HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1997CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 13, 1997
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 13th
day of March 1997, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 8:00 A.M.
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor
Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson,
Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob
Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell.
8:00 A.M. CITY COUNCIL CONVENES
City Council Chambers, 1625 13th Street, Lubbock, Texas
8:03 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
( 1.) 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).
( 2.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071(a)(1), to discuss pending or
contemplated litigation (Police Department, Solid Waste and
Water Utilities).
9:30 A.M. WORK SESSION CONVENES
Committee Room 103
(3•) Discuss regular agenda items.
(4•) Presentation on revised guidelines for Lubbock Arts
Alliance/City of Lubbock Grants Program.
(5•) Discuss 1997-1998 Budget Calendar.
(6.) Summary of Sidewalk Program in the City of Lubbock and
recommendations for City Council consideration.
10:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENES
City Council Chambers
Mayor Sitton called the meeting to order at 10:50 A.M.
(7.) The Invocation was given by Dick McCreight, Pastor, New Life
Family Center.
(8.) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
City Council Minutes
March 13, 1997
Page 124
(10.) The Mayor presented a Proclamation to the ABC PRO Rodeo.
The Downtown Chapter of the American Business Clubs held the
55th Annual ABC PRO Rodeo on March 27-29. Throughout the
55 years of the rodeo, proceeds raised have gone to the Boys and
Girls Clubs of Lubbock as well as other local charities. Downtown
AMBUCS have individually contributed over $1 million to the
Boys and Girls Club of Lubbock. AMBUCS also provides
scholarships for individuals pursuing a career as physical, speech,
occupational and recreational therapists.
Mayor Sitton presented the proclamation to Ray Short.
(10A.) The Mayor presented special recognition to Epsilon Phi
Chapter of Kappa Sigma Fraternity.
The Kappa Sigma Fraternity ranked second academically in
composition. As young men were able to say no to drug activity,
the young adults acquire financial responsibility as well as strong
decision making skills.
Mayor Sitton presented the special recognition certificate to Bob
Thompson.
( 9.) Citizen Comments
Margie Jefferson spoke before the council stating that being
positive does not mean being silent. Old ways and procedure are
out. She emphasized that taking dollars and not returning dollars is
a bad image.
Cecil Puryear remarked that 30 million dollars should have gone
back to the taxpayers. He feels things are too loose and that City
Hall has a tendency to corrupt folks. He encouraged everyone to
play by the rules.
Maggie Trejo informed council that street sweeping requires a
telephone request and that grass grows in the street in her area.
She understood the cost of sweeping. Ms. Trejo pleaded with the
council to seriously consider the sidewalk project.
Mr. Chatman stated that the city audit had proven there was no
wrong doing and the issue should be dropped. The sidewalk
program is a benefit.
Mikel Ward expanded on perks, principles, and priority. She made
the comparison to Gramm's Dickey Flatt Process. She stated also
that the budget was up 27% in the last 5 years.
Mayor Sitton responded to Ms. Ward's remarks stating that she
works 12-16 hours a day for the city and wants the best for the city.
She has principles and the priorities vary from one to another.
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March 13, 1997
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Josh Brockenbeck came forth with a complaint against the
municipal court judge. Council Neugebauer informed Mr.
Brockenbeck that the municipal court judge is an elected position
and that council does not have any jurisdiction. Bob Cass said
they will pass comments to the judge and asked Mr. Brockenbeck
to leave his name and phone number.
Councilmember David Nelson gave Top 10 Reasons to Say Yes to
Lubbock.
Bob Cass advised Mayor Sitton that there was a tie bid on Bid
#97034, office furniture. Mayor Sitton drew from an envelope
containing the name of the two bidders. Hesters/McGlaun Office
Center was drawn.
