertaken by the permittee. 2) Financial responsibility of applicant. Staff provided a statement of personal financial condition for Gail Smallin and for Mary Louise Fuchs, her business associate in this venture. Ms. Smallin currently operates Royal Limo Service and has been providing limousine service for approximately nine months. July 8, 1993 Page 599 3) Number, kind and type of equipment and color scheme to be used by the applicant. The applicant is proposing to use ten Lincoln Towncars, white in color with black lettering, as the vehicles for her taxicab service. In her conversations with staff, Ms. Smallin indicated that she would like to dually certify her vehicles to use as both limousines and taxicabs at the same time (but under separate permits), indicating that their vehicles could meet both sets of requirements and could then be used interchangeably as either in order to facilitate their business, and had indicated that they would use detachable taxi meters, stoop lights, and signs which could then be removed whenever the vehicles were put in service as limousines. The Legal Department was asked to research this and give their opinion regarding this request. Although they found no direct prohibition against using the same vehicle for either purpose as long as it was properly permitted, Section 27-103 of the Code establishes that matters to be considered by the City Council in making a determination on the application include whether or not the applicant is fit, able and willing to provide the service on a regular and continuous basis. It could be argued that if a vehicle is being used as a taxicab, it is not available continuously as a limousine. In addition, under the Vehicle for Hire section of the Code of Ordinances, the definition of a "taxicab" in Section 27-1 states " ...nor shall such term apply to limousine as defined herein." Staff has therefore determined that a vehicle that is permitted as a limousine, i.e., meeting the definition, may not be a taxicab. The definition of limousine includes a similar prohibition, stating that, "the term 'limousine' shall not include vehicles rented without drivers, taxicabs, touring vehicles, publicly franchised buses or vehicles owned or operated by motels, hotels and other businesses for the transporting of guests or employees free of charge." July 8, 1993 Page 600 In view of these provisions, it was staff's opinion that Royal's plan, although expedient from a business point of view, is not within the intent of the ordinance and therefore recommended against the issuance of dual permits on the same vehicle by the City Council. In addition, there have been various issues staff has been working on with Ms. Smallin pertaining to breaches to the ordinances as it pertains to limo services and dual permits for the same vehicle would make monitoring of compliance with the ordinance virtually impossible. Therefore, in order to address this particular issue staff recommended that Ms. Smallin be required to designate the vehicles listed on her taxicab permit and any subsequent vehicles added under her taxicab permit to be those vehicles which will be used strictly to provide taxicab service. 4) Number of taxicabs in operation in the City. At the present time Sexton Enterprises, doing business as Yellow Cabs, is permitted to operate 20 taxicabs in the City of Lubbock. Their color scheme is a yellow vehicle with black lettering. 5) Whether existing transportation is adequate to meet the public need. To address this question staff pointed out that at the present time, other than private transportation providers, Citibus also provides public transportation services. Citibus currently has 13 fixed routes which serve the residents of Lubbock and two routes which serve Texas Tech students. In addition to the service provided by Citibus, as mentioned earlier, Sexton Enterprises is permitted to operate 20 taxicabs and one limousine. Other limousine services within the City of Lubbock permitted as vehicles for hire include Classic Limo, which operates one vehicle; White Knights Limo, which operates two vehicles; and Royal Transportation, operated by Ms. Smallin, which operates ten vehicles but currently has six. 6) Probable effect of increased service on local traffic conditions. July 8, 1993 Page 601 7) Whether the safe use of the streets of the City will be endangered unduly by the granting of the proposed additional taxicab service. The City Transportation Department is of the opinion that there would not be a significant impact on local traffic conditions with permitting an additional ten taxicabs nor do they feel that the safe use of the City streets will be endangered unduly by granting of the proposed additional taxicab service. 