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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/7/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 7, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 7th day of November 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 10:17 A.M. (1.) The Invocation was given by Doug Hale, Minister of Vandelia Church of Christ. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Recognition of the late Roy Neal, Jr., former aviation pioneer, for his contributions to the Lubbock community. On May 15, 1996, the Lubbock International Airport Board passed a resolution recognizing Mr. Roy Neal Jr.'s contributions to the development of aviation in the South Plains region. Mr. Neal started his aviation career in the Army Air Corps during World War II. As a C-46 cargo plane pilot, he flew numerous missions in the China -Burma Hump theater of operations. After the war, he returned to Lubbock where he started the West Texas Aircraft Company. West Texas Aircraft Company offered a broad range of aviation services that helped to establish Lubbock Municipal Airport (now Lubbock International) as the region's leading airport. The company not only serviced aircraft, but also operated a flying school, developed hangars, provided insurance services, and established a Piper aircraft dealership that became one of the top performers in the nation. Mr. Neal was instrumental in Piper's development of the Pawnee, an agricultural aircraft that is still used extensively. As the region's economy grew, and commercial airline service became established in the region, Mr. Neal's company contributed by providing fueling services to Braniff and Pioneer Airlines. The ability of West Texas Aircraft Company to respond to the ever changing needs of the aviation community proved over time to be one of the key factors that allowed Lubbock International Airport to grow. City Council Minutes November 7, P4-�- 1 1 d J- /I Page 632 1 a/"�)q k)3 (4.) Presentation of Government Finance Officer's Association (GFOA) Distinguished Budget Presentation Award for the 1995-96 City of Lubbock Budget document. Nell Lange, the state's GFOA representative, presented the GFOA's Distinguished Budget Presentation Award to the City of Lubbock for its 1995-96 budget. This award is the highest form of recognition in governmental budgeting and represents a significant achievement by the organization. A panel of independent reviewers conducts and in- depth examination of the budget document. In order to receive the award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. The award is valid for a period of one year only and is presented to the City of Lubbock for its annual budget for the fiscal year beginning October 1, 1995. This is the 12th Distinguished Budget Presentation Award received by the City of Lubbock in the past 13 years. Mayor Pro Tern Cooke accepted the award on behalf of the City of Lubbock. (5.) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve the minutes of the October 10, 1996, Regular City Council Meeting and the minutes of the October 17, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. (6.) Consider Resolution No. 5327 authorizing the Mayor Pro Tem to execute a street -use license for a building encroachment with Economy Mills, Ltd. (211 15th Street). RESOLUTION NO. 5327 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 in favor of Economy Mills, Ltd., for a building encroachment on a portion of a dedicated street, attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 632 City Council Minutes November 7, 1-99`7- Page 633 J Passed by the City Council this 7th day of November 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 According to staff memo, this resolution authorizes the Mayor Pro Tern to execute a street -use license for an existing building encroachment on a 1.17 foot area along the south side of 15th Street west of Avenue A. This building encroachment was discovered in a recent survey and the mortgage holder, American State Bank, is requesting that the owner obtain a street -use license for loan purposes. The cost of this license is $50 minimum per year or $250 for the first five-year term. The length of term for this license is 20 years, payable every five years. The $150 application fee has been paid and no utility problems are foreseen. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5327 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (7.) Consider Resolution No. 5328 authorizing the Mayor Pro Tem to execute a Notice of Petroleum Product Contaminated Site (3501 Elder). RESOLUTION NO.5328 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Notice attached hereto is hereby authorized to be recorded in the Official Real Property Records of the County Clerk of Lubbock County, Texas, to give the public notice of the contents of said Notice. SECTION 2. 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 Notice as required by the Texas Natural Resources Conservation Commission, related to a petroleum contaminated site, attached herewith, which shall be spread upon the minutes 633 City Council Minutes November 7, 4-99-7— Page 634 y of the Council 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 7th day of November 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, in December 1990, the City of Lubbock acquired several lots from Griffin Industries at East 34th Street, Elder Avenue, and Guava Avenue for additional land for the adjacent wastewater treatment plant. One tract of this land contained a rendering plant which had two underground fuel tanks. Both tanks were removed. The Texas Water Commission, now the TNRCC, had the City mitigate the site and drill a monitor well. The TNRCC is now ready to allow the City to close this site and dispense with any additional remediation if the City will file a "Notice of Petroleum Product Contaminated Site" in the Deed Records of Lubbock County. This notice publicly states that a leaking fuel tank was situated on this property, some subsurface contamination remains, and that no additional remediation of the property is required if the City leaves the property undeveloped and does not install a water well on it. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5328 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (8.) Consider Resolution No. 5329 authorizing the Mayor Pro Tem to execute a contract of sale for a tract of land out of Block 3, A-J Coleman Addition, with Juan and Elsa Gutierrez (403 and 405 North University Avenue). 634 City Council Minutes November 7, 4997-- Page 635 115,96 RESOLUTION NO.5329 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 purposes and public purposes, to wit: for construction of 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 such lands 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 tracts of land located in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: TRACT 1 The East 127 feet of the North half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. TRACT 2 The East 277.4 feet of the South half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $111, 300.00. SECTION 3. THAT if the above Contract of Sale is not executed by November 15, 1996, by the Owners of the above described property, such Owners being JUAN V. GUTIERREZ and wife, ELSA GUTIERREZ, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire fee simple title to said property for the municipal purposes and public purposes as aforesaid. 