HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
May 11,1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the IIth
day of May 1995 in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer,
Councilmember Victor Hernandez, Councilmember T. J. Patterson,
Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex
Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary
Betty M. Johnson.
Mayor Langston called the meeting to order at 10:17 A.M.
( 1.) The Invocation was given by City Secretary Betty M. Johnson.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3,) Presentation to Dr. Ron North for his past service as Chairman
of the Airport Board.
Dr. Ronald J. North was not able to be present due to an
emergency.
( 4,) Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve the minutes of the April 27,
1995, Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
( 5,) ORDINANCE #9700--Abandoning and closing a portion of
Orlando Avenue and 78th Street (4102 78th Street).
ORDINANCE #9700
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
ORLANDO AVENUE AND 78TH STREET IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9700 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
City Council Minutes
May 11, 1995
Page 318
( 6.) ORDINANCE #9795--Abandoning and closing a Portion of a
15-foot alley located in Block 50, Roberts and McWhorter
Addition (116 N. Universitx).
ORDINANCE #9795
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-
FOOT ALLEY LOCATED IN BLOCK 50, ROBERTS AND McWHORTER
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 Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9795 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 7.) ORDINANCE #9796--Zone Case No 2752 (4902 and 4904 66th
Street) --Request of Steve Duncan for a zoning change from R-1
to R-2 (for duplexes) on Lots 17 and 18, Block 5, Avalon
Addition.
ORDINANCE 49796
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2752; A ZONING CHANGE FROM R-1 TO R-2
ZONING ON LOTS 17 & 18, BLOCK 5, AVALON ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9796 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 8•) ORDINANCE #9797--Zone Case No 1756-C (north of 4th
Street and east of Indiana Avenue) --Request of Lloyd Croslin
(for Ellis Development Company) for a zoning change from C
2A to A-2 (for apartments) on all of Tracts AB, CD E and G;
the south 162 feet of Tract F• and the north 395 feet of Tract
H Westhaven Addition
ORDINANCE #9797
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1756-C; A ZONING CHANGE FROM C-2A TO A-2
ZONING ON ALL OF TRACTS AB, CD, E AND G, THE SOUTH 162 FEET OF
TRACT F, AND THE NORTH 395 FEET OF TRACT H, WESTHAVEN ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
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City Council Minutes
May 11, 1995
Page 319
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance 49797 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(9.) ORDINANCE #9798--Zone Case No. 2753 (southeast corner of
4th Street and Frankford Avenue) --Request of Hugo Reed and
Associates (for Fluke Trusts Partnership) for a zoning change
from R-1 Specific Use to C-3 (for a restaurant and strip center)
on a portion of Tract A, Treasure Island Addition.
ORDINANCE #9798
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2753; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-3 ZONING ON A PORTION OF TRACT A, TREASURE ISLAND
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance 99798 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(10.) ORDINANCE #9799--Zone Case No. 1875-Q (6800 19th
Street) --Request of Burl Masters (for CMH, Inc.) for a zoning
change from R-1 and C-4 to R-1 Specific Use (for a mobile
home park) on Lot 2 Commanders Addition.
ORDINANCE 99799
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1875-Q-2; A ZONING CHANGE FROM R-1 AND C-4
TO R-1 SPECIFIC USE ZONING FOR A MOBILE HOME PARK ON LOT 2,
COMMANDERS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9799 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(11.) ORDINANCE #9801--Amending the allocation of Hotel/Motel
Occupancy Tax effective October 1995.
ORDINANCE #9801
AN ORDINANCE AMENDING SECTION 26-22, SUBSECTION (b)(2) OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH
REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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City Council Minutes
May 11, 1995
Page 320
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9801 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(12.) ORDINANCE #9802--Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to wastewater
systems, including changes to the sewer surcharge program
ORDINANCE #9802
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
TAPPING MAINS; PURPOSE AND POLICY; DEFINITIONS; CONSTRUCTION OF
ON -SITE SEWERAGE SYSTEMS; RATES CHARGED FOR SEWER SERVICE;
PAYMENT FOR SANITARY SEWER LINE BLOCKAGES; PAYMENT FOR
TREATMENT OF WASTE WATER SPILLAGE; GENERAL DISCHARGE
PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS; EXCESSIVE
DISCHARGE; ACCIDENTAL DISCHARGE; HAZARDOUS WASTE DISCHARGES;
UPSET; APPLICATION SIGNATORIES AND CERTIFICATION; WASTEWATER
DISCHARGE PERMIT MODIFICATION; WASTEWATER DISCHARGE PERMIT
APPEALS; PRELIMINARY TREATMENT FACILITIES; SEPTIC TANK
EMPTYING; BASELINE MONITORING REPORTS; REPORTS FROM
UNPERMITTED USERS; NOTICE OF VIOLATION; BYPASS; PENALTIES;
FALSIFYING INFORMATION; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on second and final reading
Ordinance #9802 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(13.) Consider Resolution #4826 authorizing the Mayor to execute a
Quitclaim Deed in favor of Escondido Oil, Inc., a Texas
corporation (4102 78th Street).
RESOLUTION #4826
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 Quitclaim Deed in favor of
Escondido Oil, Inc., a Texas Corporation, 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.
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City Council Minutes
May 11, 1995
Page 321
Passed by the City Council this 1 lth day of May 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Quitclaim Deed in favor of Escondido Oil is filed with Resolution No.
4826.
This resolution quitclaims the area being abandoned and closed in
Ordinance #9700 to Escondido Oil.
