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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/24/1994FEBRUARY 24, 1994 Page 89 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 24, 1994 2:00 P.M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of February 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 2:00 P.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 3:20 P.M. ( 1.) The Invocation was given by Mark Hindman, Director of Support Services. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Max Winn appeared to discuss selection process for archaeologists. Max Winn discussed his concerns about the lack of opportunities for local people to bid on requests for proposals from the City. Mr. Winn raises the issue of local people not being given the opportunity to bid on the contract awarded to Hicks '" and Company of Austin on August 13, 1992, and again on the agreement with HDR Engineering of Dallas approved by Council in October 1992. Victor Kilman, Purchasing Manager, and Bill Hindman, a representative of HDR Engineering, provided comments. Local firms were included in the request for proposal list that culminated in the August 13, 1992, agreement with Hicks and Company. Dr. Eileen Johnson, Curator of Anthropology, Professor of Museum Science, and Director of the Lubbock Lake Landmark at the Texas Tech University Museum participated with Hicks and Company as a subcontractor. The museum's role in that job was to act as curator for all materials collected. In addition, Dr. Johnson analyzed faunal material for the project. Additionally, RFP's were sent to the local firms of W.J. Mayer -Oakes, Hugo Reed and Associates, and Ron Ralph Archaeological Assessments. At the time the Hicks and Company contract was approved, staff indicated that on future archaeological projects, if a project could be reasonably separated into separate RFP's for archaeological and geological works, separate RFP's would be considered. The scope and technical nature of the work required for landfill selec- tion and permitting as well as the critical timeline and public hearing requirements require that a firm with the appropriate expertise coordinate the various pieces of the project. If the landfill siting and permitting project had been broken out into disciplines, there would have been at least a minimum of four different firms whose work would have to be coordinated with no one firm being responsible and accountable for the overall outcome. The current agreement for landfill selection and permitting was originally approved by the City Council at its October 8, 1992, Council meeting. Because HDR had been awarded the contract for a project on expansion of the current landfill, HDR was recommended by staff and approved by Council as the firm to undertake and continue the overall project coordination of the new project. HDR was FEBRUARY 24, 1994 Page 90 recommended because of their considerable expertise and knowledge of specific landfill issues. Further, HDR is nationally recognized in performing similar pro- jects. In addition, they developed the South Plains Solid Waste Management Plan and, as a result, are very well versed on the solid waste issues in this region. HDR's project team does include local vendors. Currently the local firms participating on the team under the current agreement include Parkhill, Smith and Cooper and Hi Plains Drilling. It is anticipated that local participation in this process will total approximately 40 percent of the total budget. HDR is coordinating the activities of two local firms with the staff, equipment, and expertise to handle the scope of the geological work required. M Plains Drilling will be doing the soil borings and PSC will be logging the soil borings and taking soil samples for testing. HDR will use their in house geologist to prepare the geological report required for the permitting process. HDR has elected to use its in-house geologist to prepare the geological report. Mayor Langston confirmed the HDR has no objection to seeking the input and participation of local archaeologists when the local professionals are equally qualified. ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the February 10, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 5.) ORDINANCE #9685--Abandoning and closing a portion of Avenue B and three alleys in Blocks 124 and 125, Original Town Addition (202 Broadway). ORDINANCE #9685 ,n, AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THREE ALLEYS AND/OR EASEMENTS AND RIGHTS -OF -WAY LOCATED IN OR ADJACENT TO BLOCK 125, IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND CLOSING A PORTION OF AVENUE B LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9685 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) Consider Resolution #4390 accepting paving improvements constructed by Hub City Pavers, Inc. in Villas of Country Place Addition, Lots 1-8. RESOLUTION #4390 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 Lots 1-8, Villas of Country Place Addition, made arrangements with Hub City Pavers, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat for the abovementioned addition, including the following streets and avenues: FEBRUARY 24, 1994 Page 91 Aberdeen Avenue from the South lip line of 24th Street to the cul-de-sac South of 24th Street, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2036. WHEREAS, the construction of the above improvements on the abovementioned streets and avenues 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 abovementioned streets and avenues BE and the same are hereby accepted and the City Engineer 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 24th day of February, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lam D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 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: Aberdeen Avenue from 24th Street to the cul-de-sac south of 24th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4390 as recommended by staff. Motion carried: 7 Yeas.- 0 Nays. FEBRUARY 24, 1994 Page 92 ( 7.) Consider Resolution #4391 authorizing the Mayor to execute a contract with the Texas Department of Transportation that will continue the appropriation of transportation planning funds to the City of Lubbock acting as the Metropolitan Planning Organization (MPO). RESOLUTION #4391 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 Urban Transportation Planning Contract, 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 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Section 134, title 23, United States Code 104(f), as amended by the Intermodal Surface Transportation Efficiency act of 1991 (ISTEA), authorizes Metropolitan Planning (PL) Funds and Federal Transit Act Section 8 Funds to be made available to MPO's, duly designated by the Governor, to support the urban transportation planning process. On October 14, 1993, the City Council approved an agreement to designate the City of Lubbock as the MPO for the Lubbock Urbanized Area. The agreement was then executed by the State of Texas on November 30, 1993. The execution of this contract will make available the transportation planning funds for the ongoing development of a continuing, cooperative, and compre- hensive transportation planning process. Staff recommended approval by the City Council authorizing the Mayor to execute this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4391 as recommended by staff. Motion carried: 7 Yeas.- 0 Nays. FEBRUARY 24, 1994 Page 93 ( 8.) Consider Resolution #4392 authorizing acceptance of water and sewer improvements for Lots 1 through 65, Oak Terrace Addition. RESOLUTION #4392 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 65, OAK TERRACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 65, Oak Terrace Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $62,060.68, with the improvements constructed by Craft Construction Company, Inc., having a value of $44,026.84, as determined by the unit prices established by said Chapter 28 and $18,033.84 cash paid to the City, which amount includes $16,941.56 for adjacent lines with Craft Development Corporation, the developer, to receive a refund of $17,945.57 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $17,945.57 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Michael E. Murphy /s/ Harold Willard Michael E. Murphy, Senior Water Utilities Harold Willard, Assistant City Engineer Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $62,060.69 including value of construction costs of $44,026.84 and $18,033.84 cash paid to the City of Lubbock, which includes $16,941.56 for adjacent lines. The developer, Craft Development Corporation, will receive a refund of $17,945.57 in accordance with Chapter 28, of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. FEBRUARY 24, 1994 Page 94 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4392 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) BID #12389--Fire Department Uniforms (Fire Department). Daco Fire Safety Equipment-40 ea. Stretch Fabric Short Sleeve Shirts; 40 ea. Stretch Fabric Long Sleeve Shirts; 800 ea. Standard Fabric Short Sleeve Shirts; 700 ea. Standard Fabric Long Sleeve Shirts; 800 ea. Uniform Trousers; 40 ea. Dress Trousers; 2 ea. Tuffy Type Jacket; 120 ea. Uniform Jacket. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) BID #12771--Annual Pricing -Lamps (Warehouse). Southwestern Electric--120 ea. 25W Lamp; 120 ea. 60W CI Lamp; 1,000 ea. 75W IF Lamp; 48 ea. 175W MV Lamp; 480 ea. 189W Lamp; 360 ea. 150W Lamp; 240 ea. 100 W IF Lamp; 1,200 ea. 200W IF Lamp; 120 ea. 250 W MV Lamp; 60 ea. Med. Base 300W CL Lamp; 30 ea. 150W RS Lamp; 80 ea. 75W RS IF Lamp; 48 ea. 75W RS SL Lamp; 24 ea. 300W CL Base Lamp; 24 ea. 500W Mog Lamp; 140 ea. 400W MV Lamp; 360 ea. 150 FL Lamp; 480 ea. 75W R30 FL Lamp; 30 ea. Fluorescent Lamp; 1,000 ea. 400W SV Lamp; 200 ea. 250W SV Lamp; 24 ea. 150 Q Lamp; 1,200 ea. 100W SV Lamp; 12 ea. FEL Quartz Lamp; 12 ea. 250 R 40/1 Lamp; 400 ea. Lamp 24OV Q 1500 T 3/CL; 60 ea. FB 40 CW/6 Lamp; 480 ea. IF Lamp 25T61/2DC; 30 ea. 25T61/2 Inter Lamp; 48 ea. LU 150 Lamp; 12 ea. 500T3Q CL Lamp; 12 ea. EGJ Lamp; 12 ea. BVT Lamp; 12 ea. 500 PAR Lamp Flood; 6 ea. LU 1000 SV Lamp; 60 ea. 6 6A T10P Lamp; 60 ea. 6S6 130V Lamp; ■ w 18 ea. ULX 150 SV Lamp; 12 ea. EGG Lamp; 200 ea. 25T10 Showcase Lamp; 500 ea. 150 R/FL Lamp; 6,750 ea. F40 CW Lamp; 120 ea. F96T12D Lamp; 600 ea. F40T12D Lamp; 150 ea. F96T 12/CW Lamp; 240 ea. F96T 12/CW Lamp; 6 ea. H36-15 GW/RS MV Lamp; 36 ea. M1000/U Metal Halide Lamp; 800 ea. 1950L Traffic Lamp; 80 ea. F48T 12/CW Lamp; 48 ea. U Bent Lite White Lamp. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) BID #12787--Trucks and Truck Bodies (Fleet Services). Shamrock Chevrolet--3 ea. Cab & Chassis 15,000 GVWR Spec 514; 1 ea. Cab & Chassis 28,000 GVWR Spec 604; 3 ea. Cab & Chassis 28,000 GVWR Spec 606; 2 ea. Cab & Chassis 28,000 GVWR Spec 633; 1 ea. Cab & Chassis 28,000 GVWR Spec 634; 1 ea. Cab & Chassis 35,000 GVWR Spec 635; 1 ea. Cab & Chassis 50,000 GVWR Spec 636; 1 ea. Cab & Chassis 28,000 GVWR Spec 637. Gene Messer Ford--1 ea. Cab & Chassis 3 1, 000 GVWR Spec 615; 1 ea. Cab & Chassis 35,000 GVWR Spec 616. South Plains International--13 ea. Cab & Chassis 56,000 GVWR Spec 608; 1 ea Cab & Chassis 56,000 GVWR Spec 608-R; 1 ea. Cab & Chassis 25,000 GVWR Spec 611; 1 ea. Cab & Chassis 52,000 VWR Spec 632. Commercial Body Corporation--1 ea. Hydraulic Pressure Hole -Digger Spec 711; 3 ea. Dump Bed 14' Spec 731; 1 ea. Aerial Bucket Body 44' Spec 747; 1 ea. Dump Bed 16' Spec 748; 1 ea. Knuckle Boom Crane Spec 749. American Equipment & Trailer--1 ea. Dump Body 12 Yard Spec 722; 1 ea. Dump Body 6 Yard Spec 756. FEBRUARY 24, 1994 Page 95 Teco, Inc--1 ea. Hydraulic Lifting Derrick & Body Spec 739. Altec Industries—I ea. Aerial Body 41' Spec 743; 1 ea. Aerial Bucket Body 47' Spec 746. UEC Equipment--1 ea. Aerial Bucket Body 41' Spec 743; 1 ea. Aerial Bucket Body 41' Spec 744-1. J & B Trailers & Equipment--1 ea. Stake Bed Spec 723. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) BID #12788--Trailers (Fleet Services). H & H Trailer Sales--1 ea. 16' Gooseneck Stock Trailer Spec 2901. Abilene AG Ford New Holland--1 ea. 24,000 Lb. Capacity Gooseneck Trailer Spec 2903; 1 ea. 24,000 Lb. Capacity Gooseneck Trailer Spec 2904; 1 ea. 600 Bushel Grain Cart Spec 2905. Scott Tractor & Equipment--1 ea. Chisel Plow Spec 974. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) BID #12789--Industrial Eguipment (Fleet Services). W Scott Trailer & Equipment--1 ea. Tractor Backhoe with Front End Loader Spec 905; 2 ea. Tractor Backhoe with Front End Loader Spec 906. Yellowhouse Machinery Company--1 ea. Mechanical Street Sweeper Spec 911. Associated Supply Company--2 ea. Wheel Loader Spec 917. Western Clarklift & Supply--1 ea. Forklift 5000 Lb. Spec 932. West Texas Equipment—I ea. Dozer Spec 952. Peek Industrial Tractor Parts--1 ea. Articulating Motor Grader Spec 981. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) BID #12793--Janitorial Supplies Annual Pricing (Warehouse). Butler Paper--300 C's C-Fold Towels; 150 C's Hot -Drink Cup, 6 oz.; 540 C's Roll Towel; 600 C's Jumbo Toilet Paper. Bancroft Paper Co.--50 C's Wipe -All Towels; 120 C's Toilet Tissue. Time Chemical--9 C's Dixie Paper Cups; 300 C's Selford Towels. Dixon Paper--1,600 C's Disposable Shop Towels; 6 C's Individually Wrapped Maxi -Pads; 2 C's Tampons. FEBRUARY 24, 1994 Page 96 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) BID #12812--ADA Construction at various Municipal Buildings Phase I, and authorize same (Building Services). RESOLUTION #4393 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 and all related documents by and between the City of Lubbock and Wardroup and Associates of Lubbock, Texas, to furnish and install all materials as bid for the ADA Construction at Various Municipal Buildings - Phase I for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary hl . 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 THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 Wardroup and Associates 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: FEBRUARY 24, 1994 Page 97 W BID NO. 12812 -- ADA Construction at Various Municipal Buildings - Phase I in the amount of $134,900.00 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. 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/ George Lisenbe APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: WARDROUP AND ASSOCIATES By: Title: Owner COMPLETE ADDRESS: 4408 Brownfield Drive Lubbock, Texas 79410 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4393 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 24, 1994 Page 98 (17.) BID #12819--Municipal Tennis Center Court Renovations, and authorize same (Park Development). RESOLUTION #4394 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 and all related documents by and between the City of Lubbock and Trans Texas Tennis, Inc., of Houston, Texas, to furnish and install all materials as bid for the Municipal Tennis Center Court Renovations for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994. /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 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 Trans Texas Tennis, Inc. of the City of Houston, County of Harris, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12819 -- Municipal Tennis Center Court Renovations in the amount of $62,860.00 FEBRUARY 24, 1994 Page 99 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 T 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/ Russell Howard APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Linda F. Moore Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: TRANS TEXAS TENNIS, INC. By: /s/ Larry N. Moore Title: Vice President COMPLETE ADDRESS: 5212 Werner Houston, Texas 77022 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4394 as recommended by staff. Motion carried: 7 Yeas; 0 days. FEBRUARY 24, 1994 Page 100 (18.) BID #12822--Vehicle Wash System Renovation, and authorize same Citibus . RESOLUTION #4395 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 and all related documents by and between the City of Lubbock and Tommy Klein Construction of Lubbock, Texas, to furnish and install all materials as bid for the Vehicle Wash System Renovation for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994. /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 imo APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 Tommy Klein Construction 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. 12822 -- Vehicle Wash System Renovation in the amount of $123,782.00 FEBRUARY 24, 1994 Page 101 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, 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: APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: TOMMY KLEIN CONSTRUCTION By: Title: Owner COMPLETE ADDRESS: 3410 42nd Street Lubbock, Texas 79413 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4395 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) BID #12824--Boiler Tube Panel Installation. and authorize same (Electric Production). RESOLUTION #4396 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 and all related documents by and between the City of Lubbock and PVI Industries, Inc., of Fort Worth, Texas, to FEBRUARY 24, 1994 Page 102 furnish and install all materials as bid for the Boiler Tube Panel Installation for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994. /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 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 PVI Industries, Inc. of the City of Fort Worth, County of Tarrant, ana 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. 12824 -- Boiler Tube Panel Installtion in the amount of $129,893.00 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. FEBRUARY 24, 1994 Page 103 wow 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/ Jay Wadsworth APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: PVI INDUSTRIES, INC. By: Title Vice President/COO COMPLETE ADDRESS: P.O. Box 7124 Fort Worth, Texas 76111 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4396 as recommended by staff. Motion carried: 7 Yeas.- 0 Nays. (20.) BID #12828--Abandoned Vehicle Contract - 6-Month Pricing, and authorize same (Police). RESOLUTION #4397 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 to Remove and Store Abandoned Motor Vehicles by and between the City of Lubbock and Lubbock Wrecker Service, attached herewith, which Agreement 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. FEBRUARY 24, 1994 Page 104 Passed by the City Council this 24th day of February, 1994. /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/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES THIS AGREEMENT, made and entered into this 24th day of February, 1994, by and between the CITY OF LUBBOCK, located in Lubbock County, Texas, acting by and through DAVID R. LANGSTON, Mayor of said CITY, authorized to do so, and hereinafter referred to as the CITY, and LUBBOCK WRECKER SERVICE, located in Lubbock County, Texas, hereinafter referred to as WRECKER, for the purpose of the removal, preservation and storage of abandoned vehicles within the City of Lubbock, Texas. DEFINITIONS In this Agreement: "Abandoned motor vehicle" means a motor vehicle that is inoperable and more than five years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within the State of Texas for more than 48 hours or for more than 12 hours on a turnpike project constructed and maintained by the Texas Turnpike Authority, or a motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lienholder of record under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes) to pick up the vehicle, or for more than ten FEBRUARY 24, 1994 Page 105 (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair. 2. "Storage facility" means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. "Motor vehicle" means a vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes), and may also include a motorboat, outboard motor, or vessel subject to registration under Chapter 31 of Vernon's Texas Codes Annotated Parks and Wildlife Code. 4. "Remove" means to pick up a vehicle pursuant to this Agreement and remove said vehicle from public or private property at the request of the CITY. "CITY" includes the City of Lubbock Police Department or other law enforcement officers acting pursuant to their lawfully vested authority. 6. "Preserve" means to take reasonable measures necessary to protect a vehicle and its inventoried contents from weather conditions, theft, fire, vandalism and acts of negligence perpetrated by WRECKER or any third parties. 7. "Store" or "storage" means to park or hold or possess a motor vehicle pursuant to this Agreement. TERMS AND CONDITIONS WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be paid and performed by the hereinabove parties and under the conditions expressed in this Agreement, said parties HEREBY AGREE to the following terms and conditions: This Agreement and all supplements and agreements incidental thereto shall be construed in connection with and be governed by the ordinances of the City of Lubbock and the laws of the State of Texas. 2. WRECKER shall remove, preserve and store any and all abandoned vehicles designated to be picked up at the CITY's written request. Such vehicles shall be removed by WRECKER within forty-eight (48) hours after WRECKER receives written notice of CITY's request for removal, preservation and storage. This notice shall be on a form provided by CITY. 3. WRECKER shall store all abandoned vehicles in a storage area completely enclosed by a fence not less than six (6) feet in height, topped with barbed or safety wire, and lighted by not less than two (2) mercury vapor lights FEBRUARY 24, 1994 Page 106 illuminating the entire storage area. Vehicles shall be stored not less than two (2) feet apart and arranged to accommodate safe and prompt removal upon request. Such storage area shall be maintained within the City of Lubbock's police jurisdiction and shall be licensed by the State as a Vehicle Storage Facility. 4. WRECKER shall not remove a vehicle from its storage facility, return any such vehicle to its owner or in any other way settle charges or claims with a vehicle owner without the prior written consent of CITY. WRECKER shall preserve, store and retain possession of any and all vehicles held under this Agreement until CITY releases such vehicles by written approval. 