Item # 15 was pulled from the Consent Agenda
(11.) Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Cooke to approve the minutes of the February
27, 1997 Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
(12.) Ordinance No. 9975--Zone Case No. 2453-A (2668 34th Street)-
-Request of W.L. Roberts (for Independent Tire and Auto
Service) for zoning change from C-3 to C-4 Specific Use
limited to a public repair garage (automotive) and all C-3
permitted uses on Lot 13 and the west 22 feet of Lot 14, Block
5, College View Addition, and to consider ordinance.
ORDINANCE NO. 9975
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2453-A; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE ZONING FOR A PUBLIC REPAIR GARAGE (AUTOMOTIVE) ON
LOT 13 AND THE WEST 22 FEET OF LOT 14, BLOCK 5, COLLEGE VIEW
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
Mayor Pro Tern Cooke to pass on second and final reading
Ordinance No. 9975 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(13.) Ordinance No. 9976--Abandon and close portions of two
drainage easements located in Section 4, Block E, Lubbock
County, Texas (7301 Avenue S).
ORDINANCE NO. 9976
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO
DRAINAGE EASEMENTS LOCATED IN SECTION 4, BLOCK E, 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
PUBLICATION.
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Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to pass on second and final reading
Ordinance No. 9976 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(14.) Ordinance No. 9977--Amend Ordinance No. 9971 by
correcting a typographical error and adding to the definition
of "telecommunications service."
ORDINANCE NO.9977
AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS
FRANCHISING AND CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to pass on second and final reading
Ordinance No. 9977 as recommended by staff. Motion carried: 7
Yeas; 0 Nays.
(15.) Ordinance No. 9978--Grant Southwestern Bell Telephone
Company a franchise authorizing and governing the use of city
property and public rights -of -way to provide
telecommunication services within the City of Lubbock.
This item was deleted from the consent agenda.
(16.) Consider Ordinance No. 9979 abandoning and closing a
portion of 82nd Street located in Section 13, Block E-2,
Lubbock County (3001 82nd Street).
ORDINANCE NO. 9979
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 82ND STREET
LOCATED IN SECTION 13, BLOCK E-2, 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 PUBLICATION.
According to staff memo, this ordinance abandons and closes a
1,306.8 square foot street stub area on the south side of 82nd Street
where Elgin Avenue would intersect. This street stub area is being
closed for replatting into a commercial lot. This street stub was
platted several years ago for Elgin Avenue and will not be needed.
This area will be sold to the abutting land owner, Lubbock
Commercial Buildings. This land is valued at 150 per square foot
taken from abutting land values. The amount due the City will be
$196.02.
Staff recommended the first reading of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9979
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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(17.) Consider Resolution No. 5431 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Revier Farm Addition, Lots 372-412.
RESOLUTION NO.5431
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 372-412, Revier
Farm Addition, made arrangements with Williams and Peters Construction Co., Inc., for
the construction of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Code prior to the recording of the subdivision
plat of the above -mentioned Addition, including the following streets and avenues:
Juneau Avenue from the North lip line of 5th Street to the South ROW
line of 4th Street, known and designated as New Subdivision Sub -Unit
Number 16 of Unit Number 2037.
5th Street from 7 feet West of the West Property Line of the alley West of
Ironton Avenue to 7 feet West of the West Property Line of the alley West
of Juneau Avenue, known and designated as New Subdivision Sub -Unit
Number 17 of Unit Number 2037.
6th Street from the East Property Line of Lot 386, Revier Farm Addition
to 7 feet West of the West Property Line of the alley West of Ironton
Avenue, known and designated as New Subdivision Sub -Unit Number 18
of Unit Number 2037.
7th Street from the East Property Line of Lot 381, Revier Farm Addition
to 7 feet East of the East Property Line of the alley East of Justice Avenue,
known and designated as New Subdivision Sub -Unit Number 19 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 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.
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March 13, 1997
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Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 paving
improvements required at the time of platting this new subdivision.
These improvements consist of street paving, curb and gutter.