635 City Council Minutes November 7, +99�7 19 9 b Page 636 k� alai o J Passed by the City Council this 7th day of November 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 According to staff memo, over the last couple of years, the City Fire Department has developed a plan to consolidate several existing fire stations and construct new ones. One station to be constructed will be at the northwest corner of Cornell and North University Avenue. The City is acquiring three tracts of land for this station. Mr. and Mrs. Juan Gutierrez own two of these vacant tracts of land, one containing 15, 875 square feet, which was valued at $1.75 per square foot and is south of Dartmouth Street, and west of University Avenue. The other tract contains 38,836 square feet and was at $2.15 per square foot and is west of University Avenue along the north side of Cornell Street. These two tracts are valued at $27,781 and $83,497 respectively, for a total of $111,300. As part of this contract, staff will close on this property by December 1, 1996, and our offer to Mr. and Mrs. Gutierrez will be $111,300. There will be no adverse impact on the Public Safety Improvement Plan. The original intent was to locate station #4 in the area of Clovis Highway and North University Avenue. The purchased location is approximately two and one-half blocks south of that intersection, so it falls right in line with the original location in the plan. As far as the price for this property, it is higher than what was originally in the plan. Since the plan was put together, there has been substantial development in this area, which may have raised the price of property. Staff looked for an alternate site that might be priced lower, but there was no site that staff felt was suitable. The original amount that was put into the PSIP for this land purchase was $40,000 and to secure all three tracts the City requires for this property, the City will pay a total of $121,300. The increase of $81,000 can be absorbed by the savings on the land purchase for #7. 636 City Council Minutes November 7, 1-99 Page 637 The increase in price was figured into the update presented to Council. The total project cost should still be about $1,100,000 less than the original estimate. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5329 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (9.) Consider a resolution authorizing the Right -of -Way Department to make an offer to the Cone Sisters Trust for a tract of land in Section 33, Block A, Lubbock County (west of and adjacent to the existing landfill). This item was deleted from the agenda. (10.) Consider the donation of two parcels of land out of Section 4, Block O, Lubbock County from Mary E. Evans (2701 E. Broadway). RESOLUTION NO. 5330 WHEREAS, Mary E. Evans has offered to convey to the City of Lubbock as a gift the fee simple title to two parcels of land hereinafter described and which are on the Lubbock Central Appraisal District Tax Roll for an appraised value of $7,154.00 for Tract I and $1,479.00 for Tract II; and WHEREAS, the City Council of the City of Lubbock has determined and does hereby determine that it is in the public interest to acquire title to said parcels and record said title in the Deed Records of Lubbock County, Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Mary E. Evans be allowed to convey to the City of Lubbock as a gift the fee simple title to the following described parcels of land located in Lubbock County, Texas, to -wit: TRACT A 1.095 acre tract of land in the Northeast quarter of Section 4, Block O, Certificate No. 537, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas, and being a portion of that 1.74 acre tract of land described in Volume 328 Page 100 of the Deed Records of Lubbock County, Texas, and further described as follows: BEGINNING at a 1 /2" iron rod with cap set for the Southwest corner of this tract in the North right-of-way line of East Broadway as described in Volume 34 Page 49 of said Deed Records and the East right-of-way line of Zenith Avenue as described in Volume 469 Page 235 of said Deed Records from whence the Southwest corner of said Northeast quarter is called to bear South a distance of 50 feet and West a distance of 30 feet; THENCE S 89048'00" E, along said North right-of-way line, a distance of 110.00 feet to a concrete right-of-way marker found for a corner of this tract in the North right-of-way line of U.S. Highway 82 as described in Volume 175 Page 96 of said Deed Records; 637 City Council Minutes November 7, t997 1 q9 b Page 638 R'� -�)- Jau THENCE Easterly, along said highway right-of-way line and a curve to the left having a radius of 1095.92 feet and a chord bearing of N 89°00'55" E, a chord distance of 45.64 feet to a 1/2" iron rod with cap set in the West line of that 15 foot alley described in Volume 469 Page 233 of said Deed Records for the Southeast corner of this tract; THENCE 0°05'00" W, along the West line of said alley, at a distance of 1.48 feet pass the South line of said 1.74 acre tract, in all a distance of 296.82 feet to a 1/2" iron rod with cap set for a corner of this tract at a corner of said alley; THENCE 45002'30" W, along said alley line, a distance of 14.15 feet to a 1/2" iron rod with cap set for a corner of this tract at a corner of said alley; THENCE N 90000'00" W, along the South line of said alley, a distance of 145.19 feet to a cross chiseled on concrete for the Northwest corner of this tract in said East right-of-way line of Zenith Avenue; THENCE S 0000'00" E, along said East right-of-way line, a distance of 307.22 feet to the Place of Beginning. TRACT II METES AND BOUNDS description of a 0.226 acre tract of land in the Northeast quarter of Section 4, Block O, Certificate No. 537, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas, and being a portion of that 1.74 acre tract described in Volume 328 Page 100 of the Deed Records of Lubbock County, Texas, and further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northwest corner of this tract in the North line of said 1.74 acre tract and the East right-of-way line of Zenith Avenue as described in Volume 469 Page 235 of said Deed Records from whence the Southwest corner of said Northeast quarter is called to bear South a distance of 430 feet and West a distance of 30 feet; THENCE N 90000'00" E, along said North line, at a distance of 5.00 feet pass a 3/4" iron pipe found at the Southwest corner of Lot 25, C.D. Elliston Addition, at a distance of 150.08 feet pass a 3/4" iron pipe found at the Southeast corner of said Lot 25, in all a distance of 170.08 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract at the Northeast corner of said 1.74 acre tract; THENCE S 0005'00" E, along the East line of said 1.74 acre tract and the West line of that 0.9 acre tract described in Volume 403 Page 591 of said Deed Records, a distance of 58.00 feet to a 1/2" iron rod with cap set for the Southeast corner of this tract at the at the Northeast corner of that 15 foot alley described in Volume 469 Page 233 of said Deed Records; THENCE N 90000'00" W, along the North line of said alley, a distance of 170.16 feet to a 1/2" iron rod with cap set in the East line of said Zenith Avenue for the Southwest corner of this tract; THENCE N 0000'00" W, along the East line of said Zenith Avenue, a distance of 58.00 feet to the Place of Beginning. 