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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. 700 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. 702 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 718 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. 719 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. 720 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. 721 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