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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/10/1996City Council Minutes October 10, 1996 Page 579 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 10, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the loth day of October 1996, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Mayor Pro Tem Cooke called the meeting to order at 10:12 A.M. ( 1.) The Invocation was given by Bishop Placido Rodriguez, Roman Catholic Diocese of Lubbock. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Board Appointments ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the September 26, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (5.) ORDINANCE NO. 9942--Amending the Zoning Code related to tower and antenna locations within the city. ORDINANCE NO. 9942 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS AS CODIFIED IN CHAPTER 29 OF THE CODE OF ORDINANCES, WITH REGARD TO SITING, CO -LOCATION AND OTHER STANDARDS FOR TELECOMMUNICATIONS ANTENNAS AND TOWERS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9942 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (6.) ORDINANCE NO. 9943--Zone Case No. 2782 (parking lot on NE corner of 22nd Street and Nashville Avenue - 3810 22nd Street) --Request of Lubbock Radio Paging Service, Inc. (for Saint Mary of the Plains Hospital) for a zoning change from AM to AM Specific Use (for a communications tower) on a portion of Lot 9, Block 1, Jim Floyd Addition. 579 City Council Meeting October 10, 1996 Page 580 ORDINANCE NO.9943 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2782; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON A PORTION OF LOT 9, BLOCK 1, JIM FLOYD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance No. 9943 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 7.) Consider 1996-97 Science Spectrum Budget. According to staff memo, each year, the Science Spectrum budget is presented to the Council as a matter of information. Although no Council action is required, the City of Lubbock does have a vested interest in the continued successful operation of the Science Spectrum. The Science Spectrum has met its payment schedule to the City of Lubbock for a total of $200,000 per year. Under Article 5, Section 14 of the Land Acquisition and Management Agreement, the Science Spectrum shall present to the City Council its annual budget for the Exhibition Hall/Auditorium for approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the budget as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) Consider Resolution No. 5297 authorizing acceptance of water and sanitary sewer improvements for Oak Terrace Addition, Lots 66 through 129, located north of 98th Street and east of University Avenue. RESOLUTION NO. 5297 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 66 THROUGH 129, OAK TERRACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 66 through 129, Oak Terrace 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 $76,504.82, with the improvements constructed by Utility Contractors of America having a value of $53,186.05, as determined by the unit prices established by said Chapter 28, and $23,318.77 cash paid to the City, which amount includes $22,255.50 cash for adjacent lines, with Truett Craft, the developer, to receive a refund of $21,247.21 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 580 City Council Meeting October 10, 1996 Page 581 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 $21,247.21 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 10th day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 $76,504.82 including value of construction costs of $53,186.05 and $23,318.77 cash paid to the City of Lubbock. The developer, Truett Craft, will receive a refund of $21,247.21 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This development is located north of 98th Street and east of University Avenue. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5297 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 581 City Council Meeting October 10, 1996 Page 582 (9.) Consider Resolution No. 5298 authorizing the Right -of -Way Department to make an offer to Delia F. Schofield for a tract of land in Section 4, Block O, Lubbock County (2707 East Broadway). RESOLUTION NO. 5298 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to wit: for a fire station, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: BEING A TRACT OF LAND OUT OF THE NORTHEAST QUARTER (NE/4) OF SECTION FOUR (4), BLOCK O, ABSTRACT NUMBER 895, LUBBOCK COUNTY, TEXAS, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING a 1 " iron pipe in the North right -of-way line of State Highway No. 24, North 8 7 " 10' East 60.7 ft. from a concrete right-of-way marker at the beginning of a curve, which iron pipe is the Southeast corner of the Webster tract and is 52.6 ft. North and 200 ft. East of the Southwest corner of the Northeast quarter (NE/4) of Section 4, Block O, Lubbock County, Texas; THENCE North, along the East line of the Webster tract 377.4 ft. to a large iron pipe at the Northeast corner of the Webster tract, which is also the Northwest corner of this tract; THENCE East 105 ft. to a 1'/4" iron pipe the Northwest corner of this tract; THENCE South 366.85 ft. to a 11/4" iron pipe the North right-of-way line of State Highway No. 24, the Southeast corner of his tract; THENCE in a Southwesterly direction around the curve in the right-of-way line of State Highway No. 24, a distance of 105.7 ft. to the place of beginning. SECTION 2. THAT the owner of said tract being Delia F. Schoffield, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $8,000.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for the public purposes and municipal purposes. 