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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/10/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 10, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the loth day of September 1996, 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 Alex Cooke, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and Interim City Secretary Harold Willard. Absent: Councilmember Victor Hernandez. Mayor Langston called the meeting to order at 10:31 A.M. ( 1.) The Invocation was given by Reverend Timothy Judd, Roman Catholic Diocese of Lubbock. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. (4.) Consider Resolution No. 5252 recognizing Dirk West, former Mayor, for his contributions to the Lubbock community. RESOLUTION NO.5252 WHEREAS, Gerald Glynn "Dirk" West was a major contributor of his time, talents, and energies, and was an unselfish advocate for the betterment of the City of Lubbock and the entire Llano Estacado; and WHEREAS, Dirk West served as a City Councilman from 1974 to 1978, and served as Mayor of Lubbock from 1978 to 1980, stressing the need for improved public safety; and WHEREAS, despite his notoriety as an advertising executive, civic leader, City Councilman, and Mayor, Dirk West's greatest pride derived from his work as a cartoonist; and WHEREAS, Dirk West's cartoons gained local and national recognition for their humor, insight, and artistry, and became an integral part of Lubbock's and Texas Tech University's history, heritage, and culture; and WHEREAS, Dirk West's humor, public service, civic dedication, commitment to Lubbock, and his devotion to his family, friends and loved ones deserves public recognition; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT this City Council recognizes the tremendous contributions made to this community by Dirk West and mourns the passing of a beloved colleague and friend City Council Minutes September 10, 1996 Page 500 Passed by the City Council this IOth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney Former Lubbock Mayor and City Councilman Dirk West died July 26, 1996. Mr. West was a well-known civic leader, and gained his greatest fame and recognition as a cartoonist. Mr. West served as a City Councilman from 1974 to 1978, and as Mayor from 1978 to 1980. Mr. West was a 1954 graduate of Texas Tech University and an _ ardent supporter of the Red Raiders. He owned West Advertising Agency. During his tenure as Mayor, he helped organize CONTACT LUBBOCK, and made crime prevention a priority for his administration. As a cartoonist, Mr. West's renderings of collegiate mascots were often officially adopted by the colleges or universities themselves. Mr. West also drew editorial cartoons for the Lubbock Avalanche Journal. Mayor Langston read and presented a formal resolution to the West family. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Sitton to authorize Resolution No. 5252 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 5.) Mayor Langston presented a proclamation declaring September 9 to October 7, 1996, "Register to Win Month -- Promote the Vote in Lubbock, Texas." Steve Watt, Lubbock County Voter Registrar, is contacting all local and surrounding municipalities and requesting that a proclamation be issued to encourage voters to register for the upcoming elections. Mr. Watt reports that Lubbock County has 171,000 eligible voters but only 113,000 active voters. The Lubbock County Voter Registrar's office believes a public education campaign is necessary to encourage these eligible voters to register and make 500 City Council Minutes September 10, 1996 Page 501 them aware of the upcoming elections. Likewise, Texas has adopted the National Voter Registration Act which extends a person's registration period to four years, an increase from the previous two year length. Because of the importance of the upcoming elections and the significance of the freedom to vote, this proclamation will aid in informing and educating eligible voters on their rights and privileges. By issuing the proclamation, the City of Lubbock will be helping promote voter registration in Lubbock County. Mayor Langston read and presented a formal proclamation to Steve Watt. ( 6.) Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve the minutes of the August 15, 1996, Special City Council Meeting, and the minutes of the August 22, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (7.) ORDINANCE NO. 9934--Zone Case No. 2778 (east of North University and north of Loop 289)--Request of Ray McKim III (for WWC Holding Company) for a zoning change from R-1 to R-1 Specific Use (for a radio transmission facility) on a tract out of Section 11, Block A. ORDINANCE NO. 9934 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2778; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A TRACT OUT OF SECTION 11, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve Ordinance No. 9934 on second and final reading as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) ORDINANCE NO. 9936--Zone Case No. 2779 (north of 19th Street and west of Alcove) --Request of Phillip Cole (for Walt Hansen, Inc.) for a zoning change from R-1 to C-4 on a tract out of Section 2, Block D-6. ORDINANCE NO. 9936 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2779; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF SECTION 2, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve Ordinance No. 9936 on second and final reading as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 501 City Council Minutes September 10, 1996 Page 502 (9.) ORDINANCE NO. 9937--Zone Case No. 2193-B (south of 82nd Street and east of University) --Request of Hugo Reed and Associates (for Michael Postar) for a zoning change from R-1 to C-4 Specific Use to C-4 Specific Use (office/mini-warehouses) on the south of 367.80 feet of Tract C, Postar Addition. ORDINANCE NO. 9937 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2126-B; A ZONING CHANGE FROM C-2 AND C-3 TO A-1 ZONING ON A PORTION OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve Ordinance No. 9937 on second and final reading as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) ORDINANCE NO. 9939--Zone Case N. 2658-C (north of 54th Street and east of Gary) --Request of Curry Brandaw Architects (for Holiday Retirement Corporation) for a zoning change from C-3 to A-2 limited to a retirement community on a tract out of Tract A, Monterey Center Addition. ORDINANCE NO. 9939 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-C; A ZONING CHANGE FROM C-3 TO A-2 ZONING ON A TRACT OUT OF TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve Ordinance No. 9939 on second and final reading as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) ORDINANCE NO.9940--Whereby the City of Lubbock and Southwestern Bell Telephone Company agree to amend Ordinance No. 9452 to provide for a longer term and to add termination and other provisions as a result of the changes made by the Public Utility Regulatory Act of 1995, codified as Texas Civ. Stat. Ann. Art. 1446C-0. ORDINANCE NO.9940 AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 9452 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 1446C-0. 502 City Council Minutes September 10, 1996 Page 503 Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve Ordinance No. 9940 on second and final reading as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider Resolution No. 5253 accepting paving improvements constructed by Jarnagin Construction Co., Inc. in King of Kings Addition, Tract A. RESOLUTION NO.5253 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract A, King of Kings Addition, made arrangements with Jarnagin Construction Co., Inc. for the construction of paving improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets: The West half of Memphis Avenue from the South lip line of 98th Street to the centerline of 101 st Street, known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2037. The East half of Miami Avenue from the South lip line of 98th Street to the North lip line of 101 st Street, known and designated as New Subdivision Sub - Unit Number 46 of Unit Number 2037. The North half of 101 st Street from the West lip line of Memphis Avenue to the centerline of Miami Avenue, known and designated as New Subdivision Sub - Unit Number 47 of Unit Number 2037. WHEREAS, the construction of the above paving improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the said improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. SECTION 2. THAT the City Engineer be authorized to direct payment to the Contractor in the amount of $8,086.55 for the City's portion of the construction costs on the West half of Memphis Avenue. SECTION 3. THAT this Resolution shall take effect and be in force from and after the date of its passage. 