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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/19/1994MAY 19, 1994 Page 293 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 19,1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 19th day of May 1994, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, 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 10:05 A.M. ( 1.) The Invocation was given by John C. Ross, Jr., City Attorney. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments. (4.) Presentation of honorary citizenship to Anil V. Rao, in acknowledgment of his successfully completing the Mayor's Award of Honorary Ambassadorship offered through the Office of International Affairs. ` The Mayor's Award of Honorary Ambassadorship provides students from the Office of Internal Affairs at Texas Tech University with an honorary citizenship after students bow successfully complete outlined curriculum requirements. Students are required to write ten different reports after attending governmental, educational, judicial, cultural, public health, and recreational meetings or events in Lubbock. The mission of this program is to help provide students with valuable insights concerning the City of Lubbock and to help them develop new friendships and a fuller understanding of our community. Anil V. Rao is the only student this year to successfully complete the program. Mr. Rao is a native of India and is studying for his Masters degree in Computer Science at Texas Tech University. Mr. Rao was presented with an Honorary Citizenship Award by Mayor Langston. (5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the April 26, Special Joint Meeting with the Lubbock County Commissioners and the LISD Board of Trustees; April 28, Regular City Council Meeting; May 5, Special City Council Meeting; and May 10, Special City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9701--Abandoning and closing a portion of an alley located ad*acent to Lot 1. Conover Addition (6804 Slide Road). ORDINANCE #9701 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY LOCATED ADJACENT TO LOT 1, CONOVER ADDITION AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. MAY 19, 1994 Page 294 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9701 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE #9702 Zone Case #2729 (5720 4th)--Request of Rodney Warren (for Sonic Drive In) for a zoning change from C-3 to C-4 limited to a drive-in restaurant and all permitted C-3 uses on 5.778 acres in Section 1, Block JS. ORDINANCE #9702 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2729; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES WITHIN A 5.778 ACRE TRACT IN SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9702 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) ORDINANCE #9703--Zone Case #2730 (3525 34th)--Request of A.M.T., Inc. (for Kenneth R Ramage) for a zoning change from C-2 to C-4 Specific Use for a 1,800 square foot lounge and all permitted C-3 uses on the west 127 feet of the east 202 feet of the north 128 feet of Lot 3, Block 1, Padget Marshall Addition. ORDINANCE #9703 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2730; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR AN 1800 SQUARE FOOT LOUNGE AND ALL PERMITTED C-3 USES ON THE WEST 127 FEET OF THE EAST 202 FEET OF THE NORTH 128 FE8T OF LOT 3, BLOCK 1, PADGET MARSHALL ADDITION, LUBBOCK, TEXAS, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9703 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE #9704--Zone Case #2731 (3817 S. Loop) --Request of HST Land Company for a zoning change from C-2 to C-4 Specific Use for a motel and all permitted C-3 uses on Section 11. Block E-2. ORDINANCE #9704 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2931; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR A MOTEL AND ALL PERMITTED C-3 USES ON SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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 #9704 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MAY 19, 1994 Page 295 (10.) ORDINANCE #9705--Amendment to the Zoning Code regarding promotional sales permits, banners, Interstate Industrial construction materials, EDP permitted uses and screening fences required in A-1 and A-2 Districts. ORDINANCE #9705 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING", BY AMENDING SECTION 29-3 BY ADDING A DEFINITION FOR "SEASONAL BANNER" AND FOR "PROMOTIONAL SALES ACTIVITIES"; BY AMENDING SECTION 29-9(n)(1) AND SECTION 29-10(n)(1) EACH ENTITLED "ALLEY SCREENING" TO CLARIFY FENCING REQUIREMENTS; BY ADDING A NEW SECTION 29-21(c)(1) AND AMENDING SECTION 29-21(d) ENTITLED "PERMITTED USES" TO ADD USES PERMITTED IN THE IHC DISTRICT; BY AMENDING SECTION 29-23.3(e)(1) TO REQUIRE A MINIMUM TEN FOOT FRONT YARD SET BACK IN "III" ZONING DISTRICTS; BY AMENDING SECTION 29-23.3(o)(2) ENTITLED "BUILDING MATERIALS AND CONSTRUCTION" TO ALLOW METAL BUILDINGS IN "Em" ZONING DISTRICTS; BY ADDING SECTION 29-26(i)(9) ENTITLED "SEASONAL BANNERS"; BY AMENDING SECTION 29-28(f)(2)j ENTITLED "OUTSIDE SALES