8) The character, experience and responsibility of the applicant. Staff provided a personal history submitted by the applicant along with a resume and previous work experience. In addition, a routine records check was conducted by the Police Department and no record of criminal history or traffic citations were found. Several reference checks were conducted and the results were favorable. Staff also contacted the Better Business Bureau of the South Plains and found that their office had not received nor reported any complaints pertaining to Ms. Gail Smallin's Idalou office supply store. Pertaining to the experience and responsibility of the applicant, the City has not received any complaints regarding her operation of Royal Transportation Service except from individuals who operate competing services in the City of Lubbock. Staff has not received complaints from customers regarding the service. Ms. Smallin has had some infractions pertaining to the limousine portion of the Vehicle for Hire Ordinance in her operation of her limousine service; however, staff has brought these to Ms. Smallin's attention and has been working with her to resolve these issues. These items that have arisen with her limousine permit have dealt with the manner in which she advertised her service and the rates being charged by the limousine service which were inconsistent with the intent of the portion of the Vehicle for Hire Ordinance as it pertains to limousine service. July 8, 1993 Page 602 9) Whether the applicant is fit, able and willing to provide public transportation by taxicab. Ms. Smallin has indicated her willingness to provide this public transportation by taxicab service by submitting her application. It is staff's opinion that citizens benefit by increased competition and that ultimately the market and the operator's business skill will determine the success or failure of a business enterprise such as this one. Staff recommended that Council approve Ms. Smallin's application for issuance of a permit contingent upon identifying the vehicles to be used strictly as taxicabs and that she provide the adequate bonding and liability insurance coverage as required by the Code of Ordinances prior to the granting of a permit. The rates to be charged for taxicab service will be as specifically outlined in the attachment to her application and will be the approved rate under which Ms. Smallin must operate her taxicab service. Staff does have some concerns as far as the cooperation between competing taxicab companies for service to the airport. After discussion concerning the specific violations of Ms. Smallin's limousine permit for Royal Coach Towne Car Service, Councilmember Ince said that it appears to have been the intention of Ms. Smallin for the past nine months to operate as a taxicab service rather than a limousine service without a taxicab permit. Further, she appears to have no intention of coming into compliance short of applying for a taxicab permit. Bern Case, Director of Aviation, addressed the numerous violations by both of the taxicab and limousine providers for Lubbock International Airport. When asked what his recommendation would be regarding Ms. Smallin's taxicab permit application, Mr. Case said he would prefer the situation prior to the issuance of a limousine permit to Ms. Smallin and to have only one provider at Lubbock International Airport. He said if the Council granted the taxicab permit, he would support it, but he felt that Royal Coach Towne Car Service must be brought into compliance with their limousine permit. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to deny the request of Royal Transportation for issuance of a taxicab permit. Motion carried: 5 Yeas; 1 Nay --Mayor Langston. July 8, 1993 Page 603 93-52B-603-496 (26.) ORDINANCE #9631 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN ALL SAINTS ADDITION 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. 93-52B-603-497 (27.) This 20-foot underground utility easement is located in Tract 4-A-1, All Saints Addition. The area contains 2,069.8 square feet and is being closed for building expansion purposes. All Saints Episcopal School, the original dedicator of the easement, is requesting this closure. The $150 application fee has been received and all utilities are in agreement. The Right -of -Way Department recommended approval on first reading of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to pass on first reading Ordinance #9631 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. During the Community Development Block Grant Hearing a proposal was discussed from the North Lubbock Boxing Club represented by Julia Carrillo. The project proposal has been submitted by Guadalupe Economic Services Corporation, Inc. on behalf of the boxing club, because they do not have non-profit status. Since the time of the public hearing, the request has been revised twice and currently the City Council is being asked to consider a request for $23,625.26. The request is to support the purchase of equipment and operations for the organization. The following is a summary of the requested budget for CDBG funding: Plumbing Repairs $4,200 Equipment & Supplies 9,782 Utilities 1,800 Maintenance 1,200 Liability Ins. 1,000 Annual Exams 1,500 Physical Exams 2,500 Proposed sources of income include: Community Development Block Grant $23,625.26 North Lubbock Boxing Club Match 10,000.00 Guadalupe Economic Services 2,500.00 July 8, 1993 Page 604 Currently, the North Lubbock Boxing has approximately 54 boys enrolled in the program. They have been in existence for less than one year and currently operate from contributions and volunteer support. The City Council supports a number of youth programs through the Community Development Block Grant program. This summer two major initiatives are being funded by the Community Development Block Grant program. These include the Summer Satellite program which provides meals and