The Right -of -Way Department recommended the approval of this
resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4826 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Ordinance #9806 abandoning and closing portions of
a transformer electric line easement located in Sections 15 and
78, Block A, Lubbock County (901 N. Loop 28U.
ORDINANCE #9806
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
TRANSMISSION ELECTRIC LINE EASEMENT LOCATED IN SECTIONS 15 & 78,
BLOCK A, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND RECORDED IN
VOLUME 158, PAGE 592 OF THE DEED RECORDS OF 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.
In 1930, a blanket transmission electric line easement was granted
to the City from J.D. Slaughter. This easement covered
approximately 338 acres in the general area of North Loop 289 and
Interstate-27. This easement allowed the City the right to
construct, maintain, and operate transmission electric lines
anywhere in the easement area. Louis Murfee, the realtor for the
owner of this property (T.O. King), is requesting that this blanket
easement be closed on two tracts of land which are in the process
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City Council Minutes
May 11, 1995
Page 322
of being sold. The first tract of land is located at the northwest
corner of North Loop 289 and North Texas Avenue and contains
18.535 acres. The second tract of land is southeast of the first and
contains 1.135 acres. No problems are seen in this easement
closure and LP&L is in agreement.
The Right -of -Way Department recommended the approval of this
resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance 99806 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Ordinance #9807 abandoning and closing portions of
a construction and overhead electrical utility easement located
in Section 37, Block AK, Lubbock Coun1y(4302 Milwaukee
Avenue).
ORDINANCE #9807
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
CONSTRUCTION AND OVERHEAD ELECTRICAL UTILITY EASEMENT
LOCATED IN SECTION 37, BLOCK AK, 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 10-foot by 44-foot portion of a construction and overhead
electrical utility easement dedicated in 1987 by H. Kyle Seale is
located at the intersection of 43rd Street and Milwaukee Avenue.
It is being closed for utility relocation purposes and a new
easement will be dedicated to the north to replace the one being
closed.
The Right -of -Way Department recommended the approval of the
first reading of this ordinance
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance #9807 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider a resolution authorizing the Mayor to execute a
contract with Texas Instruments for waste disposal service at
the Lubbock plant.
This item was deleted from the agenda.
(17.) BID 913169--Uniform Rental and Laundry Services (various
departmentsl.
Western Uniform --total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 323
(19.) BID #13211--Burner Management System for Lubbock Power
& Light Plant No. 2 Upgrade, and authorize same (Electric
Productionl.
RESOLUTION #4827
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 Johnson Yokogawa Corporation of
Carrollton, Texas to furnish and install all materials as bid for the Burner Management
System for Lubbock Power & Light Plant No. 2 upgrade, 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 1 lth day of May 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ENNIC01
/s/ Betty M. Johnson
Betty M. Joluison, 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 8
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 1 lth day of May 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 Johnson Yokogawa Corporation of the City of Carrollton, County of
Dallas, 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. 13211--Burner Management System for Lubbock Power & Light Plant No. 2
Upgrade in the amount of $365,465.00
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City Council Minutes
May 11, 1995
Page 324
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Johnson Yokogawa Corporation
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Johnson Yokogawa Corporation
1201 Crosby Road
Carrollton, Texas 75006-6521
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4827 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) BID #13224--Street Light Pole Fabrication (Electric
Production).
S & H Metal Works, Inc. --total bid.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) BID #13226--Doppler Traffic Radar Units (Radio Shon).
Decatur Electronics, Inc.--14 ea. Doppler Traffic Radar Units.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 325
(23.) BID #13238--Sale of Scrap Metal(Purchasing).
Jarvis Metals --Bare Copper, Percentage of Houston No. 2 Heavy
Copper & Wire; Insulated Copper, Percentage of Houston No. 2
Heavy Copper & Wire; Brass, Percentage of Houston Red Brass
Solids; Dirty Aluminum, Percentage of Houston Old Aluminum
Sheet and Cast; Tin, Percentage of Houston No. 2 Bundles; Iron,
Percentage of Houston No. 1 Heavy Melt; Aluminum Cans,
Percentage of Houston Old Aluminum Sheet and Cast.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) BID #13239--Carpet Replacement at Lubbock International
Airport, and authorize same (Aviation).
RESOLUTION #4828
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 Paul Graham Company of Lubbock,
Texas to furnish and install all materials as bid for the Carpet Replacement at Lubbock
International Airport, 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 1 lth day of May 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
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City Council Minutes
May 11, 1995
Page 326
CONTRACT
STATE OF TEXAS 8
THIS AGREEMENT, made and entered into this 1 lth day of May 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 Paul Graham 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. 13239--Carpet Replacement at Lubbock International Airport in the amount of
$27,795.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Paul Graham Company
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS
Paul Graham Company
1415 Avenue N
Lubbock, Texas 79401
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4828 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 327
(25.) BID #13240--Carpet and Floor Cleaning at Lubbock
International Airport, and authorize same (Aviation).
RESOLUTION #4829
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 Rainbow International Carpet
Dyeing and Cleaning Company of Lubbock, Texas to furnish and install all materials as
bid for the carpet and floor cleaning at Lubbock International Airport, 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 1 lth day of May 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 1 Ith day of May 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 Rainbow International Carpet Dyeing & Cleaning 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. 13240--Carpet and Floor Cleaning at Lubbock International Airport in the
amount of $21,675.00
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City Council Minutes
May 11, 1995
Page 328
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Bgny M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
COMPLETE ADDRESS
Rainbow International Carpet Dyeing &
Cleaning Company
CONTRACTOR
By:
TITLE:
Rainbow International Carpet Dyeing & Cleaning
Company
P.O. Box 64382
Lubbock, Texas 79464
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4829 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(26.) BID 413242--Annual contract for Ground Maintenance for
Lubbock Power & Light Holly Avenue Plant 1 and Plant 2,
and authorize same (Electric Production).