582 City Council Meeting October 10, 1996 Page 583 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section According to staff memo, the northeast corner of East Broadway and Zenith Avenue is the site for a new fire station. This site is made up of three tracts of land with two owners. One of these owners, Delia Schofield, owns a .903 acre tract of land. This tract of land measures 105 feet east to west by 374 feet north to south and is on the tax roll for approximately $6,000. She priced it at $9,000 and the Right -of -Way Department offered her the tax value of $6,000, and suggested having an appraisal of the property done to indicate its market value, which would cost about $2,200. To save the cost of the appraisal, the Right -of -Way Department made an offer of $8,000 for the property, which Ms. Schofield accepted. The Right -of -Way Department was able to talk the owner of the other two tracts of land into donating their property which contains 1.322 acres and is on the tax roll for $8,633.00. The staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5298 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) Consider Resolution No. 5299 adopting policies and guidelines in the management of artifacts and memorabilia of the Buddy Holly Collection. RESOLUTION NO. 5299 WHEREAS, the City of Lubbock has heretofore acquired the Buddy Holly memorabilia; and WHEREAS, the City of Lubbock received professional advice with regard to the care, preservation and display of such items of historical and social interest from Southwest Museums Services (SMS); and 583 City Council Meeting October 10, 1996 Page 584 WHEREAS, SMS has recommended that policies and guidelines pertaining to the care, preservation and display of such items be adopted by the City of Lubbock; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to adopt Policies and Guidelines for the management of the Buddy Holly memorabilia and such other items of historical and social significance as the City may now possess or acquire in the future; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and adopts the attached Policies and Guidelines for the management of the Buddy Holly memorabilia and other objects of historical or social significance that the City of Lubbock possesses or may acquire in the future, which Policies and Guidelines are attached hereto as Exhibit A and made a part of this Resolution as if copied herein in detail. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, the City of Lubbock contracted with Southwest Museum Services (SMS) in April 1996 to complete recommendations on policies and guidelines for the care, preservation and management of the Buddy Holly memorabilia. Phase I of the Master Plan was recently completed by SMS. Phase II of the plan will begin in October, and in addition to completing an extensive design of the permanent exhibition, staff will launch the following initiatives: All of the artifacts will be evaluated by a professional conservator and recommendations for preservation will be developed; A series of publicity photographs will be produced to be used as promotional tools and will be distributed to the media and those agencies working to promote Lubbock and the collection; 584 City Council Meeting October 10, 1996 Page 585 Research will begin on all of the artifacts, particularly the photographs and any copy -write issues that will impact their reproduction for research, exhibition, and promotional purposes. The guidelines for management of the collection are particularly important given the condition of some of the photographs and paper items in the collection. The artifacts, documents and photographs that make up the collection of the Buddy Holly memorabilia are non-renewable resources and their preservation is a primary concern. Policies that are consistent with professional museum standards will provide staff with guidelines in the care and management of these items and will lay the groundwork for seeking future accreditation from the American Association of Museums. Access to the collection for research and promotional purposes will be strictly regulated by policies that consider the highest standards of professionalism. The guidelines will establish a mechanism for promoting the City, and its efforts to house the collection, while recognizing that the unconditional exposure to light and handling is potentially harmful to the artifacts. The policies will provide guidelines for the following areas: Acquiring future memorabilia and artifacts. Because of the responsibility inherent in assuming ownership of artifacts, guidelines will ensure that staff does not acquire objects that are not relevant to our mission and for which staff cannot provide proper care. Deaccessioning items from the collection. This policy will provide the strictest guidelines on removing items from the collection and will establish the criteria for such removal. Donations of memorabilia. This policy will establish a mechanism for receiving gifts or donations of artifacts to ensure that they are received unencumbered. Loan of artifacts. This policy will establish guidelines for borrowing items from other institutions or individuals. Care of collections. This policy establishes the mechanism for the documentation and preservation of the collection. Public access to the collection. This policy regulates access to the artifacts. The collection is held in trust for the public and every reasonable attempt should be made to maintain the highest standards in the interpretation and care of the collection. Until the condition of the artifacts has been evaluated and a conservation plan developed, access to the collection should be restricted. Registration of the artifacts. This policy establishes the method for developing and maintaining a descriptive record of the collection and any items on loan. The recommended policies clarify professional standards regarding the objects in our care. The protection of the collection is a 585 City Council Meeting October 10, 1996 Page 586 primary responsibility and establishing policies on collections management is crucial in recognizing and accepting those duties. Staff recommended the approval of this resolution on policies and guidelines for the Buddy Holly collection. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5299 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Resolution No. 5300 authorizing the City Manager to execute an approved grant from the Office of Economic Adjustment for Reese Redevelopment. RESOLUTION NO.5300 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant from the Federal Office of Economic Adjustment and all related documents for documents for Federal Assistance for the Lubbock/Reese Redevelopment Authority, which approved grant 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 October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Managing Director of Strategic Planning APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, on July 22, 1995, the City Council approved a grant application to the Office of Economic Adjustment (OEA) in the amount of $175,000. This grant requires a 25 percent local match of which 10 percent must be in cash. These funds were originally established to support the Lubbock/Reese Redevelopment Plan as well as office staff, travel, and related costs. A grant amendment was approved by OEA in April 1996 for $427,624. These dollars were used primarily for the land use 586 City Council Meeting October 10, 1996 Page 587 consultant developing the Comprehensive Reuse Plan for Reese Air Force Base. Phase I of this plan has been completed. This grant request to OEA was approved on September 27, 1996, as a new grant rather than an amendment to the original grant. The amount of this grant is for $207,003 of which $155,250 is federal monies. The local match will be coming from the dollars already appropriated by the City Council in FY 1995-96. Lubbock County has also contributed an additional $15,000 to the redevelopment efforts. The purpose of this grant is to fund two new positions and the remaining administrative costs for the project through September 30, 1997. The LRRA has reviewed and recommended the execution of this grant from the Office of Economic Adjustment. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5300 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider a resolution authorizing the Mayor Pro Tem to execute a contract with the Texas Department of Health to provide preventive, health promotion and direct services in the areas of Epidemiology, Immunizations, Tuberculosis Control, Milk and Dairy Testing, Sexually Transmitted Diseases, Cancer Prevention Activities and HIV/AIDS Surveillance. This item was deleted from the agenda. (13.) Consider a resolution authorizing the Mayor Pro Tem to execute a resolution approving the City of Lubbock's Legislative Package for the 1997 75th Legislative session. According to staff memo, every two years, Council members decide what legislative agenda the city should pursue when State Lawmakers meet in January. In an effort to improve monitoring efforts on legislative items at the State level, the City of Lubbock has hired Hilgers & Watkins (Randy Cain) and Denton, McKamie & Navarro (Susan Rocha) for legislative services. In addition to acquiring legislative consulting services, the City of Lubbock has assembled a legislative team. Prioritization of legislative proposals is based on the history of legislation in previous sessions. Additionally, our state legislative consultants recommended that staff focus our resources on those bills that have a better opportunity to be successful. Each legislative item will have a unique consequence for the City of Lubbock should the bill pass or fail. The legislative bills have been segregated into three different categories: TML supported legislative bills which the City also supports, priorities for the City of Lubbock, and supplemental issues that staff will monitor that are not considered top priority at this time. Pursuant to Council directive, the City of Lubbock is working diligently to take a proactive approach to legislative proposals in the 1997 75th Legislative Session. 587 City Council Meeting October 10, 1996 Page 588 It was the consensus of Council to delete this item from the agenda at this time. (14.) Consider Resolution No. 5301 authorizing the Mayor Pro Tem to execute a "Cops More `96" grant application with the United States Department of Justice. RESOLUTION NO.5301 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 a grant application and any related documents with the United States Department of Justice to fund in part five (5) non -civil service positions and transcription technology for the Lubbock Police Department, 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 10th day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken Walker Ken Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this grant is designed to allow increased community oriented policing activities by sworn officers. It accomplishes this by using civilians to perform some duties now done by sworn personnel and by using technology to make utilization of time more efficient. Staff proposes to meet the goals of the grant with two projects: Hire five civilians to take crime and incident telephone reports from citizens who have been victimized, approximately 20 percent of the reports officers are now being sent to take. If staff hire these civilians, the police response will be different. The citizen will be asked if he/she wants to see an officer or if he/she would be willing to have the report taken over the City Council Meeting October 10, 1996 Page 589 telephone. If the citizen agrees to the telephone report, a trained civilian employee will determine if a crime has been committed and will then ask the appropriate questions to complete the report. The report is entered directly into the computer. No car is dispatched and the sworn officer remains available to attend to other duties. Provide technology to allow officers to immediately telephone reports to the police department rather than hand write them. These projects will allow the City the equivalent of six additional officers over the course of one year to use for community oriented policing activities. These activities would include: Looking at repeat calls for service to identify problems or hot spots. Working with neighborhood residents to identify and prioritize crime problems. Addressing conditions that lead to crime. Working with local governmental/community agencies to address crime and disorder problems. Attending community meetings. Helping coordinate neighborhood watch groups. Working with businesses to address crime problems. Training officers/citizens in community policing. Conducting crime prevention workshops/disseminating information on ways to prevent crime. The City may apply for renewal of the grant for up to two years after the initial one year grant period to cover personnel costs. Expenses: 1997 1998 1999 2000 Personnel $118,332 $118,332 $118,332 $118,332 Capital 65,000 0 0 0 Total $183,332 $118,332 $118,332 $118,332 Revenues: Federal Grant$137,499 88,749 88,749 0 Seized Funds 45,883 29,583 29,583 0 Total $183,332 $118,332 $118,332 $118,332 * First year cost to City is $45,883. * Cost to City over three years is $105,049. 