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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 10, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the loth day of August 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 10:49 A.M. ( 1.) The Invocation was given by Associate Pastor John Wilson, St. John's United Methodist Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. ( 4.) Irma Guerrero appeared to discuss Projected site for the Buddy Holly memorabilia. Irma Guerrero, representing United People for the Betterment of the Llano Estacado, appeared to recommend that the Landwer House at Buddy Holly Park be utilized to house the Buddy Holly memorabilia. Mr. Stacy Gonzales, a recent graduate of Texas Tech University College of Architecture, presented architectural plans for renovation of the Landwer House. Esther Salazar discussed funding the ongoing operating expenses for Buddy Holly Park, including profits from a Buddy Holly Festival. Ms. Salazar indicated that the goal would be for visitors to know that Lubbock is a diverse area. She said she is concerned that the currently proposed sites are not conducive to family entertainment and that she hopes that the City Council will make a decision based on long-term benefits for the entire city. Mayor Langston praised the presenters for their innovative approach and indicated that a permanent site is on the City Council's agenda for the future. He said that, although he did not want to create false hope, the type of work that the group has created represents a vision that would attract a variety of audiences in an area that needs to be developed. In response to a question of expenses, Ms. Guerrero responded that their estimates are $50,000 start-up costs and $50,000 annually to run the facility. City Council Minutes August 10, 1995 Page 532 According to staff memo, in July 1994 the City of Lubbock purchased a collection of Buddy Holly memorabilia valued at $175,000. The items purchased are currently being stored at the Texas Tech Museum due to safety, environmental and climate control. On September 7, 1995, the Division of Culture and Leisure Services, in cooperation with the Texas Tech Museum, will unveil a small portion of the City -owned memorabilia. The exhibit will coincide with Buddy's 59th birthday and will be open for nine months. The City staff has completed the process of researching various sites in the Depot District and the Civic Center District that will be the permanent home of the memorabilia, Fine Arts Gallery and Visitor Information Center. The Planning staff has focused on critical mass, easy accessibility, space and affordability in researching the new Lubbock Center for the Arts and discussed downtown site options. The City Council has designated a $500,000 challenge grant toward the completion of this project. In light of the fact that a site selection study was commissioned for a Fine Arts Center by the Municipal Arts Committee and this site was not even considered, City staff does not recommend Landwer House at Buddy Holly Park as the permanent site for the Buddy Holly collection due to the opportunity costs involved. City staff is working toward the development of a master plan for Buddy Holly Park that will incorporate the outdoor recreational and entertainment opportunities that the Goals for the 21 st Century Committee. In addition, the Buddy Holly memorabilia should be a part of a Lubbock Center for the Arts/West Texas Music Museum, which would require approximately 20,000-25,000 square feet. ( 5.) John Zwiacher appeared to discuss recommended economic development structure. John Zwiacher, representing the Lubbock Chamber of Commerce, presented a proposed economic development corporation and marketing organizational chart. Paula Montoya, representing the Hispanic Chamber of Commerce, spoke in favor of the proposed structure and encouraged the City Council to adopt it. Dwight Pierce, representing the Lubbock Black Chamber, spoke in favor of the proposed structure and encouraged adoption by the City Council. He also indicated that the Lubbock Black Chamber's primary concern related to the people that the Council will appoint to the board. According to staff memo, City staff members have met with representatives from the chambers of commerce and other interest groups within the City regarding the overall status of our economic development program. City Manager Bob Cass indicated that staff is generally comfortable with the proposed structure and strongly supports the proposal. It was the consensus of the City Council to instruct the staff to place the item on the August 24, 1995, agenda. 532 City Council Minutes August 10, 1995 Page 533 ( 6.