RESOLUTION #4830
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 Lawn Pro Maintenance &
Landscaping of Lubbock, Texas to furnish and install all materials as bid for the annual
contract for ground maintenance for Lubbock Power & Light Holly Avenue Plant No. 1
and Plant No. 2, 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.
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City Council Minutes
May 11, 1995
Page 329
Passed by the City Council this 1 lth day of May 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 S
THIS AGREEMENT, made and entered into this 11th day of May 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 Lawn Pro Maintenance & Landscaping 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. 13242--Annual contract for Ground Maintenance for Lubbock Power & Light
Holly Avenue Plant 1 and Plant 2 in the amount of $16,875.00
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.
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Page 330
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Lawn Pro Maintenance & Landscaping
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: Lawn Pro Maintenance & Landscaping
10722 Louisville Avenue
Lubbock, Texas 79423
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4830 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) BID #13245 Boiler Control System Lubbock Power & Light
Plant 2 Upgrade, and authorize same (Electric Production).
RESOLUTION #4831
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 The Foxboro Company, of Houston,
Texas to furnish and install all materials as bid for the Boiler Control System Lubbock
Power & Light Plant No. 2 Upgrade, 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.
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Page 331
Passed by the City Council this 1 lth day of May 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 g
COUNTY OF LUBBOCK 5
THIS AGREEMENT, made and entered into this 1 lth day of May 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 Foxboro Company of the City of Houston, County of Harris, and the State
of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13245--Boiler Control System Lubbock Power & Light Plant 2 Upgrade in the
amount of $167,510.00
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.
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Page 332
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
The Foxboro Company
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: The Foxboro Company
10707 Haddington Drive
Houston, Texas 77043-3295
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4831 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(28.) BID #13249 Sale of Scrap Paper Goods -Annual Pricing (Solid
Waste).
Lubbock American Iron & Metal --Corrugated Cardboard,
Percentage of Southwest High for Old Corrugated Cardboard
Containers.
Vista Fibers --Newsprint, Percentage of Southwest High for
Newsprint; Shredded Computer Paper, Percentage of Southwest
High for Computer Paper; White Paper, Percentage of Southwest
High for Old Sorted White Ledger Paper; Mixed Paper, Percentage
of Southwest High for Mixed Paper.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) BID #13193 Air Conditioning for Municipal Coliseum, and
authorize same (Civic Center).
RESOLUTION #4832
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 Bruce Thornton Air Conditioning,
Inc., of Lubbock to furnish and install all materials as bid for the air conditioning for the
Lubbock Municipal Coliseum, 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.
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Page 333
Passed by the City Council this 1 lth day of May 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 8
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into this 1 lth day of May 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 Bruce Thornton Air Conditioning, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13193--Air Conditioning for Municipal Coliseum in the amount of
$1,263,866.00
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.
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May 11, 1995
Page334
IN WITNESS WHEREOF, the parties to these presents have executed this agreement
in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ecretary
Bruce Thornton Air Conditioning, Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Bruce Thornton Air Conditioning, Inc.
128 Slaton Road
Lubbock, Texas 79404
This item was removed from the consent agenda.
In May 1993, the City of Lubbock held a bond election which
included an estimated $1.5 million project to air condition the
Municipal Coliseum. The project was approved and work began
on the development of the required bid documents. The firm of
Fanning & Fanning was assigned the project and determined that
the most economical method of providing the required chilled
water was to utilize the Texas Tech University closed loop system.
This method would eliminate the need of purchasing refrigeration
equipment by the City.
The project was advertised for bid during the month of March
1994, and a pre -bid conference was conducted on March 16, 1994.
Shortly after the pre -bid conference, staff was instructed to stop the
project and not to accept any bids due to the possibility of
expanding the Coliseum or building a new arena.
After the January 1995, city-wide election failed to approve the
construction of a new arena, staff was instructed to review the
plans and advertise the project once again. Due to the need to
remove asbestos surrounding the existing pipes, this project was
divided into two phases. The asbestos removal phase was bid and
presented to City Council in March, 1995. The cost of the asbestos
removal will be $31,744. A pre -bid conference for the actual
installation and purchase of the air conditioning system was held
on March 18, 1995, to once again answer any questions from the
interested vendors. On April 20, 1995, a total of four bids had
been submitted and were opened. The bids ranged from
$1,263,866 to $1,486,000. All four vendors are local contractors;
below are their respective bids:
Anthony Mechanical
$1,385,400
Armstrong Mechanical
$1,477,319
Bruce Thornton Air Conditioning
$1,263,866
Mike Klien General Contractor
$1,486,000
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Page 335
The asbestos removal (Phase I) will be performed during the
month of June 1995. Construction and installation of the HVAC
system (Phase II) will begin in late May to early June. The
estimated completion date of the entire project will be late October
1995. The summer is typically a slow period for events due to the
lack of air conditioning; therefore, staff does not expect a
significant impact in terms of lost business during the construction
phase. Staff will be working closely with Texas Tech University
and the City's Traffic and Street departments during the
construction of the tunnel across 6th Street to the campus.