ACTIVITIES" TO DISTINGUISH BETWEEN PROMOTIONAL SALES ACTIVITIES AND GRAND OPENING ACTIVITIES, CLARIFY LIIVIITATIONS ON SIGNS AND BANNERS, AND TO CHANGE TIME LIMITS ON PROMOTIONAL SALES ACTIVITIES AND BY AMENDING SECTION 29-28(f)(2)o TO ADD A CONDITIONAL USE FOR VARIATIONS FROM THE SEASONAL BANNER STANDARDS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to rMw pass on second and final reading Ordinance #9705 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolutions #4481 and #4482 to approve the rental rates for the promotional examinations for the ranks of Corporal and Sergeant. RESOLUTION #4481 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 for Rental of Examination Materials and Ancillary Services and all related documents by and between the City of Lubbock and Justex Systems, Inc. of Huntsville, Texas, to examine candidates for the position of Police Sergeant 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 19th day of May, 1994 /s/ Randy Neu eg bauer DAVID R. LANGSTON, MAYOR by Mayor Pro Tem Randy Neugebauer ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary MAY 19, 1994 Page 296 APPROVED AS TO CONTENT: /s/ Mary, Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement for Rental of Examination Materials and Ancillary Services between Justex Systems, Inc. and the City of Lubbock is filed with Resolution No. 4481. RESOLUTION #4482 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 for Rental of Examination Materials and Ancillary Services and all related documents by and between the City of Lubbock and Justex Systems, Inc. of Huntsville, Texas, to examine candidates for the position of Police Corporal 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 19th day of May, 1994. /s/ Randy Neu egg bauer DAVID R. LANGSTON, MAYOR by Randy Neugebauer, Mayor Pro Tern ATTEST: /s/ Bette M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Maw Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement for Rental of Examination Materials and Ancillary Services between Justex Systems, Inc. and the City of Lubbock is filed with Resolution No. 4482. Justex Systems Inc. of Huntsville, Texas, will provide the City of Lubbock with pencil - paper type examinations of approximately 100 items for use in the promotional process for the rank of corporal and approximately 150 items for use in the promotional process for the rank of sergeant. Rental rates for the promotional examinations are $2,400 for corporal and $2,995 for sergeant. While Justex makes no guarantees, reasonable efforts have been made to ensure that their products and services provided under this agreement meet applicable fair employment laws and regulations. MAY 19, 1994 Page 297 Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolutions #4481 and #4482 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4483 authorizing the Mayor to sign an agreement with Computer Associates, Inc., for computer software. RESOLUTION #4483 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to License Agreement and an Order Form, and all related documents by and between the City of Lubbock and Computer Associates International, Inc., of Islandia, New York, for CA-DataCom/Unix and CA- Ideal/Unix Licensed Program for the City of Lubbock, which Addendum and Order Form 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 19th day of May, 1994. /s/ David R. Lang_ston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning Tom Tuning, Director of Information Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Addendum to License Agreement and Order Form are filed with Resolution No. 4483. In 1993, as a result of the Integrated Information Systems Environment RFP, the City contracted with multiple vendors to deliver a new application system to replace the current systems on the IBM mainframe computer. That upgrade is generally on schedule with the exception of the vendor modifications for the LP&L utility billing system. That system was originally targeted to be complete in August 1994, but the vendor is projecting a delay of approximately 14 months. The contract with Solutions for Government calls for a $15,000 per month penalty for a period of up to ten months. The vendor of the current software on our mainframe, Computer Associates Incorporated, now provides software that enables our existing application system to run on the new hardware with minimal changes. Purchase of this software, at a cost of MAY 19, 1994 Page 298 $104,000, would enable the City to move the current billing system to the new hardware and to avoid additional mainframe charges. This would be an interim solution with minimal disruption to LP&L operations until the new software system is delivered. Staff recommended that Council approve the resolution in order to avoid incurring additional costs. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4483 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4484 authorizing the Mayor to execute a commercial tax abatement agreement with Thompson Enterprises (located at 1810 Avenue G). RESOLUTION #4484 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 Tax Abatement Agreement by and between the City of Lubbock and Thompson Enterprises, for certain property within the North Enterprise Zone to receive commercial -industrial tax abatement, which Agreement is attached hereto and made a part hereof for all purposes. Passed by the City Council this 19th day of May, 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 Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Agreement between the City of Lubbock and Thompson Enterprises is filed with Resolution No. 4484. Ronnie Thompson, DAA, Thompson Enterprises, has made application for Com- mercial Tax Abatement in the North Enterprise Zone. The company will expand and renovate an existing facility at 1812 Avenue G. As a result of the expansion, the company plans to create 15 new jobs and retain 60 existing jobs. The company is renovating a 10,000 square foot warehouse into a catering and live music venue. Building improvements include a 3,200 square foot mezzanine, restrooms, service bars, stage and storage. Estimated cost of improvements to be added is $75,000. The term for the request for abatement is five years at 100 percent of eligible property. MAY 19, 1994 Page 299 On April 18, 1994, Council approved Resolution #4478 giving notice of intent to enter into a tax abatement agreement with Thompson Enterprises. Staff recommended favorable consideration by Council and approval of the contract for tax abatement. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4484 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4485 authorizing the Mayor to sign an Architectural Agreement with Adling Associates Architects for professional services to address ADA renovations at the Memorial Civic Center, Municipal Auditorium, and Municipal Coliseum. RESOLUTION #4485 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 Architectural Agreement for professional services to address Americans with Disabilities Act renovations at the Memorial Civic Center, Municipal Auditorium and Municipal Coliseum, attached herewith, by and between the City of Lubbock and Adling Associates Architects, and any associated documents, 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. Passed by the City Council this 19th day of May, 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/ Vicki Key Vicki Key, Civic Centers Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Abbreviated Form of Agreement Between Owner (City of Lubbock) and Architect (Adling Associates Architects) is filed with Resolution No. 4485. The Architectural and Transportation Barriers Compliance Board issued final guidelines to assist the Department of Justice in establishing accessibility standards for new construction and alterations in places of public accommodation and commercial facilities, as required by title III of the American with Disabilities Act (ADA) of 1990. The City of Lubbock conducted inspections of all their facilities and developed preliminary lists of the items which did not meet the ADA guidelines. The Civic Center, Auditorium, and Coliseum were identified as priority facilities due to the high number of users and their visibility. Each item was researched and an associated cost MAY 19, 1994 Page 300 estimate was developed. The total estimated cost for equipment and/or renovations was then submitted as a capital project during the 1993-94 budgeting process and was approved. A Request for Proposal was developed and distributed to local vendors. The RFP was also advertised in the local newspaper. Eight responses were received. A committee of six City employees reviewed the proposals. Interviews were conducted with the three highest rated firms. Based on the cumulative ratings of the top three firms, Adling Associates emerged as the committee's number one recommendation. Through a written memorandum in February 1994, staff recommended to Council that a mutually agreeable professional services fee be negotiated with Adling Associates Architects. Council showed no objection to the recommendation and staff proceeded with negotiations of a contract. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4485 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) BID #12818 125' Aerial Body and Crane Refurbish (Fleet Services). U.E.C. Equipment Company --I ea. 125' Reach -All Insulated Aerial Bucket Refurbish and Repair; 1 ea. 40,000 lb. Devault Crance Refurbish and Repair. 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 #12882 Continuous Emissions Monitoring System, and authorize same (Electric Production). RESOLUTION #4486 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 Monitor Labs, Inc. of Englewood, Colorado to furnish and install all materials as bid for the Continuous Emissions Monitoring Systems 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 19th day of May, 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/ Victor Kilman Victor Kilman, Purchasing Manager MAY 19, 1994 Page 301 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 19th day of May, 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 Monitor Labs, Inc. of the City of Englewood, County of Arapahoe, and the State of Colorado, 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. 