5. WRECKER shall keep records pertaining to the removal, preservation and storage of any and all vehicles pursuant to this Agreement, including towing costs, storage costs and other incidental expenses pertaining to such vehicles. Such records shall be available to CITY upon request. b. WRECKER shall provide CITY with a performance bond in the amount of $10,000.00. WRECKER shall further provide and keep in effect an insurance policy to cover liability for loss due to fire, theft, vandalism, and/or negligence by WRECKER. CITY may request and, upon request, shall be provided proof of such insurance coverage. Such insurance shall be of an amount no less than that required by the rules promulgated pursuant to the Texas Tow Truck Act for tow trucks and the Texas Vehicle Storage Facility Act for the tow truck storage facility. 7. WRECKER shall make its storage facility available a minimum of one Saturday each month for an abandoned vehicle auction to be conducted by CITY, and WRECKER shall honor all reasonable requests by CITY intended to ensure that such auctions are conducted fairly. CITY alone shall determine the exact order in which abandoned motor vehicles will be auctioned. 8. From the proceeds of the sale at auction of any or all abandoned motor vehicles removed, preserved or stored pursuant to this Agreement, CITY shall be entitled to reimburse itself for auction expenses, towing costs, preservation and storage costs and all notice and publication costs incurred. WRECKER shall not collect any monies from the sale at auction of any FEBRUARY 24, 1994 Page 107 vehicles removed, preserved or stored pursuant to this Agreement except that this proscription shall not apply to motor vehicles deemed abandoned because they were left for more than ten (10) days in any of WRECKER's storage facilities or to motor vehicles stored pursuant to contracts for storage entered into between said vehicles' owners or operators and WRECKER. 9. WRECKER shall hold CITY free from any liability or responsibility for the acts of WRECKER or its authorized agents or employees in the performance of any terms and conditions of this Agreement or for services rendered by WRECKER. 10. CITY shall pay WRECKER $30.00 per motor vehicle to remove, preserve and store abandoned vehicles pursuant to the terms and conditions of this Agreement. CITY shall pay WRECKER two times this amount or $30.00, whichever is less for each vehicle removed by a tow truck with a gross vehicle weight of at least 26,000 pounds, but the use of such tow truck must be approved by CITY before each tow. 11. The term of this Agreement shall be from the 1 st day of March, 1994 until the 31 st day of August, 1994, but may be terminated by either CITY or WRECKER upon thirty (30) days notice to the non -terminating party. WRECKER herein agrees to dispose of all vehicles removed and stored pursuant to this Agreement and still on hand at the expiration of this Agreement or upon termination of this Agreement in accordance with CITY's instructions and at no additional cost to the CITY or the owners or operators of such vehicles. 12. WRECKER shall hold in its possession any and all inventories while in possession of any and all vehicles pursuant to this Agreement until authorized to release such inventories by CITY. 13. At the option of CITY, this Agreement may be immediately terminated if WRECKER violates any provision of the Texas Vehicle Storage Facility Act, the Texas Tow Truck Act, the City of Lubbock Wrecker Ordinance, or any rules or regulations promulgated pursuant to said Acts or said Ordinance. FEBRUARY 24, 1994 Page 108 14. WRECKER agrees to tow all vehicles in accordance with the manufacturer's recommendations for the particular make and model of vehicle In order to facilitate the proper towing of all vehicles, including large trucks and vehicles with plastic front ends WRECKER shall be equipped with: A tow truck with a gross vehicle weight of at least 26,000 pounds; and 2. A tow truck equipped with "wheel lifts"; and A tow truck equipped with a "roll back". IN WITNESS WHEREOF, the parties to these presents have agreed upon and executed this AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES this 25th day of February, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carrol Bartley Carrol Bartley, Acting Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CITY OF LUBBOCK, TEXAS (CITY) /s/ David R. Langston DAVID R. LANGSTON, MAYOR LUBBOCK WRECKER SERVICE (WRECKER) By: Title: Owner COMPLETE ADDRESS: Box 3834 Lubbock, Texas 79452 A copy of the Performance Bond of Lubbock Wrecker Service is filed with Resolution No. 4397. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4397 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 24, 1994 Page 109 (21.) BID #12829--Ground Stabilizer - 9-Month Pricing (Street Department). Lubbock Building Products--700 Cy Ground Stabilizer, 2 Sack Sand and Gravel Cement Mix. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) BID #12774--Lubbock International Airport Roofing and Waterproofing, and authorize same. RESOLUTION #4398 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 and all related documents by and between the City of Lubbock and MAC Roofing, Inc. of Port Arthur, Texas, to furnish and install all materials as bid for the Lubbock International Airport Roofing and Waterproofing for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994 /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 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 Mac Roofing & Supplies, Inc. of the City of Port Arthur, County of Jefferson, and the State of Texas, hereinafter termed CONTRACTOR. FEBRUARY 24, 1994 Page 110 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. 12774 -- Lubbock International Airport Roofing and Waterproofing in the amount of $1,134,097.00 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. 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: APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Brent Allen Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER,) /s/ David R. Lan sg ton Mayor CONTRACTOR: MAC ROOFING & SUPPLIES, INC. By: Title: CEO COMPLETE ADDRESS: P.O. Box 2905 Port Arthur, Texas 77643 The Lubbock International Airport Passenger Terminal Building, originally dedicated in 1976, has had numerous problems involving water infiltration into the building. In order to define the problems associated with the roofing and exterior envelope of the building, Joe McKay, the architect retained by the City for this project, had a complete analysis of the building performed. The results of this comprehensive study were incorporated into specifications that were produced by FEBRUARY 24, 1994 Page 1 1 1 McKay's office and approved by the City's Building and Energy Management Administrator. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4398, including base bids 1 and 2 and alternates 1 through 5 and authorizing the City Manager to transfer approximately $130,000 from the general fund to the airport fund to complete the reroofing and waterproofing. Motion carried: 7 Yeas; 0 Nays. (22.) BID #12843--K.N. Clans and Rodgers Pool Renovations, and authorize same (Park Development). RESOLUTION #4399 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 and all related documents by and between the City of Lubbock and Pharr and Company of Lubbock, Texas, to furnish and install all materials as bid for the K.N. Clapp and Rodgers Pool Renovations for the City of Lubbock, which contract is attached hereto, 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 24th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ BettXM. 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 THIS AGREEMENT, made and entered into this 24th day of February, 1994, 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 and Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. FEBRUARY 24, 1994 Page 112 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. 12843 -- K.N. Clapp and Rodgers Pool Renovations in the amount of $494,740.00 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. 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/ Russell Howard APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: PHARR AND COMPANY By: /s/ John Pharr Title: Vice President COMPLETE ADDRESS: P.O. Box 2791 Lubbock, Texas 79408 Rusty Black, Parks Superintendent, and Jim Shaw of Fanning, Fanning and Associates provided comments. Discuss ensued regarding the implications of delaying the renovations until more study can take place on the feasibility of more FEBRUARY 24, 1994 Page 113 extensive upgrade of the pools as well as the concept of a larger facility serving a larger population. Motion was made by Councilmember Hernandez, seconded by Councilmember Aderton to authorize Resolution #4399 as recommended by staff. Motion carried: 5 Yeas; 2 Nays --Mayor Pro Tern Neugebauer and Councilmember Cooke. (23.) Zone Case #2722 (1318 Harvard) --Hold a public hearing to consider request 4 of John Hall (for Charles Hall) for a zoning change from R-2 to M-1 on Lots 16, 17 and 18, Block 12, Country Club Addition, and consider ordinance. This item was deleted from the agenda. (24.) Zone Case #2723--(4933 Brownfield Highway) --Hold a public hearing to consider request of J. Murfee (for J. T. Talkington) for a zoning change from C-3 to C-4 (for a pawn shop and retail store) on Lot G, Bender Center Addition, and consider ordinance. This item was deleted from the agenda. (25.) Hold a public hearing to consider an ordinance eliminating the requirement of the payment of any fees regarding zoning of permits for group homes for handicapped persons. This item was deleted from the agenda. (28.) Consider Resolution #4400 authorizing the Right -of -Way Department to make an offer to Plains National Bank of Lubbock, Texas, Trustee, for a tract of land out of Indiana Gardens Addition (3401 34th). RESOLUTION #4400 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A portion of Indiana Gardens, an addition to the City of Lubbock, Lubbock County, Texas, as shown by the map, plat and/or dedication deed thereof recorded in Volume 550, Page 27 of the Deed Records of Lubbock County, Texas, and further described as follows: BEGINNING at a cross set in concrete at the most Easterly Northeast corner of said Indiana Gardens in the West right of way line of Indiana Avenue from whence the Northeast corner of Section 16, Block B, Lubbock County, Texas is called to bear East a distance of 40 feet and North a distance of 65 feet; FEBRUARY 24, 1994 Page 114 THENCE S 0° 06' W, along the East line of said Indiana Gardens, a distance of 232.5 feet to a 1/2" iron rod with cap set at the most Easterly Southeast corner of said Indiana Gardens and the point of curvature of a curve to the right; THENCE Southwesterly, around said curve to the right having a radius of 15.0 feet and an interior angle of 89' 54', an arc distance of 23.54 feet to a'/z" iron rod with cap set at the most Southerly Southeast corner of said Indiana Gardens at a point of tangency with the South line of said Indiana Gardens; THENCE S 90' 00' W, along the South line of said Indiana Gardens, a distance of 42.7 feet to a'/z" iron rod with cap set at the point of tangency of a curve to the left; THENCE Northeasterly, around said curve to the left having a radius of 15.0 feet and an interior angle of 89' 54', an arc distance of 23.54 feet to a railroad spike set in asphalt at the point of tangency of said curve; THENCE N 0° 06' E, along a line 42.7 feet West of and parallel to the East line of said Indiana Gardens, a distance of 217.48 feet to a