Staff has reviewed all bids with the assigned engineer and
concluded that the firm of Bruce Thornton Air Conditioning can
satisfactorily complete the project. It is staff's recommendation
that the City of Lubbock award Bid #13193 to Bruce Thornton Air
Conditioning for the low bid amount of $1,263,866 for the
installation of the specified equipment required to air condition the
Municipal Coliseum as outlined in the written specifications and
associated drawings.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4832 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(22•) BID #13233--Solar Powered Motion Sensor Floodlights
(Community Development
This item was removed from consent agenda.
Fred Childress Hardware, Inc.--639 ea. Solar Powered Motion
Sensor Floodlights.
Mark Hindman, Director of Support Service, presented staff
comments. This contract will provide solar powered motion sensor
floodlights for three of the CDBG eligible neighborhoods that
applied for funding under the Neighborhood Enhancement and
Beautification Program. Each of the three neighborhood
associations' proposals were approved January 12, 1995.
Jackson, North Overton and South Overton neighborhood
associations applied for a total of $25,629 for lights to be installed.
Each neighborhood is required to provide a 25 percent match in the
form of cash, volunteer labor, donated supplies and equipment,
and/or professional services which are an integral part of the
project.
On March 22, 1995, the City issued Bid #13233 for the purchase of
639 Solar Powered Motion Sensor Floodlights. The Community
Development specifications included a provision stating "The solar
powered motion sensor light must be available for inspection at the
bid opening. " The intent of this requirement was for members of
the neighborhood associations to be able to inspect the bidder's
floodlight at the bid opening. At the pre -bid meeting held on April
6, 1995, bidders were informed that the neighborhood associations
were familiar with the Heath -Zenith Model #SL-7001 and vendors
bidding this particular light were not required to have a sample
light at the bid opening. The pre -bid meeting was attended by
representatives from Childress Hardware, Armstrong Electrical
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May 11, 1995
Page 336
Supply, Graybar Electric, Payless Cashways, North Overton
Neighborhood, Community Development, and the Purchasing
Department.
The City received bids from the following companies:
Childress Hardware $57.91 Ea/$36,544.41 Total Bid
Armstrong Electrical Supply $65.00 Ea/$41,535.00 Total Bid
Payless Cashways $67.27 Ea/$42,985.53 Total Bid
Fields & Company $86.25 Ea/$55,113.75 Total Bid
Childress Hardware and Armstrong Electrical bid a Heath -Zenith
Model #SL-7001. However, at the bid opening, Childress
Hardware did not have a light and Armstrong Electrical did. For
this reason, Armstrong Electrical has protested the award of this
bid to Childress Hardware. The three neighborhood associations
and the Community Development and Neighborhood Initiatives
staff evaluated the bids and recommended award of the bid to the
lowest bidder, Childress Hardware. This decision was made by
each of the neighborhood associations. Awarding the bid to the
second lowest bidder would prevent the neighborhood associations
from obtaining the number of lights that they need.
The bid specifications contained a provision stating "The City of
Lubbock reserves the right to reject any or all bids, reject any
particular item on a bid, and to waive informalities. " In
determining if the requirement to have a light at the bid opening
should be waived, staff considered 1) whether the waiver would
cause non -execution or non-performance of the contract; and, 2)
whether the waiver would place the low -bidder in a position of
advantage over other bidders. In this situation, it appears that there
is no relationship between the low bidder's failure to bring a
sample light and their ability to meet their contractual obligations
to the City. Furthermore, it appears that the low bidder's failure to
bring a sample light to the bid opening was not critical where, in
fact, both the low bidder and the next low bidder bid a Heath -
Zenith Model #SL-7001 discussed during the pre -bid meeting.
Therefore, it does not seem that allowing the apparent low bidder
to produce their light later places them in a position of advantage
over the other bidders under these circumstances.
It is staff's recommendation that the City should accept the low bid
from Childress Hardware and waive the late production of a
sample light by the low bidder as an immaterial formality. This
action would be in keeping with the public interest in obtaining the
item at the lowest possible price and it would not unduly favor one
bidder over another.
Motion was made by Councilmember Ince, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
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May 11, 1995
Page 337
(29.) ORDINANCE #9800--Zone Case No. 2747 (2301 Auburn) --
Request of Linda DeLeon and Marina L. Garcia (for Jackson
Neighborhood Association) for a zoning change from M-2 to
C-2 on Lot 2, Sundown Addition.
ORDINANCE #9800
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2747; A ZONING CHANGE FROM M-2 TO C-2
ZONING ON LOT 2, SUNDOWN ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson. Motion died for
lack of a second.
Following lengthy discussion concerning the zoning change,
motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to table second and final reading of
Ordinance #9800 until a comprehensive study can be conducted by
Planning Department staff with regard to the overall zoning in the
area, with a report due by September 14, 1995. Motion carried: 7
Yeas; 0 Nays.
(39.) Consider Resolution #4833 providing for the redemption of
certain outstanding bonds of the City; and resolving other
matters incident and related to the redemption of such bonds.
RESOLUTION #4833
A RESOLUTION providing for the redemption of certain outstanding bonds of
the City; and resolving other matters incident and related to the redemption of such
bonds.