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the July 27, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE 99824--Abandoning and closing a five-foot underground utility easement located in the Whisperwood Addition (5120 2nd Street). ORDINANCE #9824 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5- FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 105, WHISPERWOOD 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 Sitton to pass on second and final reading Ordinance #9824 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) ORDINANCE #9825--Abandoning and closing an underground utility easement located in Lot 32, Brentwood Club Addition (5401 Brentwood Circle). ORDINANCE #9825 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 32, BRENTWOOD CLUB 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 Sitton to pass on second and final reading Ordinance #9825 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE #9826--Abandoning and closing a two -foot underground street light cable easement located in the Ellwood Place Addition (2814 23rd Street). ORDINANCE 99826 AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN ELLWOOD PLACE 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. 533 City Council Minutes August 10, 1995 Page 534 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9826 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9827--Zone Case No 515-C (northeast corner of 50th Street and Memphis Avenue) --Request of Bob Wilson for a zoning change from C-3 to C-4 limited to a service station with trailer and truck rentals and C-3 permitted uses on a tract out of Lot 204, Murryhill Addition. ORDINANCE 49827 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 515-C; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON A TRACT OUT OF LOT 204, MURRYHILL 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 Sitton to pass on second and final reading Ordinance #9827 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) ORDINANCE #9828--Zone Case No. 2758 (5220 75th Street) -- Request of Art Willey (for Creative Child Development Center) for a zoning change from GO to A-2 limited to a day care center on Lot B-2-A, Farrar Estates Addition. ORDINANCE #9828 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2758; A ZONING CHANGE FROM GO TO A-2 ZONING ON LOT B-2-A, FARRAR ESTATES 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 Sitton to pass on second and final reading Ordinance 99828 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 534 City Council Minutes August 10, 1995 Page 535 (12.) ORDINANCE #9829--Zone Case No. 2103-C (southeast corner of 73rd Street and Avenue Y)--Request of Ted Rushing (for Lubbock Commercial Buildings) for a zoning change from C-2 to C-4 Specific Use for an office warehouse on Tract J-2, Sportsman Addition. ORDINANCE #9829 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2103-C; A ZONING CHANGE FROM C-2 TO C-4 SPECIFIC USE ZONING FOR AN OFFICE WAREHOUSE ON TRACT J-2, SPORTSMAN 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 Sitton to pass on second and final reading Ordinance 99829 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) ORDINANCE #9830--Zone Case No. 2296-E (north of 80th Street and west of Universes Avenue) --Request of Dale Kincer for a zoning change from R-2 to GO for an office building on Tract C. Gatewood Addition. ORDINANCE #9830 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2296-E; A ZONING CHANGE FROM R-2 TO GO ZONING ON TRACT C, GATEWOOD 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 Sitton to pass on second and final reading Ordinance #9830 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Ordinance #9831 abandoning and closing a portion of a storm drainage easement located in Tract G. Live Oak Addition (3309 South Loop 289). ORDINANCE #9831 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM DRAINAGE EASEMENT LOCATED IN TRACT G, LIVE OAK 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. 535 City Council Minutes August 10, 1995 Page 536 According to staff memo, this ordinance abandons and closes an 1,187.6 square foot portion of a storm drainage easement located at the southeast corner of Loop 289 and Indiana Avenue. Pollard Ford is requesting that this easement be closed so they can extend their body shop southward into this easement area. The Engineering Department has reviewed this request and approved this closure. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9831 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider the Price and condition of sale of Parcel Number 77010-4-2 at 715 3rd Street in the Guadalupe Area According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Kenneth W. Wright, Contractor, for $2,750 for a parking lot. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on July 18, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider the price and condition of sale of Parcel Number 93440-11-11 (N. 1/2) at 2404 Cedar (N 1/2) in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Katie Parks for $200. The property is to be used for adding onto adjacent property. The land is properly zoned. The proposed sale was approved by the Urban Renewal Board of Commissioners on June 20, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider the price and condition of sale of Parcel Number 93440-11-11 (S. 1/2) at 2404 Cedar (S 1/2) in the Chatman Hill Area. According to staff memo, this is a routine sale of property by the Urban Renewal Agency to Wallace R. Hamilton and wife Bennie R. Hamilton for $200. The property is to be used for adding onto adjacent property. The land is properly zoned. 536 City Council Minutes August 10, 1995 Page 537 The proposed sale was approved by the Urban Renewal Board of Commissioners on June 20, 1995. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the sale as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4915 authorizing the Mayor to execute a grant agreement with the Department of Transportation Federal Aviation Administration for the acquisition of an airport firefighting and rescue vehicle and related equipment. RESOLUTION #4915 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 Grant Agreement and related documents with the United States of America, acting through the Federal Aviation Administration, for Project #3-48-0138-16-95, 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. Passed by the City Council this loth day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the grant agreement is filed with Resolution No. 4915. According to staff memo, Federal airport operating standards require the airport to have aircraft firefighting (ARFF) vehicles and rescue equipment present during all air carrier operations. The airport has three primary response ARFF vehicles. Two of the vehicles are more than twenty years old and are scheduled for replacement as federal funds become available due to age, condition, and high maintenance. The replacement of these vehicles has been recommended by the FAA and they are approved in the Airport Capital Maintenance Budget, Project 254-9084. 537 City Council Minutes August 10, 1995 Page 538 The total cost of the ARFF Vehicle and Equipment is $337,969. The grant is in the amount of $255,039 for the federal share of participating items. The Airport's share is $82,930 and is funded by Passenger Facility Charges approved for collection and use on this project. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4915 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) BID #13314--Paper-Six Month Pricing (Print Shop Dixon Paper Company-44 M 110# Index White 8.5 x 11; 5 M 110# Index Assorted Colors 8.5 x 11; 400 M 20# Assorted Colors 8.5 x 11; 6 M 20# Assorted Colors 8.5 x 14; 600 M 20# White 3-Hole Punch 8.5 x 11; 60 M 60# White Offset 8.5 x 11; 60 M 60# White Offset 11 x 17; 10 M 60# Offset Assorted Colors 8.5 x 11; 10 M 60 Offset Assorted Colors 11 x 17; 10 M 70# Offset Assorted Colors 8.5 x 11; 10 M 70# Offset Assorted Colors 11 x 17; 110 M 19# Carbonless Paper 2-Part Reverse Sequence 8.5 x 11; 110 M 19# Carbonless Paper 3-Part Reverse Sequence 8.5 x 11; 60 M 19# Carbonless Paper 4-Part Reverse Sequence 8.5 x 11; 30 M 19# Carbonless Paper 2-Part Reverse Sequence 11 x 17; 30 M 19# Carbonless Paper 3-Part Reverse Sequence 11 x 17; 20 M 19# Carbonless Paper 4-Part Reverse Sequence 11 x 17; 10 M 19# Carbonless Paper 3-Part Straight Sequence 8.5 x 11; 5 M 19# Carbonless Paper 4-Part Straight Sequence 8.5 x 11; 20 M 20# White Continuous Paper Clean Micro Perf 9.5 x 11; 20 M 18# White Computer Paper 14 7/8 x 11; 20 M 18# White 1/2" Greenbar Computer Paper 14 7/8 x 8.5; 20 M 2-Part Carbonless Computer Paper White/Canary 9.5 x 11; 5 M Clasp Envelopes 28# Kraft 4 3/4 x 5/8; 3 M 25% Cotton White Wove 23$ 8.5 x 14; 100 RI Fax Paper 8.5 x 328'; 30 R1 Fax Paper 8.5 x 98'. Graphic Equipment and Supply--110 M 19# Carbonless Paper - Recycled Sheet 2-Part Reverse Sequence 8.5 x 11; 110 M 19# Carbonless Paper - Recycled Sheet 3-Part Reverse Sequence 8.5 x 11; 60 M 19# Carbonless Paper - Recycled Sheet 4-Part Reverse Sequence 8.5 x 11; 30 M 19# Carbonless Paper - Recycled Sheet 2-Part Reverse Sequence 11 x 17; 30 M 19# Carbonless Paper - Recycled Sheet 3-Part Reverse Sequence 11 x 17; 20 M 19# Carbonless Paper - Recycled Sheet 4-Part Reverse Sequence 11 x 17; 10 M 19# Carbonless Paper - Recycled Sheet 3-Part Straight Sequence 8.5 x 11; 5 M 19# Carbonless Paper Recycled Sheet 4- Part Straight Sequence 8.5 x 11; 2 M String and Button Mail Envelopes 28# 10 x 13. Hester's Office Center-4 M Clasp Envelopes 28# Kraft 10 x 15; 3 M Clasp Envelopes 28# Kraft 12 x 15.5; 10 M Clasp Envelopes 28# Kraft 9 x 12; 4 M Clasp Envelopes 28# Kraft 6 x 9; 10 M Clasp Envelopes 28# Kraft 7 x 10; 15 M #10 Regular White Wove 24# Envelope. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 538 City Council Minutes August 10, 1995 Page 539 (20.) BID #13315--Furnish and Install Medium Voltage Controllers at Sudan Pump Station, and authorize same (Water Utilities). RESOLUTION #4916 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 Row Wall Electric, of Lubbock to furnish and install all services and materials as bid for the Furnish and Install Medium Voltage Controllers at Sudan Pump Station, 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 loth day of August 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 THIS AGREEMENT, made and entered into this loth day of August 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 Row Wall Electric 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. 13315--Furnish and Install Medium Voltage Controllers at Sudan Pump Station in the amount of $118,650.00 539 City Council Minutes August 10, 1995 Page 540 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Mike Murphy ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Row Wall Electric CONTRACTOR By: /s/ Lynn B. Rowan TITLE: President Row Wall Electric P.O. Box 1914 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4916 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID 413319--Milwaukee Avenue Strip Paving from 34th Street South to the Railroad, and authorize same (Street/Drainage Engineering). RESOLUTION #4917 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 West Texas Paving, Inc., of Lubbock to furnish and install all services and materials as bid for the Milwaukee Avenue Strip Paving from 34th Street South to the Railroad, 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. 540 City Council Minutes August 10, 1995 Page 541 Passed by the City Council this loth day of August 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 S THIS AGREEMENT, made and entered into this loth day of August 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 West Texas Paving, 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. 13319--Milwaukee Avenue Strip Paving from 34th Street South to the Railroad in the amount of $64,455.00 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. 541 City Council Minutes August 10, 1995 Page 542 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Larry D. Hertel ATTEST: /s/ Murleen Jarnagin Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor APPROVED AS TO FORM: /s/ Don Vandiver West Texas Paving, Inc. CONTRACTOR By: /s/ Darrell Jarnagin TITLE: President West Texas Paving, Inc. P.O. Box 64187 Lubbock, Texas 79464 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4917 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #13324--Walnut Avenue Paving - Fourth Street to Parkway Drive, and authorize same (Street/Drainage Engineerin L RESOLUTION #4918 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 Lone Star Dirt and Paving, of Lubbock to furnish and install all services and materials as bid for the Walnut Avenue Paving - Fourth Street to Parkway Drive, 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. 542 City Council Minutes August 10, 1995 Page 543 Passed by the City Council this loth day of August 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 b THIS AGREEMENT, made and entered into this loth day of August 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 Lone Star Dirt & Paving 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. 13324--Walnut Avenue Paving - Fourth Street to Parkway Drive in the amount of $18,375.00 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. 543 City Council Minutes August 10, 1995 Page 544 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Lone Star Dirt & Paving CONTRACTOR By: Wesley Sanders TITLE: Partner Lone Star Dirt & Paving 7602 Avenue V Lubbock, Texas 79423 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4918 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID #13325--Grinnell Street Paving & Berl Huffman Parkin Lot Paving, and authorize same (Street/Drainage Engineering). RESOLUTION #4919 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 Hunter Construction Company, of Lubbock to furnish and install all services and materials as bid for the Grinnel Street Paving and Berl Huffman Parking Lot Paving, 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. 544 City Council Minutes August 10, 1995 Page 545 Passed by the City Council this loth day of August 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 8 THIS AGREEMENT, made and entered into this loth day of August 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 Hunter 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. 13325--Grinnell Street Paving & Berl Huffman Parking Lot Paving in the amount of $121, 626.74 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. 