HomeMy WebLinkAboutMinutes - City Council - Regular - 10/12/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 12, 1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 12th
day of October 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 10:25 A.M.
(1.) The Invocation was given by Ron Wood, Pastor of First
Presbyterian Church.
(2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve the minutes of the
September 28, 1995, Regular City Council Meeting as written.
Motion carried: 7 Yeas; 0 Nays.
(4.) ORDINANCE #9842--Zone Case No. 2759 (west of Richmond
between 71st and 74th Streets) --Request of Hugo Reed and
Associates (for Lokgy Companies) for a zoning change from C-
2 to A-1 on a tract out of Section 10, Block E-2.
ORDINANCE #9842
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2759; A ZONING CHANGE FROM C-2 TO A-1
ZONING ON A TRACT OUT OF SECTION 10, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9842 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
City Council Meeting
October 12, 1995
Page 690
( 5.) ORDINANCE 99843--Zone Case No. 2761 (3535 34th Street
Request of Shing Kan Hon (for 34th Street Shell) for a zoning
change from C-2 to C-4 limited to auto repair and all C-3
permitted uses on Lot 2, Padgett Marshall Addition.
ORDINANCE #9843
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2761; A ZONING CHANGE FROM C-2 TO C-4
ZONING ON LOT 2, PADGETT MARSHALL ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9843 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 6.) ORDINANCE 99844--Zone Case No. 934-E (5627 and 5629
Villa Drive) --Request of Arden Hawkins for a zoning change to
amend conditions of Ordinance 4743 (limited to offices) to
allow processing and offices for reverse osmosis water on Lots
E-23 and E-24, C. N. Hodges Addition.
ORDINANCE #9844
AN ORDINANCE AMENDING ZONING ORDINANCE NO.4743 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING
CHANGE: ZONE CASE NO. 934-E; AMENDING CONDITIONS TO ALLOW
OFFICES AND PROCESSING FOR REVERSE OSMOSIS WATER ON LOTS E-23
AND E-24, C. N. HODGES ADDITION; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9844 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(7.) ORDINANCE #9845--Zone Case No. 2762 (southwest corner of
98th Street and Memphis Avenue) --Request of Ronald Key (for
First Assembly of God) for a zoning change from T/R-1 to A-2
limited to a church and church related uses on a six acre tract
out of Section 17, Block E-2.
ORDINANCE #9845
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.2762; A ZONING CHANGE FROM T/R-1 TO A-2,
ZONING, LIMITED TO A CHURCH, ON A SIX ACRE TRACT OUT OF SECTION
17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
M.
City Council Meeting
October 12, 1995
Page 691
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9845 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 8.) ORDINANCE #9846--Zone Case No. 1986-C (4901 34th
Street) --Request of Harley J. Hughes (for Riley Turner) for a
zoning change from C-3 to C-4 for a used car lot on Lot 1,
Block 2, Hillcrest Resubdivision.
ORDINANCE #9846
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1986-C; A ZONING CHANGE FROM C-3 TO C-4,
ZONING ON LOT 1, BLOCK 2, HILLCREST RESUBDIVISION, 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 Hernandez to pass on second and final reading
Ordinance #9846 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
( 9.) ORDINANCE #9847--Zone Case No. 2282-A (south of 4th
Street and east of Milwaukee Avenue) --Request of Walter
Mantooth for a zoning change from R-1, R-2 and A-1 to R-1
and R-2 on Lots 139-194, Westchester Park Addition and two
tracts out of Section 9, Block J-S.
ORDINANCE 49847
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2282-A; A ZONING CHANGE FROM R-1, R-2 AND
A-1 TO R-1 AND R-2 ZONING ON LOTS 139-194, WESTCHESTER PARK
ADDITION AND TWO TRACTS OUT OF SECTION 9, BLOCK J-S, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance #9847 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
691
City Council Meeting
October 12, 1995
Page 692
(10.) Consider Resolution 94976 authorizing the Mayor to execute
an agreement for computer hardware maintenance
RESOLUTION #4976
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 for Services by
and between the City of Lubbock and International Business Machines Corporation,
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 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas W. Tuning
Tom Tuning, Managing Director of
Information and Communication Services
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
A copy of the contract for services by and between the City of Lubbock and
International Business Machines Corporation is filed with Resolution No. 4976.
According to staff memo, proposals from qualified vendors to
provide computer hardware maintenance for the City's primary
IBM equipment were requested in July 1995. Responses to the
request for proposals were received in August 1995. An
opportunity for vendors to provide a best and final offer was issued
and responses were received on September 8, 1995.
The assessment committee found that the IBM offer would best
meet our needs. The period of performance is one year beginning
October 1, 1995, with the option to extend the contract annually for
a maximum length of three years. The cost to the City for a
one-year term for computer hardware maintenance would be
$39,000.
The City is achieving a reduction in maintenance costs by over
$20,000 per year. Staff recommended approval of this resolution.
