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Home My WebLink AboutMinutes - City Council - Regular - 4/13/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 13, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 13th day of April 1995 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, First Assistant City Manager Gavino Sotelo, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, and Councilmember Victor Hernandez. Councilmember Patterson presided and called the meeting to order at 10:04 A.M. ( 1.) The Invocation was given by Director of Support Services Mark Hindman. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments ( 4.) Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the minutes of the March 23, 1995, Regular City Council Meeting as written. Motion carried: 4 Yeas; 0 Nays. ( 5.) ORDINANCE #9787--Abandoning and closing a portion of an alley located in Block 37, Suburban Homes Addition (110 50th Street). ORDINANCE #9787 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 37, SUBURBAN HOMES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9787 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. City Council Minutes April 13, 1995 Page 232 ( 6.) ORDINANCE #9788--Authorizing Deferred Payment through a time payment contract for Iglesia Bautista El Pueblo de Dios Unido for Sewer Pro Rata payments. ORDINANCE #9788 AN ORDINANCE PROVIDING FOR DEFERRED PAYMENT OF WATER PRO RATE CHARGES BY IGLESIA BAUTISTA EL PUEBLO DE DIOS UNIDO IN THE CARLISLE AREA IN THE SAME MANNER AS IS PROVIDED FOR OWNERS OF SINGLE FAMILY RESIDENCES BY SECTION 28-164 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9788 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 7.) ORDINANCE 99790--Zone Case No. 2751 (northwest corner of 59th Street and York) --Request of Hugo Reed and Associates (for H.O.L.D.) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on Lots 11-16, Block 1, Piedmont Addition. ORDINANCE #9790 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2751; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 11-16, BLOCK 1, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9790 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 8.) Ordinance #9791--Amendment of the Zoning Code in the building materials and construction section of the Interstate Industrial District (IHI) regarding a prohibition of factory manufactured metal panels with through -the -wall fasteners. ORDINANCE 99791 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-23.3(o)(2)a ENTITLED "IHI DEVELOPMENT STANDARDS"; REGARDING METAL WALL PANELS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. The proposed ordinance was amended to require that fasteners be the same color as the metal panels. Samples of the fasteners were distributed during the work session. Staff recommended approval. 232 City Council Minutes April 13, 1995 Page 233 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9791 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. ( 9.) ORDINANCE #9792--Amendment of the Zoning Code for the definition of "rear yard" in the R-1 Specific Use, R-1 and R-2 sections related to setback for garages from the alley or easement line. ORDINANCE 49792 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING THE DEFINITION OF "REAR YARD" IN REGARD TO GARAGE SETBACKS IN SECTION 29-7(f)(2) ENTITLED "R-1 SINGLE-FAMILY DISTRICT" SECTION 29-8(f)(2), ENTITLED "R-2 TWO-FAMILY DISTRICT", AND SECTION 29-24(2)(e) ENTITLED "SPECIFIC USE DISTRICT (TOWNHOUSE/GARDEN HOME) R-1 DISTRICT"; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9792 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (10.) ORDINANCE #9793--Clarification of existing definition for narking at restaurants in the C-4 District. ORDINANCE #9793 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-20(m)(1)h ENTITLED "OFF-STREET PARKING - REQUIRED" TO CLARIFY RESTAURANT PARKING IN THE "C-4" DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9793 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (11.) Consider Resolution #4792 authorizing the Mayor to execute a change order between the City of Lubbock and Mac Roofing for the Airport reroofing and waterproofing. RESOLUTION #4792 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 Change Order Nos. 3, 4 and 5 for 1994 Reroofing & Waterproofing Lubbock International Airport, attached herewith, by and between the City of Lubbock and Mac Roofing & Supplies, Inc., and any associated documents, which Change Order 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. 233 City Council Minutes April 13, 1995 Page 234 Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones H. David Jones, Airport Property Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order Nos. 3, 4 and 5 are filed with Resolution No. 4792. The referenced change orders are as follows: Change Order No. 3, in the amount of $15,985, is for the repair of 44 deteriorated marblecrete patches. The repairs will give a water -tight roof by preventing water from penetrating the flashings behind the marblecrete. The contractor discovered large deteriorated patches on the terminal building. In February 1995, the contractor estimated a base price for the identified damage and in addition quoted a square -foot price to allow for repair of any additional damage that may occur between the time of the estimate and actual repairs. Change Order No. 4, in the amount of $5,180, is for additional flashing repairs on the windows on nine roof areas. This will also give a water -tight roof by preventing water from penetrating the metal capping that is installed. The difference in construction of this set of windows was not discovered until reroofing began. This item stems from a design peculiarity along a lower panel of windows just above the canopy section of the terminal building. Change Order No. 5, in the amount of $24,284, is for additional electrical work that was not as detailed according to the plans and also for unit price electrical work as listed in the unit price section of the contract. Because many of these junction boxes that needed to be reworked were not visible until roofing construction began, the estimate was based on the number of boxes identified in the plans. However, there were six additional boxes, not shown on the plans, that needed to be reworked. The estimate included a per unit cost to allow for these additional boxes. These represent final actions that need to be taken to complete out the roofing project. This item is being brought before Council since the aggregate total is in excess of the amount that can be authorized without Council approval. 234 City Council Minutes April 13, 1995 Page 235 Staff recommended that the change orders be approved. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4792 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (12.) Consider Resolution 44793 authorizing the Mayor to execute Change Order No. 6 between the City of Lubbock and BRB Contractors, Inc., for the Southeast Water Reclamation Plant Project, Contract No. 4. RESOLUTION #4793 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 Change Order No. 6, for Southeast Water Reclamation Plant Improvements Contract No. 4, to add lump sum for modification of effluent pumps EP-804 and 805 to increase the performance capacity of the pumps, attached herewith, by and between the City of Lubbock and BRB Contractors, and any associated documents, which Change Order shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of April, 1995. /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, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 6 is filed with Resolution No. 4793. Contract No. 4, originally awarded to BRB for a contract amount of $10,185,000, is one of four construction contracts in the $50.6 million project to expand, upgrade, and renovate the Southeast Water Reclamation Plant. Contract No. 4 involves the renovation of Plants No. 2 and No. 3, improvements to the laboratory, and the demolition and removal of Plant No. 1. 