545 City Council Minutes August 10, 1995 Page 546 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel ATTEST: /s/ Joanne Thomasson Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Hunter Construction Company CONTRACTOR By: /s/ Jim D. Hunter TITLE: President Hunter Construction Company P.O. Box 2587 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4919 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) BID 413328--North University Avenue and Baylor Street Curb and Gutter. Sidewalk, Driveway Storm Sewer and Inlet Box Project, and authorize same (Street/Drainage Engineering) RESOLUTION 44920 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 Jarnagin Construction, Inc., of Lubbock to furnish and install all services and materials as bid for the North University and Baylor Street Curb and Gutter, Sidewalk, Driveway Storm Sewer and Inlet Box Project 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. 546 City Council Minutes August 10, 1995 Page 547 Passed by the City Council this loth day of August 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 6 THIS AGREEMENT, made and entered into this loth day of August 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 Jarnagin 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. 13328--North University Avenue and Baylor Street Curb and Gutter, Sidewalk, Driveway, Storm Sewer and Inlet Box Project in the amount of $18,306.00 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. 547 City Council Minutes August 10, 1995 Page 548 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Larry D. Hertel ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Jarnagin Construction Company CONTRACTOR By: /s/ Larry Jarnagin TITLE: Owner Jarnagin Construction Company P.O. Box 98128 Lubbock, Texas 79499 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4920 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) BID #13259--Crash Fire Rescue Vehicle (Aviation). Emergency One, Inc. --Crash Fire Rescue Vehicle; Heavy Duty Independent Suspension. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) BID #13260--Crash Fire Rescue Vehicle Equipment (Aviation). Daco Fire Equipment Company --Crash Fire Rescue Equipment. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. In Mayor Langston's brief absence from the Council Chambers, Mayor Pro Tem Neugebauer presided over the meeting. (27.) Continue a public hearing to determine public convenience and necessity for a limousine permit on behalf of Simplex Errand Service, and take appropriate action. Mayor Pro Tern Neugebauer opened the public hearing at 11:40 a.m. Bill Asmussen and Jerri Simmons Asmussen appeared on behalf of Simplex Errand Service to present this request for a limousine permit. Mikel Ward and Cecil Puryear spoke in favor of issuance of the limousine permit. ED City Council Minutes August 10, 1995 Page 549 No one appeared in opposition. Mayor Pro Tern Neugebauer closed the hearing at 11:51 a.m. Betty Johnson, City Secretary, presented staff comments. Jerri Simmons has submitted an application and all necessary documents to obtain a permit to operate a limousine service within the City of Lubbock. The application request is for one vehicle. Section 27-103 of the Code of Ordinances requires the City Council to hold a public hearing to consider whether the public convenience and necessity would be served by the issuance of the permit. In determining public convenience and necessity, the City Council shall consider the following: The financial responsibility of the applicant. The number, kind, age, and type of equipment and the color scheme to be used by the applicant. The probable effect of increased service on local traffic conditions. Whether the safe use of the streets of the city by the public, both vehicular and pedestrian, will be endangered unduly by the granting of the proposed additional service. The character, experience, and responsibility of the applicant. Whether the applicant is fit, able, and willing to perform the service on a regular and continuous basis. Simplex Errand Service submitted the required financial information. The Internal Auditor has formed the opinion that the applicant will be utilizing her personal automobile to conduct this business, and that the applicant intends this business to be her primary source of income as no employer was listed in the application. A copy of Simplex Errand Service's performance bond was submitted in the amount of $2,000. This amount meets the minimum amount required by the Vehicles for Hire Ordinance for operating one limousine. Ms. Simmons has obtained a letter of intent from Sanford Insurance Agency indicating that Ms. Simmons will be able to obtain insurance in the amount of $100,000 combined single limit if the limousine permit application is approved. A certificate of insurance would have to be filed in the City Secretary's office prior to issuance of the permit. The application indicates that she will use a 1991 Oldsmobile Toronado Trofeo. The Vehicles for Hire Ordinance defines a limousine as any unmetered late model luxury vehicle with a seating capacity for a minimum of four (4) passengers. It further defines a late model luxury vehicle as a full size model of a commonly recognized manufacturer of luxury automobiles, including, but not limited to, such manufacturers as