692
City Council Meeting
October 12, 1995
Page 693
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4976 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Consider Resolution #4977 authorizing the Mayor to execute a
contract of transfer, subrogation, and cooperation with the
Texas Natural Resource Conservation Commission.
RESOLUTION #4977
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 of Transfer,
Assignment, Subrogation, and Cooperation between the City of Lubbock and the Texas
Natural Resource Conservation Commission for reimbursement from the Petroleum
Storage Tank Remediation Fund, 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 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Management
Coordinator
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
A copy of the contract, transfer, assignment, subrogation and cooperation between the
City of Lubbock and the Texas Natural Resource Conservation Commission is filed
with Resolution No. 4977.
According to staff memo, under House Bill 1588, the State of
Texas may provide for expeditious payment of money in order to
avoid undue disruption of the businesses of affected tank owners
and operators. Therefore, this contract provides for a partial
payment from the Texas Natural Resource Conservation
Commission Petroleum Storage Tank Remediation Fund in the
amount of $81,331.54 for expenses incurred for tank removal and
remediation activities.
Staff recommended approval of this resolution.
693
City Council Meeting
October 12, 1995
Page 694
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4977 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(12.) Consider Resolution 94978 authorizing the Mayor to approve
an application for holiday driving while intoxicated selective
traffic enforcement grant (D.W.I. Step).
RESOLUTION #4978
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,
between the City of Lubbock and the State of Texas, for the Texas Highway Traffic
Safety Program, 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 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the grant agreement by and between the City of Lubbock and the State of
Texas, for the Texas Highway Traffic Safety Program is filed with Resolution No.
4978.
According to staff memo, this is a grant program utilizing off -duty
personnel working overtime to enhance the detection and
apprehension of drunk drivers.
Awards for this grant have been set beginning with the first
approved holiday period, October 28-31, 1995. This is to be a 75
percent/25 percent funded grant in the amount of $8,000 to be
administered during FY95-96.
Staff recommended approval of this grant.
City Council Meeting
October 12, 1995
Page 695
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4978 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution #4979 authorizing the Mayor to execute a
contract with St. Marx Hospital for drug/alcohol screening
services.
RESOLUTION #4979
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 by and
between the City of Lubbock and St. Mary of the Plains Hospital, 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 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ BeM M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews. Director of Human Resources
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the agreement by and between the City of Lubbock and St. Mary of the
Plains Hospital is filed with Resolution No. 4979.
According to staff memo, the City of Lubbock requires pre -
placement drug screens on all positions. Drug screens are also
required for promotions, Department of Transportation random
testing and reasonable cause testing.
The use and abuse of drugs is a significant problem currently faced
by employers. Employees who use drugs are more likely to be
absent, injure themselves or a co-worker, be involved in an
accident off the job, file a worker's compensation claim and
become less productive.
Our requirement for drug/alcohol screens is 700-750 annually;
200-250 are required by the Department of Transportation.
CZI•l
City Council Meeting
October 12, 1995
Page 696
Five employees comprised the committee that evaluated the
proposals and rated the agencies based on the following criteria:
Qualifications and expertise of proposed vendor
Experience of key staff members
30%
Initial screening and confirmation process
Collection and handling process
Processed by NIDA Certified Lab
40%
Vendor provides expert witness testimony
10%
References
10%
Proposal bid clearly justifies all cost
10%
Following site visits to the top three agencies, it was determined
that Occupational Medicine and St. Mary could both provide the
level of quality service expected in this area. In fact, the
committee could not differentiate between the two. The final
decision was based on cost. St. Mary submitted a bid that will
save the City a minimum of $8,400.00 annually.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4979 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14.) Consider Resolution #4980 authorizing the Mayor to execute a
contract with Occupational Medicine Center, Texas Tech
University Health Sciences Center for pre -placement and
promotional physical examinations
RESOLUTION #4980
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 by and
between the City of Lubbock and Occupational Medicine Center, 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.
City Council Meeting
October 12, 1995
Page 697
Passed by the City Council this 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews. Director of Human Resources
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the agreement by and between the City of Lubbock and Occupational
Medicine Center is filed with Resolution No. 4980.
According to staff memo, the City has two job categories,
Trades/Labor and Civil Service, that require pre -placement or
promotional physical examinations. The purpose of the
examination is to ensure that an employee's physical abilities are
matched to a job that he or she is capable of performing safely
without undue risk of injury to the employee or co-workers. The
task of matching a person's capabilities to the appropriate job or
job modifications can be a complicated task which requires special
knowledge of the work place environment. Our requirement for
physical examinations is 160-180 annually.
Four employees comprised the committee that evaluated the
proposals and rated the agencies based on the following criteria:
Qualifications and expertise of proposed vendor
Experience of key staff members 30%
Intake and examination procedures 40%
Vendor provides expert witness testimony 10%
References
10%
Proposal bid clearly justifies all cost 10%
The rating by the committee clearly established Occupational
Medicine Center as the number one vendor. OMC is capable of
performing all aspects of our physical examinations requirements.
As the incumbent vendor, they have done an excellent job of
providing a multitude of medical services to the City over the past
several years. In addition to the quality of service, they also
submitted the lowest bid.