503 City Council Minutes September 10, 1996 Page 504 Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of Memphis Avenue from 98th Street to 101 st Street. The east half of Miami Avenue from 98th Street to 101 st Street. The north half of 101 st Street from Memphis Avenue to Miami Avenue. Memphis Avenue is a designated collector with 46 feet of paving. For platting the developer on each side is responsible for half of a 36-foot residential street. Anything over the developer's responsibility is City extra width. Upon acceptance of these improvements, City cost will be due the contractor in the amount of $8,086.55 to be paid out of the fund set up for City extra width on subdivision paving. Staff recommended acceptance of these paving improvements. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5253 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Resolution No. 5254 authorizing the Mayor to execute a street -use license for a railroad crossing with Plains Cooperative Oil Mill, Inc. (4701 Guava Avenue). :1, City Council Minutes September 10, 1996 Page 505 RESOLUTION NO. 5254 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 Street Use License with Plains Cooperative Oil Mill, Inc., attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this street -use license will allow Plains Cooperative Oil Mill to construct a railroad track across Guava Avenue north of East 50th Street. This railroad will service their new plant east of Guava Avenue. The license will be for 20 years and they will be charged the minimum of $50 per year. No problems or utility conflicts are seen with this railroad crossing. Staff recommended the approval of this street -use license. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5254 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (14.) Consider Resolution No. 5255 authorizing the Mayor to execute a land -use license for heavy equipment training with the Texas Engineering Extension Service (6002 Spur 327). RESOLUTION NO.5255 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 Land Use License between the City of Lubbock and the Texas Engineering Extension Service, attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of 505 City Council Minutes September 10, 1996 Page506 this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent e AD Iwe1Me /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, in February of this year, the Texas Engineering Extension Service obtained a 90-day land -use license from the City to conduct a heavy equipment training course for Texas Department of Transportation (TxDOT) employees. This course was conducted at McAlister Park and in return for being able to use a portion of McAlister Park for the training course, the TxDOT personnel used heavy equipment to continue the excavation of the McAlister Park lake area using grades set by the City and previously approved by the Texas Parks and Wildlife Department as part of the overall plan to develop this park. The Engineering service has again approached the City to conduct another training school at McAlister Park this fall. This school will begin in September and end in early November. No charge will be made to the Engineering Extension Service since they will be doing this dirt work in accord with the approved cut and fill plan for the City. Staff recommended the approval of this land -use license. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5255 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution No. 5256 authorizing the City Council to consent to an assignment of a lease between the E. Reuel Nash Estate and G. Larry Rice (2302 Quaker Avenue). RESOLUTION NO. 5256 WHEREAS, on or about the 9th day of December 1982, the City of Lubbock, Texas, pursuant to Resolution 1278-B leased to E. Reuel Nash a tract or parcel of land in 506 City Council Minutes September 10, 1996 Page 507 Lot 1, Henry Addition to the City of Lubbock, upon which the Lessee was authorized to construct various improvements including sidewalks, paved parking and landscaping; and WHEREAS, such Lease was subsequently amended on or about the 1 Ith day of April, 1991; and WHEREAS, the Estate of E. Reuel Nash, deceased, now desires to assign all right, title and interest in and to the above -described Lease to G. Larry Rice; and WHEREAS, such an assignment requires the consent of the Lessor, but the City Council has determined that the desired assignment would not be adverse to the interests of the citizens of the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT in consideration of an assignment executed in substantially the same form as the attached document, the Council hereby authorizes the Mayor to consent to the assignment by the Estate of E. Reuel Nash to G. Larry Rice of the Lease and the Amendment thereto as hereinabove described. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, in December of 1982, the City of Lubbock executed a lease with E. Reuel Nash for Lot 1, Henry Addition, which is located at the northwest corner of Quaker Avenue and Brownfield Drive. This lot is used for parking in conjunction with the shopping center to the north. The City uses a small portion of it for a lift station and for several years leased the remainder of it to Char -King Drive -In as a parking lot. Recently, E. Reuel Nash passed away and G. Larry Rice purchased the shopping center to the north and desires to assume the lease of the parking lot. The City will receive $1,800 per year through April 30, 1997, and the lease will increase by $90 per year each year thereafter through 2032. 507 City Council Minutes September 10, 1996 Page 508 Staff recommended the acceptance of this assignment. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5256 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Ordinance No. 9941 abandoning and closing a portion of a 20-foot alley located in the Del Prado Addition to the City of Lubbock (7203 Globe Avenue). ORDINANCE NO. 9941 According to staff memo, this 20-foot by 179-foot portion of an alley to be closed is located south of Loop 289, north of 73rd Street, and east of Globe Avenue and is being closed for replatting purposes. The proponent of this closure is Martin Marine, who will use the additional platted area for boat sales. This alley area being closed contains 3,615.48 sq. ft. and is valued at 50¢ per sq. ft. which is taken from abutting property values. This alley will remain as an easement for utility purposes. The amount due the City for this alley area being closed is $1,807.74. Since it will remain as an easement, the Right -of -Way Department values it at 50 percent of $1,807.74, or $903.87, due the City. Staff recommended the first reading of this ordinance. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9941 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution No. 5257 authorizing the Mayor to execute an alley -use license with Triple K Warehouses, LTD (8801 19th Street). RESOLUTION NO. 5257 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 Alley Use License with Triple K Warehouses, Ltd., attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 508 City Council Minutes September 10, 1996 Page 509 Passed by the City Council this I Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, Triple K Warehouses are located south of 19th Street, east of Kelsey Avenue and west of Inler Avenue. A 20-foot alley runs along the east side of these warehouses and a 20-foot by 181.50-foot portion of this alley has been fenced in and is being used as additional parking and unloading area. Rather than move their fence, Triple K has requested to continue to use this alley portion of right -of way. No utility problems are associated with the use of this alley and they will be charged the $50-per year minimum license fee. This license will be for 20 years, payable every five years. Staff recommended the approval of this alley -use license. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5257 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (18.) Consider Resolution No. 5258 authorizing the Mayor to execute Contract No. 517-XXF-6016 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO.5258 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 Contract No. 517-XXF-6016 and related documents to be entered into by and between the City of Lubbock and the Texas Department of Transportation, 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 Resolutions as if fully copies herein in detail. 509 City Council Minutes September 10, 1996 Page 510 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, TxDOT is allocating $430,817 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus). $429,817 is the amount approved for the FY 1996-97 budget for state operating assistance. An additional $1,000 is set aside as training funds. The contract becomes effective on the final date of execution by the State's Director of Public Transportation and shall terminate on August 31, 1997. These state funds, along with Federal grant funds ($2,396,800), local matching funds ($1,443,383) and other local operating revenue ($700,000) will pay for Citibus' operating, capital and planning costs, including grant administration. The City incurs no additional costs due to accepting this grant. Citibus recommended the approval of Contract No. 517-XXF- 6016. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5258 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution No. 5259 authorizing the Mayor to execute an application for a grant, under the Department of Transportation Federal Transit Act, as amended, to provide capital, operating and technical studies assistance. RESOLUTION NO.5259 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 application for a grant, under the Department of Transportation, Federal Transit Act, as amended, to provide for capital projects for the period October 1, 1996 through September 30, 1998 and operating assistance for the period beginning October 1, 1996, and technical studies for the period October 1, 1996 through September 30, 1997, which shall be spread upon the minutes of 510 City Council Minutes September 10, 1996 Page 511 the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September, 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the grant application for capital projects under the Federal Transit Act is filed with Resolution 5259. According to staff memo, this action will authorize the Mayor to execute an application for U.S. Department of Transportation grant funds. These funds would be for: Operating Assistance: $1,700,000 Federal $1,700,000 Local Capital Assistance: $640,000 Federal $160,000 Local Technical Assistance: $56,800 Federal $14,200 Local The approved City of Lubbock FY 96-97 budget provides $879,200 toward the local match required for these grants. The total local match is comprised of City funds ($879,200), State Public Transportation Funds ($430,817) and local operating revenue ($564,133). The total local match is $1,874,200 and the total Federal grant is $2,396,800. The total of these funds along with other operating revenue ($700,000) will pay for Citibus' operating, capital and planning costs — including grant administration. Citibus recommended the approval of this grant application. 511 City Council Minutes September 10, 1996 Page 512 Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5259 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider Resolution No. 5260 authorizing the Mayor to execute a joint funding agreement with the United States Department of the Interior - Water Resources Division of the Geological Survey. RESOLUTION NO. 5260 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Joint Funding for Water Resources Investigations, involving streamflow and water -quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement for Joint Funding for Water Resources Investigations is filed with Resolution 5260. According to staff memo, the City has participated in this agreement since the mid- 1970's in order to acquire data on the quantity and quality of water near the Lake Alan Henry Reservoir site. This data station is scheduled to have an equipment upgrade this year. The new equipment will beam this information to an Austin mainframe via satellite. This information will be updated every four hours and the City will have access to the data over the internet. To fund the agreement for the current year the City would be responsible for $13,888. This represents a cost increase of just 512 City Council Minutes September 10, 1996 Page 513 over three percent from the previous year cost. This sum would be billed to the City in October 1997. Based on the need for continuous water quality data on the inflow to Lake Alan Henry, Water Utilities staff recommended approval of this item and authorization of payment of the City's share at the appropriate time. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5260 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider Resolution No. 5261 authorizing acceptance of water and sanitary sewer improvements for Tract C, West Chase Addition, located east of Quaker Avenue and South Loop 289. RESOLUTION NO.5261 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT C, WEST CHASE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract C, West Chase 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 $34,446.63, with the improvements constructed by Western Builders having a value of $33,771.20, as determined by the unit prices established by said Chapter 28, and $675.43 cash paid to the City, with Dunaway Associates, Inc., the developer, to receive a refund of $ -0- 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-; 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- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $ -0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 513 City Council Minutes September 10, 1996 Page 514 Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities 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 $34,446.63 including value of construction costs of $33,771.20 and $675.43 cash paid to the City of Lubbock. The developer, Dunaway Associates, Inc., will not receive a refund and there is no refund of deposit. This development is located east of Quaker Avenue and South Loop 289 on the Wal-Mart site. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5261 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Consider Resolution No. 5262 authorizing acceptance of water and sanitary sewer improvements for Lots 1 through 41 and Tracts Cl and C2, Shadow Hills Villas Addition, located west of Frankford Avenue and north of 4th Street. RESOLUTION NO. 5262 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 41 AND TRACTS C1 AND C2, SHADOW HILLS VILLAS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 41 and Tracts C 1 and C2, Shadow Hills 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 514 City Council Minutes September 10, 1996 Page 515 WHEREAS, the total utility cost to the developer is $97,913.14, with the improvements constructed by United Contractors of America having a value of $96,052.83, as determined by the unit prices established by said Chapter 28, and $1,860.31 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Mike Thoma, the developer, to receive a refund of $12,055.37 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 $12,055.37 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. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities gig . • _ - : 61CIITo)" /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 $97,913.14 including value of construction costs of $96,052.83 and $1,860.31 cash paid to the City of Lubbock. The developer, Mike Thoma, will receive a refund of $12,055.37 in accordance with Chapter 28 of the Code of Ordinances. There is no refund of deposit. 515 City Council Minutes September 10, 1996 Page 516 This development is located west of Frankford Avenue and north of 4th Street. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5262 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) Consider Resolution No. 5263 authorizing the Mayor to execute a contract with the engineering firm of Fanning, Fanning & Associates, Inc., to provide architectural/engineering services for the renovation of Simmons Swimming Pool, located at 2300 Weber. RESOLUTION NO, 5263 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Engineering Services Agreement, attached herewith, by and between the City of Lubbock and Fanning, Fanning and Associates, Inc., for Mae Simmons Swimming Pool Renovations, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ John S. Webb John S. Webb, Park Development Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the contract by and between the City of Lubbock and Fanning, Fanning and Associates, Inc., for Mae Simmons Swimming Pool Renovations is filed with Resolution 5263. 516 City Council Minutes September 10, 1996 Page 517 According to staff memo, the Park Development section is overseeing a 1996 bond sale capital project that will renovate the swimming pool in Simmons Park. Renovations will include repairs to the filtration and circulation systems and the concrete decking and gutters, as well as renovations of the dressing and concession areas as construction funds allow. The project has a budget of $255,000. In July 1996, a selection committee was appointed by the Managing Director to analyze proposals for professional services for this project. In August 1996, the selection committee recommended that the engineering firm of Fanning, Fanning & Associates be used to provide the necessary services, and the City Council authorized Park staff to negotiate a contract. The results of that negotiation will provide basic engineering/architectural services for $15,000, and non -basic services for $5,000 for a total of $20,000 which is 7.84 percent of the total budget. Basic services include engineering/architectural design, production of drawings and specifications necessary to carry out City priorities of work, and construction inspection. Other services which are considered non -basic include inspection of Simmons Pool for needed repairs, evaluation of regulatory and compliance deficiencies, and the prioritization of the scope of work based upon available funding. The total amount paid is not to exceed $20,000. The pricing negotiated for basic services is within the standards which the City of Lubbock sets for engineering/architectural services, and the total price negotiated for basic and non -basic services is within the budget for professional services. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5263 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Consider Resolution No. 5264 authorizing the Mayor to execute a- contract with the Texas Department of Information Resources (DIR) to provide maintenance and usage charges for the Xerox printer. RESOLUTION NO, 5264 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, and all related documents, by and between the City of Lubbock and The Texas Department of Information Resources (DIR) to provide maintenance and usage charges for the Xerox printer. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 517 City Council Minutes September 10, 1996 Page 518 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning Tom Tuning, Managing Director of Information and Communications Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, the State of Texas, through the Department of Information Resources, contracts with vendors to provide maintenance and usage charges on computer equipment. Due to the volume of maintenance contracted in this way, the costs are considerably less than the City could contract for individually. This will provide the same local maintenance that has been used in the past. This contract will result in a 10 percent discount from the lowest cost available to the City alone. The contract with the State is for a period of three years at an annual cost of $35,398. This contract results in a $3,933 savings to the City. Information Services recommended the approval of this resolution. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5264 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Consider Resolution No. 5265 authorizing the Mayor to execute an agreement with Lubbock County for the City to provide laser imaging of jury summons. RESOLUTION NO.5265 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, and all related documents, by and between the City of Lubbock and Lubbock County for the City to provide laser imaging of Jury Summonses. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 518 City Council Minutes September 10, 1996 Page 519 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning Tom Tuning, Managing Director of Information and Communication Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Agreement to provide laser imaging of Jury Summonses to Lubbock County is filed with Resolution 5265. According to staff memo, the City has provided to Lubbock County the laser imaging of the County Juror Summons for the past three years. This contract increases the cost recovery charges relative to postage increases and allows the County to provide a data file instead of the current tape. The City receives $.075 per summons plus the actual postage charges based on pre-sort discount rates. The County receives the services of printing, folding, stuffing and mailing the summons. Approximately 40,000 summons are mailed annually. Information Services recommended the approval of this resolution. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5265 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Consider Resolution No. 5266 authorizing the Mayor to execute a contract with Compu-Share for the purchase of a Public Safety System computer. RESOLUTION NO.5266 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 Compu-Share for the purchase of a Public Safety System Computer. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 519 City Council Minutes September 10, 1996 Page 520 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning Tom Tuning, Director of Information and Communication Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Contract for and on behalf of the City of Lubbock and Compu-Share for the purchase of a Public Safety System Computer is filed with Resolution 5266. According to staff memo, the City of Lubbock is in need of replacing the police records computer system due to increased user demands. This contract will replace the current police records computer system, a VAX 4000 model 200, with an Alpha -server I OOOA. The Alpha -server I OOOA is 35 times faster than the current model, therefore allowing the Police Department to perform its tasks without delays and offer substantial growth potential. The Alpha -server IOOOA will also provide a more reliable computing environment with the use of RAID-5 data storage technology. By moving to a current technology the maintenance cost will be reduced by $31,500 over a period of three years. Staff recommended the approval of this resolution. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5266 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Consider Resolution No. 5267 authorizing the Mayor to execute an agreement renewing the C.A.R.E. Center contract for one year. RESOLUTION NO. 5267 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center") and the City of Lubbock, relating to the provision of services in investigations of child abuse 520 City Council Minutes September 10, 1996 Page 521 cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement relating to the provision of services in investigations of child abuse cases referred to the Center by the Police Department of the City of Lubbock is filed with Resolution 5267. According to staff memo, the City of Lubbock Police Department (LPD) has contracted with Texas Tech University Health Sciences Center School of Medicine, Department of Pediatrics Child Advocacy Research and Education Center (C.A.R.E.) for specialized forensic evaluation including medical evaluation, case review, consultation, professional training and other needed services for the investigation of child abuse cases. For this contract year through August, with one report month remaining, 53 cases were referred of which 21 resulted in exams; in addition to services which include speaking engagements, providing of expert witness testimony and courtroom testimony, and preparation for courtroom testimony have been provided at a total cost of $31,900. Last year, at this same time, a total of 13 cases had been referred of which 10 resulted in exams. The actual cost per case is $400, however, a minimum of $2,900 per month is paid to have services of C.A.R.E. available to support the Police Department Juvenile Division in the investigation and counseling and possible prosecution of child abuse cases. Considering the future implementation of a Child Advocacy Center in Lubbock, an alternate system of conducting examinations will be established. The Child Advocacy Center, when completed, 521 City Council Minutes September 10, 1996 Page 522 should have the facilities, equipment and staff to take over these responsibilities from the C.A.R.E. Center. The Advocacy Center should be fully operational by the end date of this proposed contract. Staff recommended this contract be renewed. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5267 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) Consider Resolution No. 5268 authorizing the Mayor to execute the necessary SFY 1997 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the Major Urban Resource Library (MURL) Grant Program. RESOLUTION NO. 5268 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 the necessary SFY 1997 contract documents and subsequent agreements with the Texas State Library and Archives Commission to support the Major Urban Resource Library (MURL) Grant Program. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Managing Director of Cultural & Leisure Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the contract with the Texas State Library and Archives Commisison to support the Major Urban Resource Library Grant Program is filed with Resolution 5268. According to staff memo, the Major Urban Resource Library (MURL) is a state funded grant program designed to improve library services provided by Lubbock City -County Library to the citizens of Lubbock and the surrounding 29-county area. The grant will provide for the purchase of approximately 1,265 volumes of 522 City Council Minutes September 10, 1996 Page 523 non-fiction materials, extending the scope and currency of the book collection of the Lubbock City -County Library. This program is fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City -County Library for implementation of the service program components. The City of Lubbock will receive compensation of 9.03 percent of direct charges to reimburse the cost of fiscal administration of the grant. The MURL grant Contract is for $23,496. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5268 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Consider Resolution No. 5269 authorizing the Mayor to execute a lease agreement with Simmons Airlines, Inc., dba American Eagle. RESOLUTION NO. 5269 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 Space Lease Agreement with Simmons Airlines, Inc. d/b/a American Eagle, attached herewith, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Space Lease Agreement with Simmons Airlines, Inc. is filed with Resolution 5269. 523 City Council Minutes September 10, 1996 Page 524 According to staff memo, on December 15, 1994, Simmons Airlines, Inc., dba American Eagle, began operations at Lubbock International Airport replacing the service previously offered by American Airlines. At that time, American Airlines subleased their facility at the Airport to American Eagle. The City Council approved that sublease on July 13,1995. In addition to the American Airlines facility, however, American Eagle required additional office space. In order to allow Eagle to operate, the Department of Aviation allowed them to occupy the additional space until such time as the final lease was approved. During this period, Eagle has paid rent at the rate proposed in their agreement. The annual rental rate for this agreement is $13.56 per square foot for a total of $7,038.00 per year. This agreement leases 348 square feet for two offices located on the apron level of the terminal, and 171 square feet on the second floor of the terminal. The term of the agreement is retroactive to the 15th day of December 1994, and will expire on the 30th day of September 1999, the same day as the expiration of the master lease. The staff and Airport Board recommended approval of the resolution. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5269 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Consider Resolution No. 5270 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Women's Protective Services, Inc., to provide funding from the Emergency Shelter Grant for Operations. RESOLUTION NO.5270 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, and all related documents, by and between the City of Lubbock and the Women's Protective Services to provide funding from Emergency Shelter Grant Program funds for provision of essential service sand homeless prevention. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 524 City Council Minutes September 10, 1996 Page 525 Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Agreement with Women's Protective Services to provide funding from Emergency Shelter Grant Program is filed with Resolution 5270. According to staff memo, funding for this Agreement was approved by the City Council at the July 11, 1996, meeting. These funds were reallocated from the 1995-96 Emergency Shelter Grant funds in the amount of $12,800.00 to Women's Protective Services, Inc. These funds are to be utilized for operation of the Women's Protective Services Shelter to pay rent, insurance, utilities, maintenance costs and vehicle fuel and mileage. The projected number of unduplicated units expected to be served is 5,000 women and children. Staff recommended the approval of this resolution. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5270 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Consider Resolution No. 5271 authorizing the application of the South Plains Housing Finance Corporation Single Family Revenue Bonds, Series 1996A Mortgage Program to Single Family Homes within the City of Lubbock. RESOLUTION NO.5271 WHEREAS, the Texas Housing Finance Corporations Act, Section 394.001 et seq., Texas Local Government Code as amended (the "Act"), enables any city, town or county, individually or jointly, of the State of Texas to authorize the creation of a housing finance corporation as a public nonprofit corporation and instrumentality thereof to exercise and carry out the public purposes and powers with which it is invested by the Act and its Articles of Incorporation, including the power to issue its obligations for the purpose of acquiring from mortgage lending institutions home mortgages made to low and moderate income persons with respect to owner -occupied residences located within such city, town or county or group thereof; and 525 City Council Minutes September 10, 1996 Page 526 WHEREAS, by appropriate resolution, the Commissioners Court (the "Governing Body") of Lubbock County, Texas (the "County") has authorized the incorporation of South Plains