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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/14/1994JULY 14, 1994 Page 401 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 14, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of July 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 Tern 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 10:55 A.M. ( 1.) The Invocation was given by Bob Cass, City Manager. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Mary Schmidt appeared on behalf of Church of the First Born to request a loudspeaker permit for Thursday, July 14, 1994, through Sunday, August 14, 1994, for a Church Revival to be held at 2804-2806 Parkway Drive Ms. Schmidt requested the loudspeaker permit for a church revival meeting to be held at 2804-2806 Parkway Drive. The request was for Thursday, July 14, 1994, through Sunday, August 14, 1994, from 7:30 p.m. to 10:30 p.m. each night. All residents in the area were petitioned and all approved of the event. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the request. Motion carried: 7 Yeas; 0 Nays. ( 4.) Larry Svoboda, Donald Shores, Ramiro Jimenez, Norma Jimenez and Scott Mitchell appeared to receive commendations for their involvement in rescuing victims from fires. These individuals all performed heroic actions by rescuing, or assisting in the rescue of, victims of residential fires. Larry Svoboda and Donald Shores were involved in rescuing Maxine Keels from a house fire at 8817 63rd Drive on June 19, 1994. Mr. & Mrs. Jimenez were involved in rescuing six people from a house fire at 415 Avenue F on June 21, 1994. Scott Mitchell rescued Lowell Cato from a house fire at 2512 26th Street on February 24, 1994. The Fire Department prepared "Certificates of Commendation," and Fire Chief Don Stevens presented the commendations. (5.) Russell Hughes, representing the Lubbock Arts Alliance, appeared to present recommendations for Grants Program Funding for the first funding period of 1994. Russell Hughes, the Executive Director of the Arts Alliance, Inc., appeared to present recommendations for the first grants funding of 1994 for cultural and artistic programs submitted by local non-profit organizations. JULY 14, 1994 Page 402 Each year the City Council contracts with Lubbock Arts Alliance to make grants to local arts and cultural agencies for programming which promotes artistic and cultural events in the community. The Arts Alliance receives half -cent of the revenues generated from hotel motel tax collections. A six -member grants review committee comprised of two Council appointees, two Arts Alliance appointees and two representatives from the community at large reviews and makes recommendations regarding the program funding. The recommendations are then forwarded by the Arts Alliance Board of Directors to the City Council for final approval. The contract with the Arts Alliance, which is renewed annually in January, is based on the hotel\motel tax revenues which are collected in the calendar year just prior to the contract date. The current contract was entered into in January 1994 and is based on hotel/motel tax revenues which were collected in calendar year 1993. The 1994 contract provides $117,643.62 to be used in making awards for both the June 1 and December 1, 1994, application deadlines. This amount, less the Arts Alliance's five percent administrative fee and the estimated cost for the City's auditing firm to conduct its annual audit of the funds, leaves $108,761.44 available for awarding to local nonprofits who make application to the program. Twenty-nine applications were received by the June 1 deadline, of which 23 were recommended for full or partial funding. The total amount requested from the program was $125,786. The total amount recommended for funding is $61,050. The remainder of the funds will be used for grants request submitted for the second granting period awards scheduled for December 1, 1994. The two granting periods allow organizations the ability to request funds which they will need for upcoming programming or productions. Councilmember Hernandez suggested that the Lubbock Arts Alliance pay special attention to local talent. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the recommendations of the Lubbock Arts Alliance. Motion carried: 7 Yeas; 0 Nays. (6.) Stephon Breedlove of Advocacy, Inc., appeared to request a change in the proposed Demand Response Service (DRS) policy. The DRS is Citibus' complementary paratransit service for the disabled community as required by the Americans with Disabilities Act (ADA). The DRS Policy contains the guidelines the service uses to operate. During the course of time, the system gradually became more and more inefficient as clients began canceling trips without sufficient notice (considered a "late -call") or without any notice at all (considered a "no-show"). Citibus receives over 600 such cancellations per month. Each time a client cancels a trip with insufficient notice, another client is denied a trip because insufficient notice was given to rearrange the schedule. The one-way fare for DRS is $1.50; the cost to provide a one-way trip is about $15.00. To help alleviate this problem and make the clients more responsible for late -calls and no-shows, the Lubbock Public Transit Advisory Board (TAB) revised the DRS Policy to require a $3.00 fee for those clients canceling a trip later than 5:00 p.m. the day before the scheduled trip. However, some clients began to complain about the policy, so the TAB appointed a Disability Advisory Committee (DAC) to review the policy and suggest alternatives. The DAC, pursuant to the TAB's request, reviews and recommends policy changes concerning the DRS. The DAC is comprised of five members who represent the disabled community and its agencies. One member is from Mental Health & Mental Retardation, one from the JULY 14, 1994 Page 403 Texas Rehabilitation Commission, one from the Regional School for the Deaf, one represents the TAB (and is wheelchair bound), and one is a former executive director of LIFE Independent Living Center (and is also wheelchair bound). After four meetings, the DAC recommended the following: * Certify clients every three years. * Define a "late -call" and a "no-show." * Change the policy to provide that the vans wait no longer than five minutes from time of arrival. * Clients formerly had to cancel a trip by 5:00 p.m. the day before but may now call in cancellations as late as three hours before the scheduled trip. * No penalty will be assessed for the first three late -calls per calendar month or one no-show per calendar month. * A $15.00 fee will be charged after the fourth late -call or after the second no-show. * An appeal process has been added for sanctions imposed on the client for failure to adhere to the late -call or no-show policy. After reviewing the DAC's recommendations, the TAB felt a public hearing was needed. Such a public hearing was held on June 28, after which the TAB approved most of the DAC's recommendations but reduced the cancellation fee from $15.00 to $7.50. Mr. Breedlove complained that the TAB should have shortened the cancellation time from three hours to one hour. He also requested the City Council not fund the ADA service expansion package which was submitted by the Transit Department as an expanded level package in its 1994-95 budget. Gary Bellair, Chairman of the Transit Advisory Board, recommended that Council uphold the Transit Board policy and fund expanded level DRS package to fund the 3-hour cancellation policy. Motion was made by Mayor Pro Tern Neugebauer to uphold the recommendation of the Transit Advisory Board with instruction to monitor the impact of the policy and modify as necessary, seconded by Councilmember Ince. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. ( 7.) Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve the minutes of the June 23, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 8.) ORDINANCE #9711--Abandoning and closing a portion of Fordham Street located in Section 15, Block A (702 N. Avenue O) ORDINANCE #9711 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF FORDHAM STREET LOCATED IN SECTION 15, BLOCK A, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND JULY 14, 1994 Page 404 CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9711 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (9.) ORDINANCE #9712--Zone Case No. 2255-E (north of 66th Street and west of Frankford Avenue) --Request of Henry Huneke (for Lubbock Development. Inc.) for a zoning change from C-2 to C-3 subject to site plan review (self-service car wash) on a tract out of Section 36, Block AK. ORDINANCE #9712 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-E; A ZONING CHANGE FROM C-2 TO C-3 ZONING, ON A TRACT OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9712 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9713--Zone Case #2734 (3403 33rd Street) --Request of John Kailas for a zoning change from R-1 to GO on Lot 2, Block 1. Johnny & Jack Addition. ORDINANCE #9713 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2734; A ZONING CHANGE FROM R-1 TO GO ZONING ON LOT 2, BLOCK 1, JOHNNY & JACK ADDITION, LUBBOCK, TEXAS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9713 as recommended by staff Motion carried: 7 Yeas; 0 Nays. (11.) ORDINANCE #9714--Zone Case No. 1585-A (1701 Quaker Avenue) -- Request of Marie Johnson (for Ouaker Avenue Church of Christ) for a zoning change from A-1 to A-2 limited to church and church related uses on Lots 1.2. 6 and the west 75 feet of Lot 3. Block 5. Cowan Addition; and Lot 6 and the west one-half of Lot 7. Block 3. Cowan Addition. ORDINANCE #9714 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF ' UBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1585-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH RELATED USES, ON LOTS 1, 2, 6 AND THE WEST 75 FEET OF LOT 3, BLOCK 5, COWAN ADDITION, AND LOT 6, AND THE WEST ONE-HALF OF LOT 7, BLOCK 3, COWAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9714 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 405 (12.) ORDINANCE #9715--Zone Case No. 2178-D (105th Street west of Indiana and 104th Street between Indiana and Memphis Avenues) --Request of David Govette (for Craft Development Corporation) for a zoning change from T/R- 1 to R-1 Specific Use (garden homes) and A-1 (guadraplex or duplex) on a 14 acre tract and a 2.4 acre tract out of Section 18, Block E-2 ORDINANCE #9715 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2178-13; A ZONING CHANGE FROM T/R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A 14 ACRE TRACT AND TO A-1 ZONING FOR QUADRAPLEX OR DUPLEX ON A 2.4 ACRE TRACT OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9715 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) ORDINANCE #9716--Zone Case No. 2736 (east of University and south of 22nd Place) --Request of David Govette (for Willoughby and Company) for a zoning change from R-2 to C-3 on Lots 14, 15, and 16, Block 1. College Park Addition. ORDINANCE #9716 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING -- CHANGES: ZONE CASE NO. 2736; A ZONING CHANGE FROM R-2 TO C-2A ZONING ON LOTS 14,15 AND 16, BLOCK 1, COLLEGE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9716 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) ORDINANCE #9717--Abandoning and closing an overhead power line easement and a portion of a 70-foot storm water storage and drainage easement located in Section 14, Block E-2 (9510 Ouaker) ORDINANCE #9717 AN ORDINANCE ABANDONING AND CLOSING AN OVERHEAD POWERLINE EASEMENT AND A PORTION OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 14, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9717 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 406 (15.) Consider Ordinance #9718 abandoning and closing aportion of 66th Street located in Section 36, Block A-K (5810 66th Street). ORDINANCE #9718 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET LOCATED IN SECTION 36, BLOCK A-K, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an 8-foot by 70-foot portion of 66th Street along the north side of 66th Street just west of Frankford Avenue. This closure is requested by Henry Huneke for H.A. Sessions because excess right-of-way was originally dedicated. Sixty-sixth Street is designated as a 64-foot wide collector street and was originally dedicated as 80 feet in width. As more property is platted west of Frankford Avenue, excess right-of-way will continue to be closed. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9718 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Resolution #4537 authorizing the sale of a parcel of land by the City Council and authorizing the Mayor to execute for and on behalf of the City of Lubbock, a Ouitclaim Deed in favor of Manuel G. and Rosa Linda Villareal (2903 Harvard). RESOLUTION #4537 WHEREAS, a 5074.74 square foot tract of land out of Lot 1, Block 5, Marlin Park Addition to the City of Lubbock, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication to abutting owners for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code; and WHEREAS, said land has an appraised fair market value of $175.00, and abutting owners, MANUAL G. and ROSALINDA VILLARREAL, have offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to said abutting owners at said fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Quitclaim Deed from the City of Lubbock unto the said MANUEL G. and ROSALINDA VILLARREAL, as Grantees, for a consideration of $175.00, in cash paid to the City of Lubbock by said Grantees, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon said minutes shall constitute and be part hereof as is Cully copied herein in detail. JULY 14, 1994 Page 407 Passed by the City Council this 14th day of July, 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 Department APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Quitclaim Deed between the City of Lubbock and Manuel G. and Rosalinda Villarreal is filed with Resolution No. 4537. When the right-of-way was acquired for the widening of Detroit Avenue in 1989, several whole takings (house and entire lots) were purchased. Only a portion of these lots was used for the actual road construction, and unusable remnants remained. Several of these remnants were developed into park areas south of Erskine Street along the west side of Detroit Avenue, and others, such as the one this resolution addresses, are not needed by the City and can be sold to the abutting property owner. Mr. and Mrs. Villareal own the property at 2903 Harvard and desire to purchase this approximately 39 foot by 132.5 foot lot remnant which contains 5,074.74 square feet. The Right -of -Way Department recommended the sale of this remnant. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4537 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution #4538 authorizing the Ma or to execute for and on behalf of the City an easement conveyance and assignment from the City to the Brazos River Authority for Property at Lake Alan Henry. RESOLUTION #4538 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality (herein called "City") has been requested by Brazos River Authority, a River Authority of the State of Texas, (herein called 'BRA") to convey and assign to BRA certain easements for the construction, operation and maintenance of John T. Montford Dam (formerly called Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be built by BRA on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas; and WHEREAS, City is agreeable to complying with the request of BRA to expedite and further the Project in the interest of the City and its citizens; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is herby authorized and directed to execute for and on behalf of the City an Easement Conveyance and Assignment from City (as Grantor) to BRA (as Grantee) in the form as submitted by BRA, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of JULY 14, 1994 Page 408 this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this the 14th day of July, 1994. /s/ David R. Langston 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/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Easement Conveyance between the City of Lubbock and Brazos River Authority is filed with Resolution No. 4538. The City of Lubbock's agreement of May 11, 1989, with the Brazos River Authority provides that all fee simple and easement land be either granted or assigned to the Authority for construction, operation, and maintenance of the Lake Alan Henry project. This easement conveyance today concerns approximately 2,207.27 acres of land conveyed in 1990 for use as a Wildlife Mitigation Refuge north of the dam and 71.66 acres of land conveyed in 1993 as mitigation land east of the dam. This instrument will grant and convey to the Brazos River Authority this land for their employees, agents, and representatives to inspect and patrol the property whenever they deem necessary. This is the third of such easement conveyances. The first occurred on January 10, 1991, and the second on January 12, 1994. The Right -of -Way Department recommends the approval of this easement conveyance to the Brazos River Authority. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4538 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4539 authorizing the Mayor to sign the cover sheet of the TaDOT glans to construct paving improvements on F.M. 2255 (4th Street) from Frankford Avenue to 400 feet west of Flint Avenue. RESOLUTION #4539 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the Texas Department of Transportation plans to construct paving improvements on F.M. 2255 (4th Street) from Frankford Avenue to 400 feet West of Flint Avenue, being Federal Project JULY 14, 1994 Page 409 CRP 90(345)M, 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 14th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lagy D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a projcct by TxDOT to construct paving improvements on 4th Street. The estimated cost of construction is $4.6 million. The contract is proposed to bid October 1994 and will take two years to complete. TxDOT requests that the Mayor sign the cover sheet on plans for their projects that are within the City of Lubbock to ensure that the Council is aware of the proposed construction. Staff recommends approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4539 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution #4540 authorizing the Mayor to sign the cover sheet of the Texas Department of Transportation (TxDOT) glans to reconstruct and widen 98th Street from Slide Road to Indiana Avenue RESOLUTION #4540 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the Texas Department of Transportation plans to reconstruct and widen 98th Street from F.M. 1730 (Slide Road) to Indiana Avenue in the City of Lubbock, being State Highway Project 0905-06-024, attached hereto, which shall be sprc;au 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. JULY 14, 1994 Page 410 Passed by the City Council this 14th day of July, 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, D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A contract between the City of Lubbock and the Texas Department of Transportation was executed on December 1, 1993, for the reconstruction and widening of 98th Street from Slide Road to Indiana Avenue. The original estimate for design and construction was $2,860,000, with the federal share of 80 percent set at $2,288,000 and the 20 percent City share at $572,000. TxDOT's latest estimate for design and construction is $3,260,703.29, which will increase the federal/city share to $2,608,562.63 and $652,140.66, respectively. The City is also responsible for 100 percent of the right-of-way costs estimated to be $133,100. Once the project is complete, an audit of the actual costs for the project will be conducted. Any funds due back to the City because of lower actual costs will be returned. The project is scheduled for bid in September 1994 and is expected to be complete by May 1996. The City Engineer's Office has reviewed the plans and will continue to monitor the project throughout construction. TxDOT routinely requests that the Mayor sign the cover sheet of the plans for all projects they construct within the City. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4540 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 411 (20.) Consider Resolution #4541 authorizine the Mayor to sign an amendment to Contract No. 511-XXF-6032 with the Texas Department of Transportation MDOT) for capital assistance. RESOLUTION #4541 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 Contract No. 511- Xxf-6032 and related documents to be entered into by and between the City of Lubbock and the Texas Department of Transportation, 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. /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/ Harold Willard Harold Willard Assistant City Attorney A copy of Amendment to Contract No. 3 between the City of Lubbock and the State of Texas acting by and through the Texas Department of Transportation is filed with Resolution No. 4541. The amendment will increase the contract amount to $409,000. The original TxDOT contract in the amount of $396,000 was for a portion of the local share ($370,000) of the Downtown Transfer Plaza (DTP) and the total local share for the purchase of two vans ($26,000). The funds are restricted to these areas because they are from the Oil Overcharge Fund for Local Match for Transit Providers. The original overall project cost for the DTP $2.5 million, but there have been seven change orders so far. Also, additional funds will be needed for the City to provide brickwork in the streets around the site, as well as a final settlement with one of the property owners who has been in the hospital. To cover the additional work, Citibus will be expending an additional $52,000 from the Federal Transit Administration (Grant #TX-90-X224) for this project. With this amendment, the State has agreed to proportionately match those funds with Oil Overcharge Funds in the amount of $13,000; therefore, there will be no cost to the City. JULY 14, 1994 Page 412 Citibus staff recommended that the City Council authorize the amendment to Contract No. 511-XXF-6032 which will add $13,000 to the contract. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4541 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution #4542 authorizing the Major to execute for an on behalf of the City of Lubbock an agreement with the Chanel Hill Neighborhood Association, Inc., and sign all related documents. RESOLUTION #4542 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Chapel Hill Neighborhood Association, Inc. to provide up to $40,000.00 from the Department of Housing and Urban Development funds to be used in the Chapel Hill Center Renovations Project. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of July, 1994. /s/ David R. Laniaston 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, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Community Development Funding Agreement between the City of Lubbock and the Chapel Hill Neighborhood Association, Inc. is filed with Resolution No. 4542. In the .work session of January 27, 1994, the staff introduced the Chapel Hill Renovation Project for interim funding from the CDBG Contingency Funds. At that time, the Council reached consensus for the project to go on to the public hearing for public input. On February 24, 1994, the staff recommended that $40,000 from Contingency Funds be allocated to the Chapel Hill Neighborhood Association for indoor and outdoor renovations to their center which is used for food distribution, commodities distribution, and recreation for seniors. The City Council approved the recommendation for $40,000 to be allocated to the Chapel Hill Neighborhood Association, Inc., for renovation to the Chapel Hill Facility located at 3903 E. Baylor. The funding agreement is to cover the $40,000 grant award to the Chapel Hill Neighborhood Association, Inc. JULY 14, 1994 Page 413 The Chapel Hill Renovation Project meets CDBG federal regulations by benefiting a low -to -moderate income area. Staff recommended the signing of this document. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4542 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider Resolution #4543 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with the Early Learning Center of Lubbock (fee assistance) and sign all related documents RESOLUTION #4543 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Early Learning Centers of Lubbock to provide up to $50,000.00 from the Department of Housing and Urban Development funds to be used in the Fee Assistance Program at Carver Early Learning Center and Erskine Early Learning Center. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR i-- ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia Martinez -Flores Sylvia Martinez -Flores, Manager, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Community Development Funding Agreement between the City of Lubbock and the Early Learning Centers of Lubbock is filed with Resolution No. 4543. On February 24, 1994, the Community Development Advisory Committee recommended $50,000 from the annual CDBG allocation to the Early Learning Centers of Lubbock to conduct the Fee Assistance Program at the Carver and Erskine facilities which will provide some 40-50 children and parents with fee assistance in the Chatman Hill and Arnett Benson neighborhoods. The City Council approved the recommendation of the CDAC for $50,000 to the Early Learning Centers of Lubbock for the Fee Assistance Program to be conducted at the Carver Center located at 2509 Elm and at the Erskine Center at 2714 Erskine. The funding agreement is to cover the $50,000 grant award to the Early Learning Centers of Lubbock. JULY 14, 1994 Page 414 The Fee Assistance Program meets Council goals for targeting CDBG monies while meeting CDBG federal regulations by benefiting low -to -moderate income persons. Staff recommended the signing of this document. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4543 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Consider_ Resolution #4544 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement with the Early Learning Center of Lubbock (renovations to Carver Center) and sign all related documents. RESOLUTION #4544 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the Early Learning Centers of Lubbock to provide up to $18,750.00 from the Department of Housing and Urban Development funds to be used in the Carver Center Renovation Project. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of July, 1994. /s/ David R. Langston 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, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Community Development Funding Agreement between the City of Lubbock and the Early Learning Centers of Lubbock is filed with Resolution No. 4544. On February 24, 1994, the Community Development Advisory Committee recommended $18,750 from the annual CDBG allocation to the Early Learning Centers of Lubbock, Carver Center, located in the Chatman Hill area, for indoor and outdoor renovations. The City Council approved the recommendation of the CDAC for $18,750 to the Early Learning Centers of Lubbock for renovations to the Carver facility located at 2509 Elm. The funding agreement is to cover the $18,750 grant award to the Early Learning Centers of Lubbock. JULY 14, 1994 Page 415 The Carver Center Renovation Project meets Council goals for targeting CDBG monies while meeting CDBG federal regulations by benefiting a low -to -moderate income area. Staff recommended the signing of this document. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4544 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider the price and condition of sale of Parcel Number 33500-20-60 at 1101 2nd Place in the Guadalupe Area This is a routine sale of property by the Urban Renewal Agency to Ron Lubowitz for $300. Mr. Lubowitz plans to build a new 1,000 square foot single-family residence valued at $37,500. The land is properly zoned for this. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Housing and Community Development Department staff recommended the approval of the proposed sale. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to approve the price and condition of sale of parcel number 33500-20-60 at 1101 2nd Place in the Guadalupe Area as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Bid #12881 - Janitorial Dispensing System Chemicals - Two Year Pricing (Central Warehouse). This item was deleted from the agenda. (27.) BID #12921--Engine Filters and Automotive Batteries (Auto Parts Warehouse). Stewart & Stevenson --Engine Filters. Douglas Battery Manufacturing Company --Automotive Batteries. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) BID #12957--Lab Supplies (Health Department) United Medical --Alcohol Swabs 70% isopropyl Etoh 2000/CS; Cholesterol Test Strips 30/PK Boeringer Mannheim 745065; Gloves Latex Powderless Large 100/BX 10 BX/CS Safeskin 440 Sample Required; Gloves Latex Powderless Medium 100/BX 10 BX/CS Safeskin 330 Sample Required; Gloves Latexs Powderless Small 100/BX 109 BX/CS Safeskin 220 Sample Required; Mybritech Tandem Icon II HCG Serum Control Set Hybritch 009107; Hybritech Tandem Icon II HCG Serum Test Kit 50 Tests/PK Hybritech 004135; Klleenex Medical 2- Play Tissue 48 BX/CS Kimbdrly Clark 21600; Monos,.'."n Dridot 25 Test Kit Organon Tenika 37024; Sani-Cloth Disposable Germicidal Cloth 160/PK 12 PK/CS PDI Q77272; Sharps Collector Large 12/CS BD 5490; Sharps Collector Medium 12/CS BD 5489; Sterilization Indicator Biological Spore Strips 100/PKG; Tourniquets, Latex Disposable 250/PK; Triglyceride Test Strips 30/PK Boehringer Mannhiem 745049; Vacutainer Edta 7ML Draw 100/CS BD 6450; Vacutainer Hemogard 5ML Edta 1000/CS BD 367653; Vacutainer Multisample 22G x 1" 1000/CS BD 7210; Vacutainer Safety-Lok Needle Holder 1000/CS DB 366212. JULY 14, 1994 Page 416 Infolab--Casitone 1/4 LB Difco 0259-02-6; Centrifuge Brush Set for IEC MB; Cin Agar Plates Pre -prepared 10/PKG BBL 21848; Eppendorf Combitip 50 ML 100/PK Eppendorf 22 26 150-9; Flo Agar Slants 10/PK BBL 96003; Heart Infusion Agar 1 LB Difco 0044-02-6; KF Streptococcal Agar 100 G Difco 0496- 15-4; Microtainer Capillary Whole Blood Collection Tubes 20BX BD 5961; Pipet Tips 2-200 UL 96/Tray I0Tray/PK; Salmonella/Shigella Agar Slants 10/PK BBL 96297; Sterilization Indicator Biological Kilit Ampules 10/PK BBL 12018; Thermal Printer Paper for Ames Clinitek 5 Rolls/PK Miles Inc 5773; Tryptone 1/4 LB Difco 0123-02-0. Remel--Alpha Naphthol Reagent 15 ML Ea; Bacitracin Differentiation Disk Taxo A 30/Vial BBL 31042; Beef Extract 1 Lb Difco 0126-01-8; Brilliant Green Bile 2% Broth 500 G BBL 11080; Brucella Agar 1/4 LB Difco 0495-02-0 (Price Quoted for 1 LB); Brucella Broth 500G BBL 99125; Chocolate II Agar Plates Pre -Prepared W/HB W/Isovitalex 30/PK BBL 21882; Columbia CNA Agar Plates Pre -prepared 20/PK BBL 21352; Crystal Violet Stain 1 Gal BBL 12296; Culturettes 100/PKDecolorizer for Gram Stain 1 Gal BBL 12300; EC Medium W/Mug 100 G Difico 022-15-7; Ferric Chloride Reagent 30 ML ea; GC Agar with Isovitalex Pre -prepared Plates 5/PK BBL 96315; GN Broth Hajna 500 G BBL 11279; Gram Stain Reagent Set 250 ML/Reagent BBL 12297; Haemophilus Test Medium (HTM) Pre -prepared Plates 10/PK BBL 21992; Heart Infusion Agar Slants 10/PK BBL 97423; Hektoen Enteric Agar 500G BBL 12211; Hektoen Enteric Agar Plates Pre -Prepared 100/CTN BBL 21366; Hektoen Enteric Agar Plates Pre -Prepared 20/PK BBL 21365; Iodine Solution for Gram Stain 1 Gal BBL 12299; Kliger Iron Agar 1/4 LB Difco 0066-02-5Kovac's Reagent 30 ML Ea; Lactose Broth 1/4 LB Difcc 0004-02-4; Lauryl Sulfate Broth 500 G BBL 11338; Lysine Iron Agar 1/4 LB Difco 0649-56-8; M FC Agar 500 G BBL 12330; Macconkey II Agar Plates Pre -Prepared 100/CTN BBL 21270; Mannitol Salt Agar 1 LB Difco 0306-01; McFarland Standard #.5; Modified Thayer Martin Medium (MTM) Pre -Prepared Plates 30/PK BBL 21566; MRVP Medium 1/4 LB Difco 0016-02-0; Mueller Hinton II Agar Plates Pre -Prepared 20/PK BBL 21177; Ninhydrin 5 GBTL (Price Quoted for EM SCI, 10 G); Peptone 1/4 LB Difco 0118-02; Pottasium Hydroxide Reagent 30ML Ea; Safranin Gram Stain Solution 1 Gal BBL 