Staff recommended approval of this resolution.
697
City Council Meeting
October 12, 1995
Page 698
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4980 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #4981 authorizing acceptance of water
and sanitary sewer improvements for Super Kmart Plaza
Addition, Tracts A and B.
RESOLUTION #4981
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR TRACTS "A" & "B", SUPER KMART PLAZA ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tracts "A" & "B", Super Kmart Plaza Addition
to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of
Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing
the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $77.641.86, with the
improvements constructed by EMJ Corporation having a value of $59,354.30, as
determined by the unit prices established by said Chapter 28, and $18,287.56 cash paid
to the City, which amount includes $15,079.56 cash for adjacent lines, with Maclay
Development, the developer, to receive a refund of $0.00 in accordance with Chapter
28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the
amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
City Council Meeting
October 12, 1995
Page 699
Passed by the City Council this 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphv
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of water and
sanitary sewer improvements constructed in accordance with the
subdivision regulations. The total cost of the improvements is
$77,641.86 including value of construction costs of $59,354.30 and
$18,287.56 cash paid to the City of Lubbock. The developer, EMJ
Corp., will not receive a refund. There is no refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4981 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider Resolution #4982 authorizing acceptance of water
and sanitary sewer improvements for Lots 1-39, Chicago Court
Villas.
RESOLUTION 44982
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1 THROUGH 39, CHICAGO COURT VILLAS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1 through 39, Chicago Court Villas Addition
to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of
Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing
the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $75,164.51, with the
improvements constructed by Utility Contractor of America, Inc. having a value of
$59,357.35, as determined by the unit prices established by said Chapter 28, and
$15,807.16 cash paid to the City, which amount includes $15,093.00 cash for adjacent
lines, with Harold Long, the developer, to receive a refund of $7,067.83 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00; and
City Council Meeting
October 12, 1995
Page 700
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $7,067.83 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
/s/ David R Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Michael E. Murphv
Michael E. Murphy, Senior Utilities Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is a routine acceptance of water and
sanitary sewer improvements constructed in accordance with the
subdivision regulations. The total cost of the improvements is
$75,164.51 including value of construction costs of $59,357.35 and
$15,093.00 cash paid to the City of Lubbock. The developer,
Harold Long, will receive a refund of $7,067.83. There is no
refund of deposit.
Staff recommended acceptance of these improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4982 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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City Council Meeting
October 12, 1995
Page 701
(17.) Consider Resolution #4983 authorizing the Mayor to approve
maximum rates for selling advertising space in the Civic
Centers facilities.
RESOLUTION #4983
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 Maximum Rate Schedule
for Advertising Media at the Lubbock Municipal Coliseum, 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.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Vicki Key
Vicki Key, Civic Centers Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of the rate schedule for advertising media is filed with Resolution No. 4983.
According to staff memo, the purpose of this program is to
generate additional revenues for the Civic Centers facilities. A
standardized advertising display agreement was approved by the
City Council at the September 28 meeting. This created a standard
routine agreement that will be executed as space is sold. In order
for staff to proceed with executing the contracts, it is necessary for
Council to approve an established rate schedule for the various
advertising media. The rate schedule lists a maximum fee that will
be charged for each item or space. It is also proposed that the
Civic Centers Manager be authorized to negotiate rate packages to
ensure that the spaces are sold. This flexibility is necessary to
ensure the success of the program. The rates established range
from $750 per year for modesty skirting panels to $15,000 per year
for one side of a tri-action scorer table. It is anticipated that
revenues from this program will generate $188,000 per year if all
space is sold the first year at the maximum rates.
701
City Council Meeting
October 12, 1995
Page 702
In order for staff to be able to execute the standardized advertising
display agreements, the City Council must approve an established
rate schedule for the sale of advertising space within the Civic
Center facilities. The rate schedule proposed would be the
maximum amount charged for the various spaces.
Staff recommended that the City Council approve the fee schedule
as presented and authorize the Civic Center Manager to negotiate —
rate packages as necessary to ensure the sale of space.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4983 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Resolution #4984 amending the agreement between
the 01y of Lubbock and the Lubbock Housing Finance
Corporation (LHFQ dated May 13, 1993, to further facilitate
the utilization of federal grant funds under the HOPE 3
Homeownership Program by leveraging with the HUD 203K
Program.
RESOLUTION #4984
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an amendment to the
Agreement with the Lubbock Housing Finance Corporation (LHFC) dated May 13,
1993, to further facilitate the utilization of federal grant funds under the HOPE 3
Homeownership Program by leveraging with the HUD 203K Program. Said
amendment 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 12th day of October 1995.
/s/ David R Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bet M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goo man
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Assistant City Attorney
A copy of the amendment to the agreement with the Lubbock Housing Finance
Corporation (LHFC) is filed with Resolution No. 4984.