supervised recreation at 14 park locations for young children. The Summer Satellite program receives approximately $61,000 from CDBG to provide lunch and supervised recreation. The following census information details the number of children served daily during the first week of the program. Rodgers 100 Atzlan Park 11 Yellowhouse Canyon 18 Carlisle 25 Hinojosa 25 Rawlings 100 Chatman 60 Mahon 11 Mae Simmons 85 Hollins 45 Burns 35 Woods 60 Skyview 30 Clayton Carter 40 This represents an approximate 30 percent increase over participation from the previous year. For the adolescent youth there are the B-POP and R-POP programs. These programs were funded at $37,500 for the summer and provide extended hours and special recreation at utilizing both community centers and neighborhood gymnasiums. The B-POP/R-POP programs include a boxing program, a cooperative venture with the Lubbock Warriors. Currently the City subsidizes the program by providing the funding for the rental of the space. The Lubbock Warriors provide the volunteer coaches and equipment and meet from 6:00- 9:00 p.m. at the Optimist Club on Wednesday nights, O.L. Slaton Junior High on Tuesday nights, and Alderson Junior High on Friday nights. During the first week of the program there were approximately 75-80 children in attendance at the various sites. The City has been participating with the Lubbock Warriors for the past three years. The Lubbock Warriors Boxing Club is the oldest club in Lubbock and is a member of the U.S. Olympic Boxing program. It operates on a year round basis at the Optimist Boy's Club at 3300 Cornell; during the winter it operates from 4:00 to 7:00 p.m. The Lubbock Warriors are a 501.(C)(3) and are supported by donations and contributions with volunteer coaches. July 8, 1993 Page 605 %E= Community Development Block Grant funds may be utilized to fund public service activities. The activities must also support a national objective of the Community Development Block Grant program and in this case the national objectives would be services to low and moderate income individuals. The Guadalupe Economic Services and the boxing program will have to document the income information for each person participating in the program. This will be required in order to ensure that 51 percent of the participants in the program are low income. HUD will determine in post project monitoring if all program guidelines have been followed and the appropriate documentation supports the program's eligibility. The City of Lubbock has provided only limited operational support programs through its Community Development Block Grant. The MHMR Drug Elimination program currently receives funding for salary and operating expenses. The Guadalupe Economic Services proposal represents the second proposal to be funded where the CDBG funds provide a large portion of the operating budget. Traditionally, the CDBG program has been utilized for major capital projects with non-profit participants without an ongoing commitment to operational funding. The City has followed a "brick and mortar" approach in assisting with public services. In addition, all of the expenses to be incurred under this program would be paid directly to the vendors. This will require additional administrative support from the City of Lubbock. There is also a paragraph in the Agreement that refers to this Agreement as one-time only for seed funding for the initiation of the Boxing Club program and articulates the City Council's intent not to provide ongoing operational funds for the organization. Staff also recommended that the plumbing repairs for the amount of $4,200 be deleted from the project proposal. Currently, the Guadalupe Economic Services does not have a formal lease on the facility that they have provided for the use by the North Lubbock Boxing Club; therefore, the City cannot support Capital Improvements to a facility that does not have any site control. The facility located at 218 Avenue G is listed as Truck Center LTD and currently has approximately $7,500 in back taxes and legal fees due. Included in the project expenses for $1,000 is liability insurance, and Ms. Carrillo is currently researching the insurance which is provided by the American Boxing Federation for the program participants. An additional insurance consideration is on the contents of the building including the proposed equipment and property liability insurance for the premises. The contract requires that this insurance coverage be secured by the Boxing Club. This project would be funded from the Contingency Fund which currently has a balance of $268,758.51. With the allocation of $17,782.00 to this project, the Contingency Fund balance would decrease to $251,030.51. The City's Statement of CDBG Objectives will be amended and a Request for Release of Funds will be filed with HUD. The funding is anticipated to be released from HUD on August 10. July 8, 1993 Page 606 Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to approve a resolution authorizing the Mayor to execute a funding agreement with Guadalupe Economic Services Corporation, Inc. Motion failed: 2 Yeas; 3 Nays--Councilmember Ince, Councilmember Cooke, Mayor Pro Tem Neugebauer; 1 Recused--Mayor Langston. 