638 City Council Minutes November 7, 4497- 1 q q G Page 639 SECTION 2. THAT the Right -of -Way Agent of the City of Lubbock BE authorized to record said title to said parcels in the Deed Records of Lubbock County, Texas. Passed by the City Council this 7th day of November 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 According to staff memo, these two tracts of land at the northeast corner of Zenith Avenue and East Broadway are needed for the new fire station. The owner of these two tracts, Mary E. Evans, is going to donate these tracts to the City. The first tract measures approximately 160 feet east to west by 307 feet north to south and contains 47,698.2 square feet and is on the tax roll for $7,154. The second tract measures 170.16 feet by 58.00 feet, contains 9,844.56 square feet, and is on the tax roll for $1,479. The 1996 taxes are $208.20 and the City will pay them as part of the donation. Staff recommended the acceptance of the donation of these two properties. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5330 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) Consider Resolution No. 5331 accepting paving improvements constructed by Williams and Peters Construction Co., Inc. in Oak Terrace Addition, Lots 66-129. RESOLUTION 45331 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES 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 Lots 66-129, Oak Terrace Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated 639 City Council Minutes November 7, f99-7-- 19 9 t� Page 640 a 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 and avenues: 95th Street from the East end of radius at Avenue "X" to the back of curb at Avenue "U", known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2037. The West half (W/2) of Avenue "U" from the South end of the alley return South of 94th Street to the South end of the alley return South of 95th Street, known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2037. Avenue "V" from the South end of the alley return South of 94th Street to the North lip line of 95th Street, known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2037. Avenue "W" from the South lip line of 95th Street to the South end of the alley return South of 95th Street, known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues 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 improvements on said portions of the above -mentioned streets and avenues 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 this Resolution shall take effect and be in force from and after the date of its passage. City Council Minutes November 7,4991T 1151G b Page 641 . oV Passed by the City Council this 7th day of November 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 D. Hertel Larry D. 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 paying improvements required at the time of platting this new subdivision. These improvements consist of street paying and curb and gutter on: 95th Street from Avenue X to Avenue U, The west half of Avenue U from the alley south of 94th Street to the alley south of 95th Street, Avenue V from the alley south of 94th Street to 95th Street, Avenue W from 95th Street to the alley south of 95th Street. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5331 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) Consider Resolution No. 5332 accepting paving improvements constructed by Williams and Peters Construction Co., Inc. in Frenship Hollow Addition, Lots 1-40. RESOLUTION NO.5332 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES 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 Lots 1-40, Frenship Hollow Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the 641 City Council Minutes November 7, 4-9917- Page 642 l a `-1to3 subdivision plat of the above -mentioned Addition, including the following streets and avenues: Ironton Avenue from the South end of the alley return South of 38th Street to the North lip line of 39th Street, known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2036. 39th Street from the East end of the alley return Southeast of 38th Street to the East end of the cul-de-sac East of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues 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 improvements on said portions of the above -mentioned streets and avenues 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 this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 7th day of November 1996. /s/ Alex "Tv" Cooke ALEX "TY" COOKE, MAYOR PRO TEM /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. 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 constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 642 City Council Minutes November 7, 1997 Page 643 �-t �) Ironton Avenue from the alley south of 38th Street to 39th Street, 39th Street from the alley southeast of 38th Street to the cul-de- sac east of Ironton Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5332 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Ordinance No. 9944 canceling authority and approval for various traffic control signals in the downtown area of Lubbock and authorizing their removal. Signals are to be removed at the following locations: Avenue M and 13th Street, Avenue L and 14th Street, Avenue K and loth Street, Avenue J and loth Street, Texas Avenue and loth Street, Avenue H and loth Street, Avenue Q and 16th Street. ORDINANCE NO. 9944 AN ORDINANCE CANCELING AUTHORITY AND APPROVAL FOR VARIOUS TRAFFIC CONTROL SIGNALS IN THE DOWNTOWN AREA OF LUBBOCK AND AUTHORIZING THE REMOVAL OF SUCH TRAFFIC CONTROL SIGNALS AS OPERATIVE TRAFFIC CONTROL SIGNALS. According to staff memo, these seven locations do not meet the Texas Manual on Uniform Traffic Control Devices (TMUTCD) minimum requirements for warrants for a traffic control signal. The removal of these signals will save the City approximately $10,000/year in operational costs and will significantly reduce the delay time at these intersections. The signals will be replaced with stop signs in at least two directions. This list originally included 13 locations, but the other 6 locations were taken off the list due to input received from downtown businesses, property owners, CenterCorp, and South Plains College. Letters were sent to I I I businesses and 45 responses were received. Signs were also placed at each intersection with the Traffic Engineering Department's address and phone number advising people that the signal was scheduled for removal on November 21. Of the remaining locations, the comments received were typically 10:1 in favor of removal. The Citizens Traffic Commission passed a resolution on October 8, 1996, recommending that the City Council pass an ordinance to remove the signals. An additional savings of approximately $15,000 will be realized by using the parts from these locations at the new signal locations planned. Both the City staff and the Citizens Traffic Commission recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9944 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. WE City Council Minutes November 7, 1997- 19 G L- Page 644 k� a iaN ) 0 3 (14.) Consider Ordinance No. 9945 authorizing a traffic control signal be installed at the intersections of 19th Street and Avenue G, and loth Street and Upland Avenue. ORDINANCE NO. 9945 AN ORDINANCE AUTHORIZING THE INSTALLATION OF NEW TRAFFIC CONTROL SIGNALS AT 19TH STREET AND AVENUE G AND AT 19TH STREET AND UPLAND AVENUE; AND PROVIDING FOR PUBLICATION. According to staff memo, at the request of businesses in the Depot District and other citizens, the Traffic Engineering Department conducted a signal warrant study in accordance with the Texas Manual of Uniform Traffic Control Devices (TMUTCD) for both these locations on 19th Street. This study indicated that traffic signals were warranted. The City has contacted the TxDOT and obtained their approval for these locations since they are on State Highway 119. Funds for this project are available under capital project #9814. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9945 as recommended by staff. Motion carried: 6 Yeas; ;0 Nays. (16.) Consider Resolution No. 5333 authorizing the Mayor Pro Tem to execute for and on behalf of the City of Lubbock a contract for authorization for professional services with Carter & Burgess, Inc., for a Comprehensive Parks, Recreation and Open Space Master Plan. RESOLUTION NO.5333 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for authorization for professional services, attached herewith, by and between the City of Lubbock and Carter & Burgess, Inc., for Comprehensive Parks, Recreation and Open Space Master Plan 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. City Council Minutes November 7, +997 1 G to Page 645 Passed by the City Council this 7th day of November 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/Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract with Carter & Burgess, Inc. is filed with Resolution No. 5333. According to staff memo, in August 1996, the Culture and Leisure Services Division presented to the City Council a need to develop a Master Plan for the City's Parks and Recreation Department. Requests for Proposals (RFPs) were solicited from qualified firms interested in providing professional services to develop a Comprehensive Parks, Recreation and Open Space Master Plan. Three firms submitted proposals. The proposals were reviewed and evaluated by a committee of nine, seven city employees and two members of the Parks and Recreation Board. Based on the cumulative ratings, interviews and reference checks, Carter and Burgess, Inc., was selected to provide professional planning and landscape architectural design services. The scope of work will be performed in two primary phases with Phase I including the Inventory/Market Analysis and Phase II the Parks, Recreation and Open Space Master Plan. Carter and Burgess, Inc. has prepared this scope of work based upon meeting with the Culture and Leisure Services, Park and Recreation staff. The project is estimated to take approximately eight months to complete. The negotiated fee for the Comprehensive Parks, Recreation and Open Space Master Plan is $75,040.00. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5333 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 645 City Council Minutes November 7, 1-9� I cl ci L Page 646 R'� a l � l03 (17.) Consider Resolution No. 5334 authorizing the Mayor Pro Tem to execute contracts with Insurnational Insurance Administrators, a third party administrator to provide claims paying services for medical and dental group plans; and Advance ParadigM, Inc., to provide mail order prescription service and a retail prescription card program for City of Lubbock Employees. RESOLUTION NO. 5334 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 Insurnational Insurance Administrators, a third party administrator, provide claims paying services for medical and dental group plans, 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 7th day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Lou L. Moore Acting Director for Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney A copy of the Administrative Service Contract Relating to the Benefit Plan with Insurnational Insurance Administrators, Inc. is filed with Resolution No. 5334. According to staff memo, First Health, Inc. has provided claims administration services for the City since April 1, 1988. On August 1, 1992, the City entered into contracts with First Health to provide the Alta RX retail prescription card program and Advance ParadigM, Inc. to provide the mail order prescription program. It was necessary to examine these contracts due to poor claims paying service, and a projected increase in medical claims and prescription drug costs. On September 16, 1996, a Request for Proposals (RFPs) was distributed to solicit responses for these 'MR City Council Minutes November 7, W - Page 647 1 � � 1�, 2-� a/ayia 3 services. The RFPs provided the opportunity to change medical and prescription plan designs and to control increased costs. Nine Third Party Administrators submitted responses for the medical and dental claims paying services. These responses were reviewed by a consultant, Randall Martell of Insurance Partners Southwest, Inc., who suggested site visits to four facilities. These facilities were: Insurnational Insurance Administrators Ted L. Parker & Associates Equifax Administrative Services First Health After the site visits were completed, Insumational Insurance Administrators was selected to provide claims paying service. This decision was based on: A paperless claims paying service. Claims are optically scanned to increase efficiency, improve turnaround time and allow on- line claim retrieval. 99 percent of claims are paid within 10 days. The Customer Service toll free number provides a voice response unit so employees may enter their Social Security number via touch-tone phone and the claim information and claim history are on-line. This allows a customer service representative to provide information quickly and accurately to the employee. Capability to use existing hospital and physician PPO contracts. A 79 percent retention of Insurnational employees to provide a consistent knowledge of the City's plan. Proven large case load. Current clients include City of Garland, City of Irving and Lubbock Independent School District. An on-line eligibility and reporting package will be provided to allow immediate eligibility updates and access to a report writer to extract customized claim reports and summaries. The annual cost for Insurnational will be approximately $376,132 plus a one time $2,500 start-up fee for providing health I.D. cards and educational brochures. The annual cost for First Health for plan year 1995-96 will be approximately $410,551. The contract will run from January 1, 1997 until December 31, 1997. Although Insurnational costs were about $51,000 more than the lowest bidder, Ted L. Parker & Associates, Insurnational's advanced technology and services will enhance customer service to the employees and assure accurate payment of claims. Ten responses were received for the prescription program. Two vendors, Advance ParadigM, Inc. and Columbia Pharmacy Solutions, were selected to make presentations regarding their programs. The presentations were made and it was determined to award Advance ParadigM, Inc. the prescription program contract. Advance ParadigM, Inc. currently provides the mail order service 647 City Council Minutes November 7, P-9-7 I q q b Page 648 A �' al a" I 3 and will add the RX card services to their program. This decision was based on their history of customer service provided to employees, the on-line eligibility and reporting capabilities and the integration of drug review between the mail order and pharmacies. Drug utilization review will provide a check between prescriptions being used that may have a negative reaction to the user. It also provides a means to check abuse of potentially addictive prescriptions. Integration between the mail order and retail drug program can quickly trigger abuse, allowing Advance ParadigM, Inc. to contact physicians to discuss the dangers of excessive drug usage by the employee. The annual administrative costs will be approximately $79,188 compared to the current plan year estimated costs of $147,001. This savings of $67,000 will offset the increased administrative fees for the Third Party Administrator, Insumational. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5334 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION NO.5334 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 Advance ParadigM, Inc., to provide mail order prescription service and a retail prescription card program for City of Lubbock employees, 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 7th day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Lou L. Moore Acting Director for Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 648 City Council Minutes November 7,-i- 1 9'i Page 649 k� A copy of the Managed Pharmacy Benefit Services Agreement with Advance ParadiuM, Inc. is filed with Resolution No. 5334A. (18.) Consider Resolution No. 5335 authorizing the Mayor Pro Tem to execute an amendment to the 1997-97 Community Development Block Grant (CDBG) Action Plan for the reallocation of programmed funds. RESOLUTION NO. 5335 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amendment to the 1996- 97 Community Development Block Grant (CDBG) Action Plan for the reallocation of unprogrammed funds 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 7th day of November 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, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whit, Assistant City Attorney A copy of the Recommended Reallocations from Contingency Funds if filed with Resolution No. 5335. According to staff memo, in the spring of 1994 and 1995, the City Council allocated the following CDBG funds for economic development 1LSE, Economic Development Loans $225,000 1995 Microenterprise Loans $650,000 649 City Council Minutes November 7, P)9-7- Page 650 Facade Improvements $100,000 Total $975,000 Following these allocations, the Community Development staff sought proposals from all interest parties to handle the $875,000 in business lending. Three proposals were submitted in March 1996. American Business Service, South Plains Association of Governments, and Hallmark & Associates submitted proposals. A review committee graded applicants based on sustainability, quality, community involvement, geographic concentration, and implementation capacity on a scale of 100. The scores are as follows: American Business Services 28.75 South Plains Association of Governments 70.00 Hallmark & Associates 43.75 Due to current and past difficulties in program performance, staff does not recommend acceptance of the SPAG proposal. Additionally, staff believes that the economic development environment in Lubbock has changed since these allocations and that reprogramming of these funds should be considered. City staff has looked particularly at projects which would add to the current action plan to fulfill needs in the community. At that time, there are 11 projects for consideration for reallocation of funding. Barrier Free Living $100,000 Roofing Revolving Loan Fund $100,000 Relocation Assistance $ 20,000 Emergency Home Repair $ 75,000 Alley Clean -Ups $ 40,000 Rodgers Community Center $ 25,000 Microenterprise Fund $150,000 Housing contractor Business Loans $140,000 Environmental Inspection Services $ 30,000 Administration $ 45,000 Contingency Funds $250,000 TOTAL $975,000 Staff recommended that all listed projects be funded by reallocating funds that were previously approved and revising the 1996-97 CDBG Action Plan to include them. 650 City Council Minutes November 7, q 9 Page 651 K� The funding of all of these projects will not exceed spending caps and must be approved through the Department of Housing and Urban Development (HUD) before they are implemented. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5335 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution No. 5336 authorizing the Mayor Pro Tem to execute a space lease agreement with Simmons Aviation, dba American Eagle, at the airport for maintenance facilities. RESOLUTION NO. 5336 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 Lease Agreement by and between the City of Lubbock and Simmons Airlines, Inc. d/b/a American Eagle, 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 7th day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City 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 Lease Agreement with Simmons Airlines, Inc. d/b/a/ American Eagle, is filed with Resolution No. 5336. According to staff memo, in January of this year, Simmons Aviation, dba American Eagle, established a maintenance operation at Lubbock International Airport. The operation handles on -site aircraft maintenance, preventive maintenance, and timed component replacement on the company's ATRs. The establishment of the operation created 12 new jobs. 651 City Council Minutes November 7, 1-997-- I 1� cl 6 Page 652 R-� a l � 0 3 The maintenance operation has been occupying space in the terminal building under a temporary letter of agreement pending the development of a new lease agreement. That process is now complete and the lease has been signed by Simmons. The agreement leases 698 square feet of space on the lower level of the terminal building at a rate of $11.97 per square foot per year for a period of one year. The agreement will generate $8,355.00 annually. The Airport Board and City staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5336 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider Resolution No. 5337 authorizing and directing the Mayor Pro Tem to execute an agreement between the City of Lubbock and Lubbock Boys and Girls Club, Inc., to provide funding from the Community Development Block Grant for a SMART Moves Program. RESOLUTION NO. 5337 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 Boys and Girls Club, Inc., to provide funding from the Community Development Block Grant for a SMART Moves Program and all related documents. 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 7th day of November 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, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney 652 City Council Minutes November 7, 1-99T f `► q b Page 653 2l; A copy of the Agreement with the Lubbock Boys and Girls Club, Inc. is filed with Resolution No. 5337. According to staff memo, funding for this agreement was approved by the 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 $18,701.25 to the Lubbock Boys and Girls Club, Inc. During 1996-97, these funds are to be utilized to provide educational seminars to reduce pre -teen and teen vulnerability to the use of drugs and to becoming sexually involved. This program will educate 300 youth throughout the year. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5337 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider Resolution No. 5338 authorizing and directing the Mayor Pro Tem to execute and agreement between the City of Lubbock and The Salvation Army a Corporation of Georgia, to provide funding from the Emergency Shelter Grant for homeless prevention and essential services. RESOLUTION NO. 5338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Tempore of the City of Lubbock BE and is hereby authorized and directed to execute for an on behalf of the City of Lubbock and The Salvation Army a Corporation of Georgia, to provide funding from the Emergency Shelter Grant for homeless prevention and essential services and all related documents, provided that, and conditioned upon the due and proper execution of said agreement by The Salvation Army. Said Grant 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 7th day of November 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, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney 653 City Council Minutes November 7, +99-7- iq �1 b Page 654 k-1 A copy of the Agreement with The Salvation Army is filed with Resolution No. 5338. According to staff memo, funding for this agreement was approved by the City Council at the July 11, 1996 City Council meeting. These funds were allocated to the Salvation Army a Corporation of Georgia from the 1996-97 Emergency Shelter Grant funds in the amount of $3,000 for essential services and $20,400 for homeless prevention. During 1996-97, the essential service funds will provide food and medicine to individuals or families living in a city shelter or transitional housing, and those at risk of homelessness. Approximately 75 families will benefit from the essential services fund. During 1996-97, the homeless prevention funds will provide mortgage, rent and utility assistance to individuals and families suffering from an emergency leaving them temporarily without funds and in danger of becoming homeless. Approximately, 130 families will benefit from the homeless prevention fund. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5338 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Consider Resolution No. 5339 authorizing and directing 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 Human Resource Enrichment. RESOLUTION NO. 5339 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 Community Housing Resource Board, and all related documents, to provide funding from the HOME Investment Partnership Program Grant for Rental Housing Renovation and Human Resource Enrichment. 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. 654 City Council Minutes November 7, i 997(`1 Page 655 Passed by the City Council this 7th day of November 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, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Development Funding Agreement with Community Housing Resource Board if filed with Resolution No. 5339. According to staff memo, funding for this agreement was approved by the 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 amount of $50,000 for human resource enrichment for the Community Housing Resource Board. The human resource enrichment funds will be utilized for operating expenses, training and technical assistance The number of unduplicated units expected to be served by the human resource enrichment project is 250 individuals. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5339 as recommended by staff. Motion carried: 6 Yeas: 0 Nays. (23). Consider Resolution No. 5340 authorizing and directing 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. RESOLUTION NO.5340 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor 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 Community Housing Resource Board to provide funding from the HOME Investment Partnership Program Grant for Rental Housing Renovation and all 655 City Council Minutes November 7, 1-947 1 `1 i !� Page 656 related documents. Said grant 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 7th day of November 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, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Community Development Funding Agreement with Community Housing Resource Board is filed with Resolution No. 5340. According to staff memo, funding for this agreement was approved by the 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 amount of $156,150 for rental housing renovation. Community Housing Resource Board is a designated Community Housing Development Organization (CHDO) and is the current owner of this property. The $156,150 represents the federally required 15 percent set aside of HOME funds which the City must allocate to a designated CHDO. 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. This complex has no formal name attached to it. There are a total of eight apartments at this location. The projected number of unduplicated units expected to be served by the renovation is 24 individuals. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5540 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) Consider Resolution No. 5341 authorizing and directing the Mayor Pro Tem to execute an agreement between the City of Lubbock and the Early Leaning Centers of Lubbock, Inc., to provide funding from the Community Development Block Grant. 656 City Council Minutes November 7, 19 7- q b Page 657 RESOLUTION NO. 5341 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 Early Leaning Centers of Lubbock, Inc., to provide funding from the Community Development Block Grant and all related documents. Said Grant 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 7th day of November 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, Managing Director of Health & Community Services 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 Center of Lubbock, Inc. is filed with Resolution 5341. According to staff memo, these funds were allocated from the 1996-97 Community Development Block Grant funds in the amount of $12,750 to the Early Learning Centers of Lubbock, Inc. Funds are to be utilized for a parking lot expansion and repair in the Arnett Benson area at 2714 Erskine, where 130 children are enrolled at the center with about 200 parents, staff and other visitors using the parking lot. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5341 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Bid #1369500 Pipe, Valves and Fittings (Water Utilities). US Filter/Davis--5 Ea 16" Class 150 Ductile Iron Pipe - 18' Standard Length, Flange x Bell; 135 Ea 16" Class 150 Ductile Iron Pipe - 18' Standard Length, Bell x Spigot; 1 Ea 16" Class 150 657 City Council Minutes November 7, f99-7- `i b Page 658 QC� a I a3 ) 03 Ductile Iron Pipe - 4' in Length, Flange x Spigot, 1 Ea 16" Class 150 Ductile Iron Pipe - 6' in Length, Flange x Spigot; 1 Ea 16" Class 150 Ductile Iron Pipe - 8' in Length, Flange x Spigot; 1 Ea 16" Class 150 Ductile Iron Pipe - 12' in Length, Flange x Spigot; 1 Ea 16" Class 150 Ductile Iron Pipe - 17' in Length, Flange x Spigot; 1 Ea 16" Class 150 Ductile Iron Plug; 1 Ea 16" x 10" Class 150 Ductile Iron Cross; 1 Ea 16" x 10" Class 150 Ductile Iron Cross, 2 Ea 16" x 6" Class 150 Ductile Iron Tee; 1 Ea 16" x 8" Class 150 Ductile Iron Tee; 1 Ea 16" x 12" Class 150 Ductile Iron Reducer; 2 Ea 45% 16" Class 150 Ductile Iron Bend. Gifford Hill American, Inc.--2,580 Ft 15" Class 151 Steel Cylinder Reinforced Concrete Pipe; 1 Ea 16" Flange x 16" Gasket x 10" Flange x 10" Flange Steel Cylinder Reinforced Concrete Class 151 Cross; 1 Ea 16" Gasket x 12" Plain End Coupling Concentric Reducer; 1 Ea 16" x 8" Steel Cylinder Reinforced Concrete Class 151 Tee, 2 Ea 16" x 6" Steel Cylinder Reinforced Concrete Class 151 Tee; 1 Ea 16" Class 151 Steel Cylinder Reinforced Concrete Plug; 2 Ea 16" x 16" 45% Bend Class 151 Cylinder Reinforced Concrete; 1 Ea 16" Gate Valve. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (26.) Bid #13699--Canyon Lakes Fishing Piers, and authorize same (Park Development). RESOLUTION NO. 5342 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 an on behalf of the City of Lubbock a contract with Lubbock Building Services of Lubbock, Texas, to install and furnish all materials and services as bid for the Canyon Lake Fishing Piers, attached herewith, 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. 658 City Council Minutes November 7, 149-7- �r Page 659 (Z Passed by the City Council this 7th day of November 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 7th day of November, 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 LUBBOCK BUILDING SERVICES 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 # 13699 - CANYON LAKES FISHING PIERS - $26,060.00 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. 