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City Council Meeting
October 12, 1995
Page 703
According to staff memo, the City of Lubbock was approved for a
third HOPE 3 Grant for 1995-96. The emphasis of the Department
of HUD is to use the 203K program through private markets to
fund the rehabilitation of those properties. This amendment ratifies
action already approved by LHFC and HUD. Eight properties
have been purchased. Normally, the individual buyers or the City
sign all the necessary agreements with respect to rehabilitation
loans. However, in this circumstance the deadline for FHA to
distribute these funds was September 30, 1995. In order to be able
to access these rehabilitation loan funds, the record owner of the
property had to complete the paperwork by September 30. The
City had already transferred title of the property to LHFC, and
there was insufficient time to process necessary paperwork for
these properties for individual applicants to be able to sign the
agreements by September 30. The amendment allows LHFC to
sign these agreements, as owner of the property, and obtain the
funds for rehabilitation of the houses. The amendment also states
that the City shall make the loan payments (with HOPE 3 funds)
until the 203(k) loans are assumed by qualified buyers. It is
anticipated that these loans will be assumed quickly.
The staff recommended approval of this amendment.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4984 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Bid #13351--Batteries - Annual Pricin Fleet Services .
Continental Battery Company--100 Ea 31-T Heavy Duty, 12 Volt,
Cold Cranking Cap, Minimum 800 Amps; 60 Ea 27 Heavy Duty,
12 Volt, Cold Cranking Cap. Minimum 700 Amps; 20 Ea 30H
Heavy Duty, 12 Volt, Cold Cranking Cap. Minimum 700 Amps;
50 Ea 24F Heavy Duty, 12 Volt, Cold Cranking Cap. Minimum
700 Amps; 12 Ea 3EH Heavy Duty, 6 Volt, Cold Cranking Cap.
Minimum 700 Amps, 12 Ea 62 Heavy Duty, 12 Volt, Cold
Cranking Cap. Minimum 500 Amps; 50 Ea 64 Heavy Duty, 12
Volt, Cold Cranking Cap. Minimum 600 Amps, 25 Ea 27F Heavy
Duty, 12 Volt, Cold Cranking Cap. Minimum 600 Amps; 50 Ea 65
Heavy Duty, 12 Volt, Cold Cranking Cap. Minimum 800 Amps;
10 Ea 4 Heavy Duty, 6 Volt, Cold Cranking Cap. Minimum 900
Amps.
Douglas Battery Mfg. Company--25 Ea 4D Heavy Duty, 12 Volt,
Cold Cranking Cap. Minimum 900 Amps; 50 Ea 24 Heavy Duty,
12 Volt, Cold Cranking Cap. Minimum 800 Amps; 20 Ea 4DLT
Heavy Duty, 12 Volt, Cold Cranking Cap. Minimum 700 Amps;
20 Ea 8D Heavy Duty, 12 Volt, Cold Cranking Cap. Minimum 700
Amps; 100 Ea 75 Heavy Duty, 12 Volt, Cold Cranking Cap.
Minimum 700 Amps; 100 Ea 74 Heavy Duty, 12 Volt, Cold
Cranking Cap. Minimum 6800 Amps; 50 Ea UIL Heavy Duty, 12
Volt, Cold Cranking Cap. Minimum 200 Amps.
703
City Council Meeting
October 12, 1995
Page 704
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(20.) Bid #13367--Coliseum Lighting Project, and authorize same
(Civic Center).
RESOLUTION #4985
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 Acme Electric of Lubbock, Texas,
to furnish and install all services and materials as bid for the Coliseum Lighting
Project, 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 12th day of October 1995.
ATTEST:
/s/ Betty M Jo nson
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
CONTRACT
STATE OF TEXAS 8
COUNTY OF LUBBOCK 6
THIS AGREEMENT, made and entered into his State th ay of October 1995 acting by and
and
between the City of Lubbock, County of Lubbock,c
through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
to as OWNER, and Acme Electric of the City of Lubbock, County of Lubbock, and the
State of Texas, hereinafter termed CONTRA
704
City Council Meeting
October 12, 1995
Page 705
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. 13367--Coliseum Lighting Project in the amount of $79,700.00
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT
/s/ Freddy Chavez
ATTEST:
Secretary
COMPLETE ADDRESS: Acme Electric
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Acme Electric
CONTRACTOR
By: /s/ Barry Brown
TITLE: President
1115 Slaton Highway
Lubbock, Texas 79404
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4985 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
705
City Council Meeting
October 12, 1995
Page 706
(21•) Bid #13369--Mackenzie Park Irrigation System, and authorize
same (Park Development).
RESOLUTION #4986
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 Wallace Sprinkler Company of
Lubbock, Texas, to furnish and install all services and materials as bid for the
Mackenzie Park Irrigation System, 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 12th day of October 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 12th day of October 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 Wallace Sprinkler 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:
706
City Council Meeting
October 12, 1995
Page 707
BID NO. 13369--Mackenzie Park Irrigation System in the amount of $184,500.00
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT:
/s/ John Webb
ATTEST:
Secretary
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Wallace Sprinkler Company
CONTRACTOR
By: /s/ Tracy Wallace
TITLE: Owner
Wallace Sprinkler Company
4210 97th Place
Lubbock, Texas 79423
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution 44986 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
707
City Council Meeting
October 12, 1995
Page 708
(22.) Bid #13371--Sealing of Coliseum Seating Area, and authorize
same (Civic Center).