WHEREAS, pursuant to an ordinance passed and adopted by the City Council of
the City of Lubbock, Texas, the following described bonds were duly authorized to be
issued and are currently outstanding, to wit:
those bonds described as City of Lubbock, Texas, Airport Revenue
Bonds, Series 1978, and originally scheduled to mature on
September 15, 1996 through 1998, totaling in principal amount of
$270,000
AND WHEREAS, the above identified bonds were authorized, issued, sold and
delivered subject to the right and authority of the City to redeem the same prior to
maturity, as provided in the authorizing resolution and in said bonds; and
WHEREAS, the Board hereby finds and determines that bonds of the series
identified above should be redeemed prior to their maturity on the date and in the manner
hereinafter provided and in accordance with the requirements prescribed therefore and
notice of redemption of such obligations should be approved and authorized to be given
at this time by the Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
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Page 338
SECTION 1: The bonds of that series known as "City of Lubbock, Texas,
Airport Revenue Bonds, Series 1978", maturing in the years 1996 through 1998 and
aggregating in principal amount $270,000, shall be redeemed and the same are hereby
called for redemption on September 15, 1995, at the price of par and accrued interest to
the date of redemption. The City Secretary is hereby authorized and directed to file a
copy of this resolution, together with a suggested form of notice of redemption to be filed
with bondholders, with Norwest Bank Texas, National Association, Lubbock, Texas, in
accordance with the redemption provisions applicable to such bonds; such suggested
form of notice of redemption being attached hereto as Exhibit A and incorporated herein
by reference as a part of this resolution for all purposes.
PASSED AND ADOPTED, this May 11, 1995.
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson
City Secretary
CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
Mark Hindman, Director of Support Services, presented staff
comments. Currently, Airport Revenue Bonds, Series 1978, have
an outstanding principal of $360,000. The original issue was
$1,730,000, maturing in 1998. Of these, a $90,000 principal
payment is due on September 15, 1995. The September 15, 1995
interest and principal payment are budgeted in the 1994-95
operating budget. When the 1994-95 debt service payment is
made, there will be $270,000 in principal outstanding at
approximately 5.25 percent interest.
On September 15, 1995, the City of Lubbock has the option of
exercising the call for the remaining principal of $270,000, thereby
freeing the City of the following annual debt service requirements
as follows:
1995-96 $103,950
1996-97 99,000
1997-98 94,050
297 000
The funds sufficient to redeem the debt are reserved in the Airport
Debt Service Fund.
Reserved funds are available to redeem the debt. Redeeming the
debt will relieve annual debt service payments for fiscal years
ending 1995-96, 1996-97, and 1997-98. In addition, redeeming the
debt lifts bond covenant restrictions. As it is in the best financial
interest of the organization, staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4833 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 339
(33.) Consider Resolution 94834 authorizing the Mayor to execute
an agreement for research services with Nammack Associates,
Inc.
RESOLUTION #4834
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for Market
Research Services by and between the City of Lubbock and Nammack Associates, 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.
Passed by the City Council this 1 lth day of May 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bett_v M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement for Market Research Services by and between the City of
Lubbock and Nammack Associates, Inc., is filed with Resolution No. 4834.
Mark Earle, Aviation Manager, presented staff comments. During
the FY94-95 budget process, the City Council tentatively
authorized the airport to use a market research firm to gather
information that would improve the City's ability to attract new air
passenger and cargo service and to identify untapped tourism
opportunities. Through a competitive process, the City selected
Nammack Associates, Inc., a well -established market research firm
from Annadale, Virginia.
Following the selection process, the City worked with Nammack to
define the scope of work for the project. Through this process,
four areas of research were identified:
A market study of the region served by Lubbock
International Airport, including a demographic study of
inbound and outbound passengers.
A study of the potential for new air service and the
development of an airline data base to be used in the effort
to attract such service.
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City Council Minutes
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Page 340
A study of the impact of the North American Free Trade
Agreement and the potential for aviation related industrial
development.
An analysis of inbound traveler and tourism trends and
identification of high yield tourism origination markets.
This study will include recommendations for outreach strategies to
ensure that maximum benefits are realized from the information
gathered in the study.
The contract price for the services outlined in the agreement is
$35,500. Twenty thousand dollars was originally budgeted for this
purpose out of the Economic Development Fund. That amount
was a rough estimate made prior to the establishment of a final
scope of work for the project. A budget amendment for the
additional $15,500 will be placed before the City Council as a part
of the revised budget process on May 11.
The Airport Board has reviewed this agreement and has approved
it by a 6 to 1 vote. Staff approved acceptance of the Airport
Board's recommendation to implement the agreement.
Motion was made by Councilmember Sitton, seconded by
Councilmember Cooke to authorize Resolution #4834 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(34.) Consider Resolution 94835 authorizing the Mayor to execute a
ground lease agreement with Hallmark and Associates, Inc
RESOLUTION #4835
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 Non -Aeronautical Lease
Agreement by and between the City of Lubbock and Hallmark & Associates, Inc.,
attached hereto, and 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.
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May 11, 1995
Page 341
Passed by the City Council this 1 lth day of May 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ BettXM. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Non -Aeronautical Lease Agreement by and between the City of Lubbock
and Hallmark & Associates, Inc., is filed with Resolution No. 4835.
Mark Earle, Aviation Manager, presented staff comments. This
ground lease is the last remaining item still pending to complete
the Federal Express transaction for their new facility at the air
cargo complex at Lubbock International. This lease contains all of
our standard provisions without exception and should, therefore, be
considered to be a routine agenda item.
The lease is written to accommodate 115,500 square feet of ground
area and will produce $11,607 annually. The initial term is for 20
years with two additional 10-year options.
The staff recommended that the Council uphold the Airport
Board's recommendation for approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to authorize Resolution #4835 as
recommended by staff contingent upon Legal Department's review
of the financing issues raised by Mayor Pro Tem Neugebauer.
Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 342
(35.) Consider Resolution #4836 authorizing the Mayor to execute
an agreement between the City of Lubbock, Chatman
Memorial Center, Inc., and Norwest Bank Texas, N.A., to
implement the CDBG New Construction Neighborhood
Revitalization Project in the Chatman Hill Neighborhood
RESOLUTION #4836
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 between
Norwest Bank Texas, N.A. and Chatman Memorial Center, Inc. implementing the CDBG
New Construction Neighborhood Revitalization Project in the Chatman Hill
Neighborhood. 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 1 lth day of May 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Juan A. Reyes
Juan A. Reyes,
Housing and Rehabilitation Coordinator
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the Agreement between Norwest Bank Texas, N.A. and Chatman Memorial
Center, Inc., is filed with Resolution No. 4836.
In connection with the designation by the City Council of the
Chatman Hill Neighborhood as a target neighborhood on February
24, 1994, the City Council awarded $400,000 of CDBG funds to
Chatman Memorial Center, Inc., (CMCI) for a new housing
construction project in Chatman Hill on August 11, 1994.
One of the important aspects of the agreement charged the grantee
(CMCI) with working with lending institutions to secure
commitments for leveraging the CDBG funds made available.
The agreement being under consideration represents CMCI's
efforts in securing the third partnership with the private sector.
Norwest Bank Texas, N.A. has stepped forward to leverage the
initial $400,000 awarded CMCI for new construction with a
$2,000,000 commitment for interim and long-term mortgage
lending for the financing of new homes for qualified applicants
under the Chatman Hill Neighborhood Revitalization Project. This
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City Council Minutes
May 11, 1995
Page 343
new agreement sets out in detail the roles that each respective
program participant will carry out. Countless hours have been
spent by Norwest Bank personnel, City of Lubbock Housing
personnel, and CMCI board members to perfect the provisions and
language in this agreement.
The agreement provides that CDBG funds will be used to provide
qualified applicants with down payment and closing cost
assistance. It also provides, that to the extent that qualified low to
moderate income approved applicants do not qualify for a
mortgage amount sufficient to enable them to acquire a newly
constructed home, the Chatman Memorial Center Board can fund
the amount needed to get them to that level from the approved
CDBG funds in the form of a five-year deferred payment loan.
The CMCI board now has an approved list of contractors, land
acquired through the Urban Renewal Agency, an Affirmative Fair
Marketing Plan approved by HUD, and guidelines for the award of
deferred payment loan funds.
Through the Mortgage Buy -Down Assistance being made available
by the CMCI board, low to moderate income people will be able to
afford a 1300-square foot, $52,000 house.
The Housing staff recommended approval of the agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution #4836 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(36.) Consider a resolution authorizing the Mayor to execute a lease
agreement/assignment between the City of Lubbock and Texas
Tech University regarding water wells for irrigation purposes.
This item was deleted from the agenda.
(30.) Ordinance 99803--Authorizing the issuance of "City of
Lubbock, Texas, Tax and Airport Surplus Revenue
Certificates of Obligation, Series 1995"; levying an ad valorem
tax upon all taxable property in the City and providing for a
pledge of Surplus Revenues of the City's Airport for the
payment of said Certificates; prescribing the terms and details
of such Certificates and resolving other matters incident and
related to the issuance, sale, security, payment and delivery of
said Certificates, including the approval of a Paying
Agent/Registrar Agreement and the approval and distribution
of an Official Statement pertaining thereto; and providing an
effective date.
ORDINANCE #9803
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND AIRPORT SURPLUS REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM AX UPON ALL
TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A PLEDGE OF THE
SURPLUS REVENUES OF THE CITY'S AIRPORT FOR THE PAYMENT OF SAID
CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
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City Council Minutes
May 11, 1995
Page 344
CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING
AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass on second and final reading
Ordinance #9803 and that the bid for $900,000 in Tax and Airport
Surplus Revenue Certificates of Obligation, Series 1995, be
awarded to Fidelity Capital Markets at the best bid price of
4.923815 percent effective interest rate. Motion carried: 7 Yeas; 0
Nays.
(31.) Ordinance #9804--Authorizing the issuance of "City of
Lubbock, Texas, Tax and Hotel Occupancy Tax Surplus
Revenue Certificates of Obligation, Series 1995"• levying an ad
valorem tax upon all taxable property in the City and
providing for a pledge of a portion of the revenue received
from the hotel occupancy tax levied by the City for the
payment of said Certificates; prescribing the terms and details
of such Certificates and resolving other matters incident and
related to the issuance, sale, security, payment and delivery of
said Certificates, including the approval of a Paying
Agent/Registrar Agreement and the approval and distribution
of an Official Statement pertaining thereto; and providing an
effective date.
ORDINANCE #9804
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1995"; LEVYING AN AD VALOREM
TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PROVIDING FOR A
PLEDGE OF A PORTION OF THE REVENUES RECEIVED FROM THE HOTEL
OCCUPANCY TAX LEVIED BY THE CITY FOR THE PAYMENT OF SAID
CERTIFICATES; PRESCRIBING THE TERMS AND DETAIL OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID
CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/
REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Sitton to pass on second and final reading
Ordinance #9804 and that the bid for $2,000,000 in Tax and Hotel
Occupancy Surplus Revenue Certificates of Obligation, Series
1995, be awarded to First Southwest Company/Stephens, Inc.,
(joint managers) at the best bid price of 4.776089 percent effective
interest rate. Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page345
(32.) Ordinance #9805--Authorizing the issuance of "City of
Lubbock, Texas, General Obligation Bonds, Series 1995";
specifying the terms and features of said bonds; levying_a
continuing direct annual ad valorem tax for the Payment of
said bonds; and resolving other matters incident and related to
the issuance, sale, payment and delivery of said bonds,
including the approval of a Paying Agent/Registrar Agreement
and the approval and distribution of an Official Statement
pertaining thereto; and providing an effective date.