235 City Council Minutes April 13, 1995 Page 236 This change order provides for the modification of effluent pumps, along with associated motors and variable speed drives, to increase the performance capacity on the pipeline to the Southwestern Public Service Company's Jones Power Plant. This is necessary in order to provide the electric power plant with the required volume of treated effluent in accordance with provisions of the existing contract between the City of Lubbock and SPS. The pumps originally specified were undersized because the construction drawings of the effluent pipeline which were provided to the design engineer contained misleading information pertaining to the length of the pipeline. Also, the estimates of the volume required for delivery of the effluent to the electric generating plant were low. Change Order No. 6 would add $84,599 to the contract and, along with five previous change orders, would increase the contract amount by $103,580 to a total of $10,288,580, or a 1.02 percent overall change to the original contract. Funds to cover the increase are included in the project contingency funds. This change order is required in order to deliver the required volume of treated effluent to the SPS Jones Station power plant. Staff recommended approval of this item. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4793 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (13.) Consider Resolution #4794 authorizing the Mayor to sign a Maintenance Support Agreement with Advanced Control Systems for Lubbock Power and Light's Supervisory Control and Data Acquisition Master computer system RESOLUTION 94794 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 Supplemental Maintenance Support Agreement Control Number LPL-HPM9000 for Lubbock Power and Light's Supervisory Control and Data Acquisition computer system for the life of the equipment, attached herewith, by and between the City of Lubbock and Advanced Control Systems, 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. 236 City Council Minutes April 13, 1995 Page 237 Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Brent A. Heath Brent A. Heath, Supervising Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Supplemental Maintenance Support Agreement is filed with Resolution No. 4794. In late 1994 a new computer based Supervisory Control and Data Acquisition (SCADA) Master Station was installed at the LP&L Operations Center. This computer system monitors and controls critical equipment, processes and conditions at LP&L substations and power plants. LP&L has had remote monitoring and control of all transmission and distribution substations for over 30 years due to their critical nature. This new master station replaced an existing unit that had been in service nearly 15 years. The Maintenance Support Agreement will provide full subscription hardware and software support for LP&L's new Master Supervisory Control and Data Acquisition (SCADA) computer system. The Maintenance Support Agreement has been studied by LP&L, Information Services and City Attorney's Office for content, application, and economics. This Maintenance Support Agreement is to be executed annually for the life of the equipment. This Maintenance Support Agreement will permit LP&L to maintain their SCADA system by utilizing the most advanced state-of-the-art software and hardware that is available in the electrical utility industry today. LP&L and Information Services recommended the approval of this resolution approving the Maintenance Support Agreement. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4794 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 237 City Council Minutes April 13, 1995 Page 238 (14.) Consider Resolution #4795 authorizing the Mayor to execute a Change Order in favor of Global Boiler and Mechanical, Inc RESOLUTION #4795 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 Change Order No. 1 with Global Boiler & Mechanical, Inc. for the repair of eight (8) additional boiler tubes, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Director of Electric Utilities lyto-]M1we] Mel R 'U" /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 1 is filed with Resolution No. 4795. This change order is for the replacement of eight northwest corner water wall tubes which do not meet the National Board Inspection Codes 1989 (NBIC), or the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code Section 1. The tube wall thickness should be a minimum of 0.147 inches, according to the Code. The current eight tubes are from 0.131 to 0.109 inches in thickness. The State of Texas requires all power boilers to meet the NBIC and ASME codes in order to be licensed. At the present time this boiler is not licensed. The amount of the change order is $18,940, which is an increase of 4.04 percent of the original contract price of $487,200. This tube work was not covered in the original bid and is therefore additional work. The work should be done before the boiler is inspected, reskinned, and insulated. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4795 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 238 City Council Minutes April 13, 1995 Page 239 (15.) Consider Resolution #4796 allowing the Mayor to execute an agreement allowing the Knights of Columbus Council #3008 to host a Cinco de Mayo Festival at Buddy Holly Recreation Area that will include the sale and consumption of alcoholic beverages. RESOLUTION #4796 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 Temporary Parks License Agreement by and between the City of Lubbock and Knights of Columbus Council #3008 of Lubbock which temporary agreement 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 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rusty Black Rusty Black, Parks Department Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Temporary Parks License Agreement is filed with Resolution No. 4796. In June 1994, the Parks and Recreation Department was approached by Knights of Columbus #3008 to host a Cinco de Mayo Festival on May 5-7, 1995, at the Buddy Holly Recreation Area, adjacent to the Landwer Party House. This request included the desire to allow the sale and consumption of alcoholic beverages as part of the event on May 5, 6 and 7. At the June 28, 1994, Park Board meeting, the Knights presented the request and it was unanimously approved by the Park Board. The park area was reserved for the event with details to be worked out with Park and Recreation staff. Through a series of meetings and discussions, the details were worked out. Guidelines and procedures have been developed to ensure that special concerts or events would fall under proper control, access, security and management when alcohol is sold on this property. 239 City Council Minutes April 13, 1995 Page 240 The Parks and Recreation staff also has policies, procedures, and operating regulations that each group be mandated to follow for each concert or event unless their specific lease exempts them from a provision. Requests for events including alcohol sales must be approved by the Parks Board and then by the City Council. In order to ensure that this event has proper security and other safeguards to provide an orderly event, the following are provided in the lease agreement. Security fencing by K of C Alcoholic beverage concessions - maximum of 2 stands Liability Insurance - $1,000,000 by K of C Security - 3 officers per 1,000 participants Parking - offsite parking south of concert site Concessions - ($250.00 per space) Restroom Facilities - minimum of 20 First aid station - minimum of 2 Bands by K of C Promotion by K of C Litter control by K of C Dumpsters - minimum of 6 by K of C The Knights of Columbus have previously held three similar events under this agreement, and the Knights agreed to a fee of $750 per day, with Friday, May 5, being a half -day fee of $375. The City will make $1,875 for this three-day festival, less minor expenses for electricity and site preparation. The resolution would allow the Mayor to enter into an agreement that will allow Knights of Columbus Council #3008 to sell alcoholic beverages during their Cinco de Mayo Festival. Staff and the Parks and Recreation Board recommended approval of this resolution in accordance with the agreement and policies. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4796 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (16.) Consider Resolution #4797 authorizing the Mayor to execute a tax abatement agreement with Red River Commodities, Inc. RESOLUTION #4797 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 Guidelines and criteria governing tax abatement for commercial projects in designated enterprise zones in the City of Lubbock, attached hereto, by and between the City of Lubbock and Red River Commodities, Inc., and any associated documents, 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. 240 City Council Minutes April 13, 1995 Page 241 Passed by the City Council this 13th day of April, 1995. /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/ Jean E. Shotts Jean E. Shotts, Trial Attorney A copy of the Guidelines and Criteria are filed with Resolution No. 4797. Red River Commodities, Inc., has made application for industrial tax abatement in the North Enterprise Zone. The company is based in North Dakota and plans to open a plant in Lubbock to process confection sunflowers. Red River has purchased a building at 212 N.E. Loop 289 and intends to invest approximately $500,000 in improvements. The business will create approximately 12 new jobs. The request for tax abatement is for a five-year period. Staff recommended favorable consideration by Council and execution of the agreement. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4797 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (17•) Consider Resolution #4798 authorizing the Mayor to sign Change Order No 1 to the 1995 Street Maintenance Contract RESOLUTION #4798 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 Change Order No. 1 to 1995 Street Maintenance Program by and between the City of Lubbock and Williams & Peters Construction Co., Inc., 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. 241 City Council Minutes April 13, 1995 Page 242 Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 1 is filed with Resolution No. 4798. The bid price of $1,744,696 for the 1995 Street Maintenance Program is more than the available funds of $1.7 million. Therefore, several streets need to be removed from the street list. A total of 52,333 square yards of streets were selected to be removed from the 1995 program. The streets were selected for removal because it was felt that they could best be carried over until next year's program with the least amount of deterioration. The reduction will have no significant effect on the time required to complete the project. This Change Order represents a 4.5 percent decrease to the 1995 Street Maintenance Program. Original Amount of Contract $1,744,696.66 Amount Decreased by Change Order No. 1 78,115.36 New Contract Total $1,666,581.30 Staff recommended the approval of the Change Order. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4798 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. Consider Resolution #4799 accepting paving improvements constructed by Williams and Peters Construction Co. Inc. in Lakeridge Country Club Estates, Lots 916-950. RESOLUTION 44799 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 916-950, Lakeridge Country Club Estates Addition, made arrangements with Williams & Peters 242 City Council Minutes April 13, 1995 Page 243 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: 96th Street (full width) from the East lip line of Slide Road to the West end of radius of the alley West of York Avenue and the South half of 96th Street from the West end of radius of the alley West of York Avenue to 16.46 feet West of the alley West of Wayne Avenue, known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2036. 97th Street from the West lip line of York Avenue to the East back -of -curb of Slide Road, known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2036. The North half of 98th Street (Curb and Gutter only) from 7.5 feet West of the West Property line of the alley West of Wayne Avenue to 7.5 feet West of the West Property line of the alley West of York Place, known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2036. York Avenue from the South lip line of 96th Street to the North back -of - curb of 98th Street, known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2036. York Place from the South lip line of 97th Street to the North back -of -curb of 98th Street, known and designated as New Subdivision Sub -Unit Number 55 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 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. 243 City Council Minutes April 13, 1995 Page 244 Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street and alley paving and curb and gutter on: 96th Street from Slide Road to the alley west of York Avenue and the south half of 96th Street from the alley west of York Avenue to the alley west of Wayne Avenue. 97th Street from York Avenue to Slide Road. 98th Street, north curb and gutter only, from the alley west of Wayne Avenue to the alley west of York Place. York Avenue from 96th Street to 98th Street. York Place from 97th Street to 98th Street. There is no City cost due to the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4799 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (19.) Consider Resolution #4800 authorizing the Mayor to execute an amendment to a street -use license between the City of Lubbock and West Texas Microwave Company (52nd Street and Avenue A northward to Broadway and Avenue K). RESOLUTION #4800 WHEREAS, WEST TEXAS MICROWAVE COMPANY of Austin, Texas (herein called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street Use License Agreement which is dated June 22, 1989, City of Lubbock Resolution 3129, for the purpose of Licensee constructing and maintaining a subsurface fiberoptic communication cable in a dedicated public street and alley as therein described, said Street Use License is incorporated by reference into this Resolution as if written in detail in this place; and 244 City Council Minutes April 13, 1995 Page 245 WHEREAS, said Licensee has requested the Licensor for an amendment to the terms of said Street Use License to cover an additional tract of land (which is also part of a dedicated public street and alley) to be used for the purposes hereinafter set forth; and WHEREAS, Licensor after consideration of the matter finds such request will not discommode the public in the use of said dedicated public street and alley and such request should be granted as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT in addition to the existing tract of land already licensed to the Licensee for construction and maintenance of a subsurface fiberoptic communication cable, the following additional tract is added by this amendment to said Street Use License as an additional tract of land licensed to Licensee for the purposes as hereinafter stated: BEGINNING AT A POINT in the City of Lubbock Right -of -Way on the West side of Avenue A on the North side of the East-West alley between 51 st and 52nd Street; THENCE continuing West from Avenue A along the North side of the East-West alley to a point in the West Right -of -Way line of Avenue D; THENCE North across 51 st, 50th, 49th, 48th, 47th, 46th, 45th, 44th, 43rd, and 42nd, Streets, to a point in the North Right -of -Way line of 42nd Street, just West of Avenue D; THENCE West along the North Right -of -Way line of 42nd Street at its intersection with Avenue D to a point in the East Right -of -Way line of Avenue J; THENCE Northward along the East Right -of -Way line of Avenue J to a point just South of 38th Street; THENCE Westward crossing Avenue J to a point in the West Right -of -Way of Avenue J, just South of 38th Street; THENCE North along the West Right -of -Way line of Avenue J to a point in the North Right -of -Way of 32nd Street; THENCE West along the North Right -of -Way line of 32nd Street to a point in the West Right -of -Way of Avenue M; THENCE Northward along the West Right -of -Way line of Avenue M, to a point in the North side of the East-West alley just South of 31 st Street; THENCE West along the North side of the East-West alley South of 31 st Street just West of Avenue M to a point in the West Right -of -Way of Avenue N; THENCE North along the West Right -of -Way of Avenue N to a point in the North side of the East-West alley between 24th Place and 24th Street; THENCE West along the North side of the East-West alley to a point in the East Right -of -Way line of Avenue P just North of 24th Place; THENCE North along the East Right -of -Way line of Avenue P to a point in the West side of the North -South alley between 18th Street and 19th Street; THENCE East across the alley to a point in the East side of the North -South alley mentioned above; 245 City Council Minutes April 13, 1995 Page 246 THENCE North along the East side of the North -South alley North of 19th Street to a point in the North Right -of -Way of 17th Street; THENCE East along the North Right -of -Way of 17th Street to a point in the East Right -of -Way of the North -South alley between Avenue K and Avenue J; THENCE North along the East line of the North -South alley to a point in the North Right -of -Way line of the East-West alley between Avenue K and Avenue J, North of Broadway; THENCE West along the North side of the East-West alley North of Broadway and West of Avenue J to a point West of the North -South alley between Avenue K and Avenue L; THENCE South to the Metro Tower Building. Said additional tract is to be used by the Licensee for the construction and maintenance of an overhead fiberoptic communication cable. SECTION 2. THAT by Licensee's payment to Licensor of the additional sum of SIX THOUSAND FOUR HUNDRED FIFTY-TWO AND 60/100 DOLLARS ($6,452.60), and acceptance of said additional consideration by Licensor as additional compensation for the licensing of said additional tract (being part of a dedicated street and alley as hereinabove stated), Licensee accepts all the terms of the existing Street Use License as applying to the additional tract of land hereby licensed to Licensee. Such acceptance by Licensee of the terms of said Street Use License as applying to said additional tract of land is further made by Licensee by constructing and maintaining the overhead fiberoptic communication cable as aforesaid. The term of the Street Use License shall terminate at the same time as originally provided in said Street Use License Agreement. SECTION 3. THAT except as hereby amended, the terms of said Street Use License shall remain the same, and as hereby amended is hereby ratified and confirmed by Licensor by passage of the Resolution and by Licensee's acceptance of the terms of this Resolution as aforesaid. Passed by the City Council on the 13th day of April, 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 246 City Council Minutes April 13, 1995 Page 247 On June 22, 1989, the City of Lubbock entered into a street -use license agreement with West Texas Microwave for the purpose of installing and maintaining an underground fiberoptic communication cable in street right-of-way area from South Loop 289 to 52nd Street and Avenue A. West Texas Microwave has now approached the City about installing a new cable from 52nd Street and Avenue A westward and northward down 52nd Street, Avenue D, 42nd Street, Avenue J, 32nd Street, Avenue M, 31 st Street, Avenue N, 24th Place, Avenue P, 17th Street, Avenue K to the alley north of Broadway west of Avenue L. This new cable will be overhead and travel through approximately 21,208 feet of street right-of-way. The valuation of this one -foot wide by 21,208-foot long license amendment will be as follows: 1,525 feet at $4.00 per foot $ 6,100.00 3,060 feet at $2.00 per foot $ 6,120.00 16,623 feet at 30¢ per foot $ 4,986.90 $17,206.90 Applying the street -use license formula for an overhead line, staff calculated $17,206.90 x 75% x 10% = $1,290.52 per year cost. The original license which this resolution is amending is for 20 years, payable every five years in advance. The first five-year payment due to the City will be $6,452.60. All utilities are in agreement and no problems are seen with this amendment. The Right -of -Way Department recommended the approval of this street -use license amendment. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution 44800 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (20.) Consider Resolution #4801 authorizing the Mayor to sign Change Order No 1 to the landfill liner project. RESOLUTION #4801 WHEREAS, the City of Lubbock heretofore entered into an agreement with Big D Lining Systems, Inc., for the installation of a flexible membrane liner and leachate collection system for Cell IV(b) 1 Phase 1 at the City of Lubbock landfill facility; and WHEREAS, final installation of the liner was to be performed by City personnel, but the liner was damaged during installation; and WHEREAS, it was determined that final installation of the liner should be performed by the contractor as the City lacked proper equipment and expertise to install the liner without damage; and WHEREAS, the immediate completion of the lining was essential to the health of the citizens of the City of Lubbock due to the amount of incoming waste being received by the landfill; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby authorizes and approves the attached Change Order No. 1 to Project No. 12913 by Big D Lining Systems, Inc., for liner repairs and completion of protective fill for Cell IV (b) 1 (Phase 1) at the City of Lubbock landfill 247 City Council Minutes April 13, 1995 Page 248 and the Mayor of the City of Lubbock is hereby authorized and directed to execute such Change Order No. 1 in the amount of $32,810.26 on behalf of the City of Lubbock. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra Frankhouser Debra Frankhouser Assistant Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Change Order No. 1 is filed with Resolution No. 4801. On April 28, 1994, the Council awarded a contract in the amount of $267,488.10 (Project #12913) to Big D Lining Systems, Inc., of Midland, Texas, for the construction of the flexible membrane liner and leachate collection system for Cell IV B I Phase 1. The project was originally bid with the intention of using City equipment and City personnel to perform the final phase of the lining work. The final phase of the lining process consists of placing 2 feet of protective soil cover over the flexible membrane liner and leachate collection system. On September 6, 1994, while placing the first lift of the final two -feet of protective soil cover, City equipment operators ripped a portion of the flexible membrane liner. The liner was separated at the seam, causing the integrity of the liner to be damaged. It was immediately determined that City employees lacked the equipment and expertise required to place the final dirt cover on the flexible membrane liner without causing additional damage to the liner. Current regulations require that waste be placed only in cells that have been lined as per 30 TAC 330. The completion of this lining project was of utmost importance as the landfill was out of lined space and the incoming waste was being placed in a cell which had already reached its permitted capacity. As such, it was determined that Big D Lining should complete the work necessary to finish the project on an emergency basis. The invoiced amount for the additional work is $32,810.26, which is 12.3 percent of the original contract price. Both the Solid Waste Management staff and the project engineers believe that this is a fair and reasonable price for the additional work. Staff recommended approval of this change order. 