RESOLUTION #4987
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 Rudd -Palmer Company, Inc., of
Amarillo, Texas, to furnish and install all services and materials as bid for the
Coliseum Seating Area Floor Sealing, 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 12th day of October 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 12th day of October 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 Rudd -Palmer Company, Inc., of the City of Amarillo, County of
Potter, 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:
1:
City Council Meeting
October 12, 1995
Page 709
BID NO. 13371--Coliseum Seating Area Floor Sealing in the amount of $47,952.00
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Betty M. Johnson
Secretary
APPROVED AS TO CONTENT
/s/ Freddy Chavez
ATTEST:
Secretary
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Rudd -Palmer Company, Inc.
CONTRACTOR
By: /s/ Kelvin Allen
TITLE: President
Rudd -Palmer Company, Inc.
80 Bonham
Amarillo, Texas 79106
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to authorize Resolution #4987 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(23.) Bid #13372--Vector Control Insecticides (Health Department).
B & G Company--1,100 GI Malathion; 200 G1 Bacillus
Thuringiensis, Stereotype H-14.
Motion was made by Councilmember Patterson, seconded by
_ Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
709
City Council Meeting
October 12, 1995
Page 710
(24.) Bid #13380-Traffic Signal Arm and Shaft Assemblies - Annual
Pricing (Traffic Engineering).
Hossley Lighting Associates for Valmont Industries--9 Ea 45' Pole
Assembly, Straight; 1 Ea 40' Pole Assembly, Straight; 1 Ea 45'
Pole Assembly, Curved; 1 Ea 35' Pole Assembly, Straight; 1 Ea.
50' Pole Assembly, Straight.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(25.) Consider Resolution #4988 authorizing the Mayor to execute a
contract with the Texas Department of Health to Provide
preventive, health promotion and direct services in the areas of
immunizations, tuberculosis control, milk and dairy testing,
sexually transmitted diseases, breast and cervical cancer
control, HIV counseling, and AIDS surveillance.
RESOLUTION #4988
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 three (3) Contract
Amendments (TDH Document No. 06000126) and all related documents by and
between the City of Lubbock and the Texas Department of Health for programs in TB
Elimination and Immunizations, HIV, milk testing and the Office of Regional
Administrative Services and a new attachment for Bureau of Chronic Disease
Prevention and Control to fund services to reduce premature morbidity and mortality
associated with breast and cervical cancer, which contracts are 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.
710
City Council Meeting
October 12, 1995
Page 711
Passed by the City Council this 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ BeU M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health and Community Services
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the three contract by and between the City of Lubbock and the Texas
Department of Health are filed with Resolution No. 4988.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. This year's contract is for
$488,154, which is $515,072 less than last year's contract, and
includes no funding for women's health or dental services. This is
a result of the recent departmental reorganization. Contract
distribution is as follows:
Immunization Division. Three employees' salaries and fringe
benefits are included in this attachment of $68,356. Services
include providing immunizations at the Health Department clinics
- both Immunizations and S.T.D.; outreach activities for infants,
children and high risk adults at day care centers, health fairs and
senior citizen centers; serving on the planning board and as a
participant in Shots Across Texas, Lubbock Style; and
investigation and initiation of control measures for reported
vaccine -preventable diseases. In addition to salaries, this
attachment provides direct assistance of vaccine, valued at
$140,011. A community with sufficiently high immunization rates
avoids disease outbreaks and the cost in human suffering,
hospitalization and sometimes even death.
Tuberculosis Elimination. This attachment provides for salary,
fringe benefits and travel for one Community Service Aide. This
job is to ensure that clients diagnosed with active TB take
medications as prescribed, effectively limiting disease spread and
the development of drug resistant forms of Tuberculosis. The aide
is also active in TB skin testing and test interpretation of high risk
groups, as well as clients who attend the Health Department
Immunization clinic. Included in this attachment is $835 for
indirect costs, which serves to reimburse the City for some of the
overhead related to this employee.
711
City Council Meeting
October 12, 1995
Page 712
Milk and Dairy Testing. The Health Department Regional
Laboratory is reimbursed for laboratory analysis of milk and dairy
samples at the rate of $11 per sample, an annual total of $6,000.
These activities include full program cost recovery and are directly
related to protection of the public.
Office of Regional Administrative Services. This item supports
comprehensive public health services, and particularly salaries and
fringe benefits for 3 employees to provide education, prevention
and curative services in the community, Health Department
Regional Lab and the S.T.D. clinic. This amount is $68,182. In
addition, two State paid employee positions, totaling $43,440, are
included in the attachment. One, a Licensed Vocational Nurse,
works in the S.T.D. clinic; the second is an Administrative
Technician who oversees all expenditures, submits vouchers and
completes reports required by the terms of this contract. These
activities minimize City personnel involvement in maintaining the
contracts, while limiting City expenditures to routine office
supplies.