ORDINANCE 99805
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995";
SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A
CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT
AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on second and final reading
Ordinance #9805, and that the bid for $4,690,000 in General
Obligation Bonds, Series 1995, be awarded to NationsBank Capital
Markets, Inc., at the best bid price of 5.497933 percent effective
interest rate. Motion carried: 7 Yeas; 0 Nays.
(42.) Confirm reappointment of Marina Garcia to the Community
Development Advisory Committee.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to reappoint Marina Garcia to the
Community Development Advisory Committee. Motion carried: 7
Yeas; 0 Nays.
(43.) Confirm appointment of Kelvin Betzen, Judy Womack and Bill
Mateja to the Keen Lubbock Beautiful Advisory Committee.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to appoint Kelvin Betzen, Judy Womack and
Bill Mateja to the Keep Lubbock Beautiful Advisory Committee.
Motion carried: 7 Yeas; 0 Nays.
(44.) Confirm appointment of Jacquelyn Porch and reappointment
of Robert Jones to the Neighborhood Redevelopment
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to appoint Jacquelyn Porch and to reappoint
Robert Jones to the Neighborhood Redevelopment Commission.
Motion carried: 7 Yeas; 0 Nays.
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City Council Minutes
May 11, 1995
Page 346
(45.) Confirm reappointment of Curt Covert and Rick Harris to the
Permit and License Appeal Board
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to reappoint Curt Covert and Rick Harris to
the Permit and License Appeal Board. Motion carried: 7 Yeas; 0
Nays.
(46.) Confirm appointment of Randy Neugebauer to the South
Plains Association of Governments Board of Directors
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to appoint Randy Neugebauer to the South
Plains Association of Governments Board of Directors. Motion
carried: 7 Yeas; 0 Nays.
(40.) BID #13044--Solid Waste Collection Service District 3 and
authorize same (Solid Waste
RESOLUTION #4837
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 Browning - Ferris Industries, Inc., of
Lubbock, to furnish all services as bid for the Solid Waste Collection Service, District 3
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 1 lth day of May 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. Lan ston
DAVID R. LANGSTON, MAYOR
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City Council Minutes
May 11, 1995
Page 347
CONTRACT
STATE OF TEXAS 8
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 1 lth day of May 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 Browning -Ferris Industries, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID NO. 13044--Solid Waste Collection Service, District 3 in the amount of $871,009.20
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Betty M. Johnson /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Browning -Ferris Industries. Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Browning -Ferris Industries, Inc.
405 30th Street
Lubbock, Texas 79404
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City Council Minutes
May 11, 1995
Page 348
City Manager Bob Cass, presented staff comments. Staff has been
investigating the feasibility of privatizing a portion of the
residential waste collection routes. The goals of this process are as
follows:
determine who can provide the most cost effective method
of collecting residential waste; and
determine what changes are needed to ensure that Solid
Waste Management Residential Waste Collection section is
efficient and implement changes as needed to ensure
efficiency.
Under current solid waste operational guidelines, the city is
divided into equally proportioned districts based on the number of
dwellings. However, geographic sizes of the districts vary due to
population density. Solid Waste staff determined that District 3
would be the best district to put out to bid, due to its representation
of overall residential waste collection. District 3 contains 13,905
homes and 4,218 residential containers. The District is bounded by
University Avenue and Quaker Avenue from 19th Street to 114th
Street.
Scope of Services/Contract Requirements
The bid specifications were developed to allow bidders to perform
all services which could be described as separate and identifiable
for District 3. The general requirements and scope of services
which were bid include:
Twice per week collection of contained solid waste
between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Friday, with a minimum of two working days
between each container collection.
Repair and/or replacement of any damage to public or
private property which is caused by their operation.
Collection of uncontained solid waste as necessary to
ensure safe operation or at request of the Solid Waste
Department.
Collection of uncontained waste generated by the annual
neighborhood association cleanups.
Waste collected from District 3 be disposed of at the City
of Lubbock landfill.
The contractor shall pay a Street and Alley Use Fee in the
amount of 3 percent of yearly gross revenues.
Contract Requirements:
3-year term
Adjustable by the CPI at the discretion of the City
90-day termination provision at the discretion of the City
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City Council Minutes
May 11, 1995
Page 349
Affirmative Action plan required
Indemnification of the City against personal or property
damage
Waste collected from District 3 be disposed of at the City
of Lubbock landfill.
The contractor shall pay a Street and Alley Use Fee in the
amount of 3 percent of yearly gross revenues.
The City will still retain the responsibility and expense of
recycling, billings and collection, uncollectible accountants,
container renovation, indirect costs and similar duties.
Advertisement of the RFQ:
After the RFQ was developed and presented to the Competition
Task Force, it was advertised in the Lubbock Avalanche Journal on
August 21 and 28, 1994, and mailed to the following 18
companies:
City of Lubbock Solid
Waste Management
BFI Waste Systems
Fabit Waste Management
Anderson Contractors
B&B Construction
B&M Construction
DCS Sanitation
IBT
Johnson & Johnson
Laidlaw Waste Systems
Nelson Brothers
Refuse Collection Division
Sanifill
Superior Sanitation
Triple C Disposals
Triple C Waste Services
Universal Services
Wes Tex Waste Services, Inc.