589 City Council Meeting October 10, 1996 Page 590 Since local funds are from seized drug money there will be no impact on the General Fund until after the third year should this program prove effective and the decision be made to continue it. Subsequent years personnel costs would need to come from the General Fund. If staff were able to hire five additional officers it would cost the City approximately $350,000 for the first year. Hiring five civilians and purchasing the telephone reporting system will cost $45,883 the first year. At the end of the third year, the City will need to assess the impact of the civilian positions and either pick up the yearly cost of the civilians ($118,332) in the General Fund or dismantle the unit. The Police Department recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5301 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution No. 5302 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Early Learning Centers of Lubbock, to provide funding from the Community Development Block Grant for a Child Care Fee Assistance Program. RESOLUTION NO.5302 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Early Learning Centers of Lubbock, and all related documents, to provide funding from the Community Development Block Grant for a Child Care Fee Assistance 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. 590 City Council Meeting October 10, 1996 Page 591 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Early Learning Centers of Lubbock is filed with Resolution 5302. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development Block Grant funds in the amount of $32,500 to Early Learning Centers of Lubbock. These funds are to be utilized to provide fee assistance for quality child care to low income families, especially single parent families, who are working or who attend school. Parents are required to attend parent education classes. This program will assist 40 children throughout the year. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5302 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Resolution No. 5303 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and YWCA of Lubbock, to provide funding from the Community Development Block Grant for the YW-Care Expansion Program and the YWCA Day Camp Program. RESOLUTION NO. 5303 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and YWCA of Lubbock, and all related documents, to provide funding from the Community Development Block Grant for the YW-Care Expansion Program and the YWCA Day Camp Program. Said Agreement is 591 City Council Meeting October 10, 1996 Page 592 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 October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with YWCA of Lubbock is filed with Resolution 5303. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development Block Grant funds in the amount of $ 50,133.50 to YWCA of Lubbock. These funds are to be utilized for funding the YW-Care Expansion Program, which provides an after school program for elementary age children at Harwell, Tubbs, and Wolfforth Elementaries. The program will focus on children who have been identified as low-income and high -risk. The YWCA Day Camp Program will provide day care in a camp setting for low income elementary -age children during the summer. Children will be recruited from Chatman Hill, Arnett Benson, and Harwell Neighborhoods. The number of children who will benefit from these programs will be 105. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5303 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution No. 5304 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Lubbock County Youth Center to provide funding from the Community Development Block Grant for the Gang Prevention Program. 592 City Council Meeting October 10, 1996 Page 593 RESOLUTION NO. 5304 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Lubbock County Youth Center, and all related documents, to provide funding from the Community Development block Grant for the Gang Prevention 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 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director, Health Department 9 t1fivi:01Kelall 9kI /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Funding Agreement with Lubbock County Youth Center is filed with Resolution 5304. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development Block Grant funds in the amount of $18,605 to the Lubbock County Youth Center. These funds are to be utilized for a new program which proposes to utilize prevention and intervention activities for youth who have known gang association and to finance alternative activities for these particular youth. This project proposes to target 40 youth from eligible neighborhoods and who are referred to the Juvenile Probation Department for offenses and develop more positive associations for those youth. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5304 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 593 City Council Meeting October 10, 1996 Page 594 (18.) Consider Resolution No. 5305 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Lubbock United Neighborhood Association to provide funding from the Community Development Block Grant for the LUNA Development Series Program. RESOLUTION NO. 5305 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Lubbock United Neighborhood Association, and all related documents, to provide funding from the Community development Block Grant for the LUNA Development Series 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 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Lubbock Untied Neighborhood Association is filed with Resolution 5305. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development Block Grant funds in the amounts of $ 14,778.50 to Lubbock United Neighborhood Association. These funds are to be utilized for the LUNA Development Series Program, which proposes to do the following for eligible neighborhood associations: train participants with the necessary skills for effective leadership necessary for effective neighborhood organizations and communication; train neighborhood newsletter editors to develop well -written and well -designed newsletters; provide educational seminars regarding neighborhood crime prevention. This program proposes to educate 500 participants. Staff recommended the approval of this resolution. 