Breast and Cervical Cancer Control Program grant totals $70,694.
Of this amount, the Health Department will receive $6,000 for
grant management. The remaining funds will be sub -contracted to
service providers such as TTUHSC School of Nursing for
screening, Dimensions and St. Mary of the Plains for
mammography and TTUHSC Departments of OB-Gyn, Family
Medicine and Surgery as referral sources. Approval to submit an
application was granted by the City Council on July 13, 1995.
HIV/AIDS. Although included in the contract, the AIDS
Surveillance attachment of $35,395 was previously approved by
the Council in January and is funded through December 1995.
Likewise, the previously approved attachment covering HIV
Counseling has merely been revised to fund the program for the
remainder of this calendar year, through December 1995, for a total
amount of $35,000. The Health Department should be receiving
both attachments very soon for approval for 1996.
Future Amendments. Due to the elimination of Maternal and
Child Health funding, two State paid employees associated with
the attachment will likely be reassigned to the Office of Regional
Administrative Support attachment. Their salaries total $32,616.
Like their ORAS counterparts, the Clerical Supervisor and
Community Service Aide provide valuable contributions to Health
Department activities for minimal overhead costs --office supplies
and work space.
Staff anticipate one other amendment to this contract and that is to
include salaries, fringe benefits and travel for a Registered Nurse
and a Community Service Aide to conduct surveillance and
outreach activities. These two positions will supplement the City
General Fund supported employees and strengthen our efforts to
establish and maintain a quality system to identify potential
community health risks and prevent disease spread.
712
City Council Meeting
October 12, 1995
Page 713
Without the Texas Department of Health contract, fulfilling the
core missions of public health (surveillance, health education,
prevention) will be greatly impaired and at a much reduced level.
Therefore, staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to authorize Resolution #4988 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(26.) Consider Resolution #4989 authorizing the Mayor to execute
an interlocal agreement with Texas Tech University Health
Sciences Center for consultant services to establish, monitor
and evaluate a program of surveillance and disease reporting
for the City of Lubbock Health Department
RESOLUTION #4989
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 Interlocal Agreement
with the Texas Tech University Health Sciences Center for consultant services,
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 12th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bet M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director of
Health & Community Services
APPROVED AS TO FORM:
/s/ Clarence Walker
Clarence Walker, Assistant City Attorney
A copy of the interlocal agreement by and between the City of Lubbock and Texas
Tech University Health Sciences Center is filed with Resolution No. 4989.
Doug Goodman, Managing Director of Health and Community
Services, presented staff comments. With the Health Department
reorganization, a renewed emphasis was placed on the core
missions of public health, which include disease surveillance.
713
City Council Meeting
October 12, 1995
Page 714
Dr. Ron Warner is a veterinarian employed by the Department of
Preventive Medicine and Community Health at Texas Tech
University Health Sciences Center. In his previous employment
with the United States Air Force, he developed expertise in disease
surveillance and epidemiology. He is knowledgeable and
interested in assisting the Health Department establish a model
epidemiology program.
The Council has already approved the FY1995-96 budget, which
contains funding for this interlocal agreement. This is a two-year
contract that allows extensions by mutual consent. The cost is $35
per hour, not to exceed $20,000 per year.
To enhance the development of a surveillance program and further
the core missions of public health, staff recommended approval of
this agreement.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4989 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) Consider Resolution #4990 nominating board members for the
Lubbock Central Appraisal District.
RESOLUTION #4990
WHEREAS, there has been enacted in the State of Texas an Act relating to ad
valorem taxation of property (S.B. 621), and this Act applies to and is controlling on
the City of Lubbock, Texas, as a taxing unit; and
WHEREAS, there is created under the provisions of this Act, a Board of
Directors to govern the Appraisal District established by the Act. The City of Lubbock
is desirous of nominating candidates to be placed on the ballot for election to this Board
of Directors upon the next election as provided by this Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following persons are nominated by the governing body of the City
of Lubbock as candidates for positions on the Board of Directors of the Appraisal
District created for the County of Lubbock, and that the names of these candidates be
submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed on
the ballot for election to such positions at the next election for such purpose.
W. B. CRISWELL
LEROY MONTOYA
RICHARD SPIKES
EUGENE EHLER
MARLAND RIBBLE
714
City Council Meeting
October 12, 1995
Page 715
Passed by the City Council this 12th day of October 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 Hindman
Mark Hindman, Director of Support Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Mark Hindman, Director of Support Services, presented staff
comments. According to the Texas Property Tax Code, every two
years it is necessary to elect board members for the Lubbock
Central Appraisal District. The City Council is required to take
two actions on this procedure. First, before October 15, the City
Council must submit its nominees to the Chief Appraiser of the
Appraisal District. Second, before November 15, the City Council
must vote on the slate of candidates.
According to the materials provided by the Lubbock Central
Appraisal District, the City Council is eligible to cast 1,276 votes.
There is a total of 5,000 votes from all jurisdictions.