A pre -bid conference was held on September 1, 1994. At the pre -
bid conference, several items were presented to City staff for
consideration. As a result of the pre -bid conference, the following
items were addressed in an addendum to the RFQ:
Provision to allow an alternate bid for a Saturday collection
schedule;
Provision to allow for pass through cost for landfill rate
increase; and.
Provision to allow for a three-year contract period versus a
one-year contract period.
The bids which were opened on March 14, 1995, were as follows:
BFI
Monday -Friday Collection
Waste Collection per Household $5.49
Monthly Contract Amount $76,338.45
Annual Contract Amount $916,061.40
Cost comparison to City bid ($111,796.20)
C4
$6.16
$85,654.80
$1,027,857.60
$0.00
Fabit Waste
$8.12
$112,908.60
$1,354,903.20
$327,045.60
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City Council Minutes
May 11, 1995
Page 350
Monday -Saturday Collection
Waste Collection per Household $5.22 $6.16 $7.87
Monthly Contract Amount $72,584.10 $85,654.80 $109,432.35
Annual Contract Amount $871,009.20 $1,027,857.60 $1,313.188.20
Cost comparison to City bid ($156,848.40) $0.00 $285,330.60
(Bids can be adjusted to reflect changes in the CPI, annually at the
city's option, and/or to reflect landfill rate increases.)
In addition to the prices of the above bids, an additional $17,500
must be added to the two private bids for contract monitoring and
compliance enforcement. This figure is based on partial
distribution of one foreman ($9,460), the Solid Waste
superintendent ($2,800), an administrative secretary ($1,300) and
the dispatcher ($3,940). It is anticipated that the City will still
receive most of the complaints regarding service problems.
Low Bid:
The low bid which met the criteria of the RFQ (Monday - Friday
collection) was submitted by BFI. In addition, BFI submitted an
alternate bid of $5.22 per household provided waste could be
collected on Saturday.
Employees:
The RFQ contained a provision which required the bidder to
submit an alternate bid to include right -of -first -refusal employment
to all current City of Lubbock Solid Waste employees whose
positions would be eliminated in the event the City awards the
contract to a contractor. Both BFI and Fabit Waste Management
bid the same amount for using their employees and offering right
of first refusal to affected City employees. Affected employees
must meet the companies written pre -employment standards.
Currently District 3 operations are conducted using 1 foreman and
8 equipment operators (7 regular drivers and 1 swing driver).
Since low bid included right of first refusal, qualified employees
may be employed by low bid company for the first year of the
contract at the same level of pay and benefits as those provided by
the City.
A reduction in force will be necessary if the bid is awarded to the
low bidder. The reduction in force will be performed in
accordance with City of Lubbock Personnel Procedures. The only
impact to the Affirmative Action Plan is with white males in the
skilled craft job family.
Equipment:
Contracting with the low bidder will result in a reduction of the
solid waste fleet. The equipment currently utilized for District 3
operations will be rotated back into the current solid waste fleet.
This will allow for replacement of some outdated and high
maintenance equipment which has resulted from an inadequate
replacement schedule and will also provide back-up equipment for
other vehicles which cannot currently be replaced. The eliminated
equipment will be sold at the City auction. Staff recommended
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City Council Minutes
May 11, 1995
Page 351
that the funds from this sale be placed in the Solid Waste
Permanent Capital Maintenance Fund. These funds could be used
to offset re-entry into District 3 collection should the contractor
default or if bids are not quite as favorable at the end of this 3-year
term.
Use of the Projected Savings
The staff recommended the projected savings of $94,296 be
placed in the Rate Stabilization Reserve and dedicated for the
reduction of future rate increases. In addition, the staff
recommended that staff evaluate the effectiveness of this contract
over the next two years to determine if it is successful. If it is
successful, more districts will be bid. The staff will also use this
process to accomplish the second purpose of the bid process and
determine where efficiency improvements can be made in City
operations.
BFI provided the lowest bid. Utilization of this company to
perform waste collection in District 3 will result in a first year cost
savings of $94,296. The proposed contract has been reviewed by
numerous City staff, including the City Attorney's office. None of
these reviews found any substantive reason to believe that the
contract could not be adequately performed in the best interest of
the citizens. Based on the projected savings, the staff
recommended that the Council accept the 6-day low bid offered by
BFI, with the option to switch to the alternate 5-day bid.
Motion was made by Councilmember Cooke, seconded by Mayor
Pro Tem Neugebauer to authorize Resolution #4837 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(37.) Hold an executive session, n accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
mattes (City Secretary).
(38.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation Lubbock Power & Light,
Street/Drainage Engineering and Water Utilities).
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City Council Minutes
May 11, 1995
Page 352
(41.) 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:
Building Board of Appeals
Committee for Women
Community Development Advisory Committee
Drainage Criteria Advisory Committee
Electric Utility Board
Keep Lubbock Beautiful Advisory Committee
Lubbock Public Transit Advisory Board
Park and Recreation Board
Permit and License Appeal Board
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Co ilmember ;ce to adjourn the meeting at
2:40 p.m. Motion carried: 7 Yeas; 0 Nays.
ATTEST:
6A-
8M. 4Ao�nCity Secretary
Read and approved this the 25th day of
ATTEST:
&t�'- ji 33
etty Johns i, City Secretary
VID R. LANGSTON, MAYOR
352