594 City Council Meeting October 10, 1996 Page 595 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5305 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution No. 5306 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and A.S.K. House for Women, Inc., to provide funding from the Emergency Shelter Grant for Renovations. RESOLUTION NO, 5306 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby authorized and directed to execute for an on behalf of the City of Lubbock an Agreement between the City of Lubbock and A.S.K. House for Women, Inc., and all related documents, to provide funding from the Emergency Shelter Grant for Renovations. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with A.S.K. House for Women, Inc. is filed with Resolution 5306. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated to A.S.K. House for Women, Inc., from the 1996-97 Emergency Shelter Grant funds in the amount of $27,370 for renovations. These funds are to be utilized for renovation of the facility at 1611 Avenue O. Renovation funds are to be used to rehabilitate the structure to bring it up to codes standards and accessibility standards. Annually, the facility services 75 females who are recovering from some type of substance abuse. Staff recommended the approval of this resolution. 595 City Council Meeting October 10, 1996 Page 596 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5306 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider Resolution No. 5307 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Women's Protective Services, Inc., to provide funding from the Emergency Shelter Grant for Essential Services. RESOLUTION NO. 5307 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Women's Protective Services, Inc., and all related documents, to provide funding from the Emergency Shelter Grant for Essential Services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Women's Protective Services, Inc. is filed with Resolution 5307. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Emergency Shelter Grant funds in the amount of $9,871.25 to Women's Protective Services, Inc. These funds are to be utilized for essential services by Women's Protective Services Shelter to pay for professional services, transportation and medical services. The projected number of unduplicated units expected to be served is approximately 5,000 women and children. These are individuals that are served per year through the residential and non-residential 596 City Council Meeting October 10, 1996 Page 597 programs. Our money will serve all of those individuals because these funds allow the facility to operate and grow. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5307 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider Resolution No. 5308 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Walker Houses, Inc., to provide funding from the Emergency Shelter Grant for Renovations and Operations. RESOLUTION NO. 5308 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Walker Houses, Inc., and all related documents, to provide funding from the Emergency Shelter Grant for Renovations and Operations. 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 loth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Walker House, Inc. is filed with Resolution 5308. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated to Walker Houses, Inc., from the 1996-97 Emergency Shelter Grant funds in the amounts of $6,800 for renovations and $5,000 for operations. These funds are to be utilized for renovation of the facility at 1614 Avenue K and will include replacement of carpet and exterior siding. The funds designated for operations will pay for utilities and phone service. 597 City Council Meeting October 10, 1996 Page 598 The projected number of unduplicated units expected to be served is 102 men who are recovering from some type of substance abuse. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5308 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Consider Resolution No. 5309 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Lakeside Service Center to provide funding from the Emergency Shelter Grant for Homeless Prevention. RESOLUTION NO. 5309 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Lakeside Service Center, and all related documents, to provide funding from the Emergency Shelter Grant for 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. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Lakeside Service Center is filed with Resolution 5309. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Emergency Shelter Grant funds in the amount of $2,208.75 to Lakeside Service Center. These funds are to be utilized for homeless prevention and will provide rent/mortgage assistance, utility assistance, food assistance 598 City Council Meeting October 10, 1996 Page 599 and medical assistance. The projected number of unduplicated units expected to be served (with these funds plus other funding) is 136 families in a year's time. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5309 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) Consider Resolution No. 5310 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Women's Protective Services, Inc., to provide funding from the Community Development Block Grant for Public Facility Infrastructure. RESOLUTION NO. 5310 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and Women's Protective Services, Inc., and all related documents, to provide funding from the Community Development Block Grant for Public Facility Infrastructure. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEN4 ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Women's Protective Services is filed with Resolution 5310. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development 599 City Council Meeting October 10, 1996 Page 600 Block Grant funds in the amount of $62,000 to Women's Protective Services, Inc. These funds are to be utilized for funding the new Women's Protective Services Shelter which provides shelter and transitional housing for individuals who are homeless due to family violence. The projected number of unduplicated units expected to be served is approximately 5,000 women and children. These are individuals that are served per year through the residential and non-residential programs. Our money will serve all of those individuals because these funds allow the facility to operate and grow. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5310 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Consider a resolution authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Community Housing Resource Board to provide funding from the HOME Investment Partnership Program Grant for Rental Housing Renovation and Human Resource Enrichment. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 HOME Investment Partnership Program funds in the amounts of $156,150 for rental housing renovation and $50,000 for human resource enrichment for the Community Housing Resource Board. These funds are to be utilized for the renovation of an eight -unit apartment complex located at 1010 and 1012 Avenue R that houses low to moderate income families. The human resource enrichment funds will be utilized for operating expenses, training and technical assistance. The projected number of unduplicated units (one unit equals one apartment) expected to be served by the renovation is 24 individuals. The number of unduplicated units expected to be served by the human resource enrichment is 250 individuals. Staff recommended the approval of this resolution. It was the consensus of Council to delete this item from the agenda at this time. (25.) Consider Resolution No. 5311 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and the Lubbock Housing Finance Corporation to provide funding from the Community Development Block Grant for the Lubbock Housing Initiative Program (Keys to Home Ownership). RESOLUTION NO.5311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and the Lubbock Housing Finance Corporation, and all related documents, to provide funding from the Community Development Block •11 City Council Meeting October 10, 1996 Page 601 Grant for the Lubbock Housing Initiative Program (Keys to Home Ownership). 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 IOth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Lubbock Housing Finance Corporation is filed with Resolution 5311. According to staff memo, funding for this agreement was approved by City Council at the July 11, 1996, City Council meeting. These funds were allocated from the 1996-97 Community Development Block Grant funds in the amount of $50,000 to the Lubbock Housing Finance Corporation. These funds will be utilized by LHFC in the Lubbock Housing Initiative Program to educate and promote homeownership and housing activities for low/moderate income persons and providers for the City of Lubbock. The projected number of homeowners to be increased is 225 and the projected number of telephone referrals/contacts is 5,000. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5311 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Consider Resolution No. 5312 authorizing the Mayor Pro Tem to execute an agreement between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation, to provide funding from the Emergency Shelter Grant for Renovations. 601 City Council Meeting October 10, 1996 Page 602 RESOLUTION NO. 5312 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tempore 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 City of Lubbock and the Lubbock Regional MHMR, and all related documents, to provide funding from the Emergency Shelter Grant for Renovations. 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 October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Community Development Funding Agreement with Lubbock Regional MHMR is filed with Resolution 5312. According to staff memo, these funds were allocated from the 1996-97 Emergency Shelter Grant funds in the amount of $8,000 to Lubbock Regional MHMR. Funds are to be utilized for the renovations of the Billy Meeks Center at 1601 Vanda, where transitional services (counseling, transitional living, treatment) for indigent persons diagnosed with chemical dependency and severe mental illness are provided. The program is expected to help 280 persons. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5312 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Bid #13628--Computerized Relay Test System (Electric Distribution). Computerized Relay Test System --Total bid. 602 City Council Meeting October 10, 1996 Page 603 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) Bid 913643--Disposal of Hazardous Waste (Various Departments). Various Departments—I Lot Disposal of Hazardous Waste for Park Maintenance; 1 Lot Hydrocarbon Recyclers, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Bid #13661--Microprocessor Controlled Rubber Goods Testing Equipment (Electric Distribution). Temple, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Bid #13675--Landfill Gas Remediation, and authorize same (Solid Waste). RESOLUTION NO. 5313 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 Westmar, Inc., of Whitesboro, Texas, and any associated documents, to install and furnish all materials and services as bid for the Landfill Gas Remediation, 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. 603 City Council Meeting October 10, 1996 Page 604 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this loth day of October, 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Mayor Pro Tern, thereunto authorized to do so, hereinafter referred to as OWNER, and WESTMAR, INC.of the City of Whitesboro, County of Grayson, 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 # 13675 - LANDFILL GAS REMEDIATIN - $52,097.40 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. 604 City Council Meeting October 10, 1996 Page 605 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/ Don Jennings Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: WESTMAR, INC. By: Marsha G. Westerman PRINTED NAME: Marsha G. Westerman TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Westmar, Inc. Rt 4 Box 141 Whitesboro, Texas 76273-9450 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5313 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Bid #13679--Widening & Strip Paving of 98th Street, and authorize same (Street Department). RESOLUTION NO.5314 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 Williams & Peters Construction Company, Inc., of Lubbock, Texas, and any associated documents, to install and furnish all materials and services as bid for the widening and strip paving of 98th Street, 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. 