248 City Council Minutes April 13, 1995 Page 249 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4801 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (21.) Consider Resolution #4802 authorizing the Mayor to enter into an agreement with United Way of Lubbock for professional services to provide a Director of Youth Issues. RESOLUTION #4802 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 Professional Services Agreement with United Way of Lubbock for professional services to provide a Director of Youth Issues to coordinate youth issues, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Professional Services Agreement is filed with Resolution No. 4802. This agreement authorizes the City to pay the United Way of Lubbock up to $15,000 to employ and supervise a Director of Youth Issues. In addition, it stipulates that the City will pay one-third of the recruiting costs for this position. The agreement is for one year, from January 1, 1995, through December 31, 1995. Payments are made monthly, with the charges based on actual costs incurred by the United Way. The Lubbock Independent School District and Lubbock County are also contributing up to $15,000 each to support the Director of Youth Issues and each is paying one-third of the cost of recruiting. The staff recommended that the City enter into this agreement. '.. City Council Minutes April 13, 1995 Page 250 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4802 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (22.) Consider Resolution #4803 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Remington Park Addition, Lots 103-198 RESOLUTION #4803 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 103-198, Remington Park 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: 70th Street from the stub on the East side of Chicago Avenue to the cul- de-sac 600 feet East of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2036. 70th Place from the stub on the East side of Chicago Avenue to the cul- de-sac 600 feet East of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2036. 71 st Street from the stub on the East side of Chicago Avenue to the cul- de-sac 700 feet East of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2036. 72nd Street from the stub on the East side of Chicago Avenue to the cul-de-sac 900 feet East of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2036. Bangor Avenue from the South lip line of 72nd Street to the North end of radius of the alley return South of 72nd Street, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2036. Bangor Avenue from the North end of radius of the alley return North of 73rd Street to the South end of radius of the alley return North of 73rd Street, known and designated as New Subdivision Sub -Unit Number 85 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 is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. 250 City Council Minutes April 13, 1995 Page 251 SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 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: 70th Street from Chicago Avenue to the cul-de-sac east of Chicago Avenue. 70th Place from Chicago Avenue to the cul-de-sac east of Chicago Avenue. 71st Street from Chicago Avenue to the cul-de-sac east of Chicago Avenue. 72nd Street from Chicago Avenue to the cul-de-sac east of Chicago Avenue. Bangor Avenue from 72nd Street to the alley south of 72nd Street. Bangor Avenue from the alley north of 73rd Street to the alley south of 73rd Street. There is no City cost due to the contractor upon this acceptance. Staff recommended acceptance of these improvements. Mayor Pro Tern Neugebauer has filed the proper conflict of interest statement with the City Secretary's Office on this item. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4803 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 251 City Council Minutes April 13, 1995 Page 252 (23.) Consider Ordinance 49794 abandoning and closing portions of 86th Street and Boston Boulevard located in Section 13, Block E-2 (2610 86th Street). ORDINANCE #9794 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 86TH STREET AND BOSTON BOULEVARD LOCATED IN SECTION 13, BLOCK E-2, 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 a 93,087.72 sq. ft. portion of Boston Boulevard and 86th Street west of University Avenue. This area was dedicated by plat several years ago when Furr's was developing this property. Since then, Lubbock Land Company has acquired this area and has taken over the development. This area was originally dedicated as I I0-feet in width, which included a median. Only a 60-foot wide street is needed. Therefore, it is requested that this excess area be closed. Much more area is being dedicated in the plat; therefore, Lubbock Land Company will not be charged for this area being closed. The plat has been submitted and all utilities are in agreement. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Mayor Pro Tem Neugebauer has filed the proper conflict of interest statement with the City Secretary's Office on this item. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance #9794 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (24.) Consider the price and condition of sale of Parcel Number 15760-17-220 at 2632 Fir Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,776 square foot single-family residence valued at $49,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on February 1, 1995. The Housing Rehabilitation staff recommended the approval of the sale. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of the parcel as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 252 City Council Minutes April 13, 1995 Page 253 (25.) Consider the price and condition of sale of Parcel Number 15760-17-240 at 704 E. 28th Street in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,776 square foot single-family residence valued at $49,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on February 1, 1995. The Housing Rehabilitation staff recommended the approval of the sale. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of the parcel as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (26.) Consider the price and condition of sale of Parcel Number 33500-18-50 at 206 Avenue L in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,050 square foot single-family residence valued at $39,500. The land is properly zoned. The proposed sale was approved according to the marketing plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of the parcel as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (27.) Consider the price and condition of sale of Parcel Number 33500-18-70 at 210 Avenue L in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,776 square foot single-family residence valued at $49,000. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on March 21, 1995. The Housing Rehabilitation staff recommended the approval of the sale. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of the parcel as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (28.) Consider the price and condition of sale of Parcel Number 33500-18-80 at 212 Avenue L in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Texas Builders, Inc., for $400. The proposed development is a new 1,415 square foot single-family residence valued at $40,000. The land is properly zoned. 253 City Council Minutes April 13, 1995 Page 254 The proposed sale was approved according to the marketing plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve the price and condition of sale of parcel as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (29.) BID #13167--Paratransit Vans (Transit). Lasseter Bus Company, Inc.--5 Ea. Paratransit Van. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (30.) BID 413194--ADA Renovations -Civic Center Auditorium/Coliseum, and authorize same (Civic Center). RESOLUTION #4804 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 Construction Company of Lubbock, Texas to furnish and install all materials as bid for the ADA Renovations - Civic Center, Auditorium/Coliseum 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 13th day of April, 1995. 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 /s/ David R. Langston DAVID R. LANGSTON, MAYOR 254 City Council Minutes April 13, 1995 Page 255 CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 13th day of April, 1995 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13194--ADA Renovations -Civic Center Auditorium/Coliseum in the amount of $266,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. 