Housing Finance Corporation ("Corporation") in accordance with the provisions of the Act; and WHEREAS, the Corporation has been incorporated in accordance with the resolutions of the Governing Body and the provisions of the Act; and WHEREAS, the Corporation has determined to implement a program in accordance with the purposes of the Act, to assist persons of low and moderate income to afford the costs of acquiring and owning decent, safe and sanitary housing within the South Plains Association of Governments area, including Lubbock County through the issuance of its South Plains Housing Finance Corporation Single Family Revenue Bonds, Series 1996A to fund its 1996 Mortgage Program (the "Program"); and WHEREAS, pursuant to Section 394.005 of the Act, the Program cannot apply to property located within a municipality with more than 20,000 inhabitants unless the governing body of the municipality approves the application to the property; and WHEREAS, the City of Lubbock has more than 20,000 inhabitants and the City Council believes that it would be advantageous to the residents of the City of Lubbock to have the Program apply to single family homes within the City of Lubbock; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby approves the application of Chapter 394 of the Texas Local Government Code to property within the City of Lubbock with respect to the South Plains Housing Finance Corporation Single Family Revenue Bonds, Series 1996A Mortgage Program and any future single family mortgage programs of the Corporation. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Managing Director, Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice According to staff memo, the Lubbock Housing Finance Corporation (LHFC) acting as program administrator requested approval of a resolution which allows South Plains Housing Finance Corporation (SPHFC) to fund its 1996 Mortgage Program to be applicable to property within the City of Lubbock. 526 City Council Minutes September 10, 1996 Page 527 The total bond issuance for SPHFC, not to exceed $18 million, would make funds available to assist people of low -moderate income acquire decent, sanitary single-family homes within the fifteen county South Plains Association of Governments area, including the City of Lubbock. LHFC would issue subordinate bonds to pay the cost of issuance for the SPHFC Single Family revenue Bonds. All except cost of issuance will go for homes in Lubbock. The Texas Housing Finance Corporations Act of the Texas Local Government Code allows cities, counties or towns to authorize the creation of a housing finance corporation as a public nonprofit corporation to carry out public purposes which include the power to issue bonds to make funds available through mortgage lending institutions to people of low -moderate income to purchase owner - occupied single-family residences. The South Plains Housing Finance Corporation, whose incorporation was authorized by the County Commissioners' Court and established in 1982, is implementing a 1996 Mortgage Program to assist moderate and low income people within the South Plains Association of Governments 15-county area. Under the Act governing housing finance corporations, the mortgage program cannot apply to property located within a municipality having more than 20,000 population unless the governing body approves. Therefore, Council approval of the proposed resolution is required for the program funds to apply to single-family homes within the City of Lubbock for eligible City of Lubbock residents. LHFC Board of Directors supported this request and staff recommended approval. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5271 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (32.) Bid #13617--City of Lubbock Water Treatment Plant Improvements, and authorize same (Water Utilities). RESOLUTION NO. 5272 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, attached herewith, by and between the City of Lubbock and Red River Construction Company, Inc. of Plano, Texas, to install and furnish all materials and services as bid for the City of Lubbock Water Treatment Plant improvements, and any associated documents, which Contract 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. 527 City Council Minutes September 10, 1996 Page 528 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity 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 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this IOth day of September, 1996, 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 RED RIVER CONSTRUCTION COMPANY, INC. of the City of Plano, County of Collin, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13617 - CITY OF LUBBOCK WATER TREATMENT PLANT IMPROVEMENTS - $1,387,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 528 City Council Minutes September 10, 1996 Page 529 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/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Owner's Representative APPROVED AS TO FORM: /s/ Richard Casner City Attorney ATTEST: Corporate Secretary /s/ Vicki A. M. Porter CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: RED RIVER CONSTRUCTION COMPANY, INC. By: Dean Porter PRINTED NAME: Dean Porter TITLE: Chairman COMPLETE ADDRESS: Red River Constructin Company, Inc. 1506 Capital Avenue Suite 200 Plano, Texas 75074 Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5272 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. -- (33.) Bid #13632--Dry Pipeline Boring, and authorize same (Water Utilities). RESOLUTION NO. 5273 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, attached herewith, by and between the City of Lubbock and Donald Haines Company, of Perryton, Texas, to install and furnish all materials and services as bid for the Dry Pipeline Boring, and any associated documents, which Contract 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. 529 City Council Minutes September 10, 1996 Page 530 Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity 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 § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of September, 1996, 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 DONALD HAINES COMPANY of the City of Perryton, County of Ochiltree, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13632 - DRY PIPELINE BORING - $23,680.00 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 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 530 City Council Minutes September 10, 1996 Page 531 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. F.-W11ck,11 /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM /s/ Michael E. Murphy CONTRACTOR: Owner's Representative DONALD HAINES COMPANY APPROVED AS TO FORM: By: Donald W. Haines /s/ Don Vandiver City Attorney PRINTED NAME: Donald W. Haines TITLE: Owner ATTEST: COMPLETE ADDRESS: Corporate Secretary Donald Haines Company PO Box 258 Perryton, Texas 79070 Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5273 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (34.) Bid #13633--Lewis Park Athletic Field Renovations, and authorize same (Parks & Recreation). RESOLUTION NO.5274 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, attached herewith, by and between the City of Lubbock and Wallace Sprinkler, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Lewis Park Athletic Field renovations, and any associated documents, which Contract 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. 531 City Council Minutes September 10, 1996 Page 532 Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity 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 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of September, 1996, 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, INC. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13633 - LEWIS PARK ATHLETIC FIELD RENOVATIONS- $691,162.00 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 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 532 City Council Minutes September 10, 1996 Page 533 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/ Harold Willard Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Sharla Wallace CITY OF LUBBOCK, TEXAS (OWNER-) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: WALLACE SPRINKLER, INC. By: Tracy Wallace PRINTED NAME: Tracv Wallace TITLE: President COMPLETE ADDRESS: Wallace Sprinkler, Inc. 4210 97th Place Lubbock, Texas ;79423 Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5274 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (35.) Bid #1365 1 --Floating Dock System (Park Development). Experplay, Inc. --Total bid. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (36.) Bid 413657--Lease of Air Seed Drill (Land Application Site). Abilene Ag New Holland, Inc. --Total bid. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (37.) Bid #13660--Pesticides (Vector Control). B & G Chemicals & Equipment Company --Total bid. _ Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (38.) Bid 413687--Network Protectors (Electric Distribution). 533 City Council Minutes September 10, 1996 Page 534 Cutler -Hammer --Total bid. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (39.) Bid #13693--Replacement Parts for GE LM2500 Gas Turbine (Electric Production). Stewart & Stevenson Technical Services, Inc. --Total bid. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (40.) ORDINANCE NO.9938--Zone Case No. 2780 (south of 98th Street between Utica and Vicksburg) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from R-1 to R-1 Specific Use (to allow a 20-foot front setback) on a tract out of Section 16, Block E-2. ORDINANCE NO.9938 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2780; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING TO ALLOW A 20 FOOT FRONT SETBACK ON A TRACT OUT OF SECTION 16, 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 Sitton to approve Ordinance No. 9938 on second and final reading as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Neugebauer excused and recused himself from any discussion and voting on this item. (41.) Continue a public hearing for Energas Rate Request. City Manager Bob Cass recommended that action on this item be continued to the next City Council meeting. Motion was made by Councilmember Ince, seconded by Councilmember Patterson that this item be continued until the next Regular City Council Meeting as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (42.) Consider Resolution No. 5275 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an application to the Department of Housing and Urban Development (HUD) for an Economic Development Initiatives (Homeownership Zone) Grant and a companion Community Development Section 108 Loan for the Parkway/Cherry Point neighborhood area and all related documents. 534 City Council Minutes September 10, 1996 Page 535 RESOLUTION NO. 5275 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 Application to the Department of Housing and Urban Development (HUD) for an Economic Development Initiatives (Homeownership Zone) Grant and a companion Community Development Section 108 Loan for the Parkway/Cherry Point neighborhood area, and all related documents. Said Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director, Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Application to the Department of Housing and Urban Development for an Economic Development Initiatives Grant and companion Community Development Section 108 Loan for the Parkway/Cherry Point neighborhood area is filed with Resolution 5275. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5275 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (43.) Consider Resolution No. 5276 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock an application to the Department of Housing and Urban Development (HUD) for an Economic Development Initiatives Grant and a companion Community Development Section 108 Loan for the refurbishment of the Pioneer Hotel and all related documents. RESOLUTION NO.5276 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 Application for an 535 City Council Minutes September 10, 1996 Page 536 Economic Development Initiatives Grant and a companion Community Development Section 108 Loan for the refurbishment of the Pioneer Hotel, and all related documents. Said Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InteriniCity Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director, Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Application for an Economic Development Initiatives Grant and companion Community Development Section 108 Loan for the refurbishment of the Pioneer Hotel is filed with Resolution 5276. A Notice of Fund Availability (NOFA) was published by the Department of Housing and Urban Development in the Federal Register dated July 16, 1996. HUD intends to award up to $50,000,000 in EDI grant funds nationwide. In addition to soliciting proposals that undertake traditional economic development projects, HUD is also soliciting proposals to undertake large-scale projects that would create Homeownership Zones — proposals designed to reclaim hard-pressed neighborhoods by creating homeownership opportunities for hard- working, low -and -moderate income families, and serving as a catalyst for private investment, business creation and neighborhood revitalization. Each applicant for an Economic Development Initiatives (EDI) grant must also submit a companion Section 108 Loan Guarantee application. The minimum proposed leveraged ratio of EDI grant to Section 108 loan is 1:1. In general, the most competitive proposals are expected to: Provide for significant Homeownership Opportunities (an application that includes at least 300 new, single-family homes will be presumed to meet this standard). Result in measurable, visible improvement in the neighborhood. Provide for a mix of incomes. 536 City Council Minutes September 10, 1996 Page 537 Leverage significant public and private resources. Establish extensive partnerships with businesses, lending institutions, real estate professionals, builders, religious entities and/or private non-profit organizations. Begin development within sixty days of grant approval, etc. Eligible activities include: Acquisition of improved or unimproved property Site preparation, construction, reconstruction or installation of public or other site improvements, utilities or facilities Housing rehabilitation Direct homeownership assistance, etc. Traditional job creation, Economic Development projects The Parkway/Cherry Point Homeownership Zone application meets all the requirements of the Notice of Fund Availability. The Pioneer Hotel proposal represents a traditional economic development project, which requires job creation at a maximum rate of one job for every $50,000 expended. The Pioneer Hotel application also meets all of the requirements of the Notice of Fund Availability. The EDI grant application must be submitted to HUD by September 17, 1996. Staff needs City Council approval to submit either, or both, applications. However, Council members should be reminded that submitting an application to HUD does not commit the Council to signing a contract with HUD to accept the funds. Staff is currently working with several groups to determine the feasibility of applying for these funds and would like permission from the Council to continue the application process. If any time staff find that either, or both, of these projects are not financially feasible, staff can withdraw either, or both, applications. If either, or both, projects are financially feasible, staff would then submit either, or both, applications to HUD for consideration. Motion was made by Councilmember Sitton, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5276 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (44.) Consider a resolution supporting dual certification of Lubbock Power & Light and Southwestern Public Service to each utility's certificated area of electric service within the State of Texas. This item was deleted from the agenda. (45.) Consider Resolution No. 5277 authorizing acceptance of water and sanitary sewer improvements for Remington Park Addition Lots 224 through 281 and Tract B, located southwest of 68th Street and Albany Avenue. 