railroad spike set in asphalt at the point of curvature of a curve to the left; THENCE Northwesterly, around said curve to the left having a radius of 30.0 feet and an interior angle of 90' 06', an arc distance of 47.18 feet to a cross set in concrete at a point of tangency in the North line of said Indiana Gardens for the Northwest corner of this tract; THENCE N 90' 00' E, along the North line of said Indiana Gardens, a distance of 57.72 feet to a cross set in concrete at the most Northerly Northeast corner of said Indiana Gardens and the point of curvature of a curve to the right; THENCE Southeasterly, around said curve to the right having a radius of 15.0 feet and an interior angle of 90' 06', an arc distance of 23.59 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owner of said tract being Plains National Bank of Lubbock, Texas, Trustee, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $105,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. FEBRUARY 24, 1994 Page 115 Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This resolution authorizes the Right -of -Way Department to make an offer to Plains National Bank Trust Department for the east 42.7 feet of the Indiana Gardens Shopping Center. This shopping center is where Lena Stephens is located and is needed for the widening of Indiana Avenue. Jimmy Goddard was the appraiser of this property and Adam Klein was the review appraiser. Jimmy calculated the value of the taking and damages as follows: Value of Taking: Land 11,354 sq. ft. x 4.00 per sq. ft. $ 45,416 Value of Improvements: paving, concrete, fence landscape 8,659 54,075 Value of Damages: Determined by loss of rent due reduced size of parking lot adjacent to Indiana Avenue 50,925 TOTAL $105,000 The City's offer to Plains National Bank is $105,000. The Right -of -Way Department recommended the approval of this offer. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4400 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Consider Resolution #4401 authorizing the Right -of -Way Department to make an offer to Wanda Faye Turner for Lot 1 and the east one-half of Lot 2, Block 14, Myrtle Slaton Addition No. 2 (3401 40th Street). RESOLUTION #4401 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, FEBRUARY 24, 1994 Page 116 and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot one (1) and the east one-half of Lot Two (2), Block Fourteen (14), Myrtle Slaton Addition No. 2, an additon to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract being Wanda Faye Turner, BE offered through the Right -of -Way $111,000.00 Department of the City of Lubbock the amount of $111,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of February, 1994 /s/ David R. Langston ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. Mrs. Turner is the owner of this property at the southwest corner of 40th Street and Indiana Avenue. The City's offer is $111,000. Deck Goddard was the appraiser and Adam Klein was the review appraiser. The Right -of -Way Department recommended the approval of this offer to Mrs. Turner. FEBRUARY 24, 1994 Page 117 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4401 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4402 authorizing the Right -of -Way Department to make an offer to Pauline A. Brosch for Lots 19 and 20, Block 13, Myrtle Slaton Addition No. 2 (3402 40th Street). RESOLUTION #4402 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots Nineteen (19) and Twenty (20), Block Thirteen (13), Myrtle Slaton Addition No. 2, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract being Pauline A. Brosch, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent FEBRUARY 24, 1994 Page 118 APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. Our offer to Mrs. Brosch for this property located at the northwest corner of 40th and Indiana Avenue is $100,000. Deck Goddard appraised the land at $18,000 and the improvements at $82,000. These were verified by the review appraiser, Adam Klein. The Right -of -Way Department recommended the approval of this offer to Mrs. Brosch. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4402 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) Consider Resolution #4403 authorizing the Right -of -Way Department to make an offer to Carroll White Hughes and wife, Mary Elizabeth Hughes, for the east 15 feet of Lot 54 and all of Lot 55, Block 25, Myrtle Slaton Addition No. 4 (3401 45th Street). RESOLUTION #4403 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: The East 15' of Lot Fifty -Four (54) and all of Lot Fifty -Five (55), Block Twenty - Five (25), Myrtle Slaton Addition No. 4, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract being Carroll White Hughes and his wife, Mary Elizabeth Hughes, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $128,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. FEBRUARY 24, 1994 Page 119 Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This property is located at the southwest corner of 45th Street and Indiana Avenue and is needed for the widening of Indiana Avenue. Our offer to the Hughes is $128,000, of which $12,750 was allocated to the land and $115,250 was the improvement valuation. Deck Goddard was the appraiser while Adam Klein reviewed the appraisal. The Right -of -Way Department recommended the approval of this offer. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4403 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (32.) Consider Resolution #4404 authorizing the Right -of -Way Department to make an offer to Carl H. Gelin for the east 15 feet of Lot 19 and all of Lot 20, Block 15, Myrtle Slaton Addition No. to (3402 42nd Street). RESOLUTION #4404 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: FEBRUARY 24, 1994 Page 120 The East 15 feet of Lot Nineteen (19), and all of Lot Twenty (20), Block Fifteen (15), Myrtle Slaton Addition No. 2, to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract being Carl H. Gelin, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $45,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this the 24th day of February, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This property is located at the northwest corner of 42nd Street and Indiana Avenue and is needed for the widening of Indiana Avenue. The appraiser, Deck Goddard, appraised the property at $45,000, of which $11,250 is the land value and $33,750 is the improvement value. Adam Klein reviewed the appraisal of the property. Our offer to Mr. Gelin is the appraised value of $45,000. The Right -of -Way Department recommended the approval of this offer. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4404 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (33.) Consider Resolution #4405 authorizing the Right -of -Way Department to make an offer to Joe Bob Chamberlain and wife, Marilyn Kay Chamberlain, for Lot 1, Block 19, Myrtle Slaton Addition No. 3 (3401 43rd Street). RESOLUTION #4405 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: FEBRUARY 24, 1994 Page 121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot One (1), Block Nineteen (19), Myrtle Slaton Addition No. 3, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract being Joe Bob Chamberlain and his wife, Marilyn Kay Chamberlain, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $84,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of February, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR rr. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This property is needed for the widening of Indiana Avenue and is located at the southwest corner of 43rd Street and Indiana. Deck Goddard appraised the property at $84,000 and Adam Klein reviewed the appraisal. The land was valued at $11,250 and the improvements valued at $72,750. The City's offer to the Chamberlains is $84,000. The Right -of -Way Department recommended the approval of this offer. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4405 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 24, 1994 Page 122 (34.) Consider Resolution #4406 authorizing the Right -of -Way Department to make an offer to Claude W. Harland and wife, Jaclyn Harland, for Lot 42, Block 22, Myrtle Slaton Addition No. 4 (3402 45th Street). RESOLUTION #4406 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot Forty -Two (42), Block Twenty -Two (22), Myrtle Slaton Addition No. 4, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract being Claude W. Harland and his UMN wife, Jaclyn Harland, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $83,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney FEBRUARY 24, 1994 Page 123 Ed Bucy, Right -of -Way Agent, presented staff comments. This property is located on the northwest corner of 45th Street and Indiana Avenue and is needed for the widening of Indiana Avenue. Deck Goddard was the appraiser of this property and Adam Klein reviewed the appraisal. The City's offer to the Harlands is $83,000, of which $70,250 is the value attributed to the house and $12,750 is the land value. The Right -of -Way Department recommended approval of this offer. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4406 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Consider Resolution #4407 authorizing the Right -of -Way Department to make an offer to Max E. Ramsey for approximately 9.69 acres in Section 2, Block A. Lubbock County, Texas (1802 Parkway Drivel. RESOLUTION #4407 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: for construction of a branch library, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land r�. located in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 9.69 acre tract of land located in Section 2, Block A, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $40,000.00. SECTION 3. THAT if the above Contract of Sale is not executed by April 1, 1994, by the owner of the above -described property, such Owner being MAX E. RAMSEY, the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the municipal purposes and public purposes as aforesaid. Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary FEBRUARY 24, 1994 Page 124 APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract of Sale between the City of Lubbock and Max E. Ramsey is filed with Resolution No. 4407. Ed Bucy, Right -of -Way Agent, presented staff comments. This 9.69 acre (approximately) tract of land is located south of Parkway Drive and just west of Walnut Avenue and is owned by Max E. Ramsey of Odessa, Texas. This tract of land is to be purchased for a new library site. This property was on the 1992 tax roll for $67,938 and was raised to $126,500 for 1993. Harold Chapman, Mr. Ramsey's realtor, then appeared before the Appraisal Review Board and had the value lowered. Our offer to Max Ramsey for this tract of land is $40,000. The Right -of -Way Department recommended approval of this offer. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4407 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36.) Consider Resolution #4408 authorizing the Mayor to execute and submit the 1994 HOME Investment Partnership Program Application and all related documents. RESOLUTION #4408 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 application for the HOME Investment Partnership Program for the year 1994 and related documents. Said Application 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 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. -Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Interim Director Housing & Community Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney FEBRUARY 24, 1994 Page 125 A copy of the HOME Investment Partnership Program FY 1994 Program Description is filed with Resolution No. 4408. Doug Goodman, Interim Director, presented staff comments. The HOME Investment Partnership Program was approved under the National Affordable Housing Act passed in November 1990. This year, the City of Lubbock will receive a $938,000 allocation from the Federal government under this program. Allocations are determined by a formula system. One of the goals of HOME is to provide local governments with the flexibility to decide what types of housing assistance are most appropriate to meet local housing needs. HOME funds may be used for a variety of activities to develop and support affordable housing. Eligible activities include; tenant based rental assistance, assistance to first-time homebuyers and existing homebuyers, property acquisition, new construction, reconstruction, moderate or substantial rehabilitation, site improvements, demolition, relocation expenses, and other reasonable and necessary expenses related to development of non -luxury housing. The statute provides a preference for rehabilitation. In order for the City to utilize HOME funds for new construction, additional criteria must be followed including an increased match percentage. A requirement of the HOME program is for participating jurisdictions to provide a local match of at least 25 percent. For the City of Lubbock's FY 1994 program a match of approximately $175,875 will be required. This year the City of Lubbock has specifically identified the source of match as the appraised value up to the amount needed of the University Pines Duplexes, acquired January 19, 1994. HOME funds can only be utilized to assist low income households. Additionally, each participating jurisdiction is required to reserve at least 15 percent of funds for housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). CHDOs are private, non-profit organizations which must meet a number of requirements. The City has eighteen months to commit funding to a CHDO. For Lubbock, the CHDO set -aside is $140,700. The program description states that the City will follow the goals, objectives, and strategies identified in the CHAS. There will be an emphasis on owner occupied rehabilitation assistance to existing homeowners. Owner -occupied rehabilitation will be done to complete the pending cases of applicants that applied for CDBG rehab funds in 1993. Since the CDBG rehab program has been city-wide in the past, these applications have been carried over from year to year. Whenever there has been more approved applicants than funds, the approved applicants have been rolled over into the next fiscal year. However, with the CDBG funds being targeted for 1994-95, this was not possible, so these funds will be utilized to finish this year's caseload of approved applications. The HOME Program Description identifies the following categories of project expenditures. Owner -Occupied Rehabilitation $703,500 Community Housing Development Org. $140,700 Program Administration $ 93,800 The activities to be performed by the Community Housing Development Organization have not been determined and the program description reflects the mandatory 15 percent set aside. The Program Description can be amended and changed at any time. These revisions generally do not require HUD approval. The staff recommendation is to submit the HOME Program Description in order to receive the City of Lubbock's allocation. FEBRUARY 24, 1994 Page 126 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4408 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (37.) Consider a resolution authorizing the Mayor to execute a contract with BGR Architects -Engineers for architectural services at Lubbock Animal Control. This item was deleted from the agenda. (38.) Consider Resolution #4409 authorizing the City Council to appoint an ad hoc New Landfill Permit Citizens Advisory Task Force. RESOLUTION #4409 WHEREAS, the City Council has under discussion the permitting of a new landfill site for the City of Lubbock; and WHEREAS, the City Council has determined that citizen involvement is important to the process of identifying both technical and non technical issues regarding landfill permitting; and WHEREAS, the City Council has determined that all the above issues may best be reviewed by a local citizen group; and WHEREAS, such citizen group may find it helpful to solicit additional help from volunteer citizens who possess expertise to act as ADHOC subcommittee members; and WHEREAS, such should be made up of a cross section of the community; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there is hereby created and established a New Landfill Permit Citizens Advisory Task Force consisting of eleven (11) members who shall be appointed by the City Council. SECTION 2. THAT each member of the Task Force shall serve no greater than eight (8) years or until receipt of a landfill permit, whichever is less time. SECTION 3. THAT in the event that a vacancy occurs on the Task Force for any reason, then in such event the City Council shall appoint a person to fill such vacancy for the unexpired term of such appointee. SECTION 4. THAT the Task Force shall appoint one of its members as Chairperson and one of its members as Vice -Chairperson. It shall be the duty of the Chairperson to preside at all meetings of the Task Force and the Vice -Chairperson shall preside in the absence of the Chairperson. The Solid Waste Management Department shall keep records and provide assistance to the Task Force as required to enable them to perform their duties. SECTION 5. THAT any and all recommendations made by the Task Force to the City Council shall be made by the concurring vote of at least six (6) members of the Task Force. A majority of the total membership of the Task Force shall constitute a quorum for the transaction of all matters to be considered by the Task Force. This Task Force is further authorized to establish Ad Hoc Citizen Subcommittees made up of citizen volunteers appointed by the Task Force when such action is deemed advisable by the Task Force to assist it in the discharge of its duties. The Ad Hoc Citizen subcommittees shall have no right to vote on any matter before the Task Force and shall only make recommendations to the Task Force as a whole. FEBRUARY 24, 1994 Page 127 SECTION 6. THAT the Task Force may adopt rules for its internal operation not inconsistent with the terms and conditions of this Resolution. SECTION 7. THAT the Task Force shall meet as often as said Task Force deems necessary to discharge their duties hereinafter set forth. SECTION 8. THAT the Task Force shall undertake the following duties: (a) Become knowledgeable about local and regional solid waste issues. This will include the following: (1) Waste generation rates. (2) The SPAG Regional Solid Waste Management Plan. (3) Landfill operations and landfill life remaining in existing Lubbock Landfill (4) Environmental Protection Agency Subtitle "D" Regulations impact on rural and suburban landfills. (b) Become familiar with local waste flows. This information will include but not be limited to the following: (1) Information regarding the final disposition for the waste generated locally. (2) Information regarding the final disposition for the disposition for the waste generated in the region. (c) Become knowledgeable about local, state and federal regulations regarding the permitting of a Type I, Municipal Solid Waste Landfill. This information will include but not be limited to the following: (1) Environmental Protection Agency Subtitle "D" Regulations. (2) State of Texas Municipal Solid Waste Management Regulations, including the following information required as a part of the permit application: (i) Technical requirements of Part I of the permit application, as it pertains to the contents of the permit application; (ii) Technical requirement of Part II of the permit application , as it pertains to describing the existing conditions and the character of the site and the surrounding area; (iii) Technical requirements of Part III of the permit application, as it pertains to the necessary engineering information, detailed investigative reports, the schematic designs of the facility, and the required plans; (iv) Technical requirements of Part IV of the permit application, as it pertains to the site operating plan, which discusses the City of Lubbock's plan to conduct daily operations at the site; and (v) Technical requirements of Part V of the permit application, as it pertains to construction documents and specifications. (3) The State of Texas Antiquities Code. FEBRUARY 24, 1994 Page 128 SECTION 10. The Task Force shall make annual progress reports to the City Council. Additional reports shall be made to City Council upon Council's request. Upon receipt of a landfill permit, the Task Force as herein created shall cease to exist and be of no further force or effect. Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BettyM. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ :Lee E. Ramirez Lee E. Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Lee Ramirez, Solid Waste Superintendent, presented staff comments. The City of Lubbock is in the process of permitting a new landfill. Phase I of the process represents site selection. Phase II represents permit preparation and submission to the Texas Natural Resource Conservation Commission (TNRCC). Phase I was completed on August 12, 1993, when the Site Selection Task Force presented its recommendation to the City Council. The recommendation called for the purchase r.. of a 1,280-acre site located in northern Lubbock County. On November 18, 1993, the City Council authorized the Mayor to enter into land option contracts for the purchase and use (for environmental testing) of the site. Phase II, the permitting process, has been initiated. HDR Engineering is providing permitting services under a contract with the City of Lubbock and is in the process of preparing the proposed permit application. Solid Waste Management recommended that the City of Lubbock appoint an ad hoc New Landfill Permit Citizens Advisory Task Force to assist in the permitting of the new landfill. This advisory task force would be comprised primarily, although not exclusively, of Lubbock citizens and would provide the City with additional expertise and citizen involvement. The proposed Citizens Advisory Task Force would monitor the City of Lubbock and HDR's progress on the permit application as well as assist us in raising and addressing both technical and non- technical issues of concern. Solid Waste Management proposes that the members of the recently dismissed Site Selection Task Force be appointed to the New Landfill Permit Citizens Advisory Task Force. Because of their prior involvement, these individuals are well versed in solid waste landfill issues. Staff recommended that Council appoint an ad hoc New Landfill Permit Citizens Advisory Task Force. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to authorize Resolution #4409 as recommended by staff. Motion carried: 7 Yeas.