605 City Council Meeting October 10, 1996 Page 606 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this loth day of October, 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and WILLIAMS & PETERS CONSTRUCTION COMPANY, 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 # 13679 - WIDENING & STRIP PAVING OF 98TH STREET - $221,400.00 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. "1. City Council Meeting October 10, 1996 Page 607 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/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Betty L. Williams CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: WILLIAMS & PETERS CONSTRUCTION COMPANY, INC. By: Carlton Peters PRINTED NAME: Carlton Peters TITLE: Vice President COMPLETE ADDRESS: Williams & Peters Construction Company, Inc. PO Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5314 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (32.) Bid 413680--Health Department Roof, and authorize same (Building Services). RESOLUTION NO.5315 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 Allen Roofing Company, Inc., of Roswell, N.M., and any associated documents, to install and furnish all materials and services as bid for the Health Department Roof, 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. 607 City Council Meeting October 10, 1996 Page 608 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of October, 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Ty Cooke, Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and ALLEN ROOFING COMPANY, INC. of the City of Roswell, County of Chaves, and the State of New Mexico, 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 # 13680 - HEALTH DEPARTMENT REROOF - $286,397.00 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. 608 City Council Meeting October 10, 1996 Page 609 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Alex "Ty" Cooke /s/ Kaythie Darnell MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ illegible CONTRACTOR: Owner's Representative ALLEN ROOFING COMPANY, INC. APPROVED AS TO FORM: By: Willard Allen /s/ Don Vandiver City Attorney PRINTED NAME: Willard Allen TITLE: Vice President ATTEST: COMPLETE ADDRESS: Corporate Secretary Allen Roofing Company, Inc. PO Box 89 /s/ Ardest Allen Roswell, New Mexico 88202 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5315 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (33.) Bid #13685--Painting of Steel Street Light Standards - Annual Pricing (Electric Distribution). McAlister Contractors— 1,100 Ea Painting of Steel Street Light Standards Approximately 24' in height; 220 Ea Painting of Steel Street Light Standards Approximately 40' in height. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (34.) Bid #13690--Miscellaneous Electrical Items (Central Warehouse). Temple, Inc.--300 Ea 4" Plastic Conduit, Item No. 597540065; 80 Ea 4" PVC Schedule Elbow, Item No. 597540177; 20 Ea 4" PVC Conduit Elbow, Item #597540059; 630 Ea 5" Plastic Conduit, Item #597540077; 96 Ea 5" PVC Conduit Elbow, Item #597540053. Cummins Supply Company--20 Ea 5" Steel Conduit, Item #597540076. Nunn Electric Supply Corporation--50 Ea 5" Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. City Council Meeting October 10, 1996 Page 610 (35.) Consider Resolution No. 5316 authorizing the Mayor Pro Tem to execute a contract with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of 82nd Street from Avenue U to U.S. 87. RESOLUTION NO. 5316 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 with the State of Texas, acting by and through the Texas Department of Transportation, 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 October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Surface Transportation Program Urban Mobility Rehabilitation Agreement with Texas Department of Transportation is filed with Resolution 5316. Marsha Allen, Transportation Planner, presented staff comments. Approximately two years ago a citizen group appeared before the City Council requesting that this portion of 82nd Street be widened due to the number of accidents and fatalities occurring. The City Council then requested that this project be constructed with Federal Surface Transportation Program Funds during the Transportation Improvement Program process for FY 1995. This project was subsequently placed on the program to be constructed in FY 1997. The funding will be 80 percent federal in the amount of $1,456,000 and 20 percent local funds in the amount of $364,000 for a project cost of $1,820,000. The local share of this project is expected to come from the 1993 general obligation bond funds as a part of the local share for ISTEA projects. The project cost will include the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. 610 City Council Meeting October 10, 1996 Page 611 The contract requires the State and City to meet the following requirements for this project: State (TxDOT) - is responsible for the preliminary engineering, plans, specifications, estimates, the preparation of the environmental documents and the holding of a public hearing (if necessary). TxDOT is also responsible for advertising and awarding of the construction contract as well as construction inspection. City - is responsible for the purchase of right-of-way, relocation assistance, relocation of all utilities (following local ordinances and franchise agreements) and environmental mitigation if needed. Right -of- way costs on this project are estimated at $687,000 and have already been approved as a part of the City's capital projects budget. Once the project is completed, the City will resume the maintenance responsibility. Staff recommended approval of this contract. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to authorize Resolution No. 5316 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (36.) Consider Resolution No. 5317 authorizing the Mayor Pro Tem to execute an interlocal agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide for services under the Texas Department of Health Title V contract with TTUHSC. RESOLUTION NO. 5317 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement, attached herewith, by and between the City of Lubbock and Texas Tech University Health Sciences Center to provide for services under the Texas Department of Health Title V contract with TTUHSC, 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. G'ffl City Council Meeting October 10, 1996 Page 612 Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Tv" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement with Texas Tech University Health Sciences Center is filed with Resolution 5317. Doug Goodman, Director of Health and Community Services, presented staff comments. Title V funding provides direct and community services to low income, at -risk women and children who do not have access to health care through Medicaid or private health insurance. The Texas Department of Health has contracted with TTUHSC to provide direct client services in a ten county area. In addition, TTUHSC has also agreed to provide population - based services in Lubbock and Hale counties. This proposal was designed cooperatively among TTUHSC, Lubbock Health Department and Plainview -Hale County Health Department. Health assessment, selection of objectives and service provision design activities will be carried out in the Council - identified target neighborhoods. Residents will be actively involved in identifying health issues in their neighborhood, selecting Healthy People 2000 goals and designing strategies to resolve the issues. The interlocal agreement will provide sufficient funds for salaries and fringe benefits for two existing positions — a Registered Nurse and a Data Entry Clerk — which are essential to the success of this program. Training and travel reimbursement are also included in the contract. The contract will be renewable annually for up to three years. Sufficient funds have been requested for FY 96-97, in the amount of $77,986, so that there will be no cost to the City for these two individuals. Subsequent funding requests will include appropriate increases. 612 City Council Meeting October 10, 1996 Page 613 Approval of this Interlocal agreement accomplishes several goals: establishes cooperative working relationships with other public and private health agencies. gives citizens the opportunity to provide input in identifying and solving their health problems. promotes the health of groups of citizens, a public health function. generates non -General Fund Health Department financial support. This agreement supports the Health Department Mission Statement to "develop new insights and innovative solutions to health problems." Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution No. 5317 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (37.) Consider Resolution No. 5318 authorizing acceptance of water and sanitary sewer improvements for Summerfield Addition, Lots 108 through 160 and Tract A-4, located south of 82nd Street and west of University Avenue. RESOLUTION NO.5318 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 108 THROUGH 160 AND TRACK A-4, SUMMERFIELD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 108 through 160 and Tract A-4, Summerfield 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 $87,847.20, with the improvements constructed by Utility Contractors of America having a value of $50,707.20, as determined by the unit prices established by said Chapter 28, and $37,140.00 cash paid to the City, which amount includes $37,140.00 cash for adjacent lines and transfers, with Lubbock Land Co., the developer, to receive a refund of $22,906.83 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and 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. 613 City Council Meeting October 10, 1996 Page 614 SECTION 2. THAT the refiindable cost in the amount of $22,906.83 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Oth day of October 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 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 $87,847.20 including value of construction costs of $50,707.20 and $37,140 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will receive a refund of $22,906.83 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This development is located south of 82nd Street and west of University Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5318 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Neugebauer excused and recused himself from any discussion and voting on this item. (38.) Consider one appointment to the Mental Health and Mental Retardation Public Responsibility Committee. The Lubbock City Council appoints three members to this committee. The two city appointees whose terms expired August 31 are Gloria Galey and Jay Matsler. Mr. Matsler was confirmed 614 City Council Meeting October 10, 1996 Page 615 by Council on September 26 to serve a second term. Ms. Galey has served two full terms to this committee and therefore is not eligible to serve a third term. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to appoint Shirley McMadden to the Mental Health and Mental Retardation Public Responsibility Committee. Motion carried: 5 Yeas; 0 Nays--Councilmember Sitton was absent from the City Council Chambers. (39.) 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). (40.) 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). (41.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Appointments Advisory Board Building Board of Appeals Community Development Advisory Committee Community Services Commission Neighborhood Certification Committee Permit and License Appeal Board Planning and Zoning Commission Public Transit Advisory Board Urban Design & Historic Preservation Commission (42.) Confirm appointment of Jim Bertram to the Lubbock Regional Mental Health Mental Retardation Board of Directors. Motion was made by Councilmember Hernandez, seconded by Councilmember Neugebauer to appoint Jim Bertram to the Lubbock Regional Mental Health and Mental Retardation Board of Directors. Motion carried: 5 Yeas; 0 Nays--Councilmember Sitton was absent from the City Council Chambers. 615 City Council Meeting October 10, 1996 Page 616 There being no further business to come before Council, it was the consensus of Council to adjourn the meeting. Motion carried: 6 Yeas; 0 Nays. ^ MAYOR PRO TEM ATTEST: &�U� 4�1� — Kayt I Darnell, City Secretary Read and approved this 1 Oth of March 1997. ' COOKE, MAYOR PRO TEM ATTEST: /" I* ayt Darnell, City Secretary 616