537 City Council Minutes September 10, 1996 Page 538 RESOLUTION NO. 5277 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 224-281 AND TRACT A, REMINGTON PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 224-281 and Tract A, Remington Park 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 $98,685.67, with the improvements constructed by United Contractors of America having a value of $77,255.25, as determined by the unit prices established by said Chapter 28, and $21,430.42 cash paid to the City, which amount includes $19,626.45, cash for adjacent lines, with Lubbock Land Company, 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. 538 City Council Minutes September 10, 1996 Page 539 Passed by the City Council this loth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities 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 $98,685.67 including value of construction costs of $77,255.25 and $21,430.42 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will not receive a refund and there is no refund of deposit. This development is located southwest of 68th Street and Albany Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5277 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Neugebauer excused and recused himself from any discussion and voting on this item. (46.) Consider one appointment to the Lubbock Housing Finance Corporation Board of Directors. Motion was made by Councilmember Ince, seconded by Councilmember Neugebauer to reappoint Carlos Thornton to the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 6 Yeas; 0 Nays. (47.) Consider three appointments to the Mental Health and Mental Retardation Board of Trustees. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to reappoint Wayne Hollingshead and Brian Shannon and to appoint Camilo Martinez to the Mental Health and Mental Retardation Board of Trustees. Motion carried: 6 Yeas; 0 Nays. 539 City Council Minutes September 10, 1996 Page 540 (48.) Consider two appointments to the Mental Health and Mental Retardation Public Responsibility Committee. Motion was made by Councilmember Neugebauer, seconded by Councilmember Sitton to reappoint Jay Matsler to the Mental Health and Mental Retardation Public Responsibility Committee. The Council declined to make a second appointment at this time. Motion carried: 6 Yeas; 0 Nays. (49.) Consider a resolution authorizing the Mayor to execute a supplemental grant agreement by and between the City of Lubbock and Market Lubbock, Inc. This item was deleted from the agenda. (50.) Consider Resolution No. 5278 authorizing the Mayor to execute Amendment #2 to the management service agreement with Bob Cass. RESOLUTION NO. 5278 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 No. 2 to Management Service Agreement, attached herewith, by and between the City of Lubbock and Bob Cass, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of Amendment No. 2 to Management Service Agreement and Bob Casss is filed with Resolution 5278. During the annual review of the City Manager, Council agreed to extend the current severance package from eight months to twelve months. Staff recommended approval of this resolution. 540 City Council Minutes September 10, 1996 Page 541 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5278 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (51.) Consider Resolution No. 5279 authorizing the Mayor to execute contracts with the firms of Denton, McKamie & Navarro and Hilgers & Watkins to represent the City of Lubbock in legislative affairs. RESOLUTION NO. 5279 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract and all related documents by and between the City of Lubbock and Hilgers & Watkins, P.C., and Denton, McKamie & Navarro, P.C., to provide consulting, counseling and legislative services for the City of Lubbock from September 10, 1996, to December 31, 1997, subject to an additional option period of January 1, 1998, through December 31, 1999, and if said option is exercised, the contract may continue for successive (2) two year periods, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 Oth day of September 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Professional Services Contract with Hilgers and Watkins, P.C., and Denton, McKamie & Navarro, P.C. is filed with Resolution 5279. Solicitation of proposals began the process in February of 1996. Members of the legislative committee have reviewed 21 bids for legislative services. Initially, nine of them were rejected and three of them were Washington DC (federal) proposals. Staff did extensive research on the nine remaining for our Texas representation. Due to the research and either conflicts of interest or potential conflicts, the joint proposal proved to be the most advantageous to the city. Among the items considered, priority was given to pricing, experience and contractual obligations. Staff recommended a joint proposal from the firm of Denton, McKamie & Navarro and Hilgers & Watkins. This happens to be 541 City Council Minutes September 10, 1996 Page 542 less than the amount budgeted by $10,000, thus allowing funding for potential travel related to legislation. Randy Cain (DMN) and Susan Rocha (HW) will be the two individuals that staff will be working with. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5279 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (52.) Consider Resolution No. 5280 accepting resignation from Mayor David R. Langston. RESOLUTION NO.5280 WHEREAS, David R. Langston has submitted his resignation as Mayor of the City of Lubbock; and WHEREAS, during his tenure as Mayor, David R. Langston has distinguished himself as a leader in the community and in City government by virtue of his tireless efforts, his dedication, and his commitment to excellence; and WHEREAS, the City of Lubbock and West Texas have benefited and will sincerely miss his stewardship and advocacy for the betterment of the community and the region; NOW, THEREFORE, the City Council does, with deepest regrets, hereby accept the resignation of Mayor David R. Langston and, in so doing, bids farewell to a fine leader, colleague, and friend. Passed by the City Council this 1 Oth day of September 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Harold Willard Harold Willard, InterimCity Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney On Thursday, September 5, 1996, Mayor David R. Langston presented his letter of resignation to the City Secretary's Office. This resolution formally accepts that resignation. The language of the resolution reflects an appreciation of David R. Langston's commitment and efforts in the community during his 542 City Council Minutes September 10, 1996 Page 543 tenure as Mayor. Likewise, the resolution states that it is with regret that they accept the resignation of their colleague and friend. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5280 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (53.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager and City Secretary). (54.) 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). (55.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Right -of -Way). (56.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Appointments Advisory Board Board of Health Building Board of Appeals Community Development Advisory Committee Community Services Commission Neighborhood Certification Committee Permit and License Appeal Board Public Transit Advisory Board Urban Design & Historic Preservation Commission #42 543 City Council Minutes September 10, 1996 Page 544 There being no further business to come before Council, motion was made by Councilmember Ince, seconded by Mayor Pro Tern Cooke to adjourn the meeting at 11:24 a.m. Motion carried: 6 Yeas; 0 Nays. DAVID R. N STON, MAYOR ATTEST: 11 la4'06 �a/ - arold Willard, Interim City Secretary Read and approved this 1 Oth of March 1997. IXA A d:�l I DAVID R. tANOSTON, MA OR ATTEST: Haro d Willard, Interim City Secre ary 544