12882 -- Continuous Emissions Monitoring System in the amount of $249,996.00 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/ Jay Wadsworth APPROVED AS TO FORM: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: By: /s/ Don Vandiver Title: President MAY 19, 1994 Page 302 ATTEST: Corporate Secretary COMPLETE ADDRESS: 74 Inverness Drive East Englewood, Colorado 80112-5189 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4486 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) BID #12917--Control Room and Office for the Sandhills Warehouse, and authorize same (Water Utilities). RESOLUTION #4487 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 Birchwood Construction, Inc. of Lubbock to furnish and install all materials as bid for the Control Room and Office for the Sandhills Warehouse 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 19th day of May, 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/ 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 19th day of May, 1994, by and between the City of L,..bbock, 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 Birchwood Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: MAY 19, 1994 Page 303 BID NO. 12917 -- Control Room and Office for the Sandhills Warehouse in the amount of $24,750.00 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/ Michael E. Murphy APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Scott Michaels Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: By: Title: President COMPLETE ADDRESS: 5313 50th Street, Suite D-6 Lubbock, Texas 79414 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4487 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) BID #12922--Turf Equipment (various departments). Western Implement Company--2 ea. 40 PTO Horsepower Tractor Spec 901; 7 ea. Diesel Powered Outfront Rotary Mower Spec 1006; 2 ea. Tractor Mounted Rotovator Spec 1021; 4 ea. 7 HP Rear Tine Tiller Spec 1024. Terry County Tractor, Inc.--4 ea. Tri-Section Rotary Mower Spec 1002. Goldthwaites of Texas, Inc.--9 ea. 21" Commercial Push Mower Spec 1008; 4 ea. Commercial Turf Edger Spec 1017- 6 ea. Backpack Blower; 1 ea. Curb and Asphalt Edger, Tractor Drawn Spec 1031; 1 ea. Landscape Vacuum Spec 1058. E-Z MO Commercial Lawn Mowers--45 ea. Gasoline Powered Commercial String Trimmers; 1 ea. Mid Size Commercial Gas Chain Saw Spec 1029. MAY 19, 1994 Page 304 Weff Industries, Inc.--1 ea. 36" Walk Behind Rotary Mower Spec 1066. 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. (19.) BID #12923--50th and University Intersection Construction, and authorize same (Street -Drainage Engineering). RESOLUTION #4488 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 Williams and Peters Construction, of Lubbock to furnish and install all materials as bid for the 50th Street and University Intersection Construction 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 19th day of May, 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/ 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 19th day of May, 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 Williams & Peters Construction Co., Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 19323 -- 50th and University Intersection Construction in the amount of $144,030.00 MAY 19, 1994 Page 305 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/ Larry, Hertel APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Betty L. Williams Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lansg ton Mayor CONTRACTOR: By: /s/ Carlton Peters Title: Vice President COMPLETE ADDRESS: P.O. Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4488 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) BID #12924--Renovation of Juvenile and Narcotics Division Offices, and authorize same (Building Services). RESOLUTION #4489 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 to furnish and install all materials as bid for the Renovation of Juvenile and Narcotics Division Offices 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. MAY 19, 1994 Page 306 Passed by the City Council this 19th day of May, 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/ 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 19th day of May, 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 & Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12924 -- Renovation of Juvenile and Narcotics Division Offices in the amount of $48,038.00 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. MAY 19, 1994 Page 307 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: By: /s/ Jim R. Pharr Title: President COMPLETE ADDRESS: P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4489 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID #12930--Water Treatment Plant Maintenance Building, and authorize same (Water Utilities). RESOLUTION #4490 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 Birchwood Construction, Inc., of Lubbock to furnish and install