Cadillac, Lincoln, Mercedes and Rolls Royce. M� City Council Minutes August 10, 1995 Page 550 One additional vehicle on the city streets will have no effect on local traffic conditions and will not unduly endanger the public. Ms. Simmons' personal reference checks were favorable. Staff were able to verify employment with Blue Cross/Blue Shield of Texas, for whom she worked 11 years, and Lubbock County Youth Center (2 years). Ms. Simmons' application indicated that she has never been arrested or detained by the police, has never been indicted for a criminal offense, and has never been involved as a party in a civil suit. There is no reason to believe that the applicant is not fit, able, or willing to perform the service. Ms. Simmons' proposed rate schedule is $25.00 per hour, with an airport charge for all five zones of $20.00 per hour. Ms. Simmons has submitted the necessary information for consideration of her application. The Internal Auditor has concluded that, except for the substitution of an insurance agent's statement of intent for an actual certificate of insurance, nothing came to his attention that would indicate that Simplex Errand Service should not be granted a permit. The City Council is charged with the responsibility to determine public convenience and necessity in approving this application for a limousine permit and must consider the various items outlined. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to approve the permit. Motion carried: 7 Yeas; 0 Nays. Mayor Langston returned to the Council Chambers and presided over the remainder of the meeting. (28.) Continue a public hearing to determine Public convenience and necessity for a limousine Permit on behalf of American Embassy Limousine Service, and take appropriate action. Mayor Langston opened the public hearing at 11:55 a.m. Jody Wade, Presidential Limousine, appeared on behalf of American Embassy Limousine Service to present this request for a limousine permit. No one appeared in opposition. Mayor Langston closed the hearing at 11:58 a.m. Betty Johnson, City Secretary, presented staff comments. Mike Manard, Jr., has submitted an application and all necessary documents to obtain a permit to operate a limousine service within the City of Lubbock. The application request is for one vehicle. However, he has indicated that he will add four more vehicles if the permit application is approved. 550 City Council Minutes August 10, 1995 Page 551 Section 27-103 of the Code of Ordinances requires the City Council to hold a public hearing to consider whether the public convenience and necessity would be served by the issuance of the permit. Notice of the public hearing was published as required. In determining public convenience and necessity, the City Council shall consider the following: The financial responsibility of the applicant. The number, kind, age, and type of equipment and the color scheme to be used by the applicant. The probable effect of increased service on local traffic conditions. Whether the safe use of the streets of the city by the public, both vehicular and pedestrian, will be endangered unduly by the granting of the proposed additional service. The character, experience, and responsibility of the applicant. Whether the applicant is fit, able, and willing to perform the service on a regular and continuous basis. American Embassy Limousine Service submitted the required financial information per the application form. American Embassy Limousine Service's performance bond was submitted in the amount of $2,000. This amount meets the minimum amount required by the Vehicles for Hire Ordinance for operating one limousine. Mr. Manard has obtained a letter of intent from Gene Cribbs Insurance Agency indicating that Mr. Manard will be able to obtain insurance in the amount of $100,000 combined single limit if the limousine permit application is approved. A certificate of insurance would have to be filed in the City Secretary's office prior to issuance of the permit. The applicant indicates that he will use a 1995 Cadillac Limousine. The Vehicle for Hire Ordinance defines a limousine as any unmetered late model luxury vehicle with a seating capacity for a minimum of four (4) passengers. It further defines a "late model luxury vehicle" as a full size model of a commonly recognized manufacturer of luxury automobiles, including, but not limited to, such manufacturers as Cadillac, Lincoln, Mercedes and Rolls Royce. Up to five additional vehicles on the city streets will have no effect on local traffic conditions and will not unduly endanger the public. Mr. Manard's personal reference checks were extremely favorable. His application indicates that he is currently employed as a bookkeeper with Womack-Manard Funeral Home in Crowell, Texas. His application further indicates that he has never been arrested or detained by the police, has never been indicted for a criminal offense, and