- 0 Nays. FEBRUARY 24, 1994 Page 129 (39.) Consider Resolution #4410 approving subcontractor selections for the City of Lubbock Landfill site selection and permitting activities. RESOLUTION #4410 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 approve for and on behalf of the City of Lubbock subcontractor selection, to -wit: Parkhill, Smith & Cooper (PSC), Lubbock, Texas, Hicks and Company, Austin, Texas, and High Plains Drilling, Abernathy, Texas. This subcontractor approval is pursuant to Article 22, Subcontractors of the City of Lubbock/HDR Engineering, Inc., Dallas, Texas contract title Landfill Site Selection and Permitting Agreement dated October 8, 1992. Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ramirez Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: r„ /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Lee Ramirez, Solid Waste Superintendent, presented staff comments. On October 8, 1992, the City signed an agreement with HDR Engineering, Inc. to identify a site for the future Lubbock Landfill and prepare permitting documents for the selected site. HDR worked with Parkhill, Smith and Cooper, Inc. of Lubbock on the project. The Citizens Advisory Committee presented its final report to the Council in August 1993. HDR also worked with Hicks and Company on the site selection project to identify any potential cultural/archaeological issues that might be present at the proposed site. HDR also contracted with Hi Plains Drilling to perform soil borings at the northern portion of the site. Local participation in the site selection effort, including the cost of doing soil borings, was approximately 50 percent of the total amount spent on the project. On December 2, 1993, the City Council approved Supplemental Agreement No. 1 to the October 1992 agreement which allowed HDR to proceed with work to complete the permit document for the project. It has been brought to our attention by the City Attorney's Office that pursuant to Article 22, Subcontractors, of the Landfill Site Selection and Permitting Contract dated October 8, 1992 that the City Council must be involved in the approval of any subcontractors selected to do work at the proposed site. Currently, no Owner's Representative is named in the contract. Because no staff member was named as the Owner's Representative, Council functions as the Owner's Representative until otherwise modified. HDR has proposed a project team that includes the following firms: PSC Inc.; Hicks and Company; Hi Plains Drilling; and a firm yet to be selected for performing aerial photography work on the site. HDR's selection of these firms is based on their working relationship with these firms, understanding of local FEBRUARY 24, 1994 Page 130 conditions, and previous successful work during the site selection process. It is anticipated that local participation in this process will amount to approximately 40 percent of the total budget for the project. City staff recommended that Council approve the project team that HDR has assembled for the Landfill Permit Project. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4410 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Ince absent from Council Chambers. (40.) Consider an order regarding adding a proposed Flood Light Service Rate to the rates charged by Southwestern Public Service. It was the consensus of Council to hold this item for a future agenda. (41.) Consider a Resolution regarding adding a proposed Flood Light Service Rate to rates charged by Lubbock Power and Light. It was the consensus of Council to hold this item for a future agenda. (42.) Consider Resolution #4411 authorizing the Mayor to execute on behalf of the City of Lubbock an Expression of Intent to Participate in ioint loan to Texcot Bleachers, Inc. by and between the City of Lubbock, City Bank, and other local banks. RESOLUTION #4411 �M.. 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 Expression of Intent to Participate in Credit Facility, by and between the City of Lubbock and City Bank, 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 24th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary FEBRUARY 24, 1994 Page 131 APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations/ Economic Development APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Expression of Intent to Participate in Credit Facility between City Bank and the City of Lubbock is filed with Resolution No. 4411. Rod Ellis, Director of Business Relations and Economic Development, presented staff comments. As a result of several months of negotiations between local banks, Texcot Bleachers, Inc. and the City of Lubbock, staff have received a written request from Mr. Mike Liner, President and CEO of City Bank, asking the Mayor and City Council to give consideration to a proposal entitled "Expression of Intent to Participate in Credit Facility." The subject of this document involves the terms and conditions under which the City of Lubbock would be willing to participate in a business loan to Texcot Bleachers, Inc. Texcot is considering starting a new business in Lubbock if it can receive financing to purchase equipment which cleans and bleaches cotton. Mr. Liner indicates in his letter to the Mayor and Council that the intent to participate in the loan has been presented to and favorably received by four banks in Lubbock. These banks are City Bank, First National Bank, American State Bank, and Plains National Bank, and the four banks are desiring for the City of Lubbock to participate with them in a public -private financing arrangement to provide capital for the new business venture. If the City Council decides to become involved in this financing arrangement between the four local banks and Texcot Bleachers, Inc., the proposal will then be presented to the loan committees of each of the four banks for final approval. , An extensive review by the four banks indicates that this should be a very viable project which will directly benefit the City of Lubbock. This business venture will not go forward in Lubbock without City participation in the loan agreement. Some of the benefits to the community as a result of the project are: New jobs will be created in the community. 2. There will be additional tax revenues for the community. There will utilization of local products such as South Plains Cotton and electric power to create a value-added product marketable at both retail and wholesale levels. The main points of the "Expression of Intent to Participate in the Credit Facility" are as follows. City Bank has been designated as the lead bank in the credit facility. 2. Texcot Bleachers, Inc., a Texas corporation, is considering starting a new business to be located in Lubbock, if it can receive financing to purchase equipment which cleans and bleaches cotton. This new business will provide approximately 89 new full-time jobs in the community. FEBRUARY 24, 1994 Page 132 3. The equipment costs for the new facility will be approximately $9,800,000, and Texcot will make a cash down payment of approximately $1,300,000, and will need to borrow approximately $8,500,000 to purchase the equipment to start the business. 4. City Bank will act as the lead bank for the $8,500,000 loan if it can syndicate a credit facility with the banking institution participants. The other lenders with City Bank are as follows: a. City Bank, lead bank - $1,000,000 b. Plains National Bank, participant - $1,250,000 C. First National Bank, participant - $1,250,000 d. American State Bank, participant - $1,250,000 Total of all banks - $4,750,000 e. City of Lubbock participation - $3,750,000 Total amount of loan - $8,500,000 This loan will be made provided the loan documents contain terms and conditions usual and customary in loans of this nature, and all the loan documents and terms of the loan are acceptable to all other lenders and to the City of Lubbock. 6. The terms and conditions of the loan to the borrower will be the subject of further negotiation, and if a decision is made to make the loan, it will be evidenced by written loan agreement which at a minimum will provide: a. First and prior purchase money security interest in all machinery and equipment of borrower. b. Continuing guaranty agreements from the equipment vendors of at least $2,000,000 supported by irrevocable letters of credit. C. Continuing guarantees from the five principals of borrower of at least $1,300,000 in the aggregate. The five principals are: B. Frank Thompson, David Clark, Pat Clark, Curtis Griffith, and Rick Thompson. Frank Thompson is chairman. d. Interest to accrue on the loan at a floating per annum interest rate equal to Wall Street Journal prime plus two percent, with a principal and interest of the loan to be amortized and paid in monthly installments over a ten-year period. The lead bank will be paid 1/2 percent of the annual rate for administration and servicing of the loan. 7. The lead bank agrees to use its best efforts to syndicate the credit facility in an amount up to $8,500,000, and the City under its authority to encourage economic development projects agrees to participate in the credit facility in an amount of $3,750,000. If the City of Lubbock participates in the loan, it is recommended that the FEBRUARY 24, 1994 Page 133 loan funds of $3,750,000 be taken from the Lubbock Power and Light reserve fund. There are adequate funds in the LP&L reserve to cover the amount of the loan. At some future date, Council would need to pass Resolution # authorizing these funds to be set aside to fund the loan obligation. 8. It should be understood that this agreement is an expression of intent only, and is not binding upon bank, City, borrower, or other lenders, and no person or entity shall have any claim or cause of action against bank, City, lenders, or any other person or entity for the failure to syndicate this credit facility or failure to participate in the credit facility. 9. Participation in the loan by bank and other lenders is specifically conditioned upon: a. Loan participation agreements containing terms and conditions which are acceptable to each bank. b. Loan documentation with the borrower upon terms and conditions, and supported by such collateral as may be acceptable to each bank. The loan participation of each bank being collateralized by first and prior lends on the collateral of each dignity with each other. The right of each bank to payment of its pro- rata portion of the loan shall be equal, and no bank shall have priority over another bank. The banks collectively shall have a first out participation in the loan with priority over the City in the event of default. d. The rights of each bank, in the event of default to payment of its pro-rata portion of the loan, and to realize upon collateral shall be a "first -out basis" so that after default, the banks are collectively on a first -out basis to be paid in full before any further payments upon City's participation. 10. The City's participation in the loan is conditioned upon the following: a. A loan participation agreement with City as a participant, containing terms and conditions which are acceptable to the City, which participation agreement will include: That the bank will exercise the same care and discretion in administering serving and enforcing the loan that it exercises with respect to similar loans solely for its own account, and that the bank will act in accordance with prudent banking standards to preserve, protect, and defend the collateral with a view towards maximizing its value. 