all materials as bid for the Water Treatment Plant Maintenance Building 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 19th day of May, 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 MAY 19, 1994 Page 308 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19th day of May, 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 Birchwood Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12930 -- Water Treatment Platn Maintenance Building in the amount of $194,945.00 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/ Scott Michaels Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: By: Title President COMPLETE ADDRESS: 5313 50th Street, Suite D-6 Lubbock, Texas 79414 MAY 19, 1994 Page 309 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4490 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #12932--Ballfield Concrete Bleacher Pad Construction, and authorize same (Park Development). RESOLUTION #4491 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 Sunwest Construction, Inc. of Lubbock to furnish and install all materials as bid for the Ballfield Concrete Bleacher Pad Construction 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 19th day of May, 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 19th day of May, 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 Sunwest Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12932 -- Ballfield Concrete Bleacher Pad Construction in the amount of $43,946.00 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, MAY 19, 1994 Page 310 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/ Michelle Seitzer Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: By: /s/ Duane McQueen Title: President COMPLETE ADDRESS: 3330 70th Street, Suite I I I Lubbock, Texas 79413 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4491 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID #12933--Utility Bodies (Fleet Services). Robertson Trailer Repair & Equipment-4 ea. Utility Body Spec 708-B; 1 ea. 2 Yd Dump Bed Spec 718-A; 2 ea. Hydraulic Tailgate Lift Spec 763. Harmon Tank, Co., Inc.--1 ea. Utility Body Spec 757. 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. (24.) BID #12937--Summer Lunch Program (Culture and Leisure Services). RESOLUTION #4492 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 Summer Food Service Program Application and related documents with the Texas Department of Human Services, attached MAY 19, 1994 Page 311 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 19th day of May, 1994 /s/ David R. Lansg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia Martinez -Flores Sylvia Martinez -Flores, Manager of Community Development and Neighborhood Initiatives APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the 1994 Summer Lunch Program between the City of Lubbock and Furr's Family Dining is filed with Resolution No. 4492. The City of Lubbock has participated in the Summer Food Program for the last four years. The program has been very successful. A daily average of 800 meals was served to children, ages 1-18 years, at 15 sites throughout Lubbock. The grant completely reimbursed all the direct costs (meal service personnel, sack lunches, and consumable supplies) and the indirect costs of office supplies, and some administrative personnel expenses). With the success of the 1990, 1991, 1992 and 1993 Summer Food Programs and a continuing trend toward more basic human services within the City (i.e., the successful Summer Satellite Playground Program and Butler Park Outreach Program [B-POP] and Rodgers Park and Rawlings Park Outreach Program [R-POP] for teenagers) the Summer Food Program fulfills a vital need for Lubbock children during the summer. This Texas Department of Human Services grant will provide sack lunches for children at the following community centers: Mae Simmons, E. 23rd & Oak; Woods, Zenith & Erskine; Rodgers, 3200 Amherst; Rawlings, 40th & Avenue B. Seven of the remaining sites are Community Development Block Grant funded Summer Satellite Program sites -- Hollins Park, 1 st & Temple; Pioneer Park, 6th & Avenue T; Burns Park 23rd & Avenue K; Carlisle Park, 28th & Avenue X; Chatman Park, E. 29th & Juniper; and Skyview, 3808 N. Ivory. This year lunches will also be served at Guadalupe Neighborhood Center. The program will begin June 1 and will continue through August 12. Staff recommended continuation of this program. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4492 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. MAY 19, 1994 Page 312 (25.) BID #12938--Sodium Hypochlorite 6-Month Pricing (Water Reclamation). DPC Industries, Inc., 98,400 Gl. Sodium Hypochlorite Bulk Delivery. 