The current board members are W. B. Criswell (farming), Eugene
Ehler (Energas), LeRoy Montoya (Dean Witter), Marland Ribble
(Plains National Bank), and Richard Spikes (CPA). All five are
eligible to be reappointed and are interested in serving another
two-year term.
Staff recommended approval of the resolution nominating these
five people. The casting of votes will be done by resolution at the
October 19 meeting of the City Council.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to authorize Resolution #4990 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
715
City Council Meeting
October 12, 1995
Page 716
(28.) Consider Resolution #4991 authorizing the Mayor to execute a
standard format for Certificate of Deposit contracts.
RESOLUTION #4991
THAT the Mayor BE and is hereby authorized and directed to execute for and on
behalf of the City of Lubbock all Certificate of Deposit Contracts in substantially the
same form as the attached Agreement with various banks in accordance with the City of
Lubbock's Financial Investment Policy. A copy of such Certificate of Deposit Contract is
attached hereto 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 12th day of October 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 Hindman
Mark Hindman, Finance Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
A copy of the contract for authorization of investment of funds of deposit contracts is
filed with Resolution No. 4991.
Mark Hindman, Director of Support Services, presented staff
comments. One of the investment vehicles approved in the
Investment Policy and Strategy is the use of Certificates of Deposit
(CDs). The use of CDs by cities is permitted and governed by
State law. When appropriately collaterized, CDs can provide
another conservative investment which may exceed the rate of
standard treasuries of the same maturity. Even when CD rates are
the same as or slightly below treasury rates, staff may choose the
CD option as a form of diversification. In addition, investment in
local banks provides another source of capital for development of
the local economy. Many smaller cities and other governments
rely heavily on CD's as an investment tool.
716
City Council Meeting
October 12, 1995
Page 717
Based on the recommendation of the City Attorney's office, staff
established a contract with each entity where staff place a CD.
This standard contract includes statutory language and references
to avoid any conflict with applicable state laws. Upon adoption,
this standard contract could be executed with any bank which
meets the credentials of State law and the City's investment policy.
It is the intent of staff to invest only in local banks which are
financially solid.
Similar to the investment policy, the investment policy for
Certificates of Deposit is more restrictive than required by State
law. City of Lubbock funds invested in CDs must be secured at
one hundred and five percent (105%) of market value and must be:
guaranteed or insured by the Federal Deposit Insurance
Corporation or its successor;
secured by obligations of the federal government or its
agencies and instrumentalities;
secured in any other manner and amount provided by law
for deposits of the City of Lubbock.
The City's Investment Policy and Strategy allows investments with
a maximum term of up to five years as long as the portfolio
maintains a weighted average maturity of less than two years. It is
the intent of staff to invest in certificates of deposit which have a
term of one year or less.
Investment in CDs provides another investment option which is
consistent with City of Lubbock policies and strategies. Staff
recommended that this standard format be approved so that staff
can begin soliciting bids for CDs from local banks.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #4991 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(29.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Manager).
(30.) 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).
717
City Council Meeting
October 12, 1995
Page 718
(31.) Consider Resolution #4992 authorizing the Mayor to execute a
contract for custodial services with Goodwill Industries of
Lubbock, Inc., to furnish services and materials
RESOLUTION #4992
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 Goodwill Industries of Lubbock,
Inc. of Lubbock, Texas, pursuant to the authority granted in compliance with the
provisions of Chapter 122, Human Resources Code, and certified by Texas Industries
for the Blind and Handicapped (TIBH), as a contract in compliance with the provisions
of Chapter 122, Human Resources Code, to furnish custodial services and materials,
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 12th day of October 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:
Ls/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the contract by and between the City of Lubbock and the Goodwill Industries
of Lubbock, Inc., is filed with Resolution No. 4992.
Mark Hindman, Director of Support Services, presented staff
comments. In conjunction with the bid process for custodial
services, the City received a proposal for custodial services from
Texas Industries for the Blind and Handicapped on behalf of
Goodwill Industries of Lubbock, Texas. Industries for the Blind
and Handicapped is a private non-profit corporation which helps
provide employment through the State Use Program for Texans
who are blind and/or severely disabled. Marketing the products
and services of these exceptional Texans, Texas Industries for the
Blind and Handicapped serves as the interface between the
vocational rehabilitation such as Goodwill Industries of Lubbock
and the purchasing system of municipalities located within the
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City Council Meeting
October 12, 1995
Page 719
State of Texas. A municipality is not required to engage in
competitive bidding when the contract involves a non-profit
agency for the blind or severely handicapped persons for purchases
such as a municipality makes pursuant to section 122.014 of the
Human Resources Code.