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: ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Pharr Construction Company CONTRACTOR By: TITLE: Pharr Construction Company 907 N. Avenue Q Drive Lubbock, Texas 79403 255 City Council Minutes April 13, 1995 Page 256 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4804 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (31.) BID #13195--Armored Car Service -Annual Control, and authorize same (Finance). RESOLUTION #4805 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 Loomis Armored Inc., of Lubbock for a Contract and First Amendment for armored car services 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 13th day of April, 1995. /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 S COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 13th day of April, 1995 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 Loomis Armored, 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: 256 City Council Minutes April 13, 1995 Page 257 BID NO. 13195--Armored Car Service -Annual Control in the amount of $13,200.00 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 ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Loomis Armored. Inc. CONTRACTOR By: TITLE: Loomis Armored, Inc. 1303 N. Ash Avenue Lubbock, Texas 79403 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4805 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (32.) BID #13203--Liability and Property Insurance (Safety), Sanford Insurance Agency --Comprehensive General Liability Insurance, Lubbock International Airport Annual Premium; Public Officials Professional Liability Insurance, Lubbock International Airport Annual Premium; Boiler and Machinery Insurance Annual Premium. Broussard, Bush and Hurst --Property Insurance, Annual Premium. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 257 City Council Minutes April 13, 1995 Page 258 (33.) BID 913204--Forensic Microscope (Police Department) Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to reject all bids. Motion carried: 4 Yeas; 0 Nays. (34.) BID 913205--Municipal Square Hallway/Restroom Renovations, and authorize same (Building Services). RESOLUTION 44806 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Wardroup & Associates, Inc., of Lubbock, to furnish and install all materials as bid for the Municipal Square Hallway/Restroom Renovations for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of April, 1995. /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 6 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 13th day of April, 1995 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Wardroup & Associates, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. 258 City Council Minutes April 13, 1995 Page 259 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. 13205--Municipal Square Hallway/Restroom Renovations in the amount of $74,688.00 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 ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Wardroup & Associates, Inc. CONTRACTOR By: TITLE: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410-1799 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to authorize Resolution #4806 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 259 City Council Minutes April 13, 1995 Page 260 (35.) ORDINANCE #9789--Zone Case No 2402-E (southeast corner of 82nd Street and Elkhart) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from GO to R-1 Specific Use (for garden homes) on a tract out of Section 26, Block E-2). ORDINANCE #9789 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2402-E; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Neugebauer has filed the proper conflict of interest statement with the City Secretary's Office on this item. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9789 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (36.) Ordinance 49730--Consider assessments for paving improvements on the 1993 Assessment Paving Program (Project No. 9007). ORDINANCE #9730 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE NORTH - SOUTH ALLEY ABUTTING LOTS 26 THROUGH 37, WHISPERWOOD ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 38 THROUGH 54-A, WHISPERWOOD ADDITION; AND THE EAST -WEST ALLEY ABUTTING LOTS 141 THROUGH 147, WOODLAND PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS AND AVENUES: 20TH STREET FROM KEWANEE AVENUE TO JUNEAU AVENUE; FRANKFORD AVENUE FROM 66TH STREET TO 82ND STREET; AND 98TH STREET FROM INDIANA AVENUE TO SLIDE ROAD, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). Larry Hertel, City Engineer, presented staff comments. On August 25, 1994, the City Council conducted a public hearing to consider paving assessments for three alleys and three streets and conducted the first of three readings required for the paving assessment ordinance. 260 City Council Minutes April 13, 1995 Page 261 After the public hearing, the Council made the following decisions relative to these alleys and streets: Unit A-461-34: The north -south alley between York Avenue and Wayne Avenue from 4th Street to York Avenue. Unit A-461-35: The north -south alley between York Avenue and Zoar Avenue from 4th Street to York Avenue. Unit A-461-36: The east west alley between F.M. 1730 (Slide Road) and Zoar Avenue and between 75th Street and 76th Street. Unit 2035-96: 20th Street from Kewanee Avenue to Juneau Avenue. Pave these units as indicated on the plans and assess the abutting property owners at the calculated rate (90 percent of the paving cost and 100 percent of the curb and gutter cost) if the majority of the owners will execute an agreement stating that they believe the enhancement value is equal to the assessment rate set by the City Council. The required agreement has been signed and returned by a majority of the property owners. Unit 2035-94: Frankford Avenue from 66th Street to 82nd Street. Unit 2035-95: 98th Street from Indiana Avenue to Slide Road. Pave these units as indicated on the plans and assess the abutting property owners at the enhancement rate as determined by the appraiser with the exception of Parcel No. 11 of Unit 2035-95, which is to be assessed at the calculated rate. The enhancement value exceeded the calculated rate for this parcel. This third and final reading of the paving ordinance has been delayed in order to receive bids for these projects. The calculated enhancement rates which were considered at the public hearing and were based on estimated bid prices. The final assessment rates can be lowered if the actual bid prices are lower than the estimated bid prices used in calculating the rates for the public hearing. However, the assessment rates cannot be raised above the amounts considered at the public hearing and mailed to the property owners. 261 City Council Minutes April 13, 1995 Page 262 The enhancement rates established by the City Council at the public hearing and actual assessment rates are as follows: Rate Calculated Enhancement From Actual Rate To Be Unit Rate Bid Price Assessed ALLEYS A-461-34 A-461-3 5 A-461-3 6 STREETS 2035-96 (20th Street) PAVING CURB 2035-94 (Frankford Avenue) PAVING Residential Business CURB 2035-95 (98th Street) PAVING Residential Business Parcel #11 CURB $12.17 $14.18 $12.17 $12.17 $14.18 $12.17 $12.17 $14.18 $12.17 $13.12 $14.84 $13.12 $6.89 $6.89 $6.89 $12.86 $34.52 $12.86 $55.64 $58.19 $55.64 $6.89 $6.78 $6.78 $12.86 $54.27 $12.86 $55.64 $91.58 $55.64 $33.92 $54.27 $33.92 $6.89 $ 7.37 $5.37 The rates to be assessed are as determined by the Council at the August 25, 1994, public hearing, with the exception of the curb and gutter rate for 98th Street. This rate is adjusted to $5.37 so that the total amount of the assessment does not exceed the City's 20 percent of the 98th Street cost. Staff recommended that the ordinance be approved. This action would keep all the units on the paving program. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on third and final reading Ordinance 49730 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 262 City Council Minutes April 13, 1995 Page 263 (37.) Consider Resolution #4807 authorizing the Mayor to execute an amendment to Contract No. 515-XXF-6015 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION #4807 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. 515-XXF-6015 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. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston 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 the Contract is filed with Resolution No. 4807. John Wilson, General Manager Transit, presented staff comments. In the original contract, State Public Transportation Funds (PTF) of $267,870 were allocated to the City of Lubbock for FY94-95 for operating assistance. The State has agreed to amend the contract to give the City an additional $150,377 in PTF for operating assistance, for a total of $418,247. All other terms, conditions and provisions of the original contract shall remain in full force and effect. The entire amount, $150,377, would be used in FY95 to fund the transit operations. This would create a $150,377 surplus in the City of Lubbock funds previously allocated to transit. The staff recommended that these funds be spent as follows: Increase the transit vehicle order from 34 vehicles to 36 vehicles. The two additional vehicles would be 30- or 35- foot buses, or trolleys. This would require $80,000 of the $150,377. This $80,000 would be spent by the City in FY96. 263 City Council Minutes April 13, 1995 Page 264 Utilize the remaining $70,377 as a contribution to the Citibus Employee Health Care Fund. This would bring the fund balance to approximately $160,000, and could be used to reduce operating expenses in subsequent years. The Public Transit Advisory Board (TAB) approved the staff recommendations. The TAB (in a split vote of four to three) also made the recommendation to purchase trolleys instead of buses. The reasons for recommending trolleys are as follows: The federal grant approved in February 1995 was for 80 percent of two trolleys ($320,000), although it could be used for buses. To have an effective downtown shuttle, Citibus would need four vehicles to run frequently enough to attract customers (three vehicles on the route and one as a spare). With the Depot District and the Broadway landscape projects, there might be a better opportunity for the service. The reasons for the buses are as follows: The Texas Tech Student Association is planning to expand their service by two vehicles in FY95-96 (contingent upon approval by the Board of Regents). The trolleys must be used in public service 80 percent of the time and there is no plan to fund the downtown trolley service currently. Without such a plan the public service requirement may not be met. Due to service demands, Citibus plans to keep up to six of the 1980 GMC buses as spares. By purchasing two more buses, Citibus would not have to keep as many of the old ones. Trolleys are more expensive to maintain than regular buses and not as flexible in their use as buses for various services. The Citibus staff recommended the approval of the amendment to Contract No. 515-XXF-6015 to be used for operating funds. After the TAB's discussion of trolleys and buses, the staff feels buses would be preferred rather than trolleys since there is no concrete plan for funding a downtown trolley route. Councilmember Ince indicated his concern regarding the allocation of $70,377 to the Citibus Employee Care Fund. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4807 with the understanding that the funds not be used for trolleys as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 264 City Council Minutes April 13, 1995 Page 265 (38.) Consider Resolution 94808 authorizing the Mayor to sign an agreement between the City of Lubbock and the Community Housing Resource Board (CHRB) for funding as a Community Housing_ Development Organization, to Provide a Program entitled "The First -Time Homebuyer Lease/Purchase Program." RESOLUTION 44808 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 Funding Agreement with the Community Housing Resource Board under the HOME Program to provide services for "The First -Time Homebuyer Lease/Purchase 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. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beth M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director for Health & Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Funding Agreement is filed with Resolution No. 4808. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. Under the HOME Program, the City of Lubbock is required to set aside 15 percent of their HOME Grant to be given to a Community Housing Development Organization (CHDO). The total 15 percent set -aside funding available is $245,850. On November 18, 1994, the Community Housing Resource Board (CHRB) asked to be considered as the CHDO for the FY94 and FY95 HOME Program. As a CHDO, CHRB would provide housing that is affordable to low and moderate income persons. On March 4, 1994, CHRB was certified as a CHDO and eligible to receive all or a portion of the City's 15 percent minimum HOME set -aside funding. 265 City Council Minutes April 13, 1995 Page 266 CHRB proposes to provide a program called "The First -Time Homebuyer Lease/Purchase Program." This program addresses the needs of many potential first-time homebuyers who may not be ready to assume the responsibilities of homeownership, but who with counseling, homeownership nurturing and time will mature into excellent first-time homebuyer candidates. CHRB intends to purchase and rehabilitate properties at a cost of $170,850. Once in possession of the properties, the CHDO sponsor would lease the property to a first-time homebuyer for a period of one to three years, after which time the applicant would be assessed to see if they can purchase. At the expiration of the lease, the CHDO must sell or transfer the property along with the HOME loan/grant obligations to the first-time homebuyer. The lease will provide for the lease/purchaser to make monthly payments to the CHDO. After payments for any major repairs and maintenance, fire and casualty insurance and real estate taxes (if not exempt), the CHDO will be required to establish a Special Reserve Account designed to meet projected downpayment and closing costs associated with permanent mortgage financing on behalf of the lease/purchaser. This year, all CHDO projects were submitted for review by the CHDO Subcommittee of the Lubbock Housing Consortium on November 17, 1994. Three projects were submitted, one by Guadalupe Economic Services and two by the Community Housing Resource Board. The Housing Consortium approved CHRB for funding on December 28, 1994, and concurred that the projects be recommended to the Neighborhood Redevelopment Commission of the City. On February 21, 1995, the Neighborhood Redevelopment Commission voted to recommend the Community Housing Resource Board to the City Council for HOME CHDO set -aside funding. The Housing Rehabilitation staff joins the Neighborhood Redevelopment Commission in recommending this project for funding. Yolanda Jimenez, Executive Director of CHRB, addressed Councilmember Sitton's concern about the potential for illegal activities of the tenants. Ms. Jimenez indicated that there will be individuals monitoring the activities that are going on in the units. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4808 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. 9.. City Council Minutes April 13, 1995 Page 267 (39.) Consider Resolution #4809 authorizing the Mayor to sign an agreement between the City of Lubbock and the Community Housing Resource Board (CHRB) for funding as a Community Housing Development Organization, to Provide a program entitled "Affordable Rental Housing Project." RESOLUTION #4809 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 Funding Agreement with the Community Housing Resource Board under the HOME Program for the provision of funding for the acquisition of an eight (8) unit rental complex to provide affordable rental housing. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of April, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director for Health & Community Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Funding Agreement is filed with Resolution No. 4809. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. This project submitted by the Community Housing Resource Board (CHRB) involves the acquisition in the North Overton area of an eight -unit apartment complex formerly owned and utilized by the South Plains Children's Shelter, Inc. Specifically, the complex is located at 1010 and 1012 Avenue R. CHRB has a $25,000 commitment from American State Bank to go toward the purchase of the complex if the balance of the funds are approved through this project. Currently the project has a 90 percent occupancy and is being used to house low income Tech students enrolled in the Center for Drug Addiction Program. In the future, as units become available, the project will house anyone who meets the occupancy requirements, is in need of affordable rental housing, and is low income. 267 City Council Minutes April 13, 1995 Page 268 The CHRB sought and received the endorsement of the North Overton Neighborhood Association for this project and seeks $75,000 in CHDO set -aside funding. This year, all CHDO projects were submitted for review by the CHDO Subcommittee of the Lubbock Housing Consortium on November 17, 1994. Three projects were submitted, one by Guadalupe Economic Services and two by the Community Housing Resource Board. The Housing Consortium approved CHRB for funding on December 28, 1994, and concurred that the projects be recommended to the Neighborhood Redevelopment Commission of the City. On February 21, 1995, the Neighborhood Redevelopment Commission voted to recommend the Community Housing Resource Board to the City Council for HOME CHDO set -aside funding. The Housing Rehabilitation staff joins the Neighborhood Redevelopment Commission in recommending this project for funding. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution 44809 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. (40.) Consider Resolution #4810 authorizing the Mayor to execute and submit the 1995 HOPE 3 Implementation Grant Application and all related documents RESOLUTION #4810 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 HOPE 3 Implementation Grant Application for the 1995 and related documents and THAT the City Council of the City of Lubbock hereby authorizes said Implementation Grant Application containing local matching funds for the total amount of $250,000.00 from: The donation of four City owned houses totaling $190,732.00; and 2. Previously approved lots donated by the URA Board and City Council for the HOPE program totaling $20,000.00; and 3. CDBG administrative funding of up to $50,000.00 eligible as match under the HOPE Program. 268 City Council Minutes April 13, 1995 Page 269 THAT said application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of April, 1995. / David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Community Development and Health Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the HOPE 3 Implementation Grant Application is filed with Resolution No. 4810. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. Under the Cranston -Gonzalez Affordable Housing Act of 1990, the Homeownership Opportunities for People Everywhere Program (HOPE) was created. The City of Lubbock has prepared an application for funding for the 1995 fiscal year. The HOPE Program is designed to increase affordable homeownership opportunities for low and moderate income first-time homebuyers. The maximum grant this year is $1 million. The grants are awarded on a competitive basis and the City of Lubbock's application is for $1 million. The Housing Section has received two previous HOPE 3 grants. The FY92 grant was for $1,000,000 and assisted thirty-three first-time homebuyers and the FY93 grant was for $1,710,000 and assisted 36 first time homebuyers. There is a match requirement for this program. For the past two years the match requirement has been 33 percent but has been reduced to 25 percent for FY95. The match for the previous two years was 16 houses along the Indiana right-of-way that were moved to other affordable housing neighborhoods. The City Council is requested to consider donating four additional units, (three acquired along the Indiana right-of-way, and one donated by the State) for matching purposes. The application includes three major components. These include $421,536 to acquire 16 properties; $415,664 for the rehabilitation of 20 properties; and $33,000 for the homebuyer closing costs. With respect to property acquisition, the properties being purchased are generally VA or FHA vacant repossessed houses. r.• City Council Minutes April 13, 1995 Page 270 The houses are sold for fair market value. The mortgage loans are at 3 percent interest with a 20- to 30-year term. The funding for the rehabilitation of the houses is designed to be a partial loan and a no -interest deferred payment loan. Only low to moderate income first-time homebuyers are eligible for a HOPE house and for the rehabilitation assistance. The portion of the rehabilitation assistance that will be a payback loan is based on a sliding scale of total family income. In addition to qualifying based on income, a HOME applicant is required to attend post Homeownership Nurturing Classes which range in a variety of topics from family finances to mortgage and foreclosure. A prospective applicant must also have a reasonably good credit history and meet other underwriting criteria. The HOPE program rules prescribe that successful HOPE applicants shall not be charged more than 30 percent and not less than 20 percent of their total annual income for housing, including both the mortgage payment and any portion of rehabilitation loan they will have to pay back. Often times the low to moderate income families participating under this program do not have the cash available to set up escrow accounts. Therefore, $33,000 for homebuyer closing costs has been budgeted in the grant application. The City's proposal is in cooperation with Lubbock Habitat for Humanity, Inc. and the Community Housing Resource Board. In order to satisfy the requirement of a non-profit participant, Habitat for Humanity will administer advertising and conduct outreach classes. The amount of this subcontract will be $10,000. The Community Housing Resource Board will administer the post homeownership counseling and training classes. The City of Lubbock receives administrative funds with this program in the amount of $100,000, or 10 percent of the total budget. The Housing Rehabilitation Staff recommended approval and execution of the FY95 HOPE 3 Implementation Grant Application and all related documents containing local total match funds of $260,732. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4810 as recommended by staff. Motion carried: 4 Yeas; 0 Nays. Council recessed to executive session at 10:45 a.m. (41.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). (42.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Engineering). 270 City Council Minutes April 13, 1995 Page 271 (43.) 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 Development Advisory Committee Drainage Criteria Advisory Committee Human Relations Commission Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission Permit and License Appeal Board South Plains Association of Governments Board of Directors (44.) Confirm appointment of T.J. Patterson to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to appoint T. J. Patterson to the Community Services Commission. Motion carried: 4 Yeas; 0 Nays. (45.) Confirm appointment of David Cummins and Richard Calvillo to the Drainage Criteria Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to appoint David Cummins and Richard Calvillo to the Drainage Criteria Advisory Committee. Motion carried: 4 Yeas; 0 Nays. (46.) Confirm appointment of Paul Nash, San Juana Zapata, Bettye Willis and Alex Scarborough and reappointment of Jack Whitaker and Richard Tice to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to appoint Paul Nash, San Juana Zapata, Bettye Willis and Alex Scarborough and to reappoint Jack Whitaker and Richard Tice to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 4 Yeas; 0 Nays. 271 City Council Minutes April 13, 1995 Page 272 There being no further business to come Councilmember Ince, seconded by Cour p.m. Motion carried: 4 Yeas; 0 Nays. ATTEST: Betty M.-Jo "n, City Secretary Read and approved this the 27th day of ATTEST: -� Betty A Johnson, City Secretary otion was made by ber Sitton t adjou g at 11:18 AVID R. LAN TON, M OR 272