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. (26.) Consider Resolution #4493 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in High Plains Addition Tract B. RESOLUTION #4493 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract B, High Plains Addition made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above - mentioned Addition including the following streets and avenues: Boston Avenue from the South lip line of 82nd Street to 650 feet South, known and designated as New Subdivision Sub -Unit 30 of Unit Number 2036. The South half of 82nd Street from the East lip line of Boston Avenue to 113.50 feet West, known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned 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 above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 19th day of May, 1994. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry, D. Hertel Larry D. Hertel, City Engineer /s/ David R. Langston DAVID R. LANGSTON, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney MAY 19, 1994 Page 313 Larry Hoffman, Director of Transportation, presented staff comments. 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: Boston Avenue from 82nd Street to 650 feet south. The south half of 82nd Street from Boston Avenue to 113.5 feet west. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4493 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Randy Neugebauer recused and excused himself from discussion and voting on this item. (31.) Consider Resolution #4494 authorizing acceptance of water and sanitary sewer improvements for Tract B, High Plains Addition. RESOLUTION #4494 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT `B", HIGH PLAINS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract `B", High Plains 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 $27,236.69, with the improvements constructed by Utility Contractors of America, Inc. having a value of $15,908.70, as determined by the unit prices established by said Chapter 28 and $11,327.99 cash paid to the City, which amount includes $9,773.73 cash for adjacent lines, with United Supermarkets, Inc., the developer to receive a refund of $6,657.16 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 $6,657.16 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 19th day of May, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary MAY 19, 1994 Page 314 APPROVED AS TO CONTENT: %s/ Michael E. Murphy Michael E. Murphy Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney Terry Ellerbrook, Interim Director of Water Utilities, presented staff comments. This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $27,236.69 including value of construction costs of $15,908.70 and $11,327.99 cash paid to the City of Lubbock, which includes $9,773.73 cash for adjacent lines. The developer, United Supermarkets, Inc., will receive a refund of $6,657.16 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. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4494 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from discussion and voting on this item. Mayor Langston gave control of the meeting to Mayor Pro Tern Neugebauer to preside over the meeting. (27.) Consider Ordinance #9707 authorizing the installation of a traffic signal at Lubbock Christian University entrance (also known as Eileen Boulevard) and 19th Street (State Highway 114). ORDINANCE #9707 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT EILEEN BOULEVARD AND 19TH STREET; AND PROVIDING FOR PUBLICATION. Larry Hoffman, Director of Transportation, presented staff comments. Traffic flow, conditions in and around Lubbock Christian University (LCU) have grown to the point that a traffic signal at LCU's main entrance, known as Eileen Boulevard, and 19th Street has been justified. A warrant analysis as prescribed by the Texas Manual on Uniform Traffic Control Devices for the peak hour of operation was the basis for the justification. A letter agreement wherein the University agrees to contribute 50 percent of the estimated $60,000 construction costs, with equal annual installments over the next five years, has been received from LCU. The contribution is based on the safety benefits the signal will provide the traffic originating and terminating at LCU. The traffic signal is to be interconnected with the existing computerized signal system which extends to Frankford Avenue to minimize traffic flow delay to 19th Street. Because the intersection is on State Highway 114, approval from the local district office of the Texas Department of Transportation has been received. It is anticipated that we signal will be installed and operational prior to the start of the 1994-95 school year. Because of the need for a traffic signal to provide safety to and assist with access to LCU via the driveway known as Eileen Boulevard, and because the City has the authority to install the signal because the installation serves a "public purpose," the staff recommended approval of this ordinance. MAY 19, 1994 Page 315 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9707 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. (28.) Consider Resolution #4495 amending the Capital Projects Budget to include a proiect to install a traffic signal at the Lubbock Christian University entrance (also known as Eileen Boulevard) and 19th Street (State Highway 1141. RESOLUTION #4495 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: $60,000 shall be provided from Fund 1444 (Traffic Control System Capital Projects Fund/Unreserved-Undesignated Fund Balance) to provide for initial funding for a traffic signal capital project to install a traffic signal at the entrance (also known as Eileen Boulevard) to Lubbock Christian University at 19th Street (State Highway 114). Lubbock Christian University shall pay for one half of the cost of the completed project in accordance with the letter attached hereto as Exhibit A. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this 19th day of May, 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/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney MAY 19, 1994 Page 316 Larry Hoffinan, Director of Transportation, presented staff comments. The project is estimated to cost $60,000. Lubbock Christian University has agreed to pay half the total cost of this project. The City's half of the cost will be funded from the unreserved-undesignated fund balance of the Traffic Control System Capital Projects Fund. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4495 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. (29.) Consider Ordinance #9708 consolidating the Plumbing/Mechanical Board and the Building Board of Appeals. ORDINANCE #9708 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO THE BUILDING BOARD OF APPEALS AND THE PLUMBING AND MECHANICAL BOARD; COMBINING SUCH BOARDS INTO A SINGLE BOARD; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Plumbing/Mechanical Board is charged with the responsibility of examining new developments in the Plumbing and Mechanical Industry and proposes changes in the related codes to the City Council in an effort to keep the codes current. The board hears appeals from citizens on code interpretation and in the use of alternate materials and methods of construction. The Building Board of Appeals has similar responsibilities in the building construction area. They hear appeals, propose code changes, and review alternate materials and methods of construction. The purpose for the consolidation is that the Plumbing/Mechanical Board does not meet regularly due to the lack of activity in that area that requires board action. In the last five years, the board has not met more than twice per year. The Building Board of Appeals meets every month. Consolidation of these boards has been proposed by staff to both boards and both have unanimously supported the request. The Building Board of Appeals membership would be expanded to eleven members. The addition of four new members would be persons knowledgeable in the Plumbing and Mechanical area. These new members would be appointed by Council to serve staggered terms in order to have continuity representation of the new members. The Building Board of Appeals, Plumbing/Mechanical Board, and staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9708 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston absent from Council Chambers. MAY 19, 1994 Page 317 (30.) Consider Resolution #4496 authorizing the Mayor to sign an amendment to the contract with HDR Engineering for the renovation of the water treatment slant. RESOLUTION #4496 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 Amendment to the December 6, 1990, Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant and all related documents by and between the City of Lubbock and HDR Engineering, Inc., which Amendment 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 19th day of May, 1994. /s/ David R. Lansston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Interim Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Amendment between the City of Lubbock and HDR Engineering is filed with Resolution No. 4496. Terry Ellerbrook, Interim Director of Water Utilities, presented staff comments. In December 1990, the City of Lubbock engaged the services of HDR Engineering to do the planning and design work on the $17 million project to expand and renovate Lubbock's Water Treatment Plant. This contract was subsequently amended to allow HDR to oversee the construction work on the water treatment plant and the engineering work on repair of the terminal storage reservoir. Due to specific requirements of the capital improvements, the upgrade of the water treatment plant was originally broken into five separate construction contracts. Four of these five contracts have been completed, with the remaining contract to be completed this summer. With the completion of these five contracts, two more proj- ects are required to finalize the project. Project No. 6, which consists of a maintenance building, has already been bid. Preparation of plans and specifications for this building were developed by in-house staff. The final project (Project 7), for which the services of HDR Engineering are requested, consists of a number of miscellaneous items which were not included in prior contracts. These items, which are listed in the amendment to the HDR Engineering agreement, primarily involve safety, security, operational efficiencies, aesthetics, and maintenance needs. The need for many of these items was revealed