12301; Selenite Cystine Broth 500 G BBL 11606; Simmons Citrate 1/4 LB Difco 0091-02-8; TCBS Agar 1/4 LB Difco 0650-02-1; Triyptic Soy Agar W/5%SB Pre -prepared Plates 100/CTN BBL 21261; TSI Medium 1/4 Difco 0265-01; Urea Agar Base 1/4 LB Difco 02893-02-6; Violet Red Bile Agar 500 G BBL 11807; Yeast Extract 100 G BBL 11926. Fisher Scientific --Anaerobic Indicator Disposable 100/PK BBL 70504; Bactrol Disk Set A Difco 1228-322; Bactrol Disk Set C Difco 1656-327; Bactrol Disks Set D Difco 1660-321; Bactrol Gram Stain Control Slides 1x50 SlidesBX Difco 3140-25-5; Biobag CFJ 25/PK BD 261212; Biohazard Wipes Super Absorbent 8x9" CS; Bottle Nalgene Polypropylene Narrow Mouth 125 ML 12/PK Nal GE 20060004; Bottle Nalgene Polyproplene Narrow Mouth 250 ML 12/PK Nalge 20060006; Bottle Nalgene Polyproplene Narrow Mouth 500 ML 12/PK Nalge 2060016; Bottle Nalgene Square Polypropylene 125 ML 72/CS Nalge 20160125; Bottle Nalgene Square Polypropylene 250 ML 72/CS Na19� 70160250; Bottle Nalgene Square Polypropylene 500 ML 12/PK Nalge 20160500; Bottle Nalgene Square Polypropylene 60 ML 72/CS Nalge 20160060; Bottles Glass SCR. Cap Narrow Mouth Boston Round 1L (Price Quoted for 12/CS); Brain Heart Infusion Agar 1/4 LB Difco 0418-02-4; Capillary Pipets 50 100/PK; Clearbath Water Treatment 8 ox Spectrum Medical 105540; Critoseal Capillary Pipet Sealant 6/PK Oxford Labware 8889-215003; Cryovials Nalgene 2ML 500/CS Nalge 50000020; Culture Tube, 12x75MM Sterile Polystyrene W/Cap Single Use 125/PK 1000/CS Baxter T134; Dilution Bottle Prefilled Butterfield PBS 99 ML Disposable 72/CS AID-PAK 101; Direrite Desiccant 8 Mesh Indicating 5 LB W.A. Hammond; Egg JULY 14, 1994 Page 417 Yolk Enrichment 50% 12x10 ML/PK Difco 3347-61; Eosine Methylene Blue Agar 1/4 LB Difco 0076-02-7; Eppendorf Combitip 5ML Sterile 100/PK Eppendorf 22 26 215-7; Esculin Iron Agar 100 G Difco 0488-15-4; Filter Sterilization Units Single Use .1 UM Sterile 150 ML 72/CS Nalge 150-0010; Filters Membrane .2UM Polysufone 47 MM 100/PK Gelman 60301; Filters Membrane .45 UM 47 MM Sterile 100/PK Gelman 63077; Glucose Tolerance Beverage Carbonated Orange 100G Load 10 OZ 12/CS; Heamophilus Infuenzae Antiserum Plly Difco 2237-50; Kaydry Wipes EX+L 15x17" 1300/CS Kimberly Clark 34710 (Price Quoted on PK); Kim Wipes 4 1/2x8.5" 260/PK 60PK/CS Kimberly Clark 34155; Lead Acetate Papers 6MMX5M Reel 4/PK Whatman 2600-501; Lead Rings 48 MM Ea Belart F183070005; Lead Rings 56 MM Ea Belart F183070010; Litmus Milk 1 LB Difco 0107-01; Macconkey Sorbitol Agar 500G Difco 0079-17-7; MFC Agar 1/4 LB Difco 0677-02; Mopet Replacement Filter 2/PK Manostat 71- 649-250; Motility Test Medium 1/4 LB Difco 0105-02; MYP Agar 500G Difco 0610-17; Nitrate Broth 1 LB Difco 0266-01-6; Nutrient Gelatin 1/4 LB Difco 0011-01-6Pipet Tips 100-1000 UL 250/Tray 4Trays/PK; Pipets Sterile Plugged Disposable 25 ML 100/PK Corning 7077825 (Price Quote F/CS); Pourite Meida Additive 60ML Analytical Prod. 8-505; Pseudomonas Agar F 1/4 LB Difco 0448- 02; Pseudomonas Agar P 1/4 LB Difco 0449-02 (Quoted for 1 LB); QC Antigen Alkesescens Dispar Group 1 ML Difco 2116-50; QC Antigen Salmonella O Group A 1 ML Difco 2130-50; QC Antigen Salmonella O Group B 1 ML Difco 2131-50; CQ Antigen Salmonella O Group C1 1 ML Difco 2132-50; QC Antigen Salmonella O Group C2 1 ML Difco 2133-50; QC Antigen Salmonella O Group D 1 ML Difco 2134-50; QC Antigen Salmonella O Group E 1 ML Difco 2135-50; CQ Antigen Salmonella O Group VI 1 ML Difco 2142-50; CQ Antigen Shigella Group A 1 ML Difco 2100-50; QC Antigen Shigella Group B 1 ML Difco 2102- 50; CQ Antigen Shigella Group C 1 ML Difco 2103-50; QC Antigen Shigella Group D 1 ML Difco 2106-50; Reagent Reservoirs Multichannel Pipet Sterile 200/CS Costar 4870; Sedtube ESR Tube 100/PK DB 6901; SFP Agar 1 LB Difco 0611-01-6; Standard Plate Count Agar 1 LB Difco 0479-01-1; Tape Pressure Sensitive Blue; Tape Pressure Sensitive Green; Tape Pressure Sensitive Orange; Tape pressure Sensitive Red; Tape Pressure Sensitive Yellow; Test Tube Support Nalgene Unwire 13MM 8/CS Nalge 79700013; Test Tube Support Nalgene Unwire 16MM 8/CS Nalge 79700016; Test Tube Support Nalgene Unwire 1/2 Rack 13 MM 8/CS Nalge 59720313; Thermometer Certified-1 to 50 C.1 Incr Ertco 10033FC; Tryptic Nitrate Medium Tubed 20/PK Difco 0367-01-6; Tryptose 1/4 LB Difco 0124-02-9; Viral Culturette IOO/PK BBL 61514; Washing Bottle Unitary Safety Red 500 ML EA Nalge Series 2408; Weigh Boats Large 500/PK; Weighboats Medium 500/PK; Whirl Pak 4.50" 500/PK Nasco B736WA; YSI 27A Glucose Analyzer Preventive Maintenance Kit YSI 2353; YSI Glucose Standard 200 MG/DL 125 ML YSI 2355; YSI Preventive Maintenance Kit for Syringepet YSI 2395. Curtin Matheson--Alpha-Naphthalamine Reagent 30 ML EA; Ames Acetest Urine Acetone Test Tabs 100Bottle Miles Inc 2361; Ames Ictotest Reagent Tab Test for Urine Bilirubin 100/PK Miles Inc 2591; Ames Multistix IOSG 50BTL Miles Inc 23.00S; Amoxicillin/Clavulinic Acid AMC30 Suscept, Disk 50/Cart BBL 31628; Ampicillin AM 10 Suscept, Disks 50/Cart BBL 31624; Ampicillii✓Sulbactam Sam20 Suscept, Disk 50/Cart BBL 31659; Anaerobic System Gaspack Plus W/Catalyst 10/PK BBL 71040; Andrade';s Broth Base Control 10/PK BBL 97127; Andrade's Broth W/1% Dextrose W/Durham Tube 10/PK BBL 96293; Andrade's Broth w/1% Lactose 10/PK BBL 96344; Andrade's Broth w/1% Maltose 10/PK BBL 96170; Andrade's Broth w/1% Mannitol 10/PK BBL 96266; Andrade's Broth w/1% Salicin 10/PK BBL 96173; Andrade's Broth w/1% Sucrose 10/PK BBL 96295; Andrade's Broth w/1% Xylose 10/PK BBL 96176; Aprons Disposable 100/PKG; Autolet Platforms Orange 1000/CS Ulster H3600; Bacdown Handsoap 51,; Baird Parker Agar Base 500 G BBL 11023; Bandaid Sheer Spots I OO/PK Johnson & Johnson 4930; Beaker Griffin JULY 14, 1994 Page 418 Polypropylene 2L; Beaker Triangle Polypropylene 1000ML 100/PK Beakers Disposable 10 ML 1000/CS; Beakers Disposable 100 ML Polypropylene 100/PK; Biohazard Bags 8x 12 400/PK (Price Quoted for 100/PK); Biohazard Label 500/Dispenser (Price Quoted for 250 Labels per Roll); Biohazard Wipes Super Absorbent 4x4" 12 PK/CS; Blood Bank Saline 10 Liter; Cefinase Beta-Lactamase Detection Disks 50/Cart BBL 31650; Ceftriaxone CR030 Suscept Disks 50/Cart BBL 31634; Cefuroxime CXM30 Suscept, Disks 50/Cart BBL 31620; Cephalothin CF30 Suscept Disks 50/Cart BBL 31634; Chloramphenicol C30 Suscept Disks 50/Cart Difco 6133-90; Conductivity Calibration Standard 10 Micromhos 500 ML'Dade Sicklesol Hemoglobin Solubility Tst Kit 100 Test (Sicklescreen 120 Test); Dade Sicketrol Normal/Abnormal Reagent Red Blood Cell Controls (Sicklescreen); Diffspin Slide Holders 1000/CS Statspin SCO1 (Price Quoted for 100/PK); Dishes Culture 60x15 MM Disposable Sterile 500/CS Falcon 1007; Disinfectant/Detergent AOACC Approved 1 Gal (Bacdown 5L); Electrode Internal Filling Solution 4M KCL 5x50 ML/PK Orion 900011; Eppendorf 50 ML Combitip Adapter Eppendorf 22 26 155-0; Esculin Agar Slants 10/PK BBL 95951; Face Shields Full 50/CS Coverall 2802;Fyrite Gas Analyser C92 Absorbing Fluid Refill Kit Bacharack 11-7052; Glass Disposal Box Floor 6/PK; Gloves Latex Large 100BX 20 BX/CS Medline MDS 19-1036 (Safeskin 1000/CS); Gloves Latex Medium 100BX 20 BX/CS Medline MDS 19-1035 (Safeskin 1000/CS); Gloves Latex Small 100BX 20 BX/CS Medline MDS 19-1034 (Safeskin 1000/CS); Handcream Softguard 3oz (Price Quoted for Proguard); Hematology Differential Stain Kit Rapid; Immersion Oil Nonfluorescing 4 oz, Isovitalex Enrichment 5x10 ML BBL 11876; Kova Slide II Urinalysis Slides 100/PK Hycor 87118; Kovatrol I Urinalysis Control Abnormal w/Urobilinogen 1Ox60 ML/PK Hycor 87133; Kovatrol III Irinalysis Control Normal 4x15 ML/PK Hycor 87131; Labels Security Seal 100/Roll; Lens Cleaner 6x2 OZ/PK; Litmus Milk Tubed 10/PK BBL 21657; Lysine Iron Agar Slants 100/CS BBL 20953; M Endo Broth 500 G BBL 11120, Macconkey II Agar Deeps 10/PK BBL 20956Malonate Broth 100G BBL 11398; McBride Agar w/Cyclohexamide 50OG BBL 12371; Microhematocrit Capillary Pipets Heparinized 100/PK Microtainer Capillary Serum Collection Tubes 20BX BD 5963; Mineral Oil, Sterile 60 ML ea; Mineral Oil Lt. White I (EM Science 500 ML) Moeller Decarboxylase Base 100 G