2. City Bank will administer the City's portion of the loan for a servicing fee. 3. That the right of City to payment of its pro-rata portion of the loan, prior to default, shall be equal to that of each bank, and no bank shall have priority over City to such payment. FEBRUARY 24, 1994 Page 134 4. That the loan participation of City is collateralized by first and prior lien on the collateral subject only to the "first -out" participation of the banks. b. Loan documentation with the borrower upon terms and conditions, and supported by such collateral as may be acceptable to the City. C. The adoption of a program by City for making loans and grants of public money as authorized by the local government code. 11. The lead bank will attempt to enter into a loan commitment with borrower upon terms and conditions acceptable, not only to bank, but which is specifically conditioned upon participation by the other lenders and by the City upon terms and conditions acceptable to each entity. 12. The bank will attempt to syndicate the credit facility by securing a binding commitment from each participant which is specifically conditioned upon the other lenders, and City also entering into a binding commitment to participate in the loan. 13. Neither bank, City, nor any participant shall have any liability whatsoever, for failure to hereafter arrange or participate in the credit facility. Texcot Bleachers, Inc. is not requesting any additional financial incentives from the City for the project. Tax abatement is not being requested. Texcot has received a loan commitment from the Texas Agricultural Finance Authority for $800,000 that will go into operating capital for the new business. The lead bank (City Bank) has conferred with the other participating banks and represents to us that all banks are interested in participating in this loan; however, the proposal will not be presented to the loan committees of each of the four banks until the City Council acts favorably on the request. The principals of Texcot have represented to us that they are confident that a market exists for their finished product. Staff members have not thoroughly investigated this claim; therefore, staff recommended that the banks be asked to thoroughly evaluate the markets for this product as a condition of making the loan. In light of the fact that the City Attorney does not see approval of this document as a binding commitment, staff recommended approval of the expression of intent. Jay O. Nelson, Mikel Ward, and Max Winn appeared to express their opinions concerning the project. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4411, amending the City's participation to be up to 25 percent rather than 40 percent. Motion carried: 4 Yeas; 3 Nays --Mayor Langston, Councilmember Aderton, and Councilmember Patterson. FEBRUARY 24, 1994 Page 135 (43.) Consider Resolution #4412 giving notice of intent on behalf of the City of Lubbock to enter into a tax abatement agreement with Gary Products Group, Inc. RESOLUTION #4412 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Gary Products Group, Inc.; and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Gary Products Group, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in Section 3, Block S, Johnson Subdivision, Lubbock County, Texas. Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Relations/ Economic Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Rod Ellis, Director of Business Relations and Economic Development, presented staff comments. Gary Products Group, Inc. has made application for Industrial Tax Abatement in the South Enterprise Zone. The company plans to produce a complete line of unique patented plastic accessories for installing Christmas decorations. The company plans to build a 120,000 square foot distribution facility with a 7,500 square foot office at an estimated cost of $1,500,000 to be located at 3101 Southeast Loop 289. As a result of the expansion, the company plans to create 65 jobs. The request for tax abatement is for a ten-year period. The company has purchased 32 acres of land for the facility, and the proposed completion date for the new construction is August 31, 1994. The cost for the FEBRUARY 24, 1994 Page 136 land was $150,000. In addition, the company is eligible for $150,000 in infrastructure funding from LP&L. The County Judge and Lubbock Independent School District have reviewed the full application and have responded verbally on the amount and term that could be provided if Council agrees to contract with the abatement. County Judge McBeath stated that Lubbock County would be receptive to approving the contract. Mr. Larry Throm of the School District stated that LISD would not be able to approve the contract. Staff recommended favorable consideration by Council and execution of the agreement. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4412 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke absent from Council Chambers. (44.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Manager and Chief of Police). It was consensus of Council to hold this item for a future agenda. (45.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase and value of real property (Streets and Right -of -Way). It was consensus of Council to hold this item for a future agenda. (46.) Hold an executive session, in accordance with V.T.C.A. Government Code, '+ Section 551.071 (1)(A), to discuss pending or contemplated litigation (Water Utilities). It was consensus of Council to hold this item for a future agenda. (47.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Board of Health Zoning Board of Adjustment Urban Design and Historic Preservation New Landfill Permit Citizens Advisory Task Force "Goals for Lubbock: A Vision Into the 21st Century" Economic Development Subcommittee Education Subcommittee Health, Safety and Human Services Subcommittee Intergovernmental Coordination Subcommittee Land Use and Urban Design Subcommittee FEBRUARY 24, 1994 Page 137 Neighborhood and Citizen Involvement Subcommittee Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee Transportation Subcommittee Utilities Subcommittee It was consensus of Council to hold this item for a future agenda. (48.) Consider one appointment to the Board of Health to replace Barry Bartee, whose term has expired. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to reappoint Barry Bartee to the Board of Health. Motion carried: 6 Yeas; 0 Nays. (49.) Consider three appointments to the Zoning Board of Adjustment to replace Penny Morin, Bobby Rodgers, and Kim Allen, whose terms have expired. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to reappoint Penny Morin, Bobby Rodgers, and Kim Allen to the Zoning Board of Adjustment. Motion carried: 6 Yeas; 0 Nays. (50.) Consider one appointment to the Urban Design and Historic Preservation Commission to replace Linda McGowen, who has resigned. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to appoint Garry Kelly to the Urban Design and Historic Preservation Commission. Motion carried: 6 Yeas; 0 Nays. (51.) Consider two appointments to the Zoning Board of Adjustment to replace Ken Flaaa and Robert Sanders, whose terms have expired. It was consensus of Council to hold this item for a future agenda. (52.) Consider eleven appointments to the ad hoc New Landfill Permit Citizens Advisory Task Force. It was consensus of Council to hold this item for a future agenda. (53.) Consider appointment of a Chairman of the "Goals for Lubbock: A Vision Into the 21st Century" Committee by the Mayor, subcommittee chairman and ten members for each of the goals subcommittees of Economic Development; Education; Health, Safety and Human Services; Intergovernmental Coordination; Land Use and Urban Design; Neighborhood and Citizen Involvement; Recreation, Parks, Entertainment and Cultural Affairs; Transportation; and Utilities. It was consensus of Council to hold this item for a future agenda. (26.) Hold a Public Hearing for the 1994-95 Community Development Block Grant Program. Mayor Langston opened the Public Hearing at 5:45 P.M. Hilda Adams, representing the South Overton Neighborhood Association, requested that $5,000 per neighborhood for the South Overton and North Overton neighborhoods be granted for their alley lighting programs in conjunction with the FEBRUARY 24, 1994 Page 138 neighborhood associations' Safety/Crime Prevention Project. Doris Fletcher, representing the North Overton Neighborhood Association, also appeared to make the same request. Ms. Adams indicated that the associations did not present a funding proposal to the Community Development Advisory Committee. Joy Young, representing the South Overton Residential and Commercial Association, requested that a certain amount of funding for the summer recreation satellite program be set aside for junior leadership programs. Mayor Pro Tern Neugebauer suggested that the association continue to seek support from the organizations already in place to sponsor such programs, including Boys and Girls Scouts. Dorothy Jones appeared to request that the unpaved portion of East 1 Oth Street be paved. Ms. Jones had not sought estimates for this paving. Cecil Puryear appeared to suggest that CDBG funds be used to fix up housing for people whose lives are in jeopardy due to poor conditions. He further suggested that funds for new construction be reallocated to residential rehabilitation. Eddie Dixon spoke in support of the Smart Cap Program, a program for getting youth involved in artistic efforts. Celia Ruiz and Anne Villarreal spoke in support of the B-POP/ R-POP program and Rodgers Community Center Renovations. They indicated that they do not support having the social services located at the community center. Mikel Ward, representing SPARTAN, Community Commitment Task Force, and the neighborhood associations. She confirmed that she supports those project fandings that include "sweat equity" and self-help as well as the small business loans. Joan Ervin requested that funding for the MLK Blvd. memorial area renovation and upgrading be funded at the full request of $30,000 rather than $20,000 approved. Yolanda Jimenez and Margy McMennamy, representing Community Housing Resource Board, requested funds from the set -aside funds. Edward Hernandez and Bill Cox, representing the Optimist Boys' and Girls' Club, asked that their project be funded at the requested $306,660 level rather than the approved $25,000. They indicated that $266,000 would be for expansion of the existing building and $40,660 would be for new equipment. Gloria Durham addressed her overall concerns for the funding process. Max Winn addressed his overall concerns for the funding of "luxury" items. Eddie, Morgan, and Kelsey Kirkpatrick spoke in support of funding for Rodgers Community Center renovations. They expressed their concerns regarding having social services at Rodgers and suggested that any additions to the facility be for the children who use the center. Oscar Jones, MIEVIR, requested that the Council fund the MHMR Youth Outreach Program at the level requested of $119,000 to continue the program as well as to expand it to the Arnett -Benson area. If the program could not be funded at that full