during the construction work over the past three years. A separate final project was preferred over relatively high cost change orders to the original five contracts. The cost of the items included in Project 7 is estimated at MAY 19, 1994 Page 318 $400,000. Overall, the project should be completed well within the $17,070,000 budget. This amendment to the contract with HDR Engineering calls for personnel services not to exceed $79,500, plus reimbursable expenses (to be billed at cost) not to exceed $25,000. In view of the quality of work previously done on the water plant project, because of HDR's thorough knowledge of the work to be performed in Project 7, and because employing another engineering firm at this stage of the overall project would increase the cost of the final engineering work to be performed, staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4496 as recommended by staff. Motion carried: 5 Yeas; 1 Nay--Councilmember Ince. Mayor Langston was absent from Council Chambers. (34.) Consider Resolution #4497 authorizing the Mayor to execute an agreement with Martin Dies, Attorney, to act as special counsel for the City of Lubbock concerning asbestos claims. RESOLUTION #4497 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 Special Counsel Agreement by and between the City of Lubbock and Martin W. Dies, Attorney P.C., 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 19th day of May, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney The Special- Counsel Agreement between the City of Lubbock and Martin W. Dies is filed with Resolution No. 4497. John C. Ross, Jr., City Attorney, presented staff comments. A copy of the Fee Agreement with Martin Dies was provided to Council. The purpose of employing his firm to represent the City of Lubbock in a class action suit against the manufacturers of asbestos installed in various city buildings. Mr. Dies has extensive experience in the area of asbestos litigation and has previously represented several other political subdi- visions in similar litigation. The agreement is a contingent fee which means that the City will pay Mr. Dies as fees a thirty-five percent undivided interest in the city's claim. No fee will be paid unless Mr. Dies is able to recover. The fee is payable whether the suit is settled or taken to judgment. MAY 19, 1994 Page 319 Based upon the City Attorney's comments, staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution #4497 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston was absent from Council Chambers. (36.) Confirm appointment of Helen Otken as the Friends of the Library Representative to the Lubbock Libraries Board. Currently, there are six members on the Lubbock Libraries Board who are serving three year terms. At the August 22, 1988 Regular City Council session, Council approved amendment of Ordinance 8664 to expand the Board from 5 to 7 members, of which six members are to be directly appointed by the City Council. The revised ordinance states that the seventh member of the Lubbock Libraries Board will be the President of the Friends of the Library, who would serve on the Board as a voting member for the length of his/her terns as President of the Friends. The City Council has reserved the right to confirm the appointment of the President of the Friends to the Libraries Board at the time that the person assumes his/her position as Friends President. On April 8, 1994, the Friends of the Lubbock City -County Library met in annual meeting and elected Ms. Helen Otken to a two-year term of office as their President. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to confirm the appointment of Helen Otken, as the Friends of the Library representative to the Lubbock Libraries Board. Motion carried: 6 Yeas; 0 Nays -- Mayor Langston was absent from Council Chambers. (32.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Secretary and City Manner). . (33.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Planning, Fire, Parks and Recreation, Water Utilities, and Codes Enforcement). (35.) 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: Keep Lubbock Beautiful Advisory Committee Human Relations Commission Board of Health Community Services Commission Community Development Advisory Board "Goals for Lubbock: A Vision Into the 21 st Century" Economic Development Subcommittee Education Subcommittee Health, Safety and Human Services Subcommittee MAY 19, 1994 Page 320 Intergovernmental Coordination Subcommittee Land Use and Urban Design Subcommittee Neighborhood and Citizen Involvement Subcommittee Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee Transportation Subcommittee Utilities Subcommittee There being no further business to come before Council, motion was made by Councilmember Ince, seconded by Councilmember erson djourn the meeting at 3:27 P.M. Motion carried: 5 Yeas; 0 Nays --Mayor angston and QdNnci1mpnberffU1Wdez were sent from the Council Chambers. VID R. LA1- STON, ATTEST: &�'— , c)-��� etty M. johnsA, City Secretary Read and approved this the 26th day ATTEST: betty M..Tohnscn, y Secretary