Subsequent to issuing Invitation to Bid #13267 for Custodial
Services, Texas Industries for the Blind and Handicapped
expressed an interest in submitting a proposal to the City of
Lubbock for these services. Staff asked Texas Industries for the
Blind and Handicapped to submit a proposal which could be
compared with the bids received from the City employees and
other vendors. The proposal by Goodwill Industries of Lubbock
provides the same level of service at a lower cost than the bids
submitted by the City employees or private vendors on one of the
groups of buildings specified in the bid. The buildings included in
this group are the water reclamation plant, water treatment plant,
and landfill offices. On August 27, 1992, Council adopted
Resolution No. 3949 allowing the City to explore new areas of
business endeavors with Texas Industries for the Blind and
Handicapped for the purpose of determining how best to utilize the
products and services of these exceptional Texans who are blind
and/or severely disabled. This step is consistent with that action.
While Texas Industries for the Blind and Handicapped is the
certifying party to this contract pursuant to Chapter 122 of the
Human Resources Code, the actual service will be provided by
Goodwill Industries of Lubbock as the performing party. Goodwill
Industries of Lubbock currently provides service to the Municipal
Hill facilities. However, this service will be performed by Pedus
Building Services effective November 1, 1995. The service by
Goodwill Industries of Lubbock has been very good and the
occupants of those facilities have been pleased with their work.
Prior to October 1, 1995, the custodial service at the two treatment
plants was provided by City staff. Water Utilities staff eliminated
these positions in the 1995-96 budget and a reduction in force
(RIF) was initiated. This RIF involved two employees. One
employee from the Water Treatment Department was placed at
Water -Pipeline Maintenance as a Construction and Maintenance
Worker I. One employee from Water Reclamation was not placed
and was terminated effective September 29, 1995. This employee
was offered two positions prior to termination and declined both.
The cost of the service proposed by Texas Industries for The Blind
And Handicapped is lower than any of the bids submitted for the
same buildings and level of service. Staff has been pleased with
previous work performed by Goodwill Industries of Lubbock
employees. Staff recommended that this contract be approved.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #4992 as
recommended by staff. Motion carried: 5 Yeas; 1 Nay--
Councilmember Hernandez. Councilmember Ince was absent from
Council Chambers.
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City Council Meeting
October 12, 1995
Page 720
(32.) Confirm appointment of Fred Underwood and reappointment
of Mike Thomas to the Airport Board
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Fred Underwood and
reappoint Mike Thomas to the Airport Board. Motion carried: 7
Yeas; 0 Nays.
(33.) Confirm appointment of Nancy Ridenour and reappointment
of Donna Clarke to the Community Services Commission
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Nancy Ridenour and
reappoint Donna Clarke to the Community Services Commission.
Motion carried: 7 Yeas; 0 Nays.
(34.) Confirm appointment of Joe Dempsey, Hector Molina,
Virginia Ramos and Craig Wall to the Human Relations
Commission.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Joe Dempsey, Hector
Molina, Virginia Ramos and Craig Wall to the Human Relations
Commission. Motion carried: 7 Yeas; 0 Nays.
(35.) Confirm appointment of Greg Garrett to the Keep Lubbock
Beautiful Advisory Committee.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Greg Garrett to the Keep
Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas;
0 Nays.
(36.) Confirm appointment of Norma Parras to the Lubbock Public
Transit Advisory Board.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Norma Parras to the
Lubbock Public Transit Advisory Board. Motion carried: 7 Yeas;
0 Nays.
(37.) Confirm reappointment of Irma Guerrero to the MHMR
Public Responsibility Committee.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to reappoint Irma Guerrero to the
MHMR Public Responsibility Committee. Motion carried: 7
Yeas; 0 Nays.
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City Council Meeting
October 12, 1995
Page 721
(38.) Confirm appointment of Tomas Garza Garcia and
reappointment of David Driskill, Grant Hall, Paul Nash,
Michael Peters and Jim Shearer to the Urban Design and
Historic Preservation Commission.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Tomas Garza Garcia and
reappoint David Driskill, Grant Hall, Paul Nash, Michael Peters
and Jim Shearer to the Urban Design and Historic Preservation
Commission. Motion carried: 7 Yeas; 0 Nays.
(39.) Confirm appointment of Ty Cooke and reappointment of
David R. Langston and T J Patterson to the South Plains
Association of Governments Board of Directors
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Ty Cooke and reappoint
David R. Langston and T. J. Patterson to the South Plains
Association of Governments Board of Directors. Motion carried: 7
Yeas; 0 Nays.
(40.) Confirm appointment of Cliff Hopping and Steve Swain to the
Lubbock Citizens' Traffic Commission
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to appoint Cliff Hopping and Steve
Swain to the Lubbock Citizens' Traffic Commission. Motion
carried: 7 Yeas; 0 Nays.
(41.) Confirm reappointment of Calvin Campbell to the
Neighborhood Certification Committee
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Hernandez to reappoint Calvin Campbell to the
Neighborhood Certification Committee. Motion carried: 7 Yeas; 0
Nays.
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City Council Meeting
October 12, 1995
Page 722
There being no further business to come before Council, and without objection, the
meeting adjourned at 2:43 p.m.
ATTEST:
9 gar -"-
Betty M. Johns , City Secretary
Read and approved this the 19th day of October 1995
AVID R. LANGSTON, MAYOR
ATTEST:
Betty M. Johnsin,Ci�tySecr�etary
722