BBL 11429; Moeller Decarboxylase Broth Base Tubed 10/PK BBL 21731; Moeller Decarboxylase Broth w/Lysine Tubed 10/PK BBL 21661; Moeller Decarboxylase Broth w/Arginne Tubed 10/PK BBL 21659; Moeller Decarboxylase Borth w/Ornithine Tubed 10/PK BBL 21663, Mrvp Borth Tubed 10/PK BBL 21667; Muller Hinton II Broth 50OG BBL 12332; N-Butanol 500 MLBTL; Nitrate Broth w/Durham Tube 10/PK BBL 21830; Nitrofurantoin FM 300 Suscept Disks 50/Cart Difco 6713-90; Novobiocin NB5 Suscept Disks 50/Cart BBL 30886; Nunc Inoculation Loops 1 UL 50/PK 20PK/CS; Nun Inoculation Loops 10 UL 50/PK 20PK/CS; Nun Inoculation Needles 50/PK 20PK/CS; Nutrient Gelatin Deeps 10/PK BBL 20974; Of Medium 1/1% Dextrose Tubed 10/PK BBL L31326; Oxacillin OX1 Suscept Disks 50/Cart BBL 30906; Para -Park C & S Vials 120/CS Meridian Diag. 900612; Para -Park PVA-Formalin Fecal Parasite Dual Vials 10 Sets/PK Meridian Diag. 300112; Penicillin P10 Susept Disks 50/Cart BBL 30918; Pipets Transfer Disposable Sterile 3.5 ML 500/PK; Polyforam 8 Tube Mailer 50/PK Polyfoam Packers 470; Polyfoam Mailing Sleeve 200/PK Polyfoam Packers 471; Potassium Hydroxide 500 G; Pseudomans Isolation Agar i ..a Difco 0927- 01; Salmonella O Grouping Antisera Kit BBL 40709; Selenite Cystine Borth 20 ML Tubed 10/PK BBL 97711; Shigella Group Antisera Kit BBL 40730; Simmon Citrate Agar Slants 10/PK BBL 21026; Slide Holders w/File Box; Special of Medium Base Tubed 10/PK BBL 96017; Special of Medium w/Dextrose 10/PK BBL 96019; Special of Medium w/Lactose 10/PK BBL 96024; Special of Medium w/Maltose 10/PK BBL 96025; Special of Medium w/Mannitol 10/PK BBL 96026; Special of Medium w/Sucrose 10/PK BBL 96029; Special of Medium w/Xylose 10/PK BBL 96031; Spectinomycin Differentiation Disks 50/Cart Difco 1690-60-4; Stirring Bar Magnetic lx5/16" ea; Streptozyme Aso Antibody Test 10/PK JULY 14, 1994 Page 419 w/Ampole 4502; Sufamethoxazole/Trimethoprim SXT Suscept Disks 50/Cart BBL 31536; Sulfanlic Acid Reagent 30 ML ea; Taxo P Pneumococci Differentiation Disks 30Nial BBL 31046; Tech Agar Slants 10/PK BBL 96004; Tetracycline TE30 Suscept Disk 50/Cart Difco 6223-90; Thermometer Coliform Incubator Ertco 713; Thermometer Incubator Tempchex Streck 40048; Transvelope Transport Bags 50" 1000/CASE Prolab PL507; Triple Sugar Iron Agar Slants 100/CS BBL 96350; Trypticase Soy Broth 5 ML 100/CS BBL 973421 Trytophane Solution 1% 10/PK BBL 21717; TTC Solution 1% 20 ML BBL 12237; Unilet Lancets 5000/CS Ulster H3400; Unopette Platelet/WBC Test Kit 100/PK BD 5855; Unopette Reticulocyte Stain Kit 100/PK BD 5821; Urea Agar Slant Christensens 10/PK BBL 21096; Urine Albumin Tubes 12/PK Cargille 52560; Vacutainer Blood Collection Set 23G w/Luer Adpter 50/PK 4 PK/CS BD 7253; YSI Clucose PBS Buffer 8/PK YSI 2357; YSI Glucose Stad 500 MG/DL 125 MLBTL YSI 2356; YSI Model 27 Glucose Anal)2er Glucose Membranes 4/PK YSI 2365; YSI Potassium Ferrocyanide Solution 125 MLBTL YSI 2363. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Bid #12996 - Stacking Chairs (Civic Center). Baker Co.--500 ea. Stacking Chairs. This bid is for the purchase of 500 stacking chairs that match existing chairs currently in use at the Civic Center. Bids were received from eight companies. Even though Ables-Land of Tyler submitted the lowest unit price of $49.99 per chair, Baker Company of Lubbock submitted the lowest net cost bid taking payment terms into consideration. The Purchasing Department routinely considers payment terms in determining low bid. The City's average earnings rate of 5.35 percent was used in comparing Ables-Land's payment terms of net 10 days against Baker Company's payment terms of net 30 days. Baker Company's total net cost was calculated to be $13.53 lower than Ables-Land's total net cost. City staff recommended that this bid be awarded to Baker Company of Lubbock because of more favorable payment terms. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) BID #13025--Woodware Governor Replacement Parts (Electric Production) Woodward Governor Company --Lot Price. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 420 (31.) BID #13008--City Council Renovations, and authorize same (Building Services). RESOLUTION #4545 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and LDC Construction Co., Inc. of Lubbock, Texas, to furnish and install all materials as bid for the City Council Office Renovations, 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 14th day of July, 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 14th day of July, 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 LDC 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 r r ^-rtain improvements described as follows: BID NO. 13008 -- CITY COUNCIL OFFICE RENOVATIONS in the amount of $34,126.00 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 JULY 14, 1994 Page 421 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: /s/ Caye Davis Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: LDC CONSTRUCTION CO., INC. By: Title: Vice President COMPLETE ADDRESS: P.O. Box 65251 Lubbock, Texas 79464 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4545 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Resolution #4546 authorizing the Mayor to execute for and on behalf of the Cily of Lubbock an agreement with Lubbock Regional Mental Health and Mental Retardation Center. RESOLUTION #4546 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Lubbock Regional Mental Health and Mental Retardation Center to provide up to $63,000.00 from Department of Housing and Urban Development funds to be used in the MFMt Drug Elimination Program. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. JULY 14, 1994 Page 422 Passed by the City Council this 14th day of July, 1994. /s/ David R. Langston 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, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Community Development Funding Agreement between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center is filed with Resolution No. 4546. This item was removed from the consent agenda. On February 24, 1994, during the CDBG public hearing, members of the community as well as staff from the Lubbock Mental Health and Mental Retardation group appeared before the Council to ask that the Drug Elimination Project be considered for continued funding from CDBG funds. The Community Development Advisory Committee had not recommended this project due to insufficient evidence that the program was effective in curtailing illegal drug and gang activity within the City. However, the Council felt that the activity was worthwhile and approved an allocation of $63,000 to Lubbock MI-IMR for continuing to service the Cherry Point and Parkway areas. The funding agreement is to cover the $63,000 grant award to Lubbock Mental Health and Mental Retardation. The Drug Elimination Project meets CDBG federal regulations by benefiting a low -to -moderate income area. Staff recommended the signing of this document. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4546 as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. JULY 14, 1994 Page 423 (32.) Consider Resolution #4547 regarding the use of proceeds of revenue bonds issued by the Washington Countv Health Facilities Development Corporation to refinance certain obligations relating to, and construct, improve, and remodel, health facilities located within the boundaries of the City of Lubbock. Texas. RESOLUTION #4547 RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE WASHINGTON COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION TO REFINANCE CERTAIN OBLIGATIONS RELATING TO, AND CONSTRUCT, IMPROVE, AND REMODEL, HEALTH FACILITIES LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS WHEREAS, the Washington County Health Facilities Development Corporation (the "Issuer") was created by Washington County, Texas pursuant to the provisions of the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code ( the "Act") WHEREAS, it has been proposed that the Issuer issue its limited obligation revenue bonds (the "Bonds") and loan the proceeds thereof to Lutheran Social Services of the South, Inc., a Texas non-profit corporation (the "Borrower") , to refinance certain outstanding obligations of the Borrower to banks relating to, and construct, improve, and remodel, health facilities which are located within the territorial limits of the City of Lubbock (the "City"), Texas; WHEREAS, the City is a "sponsoring entity" within the meaning of the Act; WHEREAS, under the Act, use of the proceeds of the Bonds to finance the refinancing of certain obligations relating to, and constructing, improving, and remodeling, health facilities located outside the limits of Washington County, Texas and within the limits of the City requires the consent of the City Council of the City (the "City Council'); WHEREAS, pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in the City following reasonable public notice with respect to the Bonds and the Captioned project and has presented to the City Council a summary of the proceedings from the Hearing; WHEREAS, in order to satisfy the requirements of section 147(f) of the Code, it is necessary for the City Council or the City Mayor, as the chief elected executive officer of the City, to approve the Bonds after the Hearing has been held; WHEREAS, the Bonds are payable from revenues to paid by the Borrower and are not payable from taxes by any jurisdiction, including Washington County, Texas or the City; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; JULY 14, 1994 Page 424 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT; Section 1: This Resolution is adopted for the purpose of satisfying the conditions and requirements of Section 221.080 of the Act and section 147(f) of the Code and the regulations promulgated thereunder. Section 2: The City of Lubbock, Texas acting by and through its City Council, hereby consents to the issuance of the Bonds by the Issuer, upon such terms as the Issuer deems appropriate and approves. Section 3: The City Council of the City hereby authorized the Mayor of the City to receive the summary of the proceedings from the Hearing and to approve the Bonds, which are to issued A. in the maximum aggregate principal amount not to exceed $9,000,000, and B. to refinance certain outstanding obligations of the Borrower to banks relating to, and construct, improve, and remodel, various health care facilities, part of which are located in the City of Lubbock and known as Lutheran Home of West Texas; pursuant to section 147(f) of the Code. Section 4: The approval of the Mayor, when given, is in accordance with the provisions of section 147(f) of the Code, and is not to be construed as an undertaking by the City, and the Bonds shall never constitute an indebtedness or pledge of the City within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the City. Section 5: The Mayor and City Clerk of the City and each Council member are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. Section 6: This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this 14th day of July, 1994. CITY COUNCIL OF LUBBOCK, TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary Robert Massengale, Assistant City Manager, presented staff comments. The above referenced bonds will be issued by the Washington County Health Facilities Development Corporation. Proceeds of the bonds will be loaned to Lutheran Social Services of the South, Inc. and will be used to: JULY 14, 1994 Page 425 refinance certain obligations of Lutheran Social Services to banks relating to health care facilities in Brenham and Lubbock; (ii.) reimburse Lutheran Social Services for the cost of acquiring, constructing, and equipping health care facilities located in Brenham and Canyon Lake; (iii.) construct, improve, and remodel certain health care facilities in Shiner and Lubbock; and (iv.) pay a portion of the costs of issuance of the Bonds. Federal tax law and Texas state law require that certain approvals be obtained from the governmental entities where each facility is located. Since the Lutheran Home of West Texas is located in Lubbock, approvals must be obtained from the City of Lubbock, Lubbock County, and the Lubbock County Hospital District. Each entity must consent to the issuance of the bonds by adopting a resolution such as the one being considered. Fulbright & Jaworski, L.L.P., bond counsel for the City of Lubbock, has indicated that approval of this resolution does not create any debt, obligation, or liability of the City of Lubbock, and will provide a comfort letter attesting to that fact. Staff recommends approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4547 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez and Mayor Pro Tem Neugebauer were absent from Council Chambers. (33.) Consider authorizing the write-off of uncollectible accounts for calendar year 1993. Mark Hindman, Director of Support Services, presented staff comments. On an annual basis, all returned checks and past -due accounts for which all collection efforts by the collection agency that serves the City of Lubbock have been exhausted are compiled and submitted to the City Council for consideration for write-off. For the calendar year 1993, the amount of write-off recommended is $855,353.01. This amount represents $3,195.41 in uncollectible insufficient checks and $852,157.60 in uncollectible accounts. The amount of uncollectible accounts calculates to .88 percent of net sales. Reserves are established annually for these write-offs. The amount of the write-off for calendar year 1993 represents 92 percent of the amounts reserved. Authorizing these write-offs is a housekeeping measure that is consistent with sound financial procedures. Therefore, Staff recommended approval of this minuted action. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize the write-off of uncollectable accounts as recommended_ by staff. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 426 (34.) Consider Resolution #4548 authorizing the Mayor to extend the current contract for bank depository services for the City of Lubbock. RESOLUTION #4548 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 First Amendment to a Depository Contract with American State Bank for the custody of the funds of the City of Lubbock, 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 14th day of July, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Wood Betsy Wood, Chief Accountant APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The First Amendment to Depository Contract between the City of Lubbock and American State Bank is filed with Resolution No. 4548. Mark Hindman, Director of Support Services, presented staff comments. The contract between American State Bank and the City of Lubbock to provide depository services expired on May 31, 1994. Applications were solicited and evaluated and a recommendation was made by staff. In the City Council meeting of May 26, 1994, City Council moved to reject all applications and instructed staff to solicit new applications. Because the prior contract expired May 31, 1994, and the new contract will begin August 1, 1994, staff recommended that the prior contract be extended to July 31, 1994, to cover the interval between contracts. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4548 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston recused and excused himself from discussion and voting on this item. JULY 14, 1994 Page 427 (35.) Consider Resolution #4549 authorizing the Mayor to execute a contract for bank depository services for the City of Lubbock. RESOLUTION #4549 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of _ Lubbock and American State Bank for Municipal Depository Services, 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 14th day of July, 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/ Robert Massengale Robert Massengale, Assistant City Manager/ Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Designation of Depository and Contract for the Custody of the Funds of the City of Lubbock, Texas between the City of Lubbock and American State Bank is filed with Resolution No. 4549. Mark Hindman, Director of Support Services, presented staff comments. The contract between American State Bank and the City of Lubbock to provide depository services expired on May 31, 1994. On February 25, 1994, in accordance with statutory requirements (Local Government Code Chapter 105: DEPOSITORIES FOR MUNICIPAL FUNDS), the City solicited applications from qualifying institutions to provide depository services for a 5-year period. Staff evaluated the responses to those applications and determined that First National Bank offered the highest net earnings on the City's bank deposits. However, First National Bank could not offer firm prices. Based on this, staff made a recommendation that the City execute the contract with the next highest bidder with firm prices, American State Bank. In the City Council meeting of May 26, 1994, City Council moved to reject all applications and instructed staff to send out new applications for three- and for five-year contracts. City Council decided that perhaps First National Bank could offer firm prices if the contract were for three years rather than five and that the opportunity for higher possible earnings should be explored. In compliance with City Council's directive, the City solicited applications from local banks on June 5, 1994. The City sent out 11 applications and received 4 responses. One response was to report that there would be no response. Of the three that submitted applications for consideration, proposed fees were applied to the volume of activity that existed JULY 14, 1994 Page 428 from April 1, 1993, through March 31, 1994 (to determine a comparable cost between banks). Then, sweep account earnings were projected and netted by costs to yield projected net earnings. American State Bank offers the City the highest net earnings on its bank deposits. This is due primarily to a higher earnings rate. Staff therefore recommends exe- cuting a contract with American State Bank for the City's depository services. Robert Massengale, Assistant City Manager, interjected that City funds held in American State Bank must be secured 102 percent by Treasury bonds or municipal bonds held in another bank. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4549 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Langston recused and excused himself from discussion and voting on this item. (36.) Consider Resolution #4550 directing the staff to implement the Council's decision regarding the one-half cent Economic Development Sales Tax revenues. RESOLUTION #4550 WHEREAS, the 1/2 cent Economic Development Sales Tax collected for the Department of Defense Finance and Accounting Center project produced tax receipts of $4,858,617 (plus any accrued interest) during the period July 1, 1993, and December 31, 1993; and WHEREAS, the City Council of the City of Lubbock had committed itself to conduct a public hearing with regard to utilization of such funds for another purpose in the event the Defense Department project was not obtained; and WHEREAS, the Defense Department project was cancelled by the Secretary of Defense after Lubbock had submitted its proposal; and WHEREAS, the City Council conducted a public hearing on June 23, 1994, with regard to proposals for the use of said funds at which hearing recommendations of citizens and the City staff were received; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT, having given due consideration to public and staff input received on this issue, it is the decision of the City Council of the City of Lubbock that the best use of such funds will be to use the funds to defease the bonds issued to fund the new State Psychiatric Hospital, which will require approximately $3,642,408, and hold any remaining funds in reserve. SECTION 2. THAT the staff of the City of Lubbock is hereby authorized and directed to implement this decision as directed by City Council. JULY 14, 1994 Page 429 Passed this 14th day of July, 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 Bob Cass, City Manager, presented staff comments. On June 23, 1994, Council held a public hearing for the purpose of receiving public comment on the Economic Development Sales Tax Revenues. These sales tax revenues were col- lected for the Department of Defense Finance and Accounting Center project which was canceled by the Secretary of Defense. The City of Lubbock collected $4,858,617 (plus any accrued interest) from the 1/2 cent Economic Development Sales Tax during the period of July 1993 to December 1993. The 1/2 cent Economic Development Sales Tax was repealed by citizens on August 14, 1993. These funds are currently being held in the Economic Development Fund, and Council is committed to holding a public hearing prior to allocating any of the funds. After evaluating several options prepared by staff, Council reached consensus to use the funds to defease the bonds issued to fund the Psychiatric Hospital and leave the balance in the Economic Development Reserve Fund. The most current estimate needed to defease the bonds is $3,642,408. The remaining balance after retirement of the bonds is approximately $1,216,209. Staff recommends that Council use the funds to retire the Psychiatric Hospital debt, and designate the remaining funds for the Economic Development Reserve Fund. These reserve funds and accrued interest earnings will be available for future economic development projects. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to use approximately $3.6 million to defease the bonds issued to fund the Psychiatric Hospital and leave the remainder in the General Fund at this time. Motion carried: 7 Yeas; 0 Nays. JULY 14, 1994 Page 430 (37.) Consider Resolution #4551 giving Notice of Intent to enter into a tax abatement a reement with Cactus Theater Inc. Located at 1812 Avenue H . RESOLUTION #4551 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Cactus Theater, 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 Cactus Theater, 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 within Lots Seventeen (17), Eighteen (18), and the South part of Lot Nineteen (19), Block Two Hundred Thirty (230), Original Town of Lubbock, Lubbock County, Texas. Passed by the City Council this 14th day of July, 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/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Rod Ellis, Director of Business Relations/Economic Development, presented staff comments. Don Caldwell, dbaCactus Theater, Inc., has made application for Com- mercial Tax Abatement in the North Enterprise Zone. Mr. Caldwell plans to renovate an existing historic building i►, the Depot District, located at 1812 Avenue H, into a performing arts and entertainment venue. The building has been used as a warehouse for the past 30 years. The total estimated project cost for the theater at 1812 Avenue H is estimated to be $250,000. The Cactus Theater is projecting that they will do four shows per week and will create two full-time and four part-time jobs. The Cactus Theater project will benefit the Depot District and will create employment opportunities in the North Enterprise Zone, as well as an enhancement to the tax base. JULY 14, 1994 Page 431 Staff recommended approval of the contract for tax abatement, providing for two- year abatement. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4551 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) 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: Community Services Commission Community Development Advisory Committee Keep Lubbock Beautiful Advisory Committee Building Board of Appeals South Plains Association of Governments Electric Utility Board Civil Service Commission Neighborhood Certification Committee Neighborhood Redevelopment Commission Citizens Traffic Commission �-- There being no further business to come before Council, motion was made by Councilmember Patterson, seconded ou ember Ince to adjourn the meeting at 1:50 p.m. Motion carried: 4 Yeas 0 Nays --Coup ilmember Sitto , Councilmember Hernandez, and Mayor Pro Tem N gebpusr, we bse om ouncil Chaoitwrs-, DAVID R. LANUSTON. MIAVOR ATTEST: 6ac�-Betty M. Johnso City Secretary Read and approved this the 28th ATTEST: kk clx�'L etty ohnso _ City Secretary