659 City Council Minutes November 7, 449-7 1 b Page 660 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/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: LUBBOCK BUILDING SERVICES By: Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services 5121 69th Lubbock, Texas 79424 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5342 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) RESOLUTION NO. 5343 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 with Williams & Peters Construction Company, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the 53rd Street & Chicago Avenue Paving & Drainage Improvements, attached herewith, 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. 1 City Council Minutes November 7, 4� ('� 9 b Page 661 R- Passed by the City Council this 7th day of November 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 7th day of November, 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 WILLIAMS & PETERS CONSTRUCTION CO., 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 # 13702 - 53RD STREET & CHICAGO AVENUE PAVING & DRAINAGE IMPROVEMENTS - $167,462.50 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. 661 City Council Minutes November 7, 14951- Page 662 i�`� 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 Hertel Owner's Representative APPROVED AS TO FORM: /s/Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: WILLIAMS & PETERS CONSTRUCTION COMPANY, INC. By: Dean Williams PRINTED NAME: Dean Williams TITLE: President COMPLETE ADDRESS: Williams & Peters Construction Company, Inc. PO Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5343 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) Bid #13704--Municipal Building Renovations, and authorize same (Building Services). RESOLUTION NO.5344 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 with Wardroup & Associates of Lubbock, Texas, to install and furnish all materials and services as bid for the Municipal Building Renovations, attached herewith, 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. 662 City Council Minutes November 7, f99-7 Page 663 a /� Passed by the City Council this 7th day of November 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 7th day of November, 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 WARDROUP & ASSOCIATES, 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 # 13704 - MUNICIPAL BUILDING RENOVATIONS LEGAL & CITY SECRETARY OFFICES - $142,454.00 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. 663 City Council Minutes November 7, 0199T l cA q e Page 664 k_(� a a3 I o3 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary Wallace C. Wardroup CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: WARDROUP & ASSOCIATES, INC. By: Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5344 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Bid #13706--Underground Service Cable (Central Warehouse). Temple, Inc.--14,000 Ft 44/0 AL Triplex in Duct 600V - Item #614540015. Cummins Utility Products--2,000 Ft #350 AL UED Quadruplex 600V - Item #614540091. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Bid #13711--Auditorium Stage Lighting Renovations, and authorized same (Culture & Leisure Services). RESOLUTION NO.5345 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 with Stagelight, Inc. of Houston, Texas, to install and furnish all materials and services as bid for the Auditorium Stage Lighting Renovations, attached herewith, 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. 664 City Council Minutes November 7,.+ 9 b Page 665 Passed by the City Council this 7th day of November 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 STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 7th day of November, 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 STAGELIGHT, Inc. of the City of Houston, County of Harris, 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 # 13711 - AUDITORIUM STAGE LIGHTING RENOVATIONS - $27,376.00 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. 665 City Council Minutes November 7, 1993- 0 g q b Page 666 9\1 a 1 a3 I 3 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke /s/ Kaythie Darnell MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ illegible CONTRACTOR: Owner's Representative STAGELIGHT, INC. APPROVED AS TO FORM: By: Jerome A. Dunn /s/ Don Vandiver City Attorney PRINTED NAME: Jerome A. Dunn TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Stagelight, Inc. 2310 Richton Houston, Texas 77098 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5345 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Bid #13726--Water Meters (Water Treatment). Western Control Company, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution No. 5346 authorizing the Mayor Pro Tem to approve the City of Lubbock's Legislative Package for the 1997 75th Legislative session. RESOLUTION NO.5346 WHEREAS the Legislature of the State of Texas will convene on January 14, 1997 for the 75th regular session, and WHEREAS during the course of the session numerous issues will be presented to the Legislature that will affect the City of Lubbock, and WHEREAS City staff has developed a comprehensive package which outlines legislative initiatives, and is now recommended to be undertaken on behalf of the City, and WHEREAS the Texas Municipal League has also developed a legislative package for the upcoming session, certain portions of which have been included in the City's proposed 1997 legislative program, and City Council Minutes November 7, 1-939-7- V'A 9 b Page 667 lzl� WHEREAS the City of Lubbock recommends the adoption of the official 1997 State Legislative Program, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lubbock, of the 1997 State Legislative Package as attached is hereby approved and adopted as the official 1997 State Legislative Program of the City of Lubbock. As certain significant issues arise during the course of the session, resolutions will be presented to the City Council stating the City's position on appropriate legislation. The proposed program will then be amended to include such subsequent resolutions adopted by City Council. Passed by the City Council this 7th day of November 1996. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Assistant City Attorney This item was pulled from the consent agenda. According to staff memo, every two years the City 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 and Kenton, McKamie & Navarro for legislative services. In addition to acquiring legislative consulting services, the City of Lubbock has assembled a legislative team. Members of the legislative team met with Managing Directors to obtain their legislative proposals for the 1997 75th Legislative Program. 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: priorities for the City of Lubbock, TML supported legislative bills which the City supports, and supplemental issues staff will monitor that are not considered top priority at this time. 667 City Council Minutes November 7, 1997 1 qq b Page 668 kca 31 Pursuant to Council directive, the City of Lubbock is working diligently to take a pro -active approach to legislative proposals in the 1997 75th Legislative Session. Mikel Ward, member of SPARTAN, presented a signed petition containing 330 signatures requesting to vote on important issues such as debt and tax increases, disposal of coliseum, sale of LP&L and funding of economic development and on sports venue projects. Ms. Ward questioned the need for the City to hire two lobbyists to represent the City especially with several conflicting with citizen interests. Councilmember Hernandez questioned Issue #12 regarding monitoring of utility rates and he also stated that he could not support the election legislation removing same day voter registration. This one piece of legislation is pending research. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5346 pending the election issue as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Ince. (32.) Consider Resolution No. 5347 accepting paving improvements constructed by Williams and Peters Construction Co., Inc. in Summerfield Addition, Lots 108-160 and Tract A-4. RESOLUTION NO.5347 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF AN ALLEY IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of an alley in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th Street. SECTION 2. THAT said portions of the above -described alley shall be improved by raising, grading and filling same, and by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for a part of the cost of such improvements in the following manner: All property will be assessed ninety percent (90%) of the total construction cost. Said 668 City Council Minutes November 7, 1997 q q 6 Page 669 a1�31�� abutting property and the owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed such special benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts, and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8%) per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 108-160 & Tract A-4, Summerfield Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated 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 and avenues: 86th Street from the cul-de-sac 190 feet West of Elgin Avenue to the West lip line of Canton Avenue, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2037. 86th Street from the East lip line of Canton Avenue to the West lip line of Boston Avenue, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2037. Canton Avenue from the South end of the alley return North of 86th Street to the South end of the alley return South of 86th Street, known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2037. Dixon Avenue from the South end of the alley return North of 86th Street to the North lip line of 86th Street, known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2037. Elgin Avenue from the South lip line of 86th Street to the South end of the alley returns South of 86th Street, known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues was performed under the supervision of the City Engineer, and said City Council Minutes November 7, 1991 1 `l q b Page670 k "1a3)d3 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 improvements on said portions of the above -mentioned streets and avenues 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 this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 7th day of November 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 D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. The developer of this subdivision is Lubbock Land Company. These improvements consist of street paving and curb and gutter on: 86th Street from the cul-de-sac west of Elgin Avenue to Canton Avenue, 86th Street from Canton Avenue to Boston Avenue, Canton Avenue from the alley north of 86th Street to the alley south of 86th Street, Dixon Avenue from the alley north of 86th Street to ;86th Street, Elgin Avenue from 86th Street to the alley south of 86th Street. There is no City cost due the contractor upon this acceptance. 1 City Council Minutes November 7, 199-r Page 671 1 3 Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5347 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Neugebauer recused and excused himself from any discussion and voting on this item. (33.) Consider Ordinance No. 9946 abandoning and closing portions of a 20-foot underground utility easement and a drainage easement in Section 13, Block E-2, Lubbock County (8602 Boston Avenue). ORDINANCE NO. 9946 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN UNDERGROUND UTILITY EASEMENT AND A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATIONS. This ordinance abandons and closes a 4,375 square foot portion of a 20-foot underground utility easement west of Boston Avenue, south of 86th Street and a 16,000 square foot portion of a drainage easement south of 86th Street adjacent to Boston Avenue. These are being closed for replat purposes by Lubbock Land Company and are no longer needed for utility or drainage purposes. Staff recommended approval of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9946 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Neugebauer recused and excused himself from any discussion and voting on this item. (34.) Consider a resolution authorizing the Mayor Pro Tem to execute a supplemental grant agreement by and between the City of Lubbock as funded through Lubbock Power & Light and Market Lubbock, Inc. This item was deleted from the agenda. (35.) Consider a resolution authorizing the Mayor Pro Tem to execute a supplemental grant agreement by and between the City of Lubbock as funded through Lubbock Power & Light and Hotel/Motel Tax Reserve and Marketing, Entertainment, Travel, Tourism, Sports, Inc. This item was deleted from the agenda. 671 City Council Minutes November 7, 1997— j c\ q Page 672 R� a�a3)e3 (39.) Confirm appointment of Dr. Shirley McManigal to the Public Responsibility Committee of the Lubbock Regional Mental Health and Mental Retardation Center. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to appoint Dr. Shirley McManigal to the Public Responsibility Committee of the Lubbock Regional Mental Health and Mental Retardation Center. Motion carried: 6 Yeas; 0 Nays. (40.) Confirm reappointment of Jeanne Knapp and Pete Ruiz, and appointment of George Scott, Jim Cone, and Rice Horkey to the Airport Board. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to reappoint Jeanne Knapp and Pete Ruiz, and to appoint George Scott, Jim Cone, and Rice Horkey to the Airport Board. Motion carried: 6 Yeas; 0 Nays. (41.) Confirm appointment of Anthony Paul Frazier to the Appointments Advisory Board. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to appoint Anthony Paul Frazier to the Appointments Advisory Board. Motion carried: 6 Yeas; 0 Nays. (42.) Confirm reappointment of A. C. Bowden, Charles Planks and Joe Lopez, and appointment of Fred Wilson to the Building Board of Appeals. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to reappoint A. C. Bowden, Charles Planks and Joe Lopez, and to appoint Fred Wilson to the Building Board of Appeals. Motion carried: 6 Yeas; 0 Nays. (43.) Confirm reappointment of Bobby Norman to the Permit & License Appeals Board. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to reappoint Bobby Norman to the Permit & License Appeals Board. Motion carried: 6 Yeas; 0 Nays. (44.) Confirm reappointment of Jim Bevers and Tim Hatch to the Planning & Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to reappoint Jim Bevers and Tim Hatch to the Planning & Zoning Commission. Motion carried: 6 Yeas; 0 Nays. (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney, City Manager and City Secretary). (37.) 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). 672 City Council Minutes November 7, +997- I q 9 (o Page 673 (38.) 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 (Airport and Right - of -Way). There being no further business to come before Council, it was the consens s of Council to adjourn the meeting at 1:00 p.m. / ATTEST: �"41 U- " " al�—, Kay ie Darnell, City Secretary Read and approved this 1 Oth of March 1997. ATTEST: Kaytt Darnell, City Secretary OOKE, MAYOR PRO TEM ' COOKE, MAYOR PRO TEM 673