level, Mr. Jones recommended funding of $80,000. Betsy Jones, CDAC member, responded to a question from Mayor Langston as to why the program was not recommended for funding, indicating that the presentation by MIDvIR did not provide the committee with sufficient evidence that the program is successful. City staff interjected that MHM had been given the opportunity to provide statistical evidence and had not done so. Mayor Pro Tern Neugebauer FEBRUARY 24, 1994 Page 139 voiced his concern about funding labor intensive programs and reiterated that it is the philosophy of the Council to reduce funding for personnel. Gene Gatewood, representing Cherry Point Neighborhood Association, asked why the Cherry Point area wasn't included in any of the projects. Mayor Langston reminded Mr. Gatewood that Chatman Hill and Arnett -Benson neighborhoods are being targeted this year but that others will be targeted in the future and encouraged Mr. Gatewood to start now working with the City staff on targeting Cherry Point in the future. Terri Pryer spoke in support of the Rodgers Community Center renovation but asked that the targeting of at -risk children not be done at the expense of the disciplined kids. Her children, Mark and Matt, asked that a gym be constructed at Rodgers. Mark presented petitions to the Council in support of continuing current Rodgers' programs. J. W. McCafferty, President of Chapel Hill Neighborhood Association, and Naomi Reagan, Chapel Hill resident, spoke in support of the CDAC decision to fund Chapel Hill renovations from contingency funds. A 4th-grade student at Wheatley Elementary, Cornelius, requested that the Council reconsider funding of the MIJ I IR Youth Outreach Program. Lathan Johnson made the same request. Shelly Heinrich, employee of the Early Learning Center, spoke in support of the fee assistance program and Carver renovations. Johnny Gutierrez and Yolanda Larez spoke in support of funding for the Boys' Club in conjunction with Rodgers Community Center. Ms. Larez indicated that it ,now is not feasible to use the Tubbs Elementary School gym. She further voiced her concerns about having the social services provided at Rodgers Community Center. Mayor Langston reminded the audience that taxpayers are already paying for gyms and we should instead work with the Lubbock Independent School District to utilize the gyms to a greater extent. Bill Cox, representing Lubbock Boys and Girls Club, requested that the funding be increased from $25,000 to $306,000 for building expansion and new equipment. R. S. "Scott" Brock requested that the City Council be diligent in not only targeting areas but targeting types of programs also to become more focused. Mike Martinez and Johnny Castillo spoke in support of the Boys Club and Rodgers Community Center and requested that Council consider constructing a gym at Rodgers. Miguel Martinez requested that consideration be made regarding funding of the MHMR Youth Outreach Program. Maye Constancio spoke in support of targeting of Arnett -Benson and Chatman Hill and voiced her concern about lack of attention to issues of the elderly. Betty Etgen spoke in support of funding in the Chapel Hill area through the contingency fund balance. Rev. Franklin and William Martin expressed support for the economic development efforts and new construction in the Chatman Hill area. Betty Campbell, representing the Blue Sky Neighborhood Association, requested strip paving of streets in the area, quoting a figure of $145,458 for four streets to FEBRUARY 24, 1994 Page 140 be strip paved. Mayor Pro Tem reminded the audience that the land developers and land owners pay for the paving, not the City. R. J. Givens, Jr., representing Restore East Lubbock Business Association (RELBA), requested seed money to purchase a site for RELBA. He indicated that the association did not submit a proposal to the CDAC. Mayor Langston recommended that the association contact Gary Lawrence at First National Bank regarding loan programs for projects of this type. Raul Martinez, a 12-year old resident of the Arnett -Benson area, told the Council that he doesn't want a clinic at Rodgers Community Center because there is already a clinic at Our Lady of Grace Church and he goes to the center to have fun. Blanchie Swisher, asked that the Council consider more funding for the East Lubbock areas in order to help the areas grow. Ellis Langston, representing the executive council of the Lubbock Unit Neighborhood Association, endorsed the proposed support for development of neighborhood associations in the amount of $12,850. Jodie Stamps, a teacher at Tubbs Elementary School, spoke in support of Optimist Boys Club, saying that the building is in dire need of improvements. Sara Garcia reiterated the need for improvements to the Boys Club building and further suggested that tutoring is needed at Rodgers Community Center. Ms. Garcia voiced support for social services being provided at Rodgers. She further reminded Council that the City staff must monitor the programs that are being funded to ensure that they are succeeding. Isaac Garnett, John Wallace, and Ray Coulombe, employees of MHMR Youth Outreach Program, spoke in support of the Youth Outreach Program. Mr. Coulombe indicated that he has been providing statistical information to the Community Development office and did not know there was a problem with the information being provided until the public hearing. Oscar Jones told the Council that the program could be continued at the same level with $63,000. Mayor Langston closed the Public Hearing at 9:40 P.M. (27.) Consider Resolution #4413 authorizing the Mayor to execute and submit the 1994-95 Community Development Statement of Objectives and all related documents. RESOLUTION #4413 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 1994-1995 Community Development Block Grant Application for the year 1994 and related documents. Said Grant Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. FEBRUARY 24, 1994 Page 141 Passed by the City Council this 24th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Interim Director Housing & Community Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney As part of the City of Lubbock's Community Development Block Grant program, the Community Development Advisory Committee solicits citizen input into developing the Annual Statement of Objectives. The Community Development Advisory Committee held three proposal hearings during the month of January to provide citizen's the opportunity to hear proposed program presentations, to make comments on the proposals and make suggestions for programs. The proposal hearings were held at Rodgers Community Center, located in the targeted Arnett - Benson neighborhood, at Mt. Gilead Baptist Church, located in the targeted Chatman Hill neighborhood, and at the Municipal Building. Over 125 citizens attending the hearings. `w On November 19, 1993, CDAC members toured proposed CDBG target areas. The tour included ten potential neighborhoods for funding. The neighborhoods toured were Arnett -Benson, Chatman Hill, Cherry Point, Elliston-Bozeman, Heart of Lubbock, Jackson, Manhattan Heights, North Overton, Posey and South Overton. Community Development Advisory Committee members ranked the neighborhoods based on need in the areas of public facilities, public services, code enforcement, housing, paint -up, and graffiti. At a special meeting held on November 23, 1993, the total ratings were examined by the members and the proposed target neighborhoods for the 1994-1995 fiscal year were determined to be Arnett -Benson and Chatman Hill. This recommendation was made and approved by the City Council on December 9, 1993. The following is a list of the project proposals recommended for funding: 1994-95 PROPOSED USE OF CDBG FUNDS COMMUNITY REINVESTMENT Target Areas: Residential Rehab $ 800,000 Down payment Assistance 50,000 Repair of Last Resort 125,000 Barrier -Free Living 40,000 New Construction 400,000 FEBRUARY 24, 1994 Page 142 Early Learning Ctr. Carver Renovation 18,750 Optimist Boys' and Girls' Club 25,000 Rodgers Community Ctr. Renovation 319,799 Early Learning Ctr. Fee Assistance Prg. 50,000 Subtotal $1, 828, 549 Special Purpose: Land Disposition $ 20,000 Paint -Up 50,000 Project Helping Hands 300,000 Neighborhood Enhancement 80,000 Martin Luther King Archives 20,000 Summer Recreation Satellite 90,000 B-POP/R-POP 35,000 Code Enforcement 185,000 Neighborhood Association Development 12,850 r i Subtotal $ 792,850 r.. ECONOMIC DEVELOPMENT Commercial Rehab. & Small Business Loans $245,000 ADMINISTRATION/PLANNING 627,030 CONTINGENCY SET -ASIDE 59,571 TOTAL 1994-95 ALLOCATION 3,553,000 Program Income Balance: 867,000 Contingency Fund Balance 263,717 Proposed Contingency Fund Use: Project Helping Hands $75,000 Relocation Assistance 100,000 Chapel Hill 40,000 The total Community Development Block Grant of $3,553,000 is a $288,000 or 8.1 percent increase from the previous year's allocation of $3,265,000. The City of Lubbock's Community Development program is administered in accordance with the Housing and Community Development Act of 1974 as amended and with 24 CFR 570.303 of the Community Development Block Grant Regulations. The Statement of Objectives has been prepared as stipulated in those regulations. A preliminary Statement of Objectives was published in Lubbock FEBRUARY 24, 1994 Page 143 Avalanche -Journal on February 6, 1994, and the Statement of Objectives has been on file with the City Secretary for review by all interested parties. The CDBG process emphasizes citizen participation and involvement from the beginning planning stages through the implementation of approved projects. Lubbock citizen's participated in the process through the Community Development Advisory Committee, neighborhood associations, community and business organizations/groups, and direct public participation. All of these entities have been present and vociferous in this year's planning process making the recommendations considered here reflective of the concerns and priorities of Lubbock citizens. It is, therefore, the recommendation of the Housing & Community Development staff that the Proposed Statement of Objectives be approved by the Mayor and City Council of Lubbock. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to accept the recommendations of the Community Development Advisory Committee (CDAC). An amendment to the original motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to make the following changes to the CDAC recommendations: fund the M]H[ IR Youth Outreach Program at a level of $63,000 by reducing residential rehab in the target areas by $50,000 and reducing code enforcement funding by $13,000. Councilmember Hernandez made a friendly amendment to Mayor Pro Tem Neugebauer's motion, seconded by Councilmember Patterson to increase the contingency fund by $40,000 for possible funding of the Optimist Boys' and Girls' Club. Motion carried: 6 Yeas; 0 Nays--Councilmember Aderton absent from the chambers. %WN There being no further business to co Councilmember Ince, seconded by C unc 10:10 p.m. Motion carried: 6 Yeas; N the Council Chambers. ATTEST: (2-Jr-M, U co etty . Johnson, City Secretary Read and approved this the loth ATTEST: &W, Ajad�� Betty A Johnso , City Secretary motion was made by to VID R. LANGSTON, i the meeting at was abseat-fcor rcem