93-52B-606-498 (28.) Consider Resolution #4198 authorizing the Mayor to execute a lease agreement with Lone Star Overnight for office space. RESOLUTION #4198 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and Lone Star Overnight, L.P., 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 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ 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 A copy of the Lease Agreement between the City of Lubbock and Lone Star Overnight is filed with Resolution No. 4198. Lone Star Overnight is an intrastate express mail freight company that entered the Lubbock market in 1991 and is growing steadily. They currently lease office space in the old terminal building on the airport's west side. Lone Star Overnight is a niche market air express freight operation based in Austin, Texas, that specializes in intra-Texas routes. Lone Star is seeking to renew their lease agreement for office space for another year beginning June 1, 1993. They lease 341 square feet at the rate of $5.05 per foot per year which amounts to $1,722.05 per year. This lease is also subject to annual CPI adjustments. Lone Star Overnight is successfully competing with the major freight airlines and it is hoped that they will look at expanding their operation in the future. The Airport Board unanimously recommended it to the City Council for approval in their May 19, 1993 Board meeting. Staff recommended approval. July 8, 1993 Page 607 Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4198 as recommended by the Airport Board and City staff. Motion carried: 5 Yeas; 0 Nays; Councilmember Aderton absent from the Council Chambers. 93-52B-607-499 (29.) Consider Resolution #'s 4199 and 4200 declaring the expectation to reimburse expenditures with proceeds of future debt. A. Transportation Improvements RESOLUTION #4199 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to make certain capital expenditures with respect to construction of street improvements, including signalization, lighting and rights -of -way (the "Project") and currently desires and expects to reimburse such capital expenditures with proceeds of debt to be incurred hereafter for such purpose; WHEREAS, under Treas. Reg. §1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $10,170,000. Dated: Passed by the City Council this 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary July 8, 1993 Page 608 B. Airport Improvements RESOLUTION #4200 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to make certain capital expenditures with respect to improving the existing City Airport, including heating, ventilation, air conditioning, roofing, and parking (the "Project") and currently desires and expects to reimburse such capital expenditures with proceeds of debt to be incurred hereafter for such purpose; WHEREAS, under Treas. Reg. §1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,550,000. Dated: Passed by the City Council this 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary Of the $28,690,000 approved for issuance of general obligation bonds to fund capital improvements, there are two of the nine Propositions that passed that have projects for which immediate funding is needed. These propositions are as follows: Proposition 1 Transportation Improvements $10,170,000 Proposition 2 Airport Improvements $ 2,550,000 These resolutions are technical actions that would allow the City to expend now for qualifying capital expenditures and reimburse itself this fall when the general obligation bonds are issued. Staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #'s 4199 and 4200 as recommended by the Airport Board and City staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Aderton absent from the Council Chambers. July 8, 1993 Page 609 93-52B-609-500 (30.) RESOLUTION #4201 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 Laser Imaging of Jury Summonses Agreement by and between the City of Lubbock and Lubbock County, 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 8th day of July, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tom Tuninq Tom Tuning, Manager -Information Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney LASER IMAGING OF JURY SUMMONSES AGREEMENT BETWEEN THE CITY OF LUBBOCK AND LUBBOCK COUNTY STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (City) and Lubbock County (County) desire to enter into an agreement for the laser imaging of Jury Summonses according to the following terms: I. County will deliver the following to the City's Data Processing Center: A. An 18-track magnetic tape cartridge recorded at 38,000 BPI containing variable data to be imaged onto County jury summonses provided by the City. B. A printed report indicating number of records contained within each magnetic tape file. July 8, 1993 Page 610 II. City will provide the following services: A. Variable data imaging of jury summonses. B. Folding, stuffing and mailing of jury summonses. C. County agrees to pay City the amount of 0.075 per jury summons: 0.010 Jury summons (8.5" X 11" W/Perforations) 0.040 Imaging 0.025 Folding, stuffing and mailing ----------------------- ----------------------- 0.075 Total Unit Cost D. County agrees to pay City for actual postal charges based on pre-sort discount rates, currently at 0.268 per jury summons. E. County will either provide or authorize City to purchase window envelopes. If purchase made by City, County agrees to pay actual costs of pre-printed return address