has never been involved as a party in a civil suit. 551 City Council Minutes August 10, 1995 Page 552 There is no reason to believe that the applicant is not fit, able, or willing to perform the service. Mr. Manard's proposed rate schedule is as follows: Monday - Thursday, $65.00 per hour (2 hour minimum) Friday - Sunday, $85.00 per hour (2 hour minimum) During certain seasonal events such as proms, Christmas, rates will increase by $10.00 per hour. A 15% gratuity fee will be assessed to the total bill for chauffeur's tips. Mr. Manard has submitted the necessary information for consideration of his application. The Internal Auditor has concluded that, except for the substitution of an insurance agent's statement of intent for an actual certificate of insurance, nothing came to his attention that would indicate that American Embassy Limousine Service should not be granted a permit. The City Council is charged with the responsibility to determine public convenience and necessity in approving this application for a limousine permit and must consider the various items outlined. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to approve the permit. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer was absent from Council Chambers. (29.) Consider Resolution #4921 authorizing the Mayor to execute an affiliation agreement between the City of Lubbock and the Texas Tech University Health Sciences Center, School of Allied Health Division of Emergency Medical Programs (TTUHSCI. for training of Allied Health students enrolled in Emergency Medical Services Training Programs. RESOLUTION #4921 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 Affiliation Agreement and all related documents by and between the City of Lubbock Health Department and Texas Tech University Health Sciences Center, School of Allied Health, Division of Emergency Medical Programs which 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. 552 City Council Minutes August 10, 1995 Page 553 Passed by the City Council this loth day of August 1995. /s/ David R. Langston ton 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 Health Department APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Affiliation Agreement by and between the City of Lubbock Health Department and Texas Tech University Health Sciences Center is filed with Resolution No. 4921. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. Since 1994 the City of Lubbock has had an affiliation agreement with Texas Tech University Health Sciences Center, School of Allied Health, Division of Emergency Medical Programs. The benefit for the City is more persons trained in giving immunizations, decreasing the incidence of vaccine preventable diseases. There is no income generated from this affiliation agreement. The Lubbock City Health Department will allow the use of its facilities for the training of Allied Health students enrolled in Emergency Medical Services Training Programs. It is the responsibility of the Lubbock City Health Department to provide defined clinical staff supervision, in conjunction with faculty from TTUHSC, for students in allied health education programs; provide access for faculty and students to patients at the City Health Department as part of their clinical training; and encourage City staff to participate in the educational activities of the TTUHSC. It is the responsibility of TTUHSC to maintain the authority and responsibility of its students assigned to the allied health program, which may be conducted within the City of Lubbock Health Department. TTUHSC will adhere, by its faculty and students, to the administrative policies and procedures when in attendance at the City of Lubbock Health Department. 553 City Council Minutes August 10, 1995 Page 554 The term of the affiliation agreement will be for four years from June 1, 1995, to May 31, 1999. Both parties have the right to terminate the agreement on twelve months' written notice to either party. At the expiration of the term of this agreement, this agreement will continue in full force and effect on a month -to - month basis unless thirty days' written notice of termination is given by either party to the agreement. Staff recommended the approval of the Affiliation Agreement. Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4921 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from Council Chambers. (30.) Consider a resolution authorizing the Mayor to execute a cooperation agreement between the Lubbock Housing Authority and the City of Lubbock involving 1,500 units of low rent housing. Oscar Sharpe, Executive Director of Lubbock Housing Authority, presented comments. Under Resolution #4238 dated August 26, 1993, the City Council of the City of Lubbock entered into a cooperation agreement with the Housing Authority covering 700 units of low rent housing. A request was made by the Housing Authority to increase the number of units covered from 700 to 1,500 units of low rent housing. The Housing Authority anticipates procuring additional units for homeless citizens and/or at -risk families under the Housing Authority's Unification and Family Self -Sufficiency Programs. The cooperation agreement is required by HUD between the City and the Public Housing Authority (PHA) under 24 CFR 941.201(c) and must include exemption from real and personal property taxes, acceptance of LHA payments in lieu of taxes, and the provision at no cost or at no greater cost by the local governing body of the same public services and facilities normally furnished to others in the community. The payment in lieu of taxes for each project is either 10 percent of the aggregate shelter rent charged by the LHA for that project during the fiscal year or the amount permitted to be paid by state law on that date, whichever is less. Payments are due 30 days after the end of the fiscal year. The City also agrees to cooperate with reasonable requests (if permitted by law and at no cost to the City) in connection with the development of these new projects regarding zoning, building codes, vacation of streets or alleys, etc. The agreement is essentially the same as that signed in 1993 except for the addition of a due date for the payment in lieu of taxes and a clause indemnifying the City for any negligence on the part of LHA in its day to day operation of the projects. With the inclusion of a 30-day due date, relevant to the payment in lieu of taxes and the clause indemnifying the City for negligence on the part of LHA in its day to day operation of the projects, the staff recommended approval of this agreement. 554 City Council Minutes August 10, 1995 Page 555 Following discussion regarding the need to take a close look at housing initiatives, motion was made by Councilmember Ince, seconded by Councilmember Cooke to table this item until the August 24, 1995, regular meeting of the City Council. Motion carried: 7 Yeas; 0 Nays. (31.) Consider Resolution #4922 authorizing the Mayor to execute an agreement with Grimes and Associates for engineering services to develop Environmental Management Plan. RESOLUTION #4922 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 Preparation of Asbestos Operations and Maintenance Plan for the Mahon Library by and between the City of Lubbock and Grimes and Associates, Consulting Engineers, 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 loth day of August 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bet1y M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s Jean E. Shotts. Jr. Jean E. Shotts, Jr., Trial Attorney A copy of the Agreement for Preparation of Asbestos Operations and Maintenance Plan by and between the City of Lubbock and Grimes and Associates is filed with Resolution No. 4922. Anna Mosqueda, Managing Director of Management Services, presented staff comments. This agreement authorizes Grimes and Associates to develop a Management Plan to perform a complete ACM (asbestos containing material) survey of Mahon Library and to address management of ACM in the building. In addition, the plan will address procedures for periodic cleaning and will instruct custodial and maintenance workers on the appropriate procedures and practices for maintenance activities. Staff recommended approval of this agreement. 555 City Council Minutes August 10, 1995 Page 556 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4922 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (32.) Hold an executive session, in accordance with V T C A Government Code, Section 551 074(a)(1). to discuss personnel matters (Ci , Manager. (33.) Hold an executive_ session, in accordance with V T C A Government Code, Section 551 071(1)(A), to discuss pending or contemplated litigation (Water Utilities). (34.) 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 (Culture & Leisure Services). (35.) Hold an executive session, in accordance with V T C A Government Code, Section 551.074(a)(1). to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Appointments Advisory Board Building Board of Appeals Community Development Advisory Committee Community Services Commission Human Relations Commission Keep Lubbock Beautiful Advisory Committee Lubbock Citizens Traffic Commission Lubbock Public Transit Advisory Board Neighborhood Certification Committee Public Responsibility Committee (MHMR Center) Urban Design and Historic Preservation Commission 556 City Council Minutes August 10, 1995 Page 557 There being no further business to come before Council, motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to adjourn the meeting at 1:25 p.m. Motion carried: 4 Yeas; 0 Na - gston, Councilmember Patterson, and Councilmember Ince were bsent from Co cil Chambers. VID R. LANGSTON, ATTEST: &' kk C'�L Betty K4. Johnson, City Secretary Read and approved this the 24th day of ATTEST: 5101 Betty M. ohnso ,City Secretary W 557