window envelopes at the time City incurs the cost. F. All fees to be paid hereunder shall be paid from current revenues of the party receiving the services. Either party may, at its option, terminate this agreement by giving sixty (60) days written notice to the other party. County anticipates approximately forty thousand (40,000) summonses will be mailed annually. County will provide City a weekly magnetic tape file, pre-sorted by zip code, of prospective jurors to serve in District Courts, County Courts at Law or Justice of the Peace Courts. City will provide all equipment and qualified personnel necessary to complete the imaging, folding, stuffing and mailing detailed in Section II above. City will purchase window envelopes, pre-printed with County return address, in quantities not less than twenty thousand (20,000) unless otherwise provided by County. City agrees that every reasonable effort will be made to mail the jury summonses within forty-eight (48) hours after delivery of report and data tape described in Section I. City agrees to make necessary minor modifications of text printed on jury summons upon written request by County at no additional charge. Total annual effort not to exceed four (4) hours. City will invoice County monthly for all services, postage and envelopes purchased. Invoice will be mailed to: Lubbock County Purchasing Agent P.O. Box 10536 Lubbock, Texas 79408 County agrees to pay the City within thirty (30) days of receipt of invoice. Payment will be mailed to: City of Lubbock Manager Information Services P.O. Box 2000 Lubbock, Texas 79457 July 8, 1993 Page 611 Both parties hereto specify that all payments for the performance of governmental functions or services under this interlocal agreement will be made from current revenues available to the paying party as required by Sec. 791.011 of the Government Code. FURTHERMORE, the City of Lubbock and Lubbock County both understand and agree that this agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. Executed this 8th day of July, 1993. LUBBOCK COUNTY /s/ Don McBeath DON McBEATH, LUBBOCK COUNTY JUDGE ATTEST: /s/ Ann Davidson Secretary 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/ Tom Tuning Tom Tuning, Manager -Information Services I.1 � g :1�P1 � �ll►� l�l ��l :� u F /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, the City of Lubbock Information Services and Print Shop will provide services to Lubbock County for printing jury summonses from the Xerox laser printer within Information Services and folding, stuffing and mailing the summonses within the Print Shop. The printing process is virtually identical to the current procedures for the Municipal Court with a few changes to the text. In addition to the Municipal Court process, the City will provide the folding, stuffing and mailing services. Approximately 40,000 jury summonses will be prepared annually at a cost of 7.5 cents per summons plus the cost of envelopes and postage charges. The total charges to Lubbock County are projected to be $14,520. The price for this service more than recovers the City's cost. The processing of jury summonses for Lubbock County provides a beneficial service to the citizens of Lubbock and staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4201 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Aderton absent from the Council Chambers. July 8, 1993 Page 612 93-52B-612-501 (32.) BID #12617--Assessment Paving Program, and authorize same (Street -Drainage Engineering). RESOLUTION #4202 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 City of Lubbock and Hub City Pavers, Inc. for paving improvements to Ellwood Place Addition and Woodland Park Addition under the 1992 Assessment Paving Program, 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 8th day of July, 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/ Donald G. Vandiver Donald G. Vanidver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § Ls/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 8th day of July, 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 Hub City Pavers, Inc. 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. 12617--1992 Assessment Paving Program (Streets -Drainage Engineering) in the amount of $29,876.45 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. July 8, 1993 Page 613 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: Hub City Pavers, Inc. CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Hub City Pavers, Inc. 4214B 50th Street Lubbock, Texas Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4202 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Aderton absent from the Chambers. 93-52B-613-502 (31.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters (City Secretary and City Attorney). 93-52B-613-503 (33.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development Advisory Committee 93-52B-613-504 (34.) July 8, 1993 Page 614 By consensus, Council held Item #'s 31 and 33, and 34. There being no further business to come before Council, motion was made by Councilmember Patterson, second y a Pro Tem Neugebauer to adjourn the meeting at 2:45 p.m. otion carr'ed: eas; 0 Nays-- Councilmember Aderton absent from the Chamber 1--1 ATTEST: &tt�— 1A cl��L ett M. John on, City Secretary Read and approved this the 22nd day ATTEST: &tt,— J- Bett . John on, City Secretary