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
Mayor Pro Tern Cooke to authorize Resolution No. 5431 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(1g.) Consider Resolution No. 5432 accepting paving improvements
constructed by Hub City Pavers, Inc., in Park Lorraine Village
Addition, Lots 1-14.
RESOLUTION NO.5432
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A
STREET 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 1-14, Park
Lorraine Village Addition, made arrangements with Hub City Pavers, Inc., for the
construction of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Code prior to the recording of the subdivision
plat of the above -mentioned Addition, including the following street:
35th Street from the East lip line of Ironton Avenue to the East end of the
cul-de-sac 335 feet East of Ironton Avenue, known and designated as New
Subdivision Sub -Unit Number 50 of Unit Number 2037.
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WHEREAS, the construction of the above improvements on the above -mentioned
street 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
street BE and the same are hereby accepted and the City Engineer 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 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 paving
improvements required at the time of platting this new subdivision.
These improvements consist of street paving and curb and gutter
on 35th Street from Ironton Avenue 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
Mayor Pro Tern Cooke to authorize Resolution No. 5432 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(19.) Consider Resolution No. 5433 accepting paving improvements
constructed by West Texas Paving, Inc. in Santa Fe Park
Addition, Lots 14 and 15.
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March 13, 1997
Page 130
RESOLUTION NO.5433
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A
STREET AND AN AVENUE 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 14 and 15, Santa
Fe Park Addition, made arrangements with West Texas Paving, Inc., for the construction
of paving improvements on certain streets and avenues dedicated in said subdivision
under the provisions of said Code prior to the recording of the subdivision plat of the
above -mentioned Addition, including the following street and avenue:
43rd Street from the East lip line of Milwaukee Avenue to the West End
of Radius of Ironton Avenue, known and designated as New Subdivision
Sub -Unit Number 64 of Unit Number 2036.
The East half of Milwaukee Avenue, curb and gutter and drainage channel
only, from the alley return South of 38th Street and the North ROW line of
SP and SF Railroad, known and designated as New Subdivision Sub -Unit
Number 63 of Unit Number 2036.
WHEREAS, the construction of the above improvements on the above -mentioned
street and avenue 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
street and avenue BE and the same are hereby accepted and the City Engineer 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 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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
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March 13, 1997
Page 131
According to staff memo, this is a routine acceptance of paving
improvements required at the time of platting this new subdivision.
These improvements consist of street paving, curb and gutter.
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
Mayor Pro Tern Cooke to authorize Resolution No. 5433 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(20.) Consider Resolution No. 5434 authorizing the Mayor to
execute an Amendment to Contract No. 517-XXF-6016 with
the Texas Department of Transportation for operating
assistance.
RESOLUTION NO. 5434
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 Amendment No. 1 to
Contract No. 517-XXF-6016 between the City of Lubbock and the Texas Department of
Transportation, attached hereto, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of Amendment to Contract is filed with Resolution 5434.
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According to staff memo, the Texas Department of Transportation
(TxDOT) is allocating $663,712 of public transportation funds to
the City of Lubbock for operating assistance to maintain its public
transportation system (Citibus). This amends the original contract
by increasing the allocation of funds by $232,895. These funds
will help offset the loss of Federal Operating Assistance. The
amendment becomes effective on the final date of execution by the
State's Director of Public Transportation and shall terminate on
August 31, 1997. By accepting this amendment, the City of
Lubbock is not obligated to allocate further funding during this
fiscal year.
Citibus recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5434 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Consider the price and condition of sale of Parcel Numbers
15760-17-180, 190 & 120 at 2624, 2626 and 2630 Fir Avenue in
the Chatman Hill Addition.
According to staff memo, this is a proposed sale of property by the
Urban Renewal Agency to the Community Housing Resource
Board (CHRB), a non-profit organization, for $1,200 at $400 per
lot. These properties are to be redeveloped with three 1,192 square
foot single-family residences valued at $46,000 each. The land is
properly zoned.
These lots are on the west side bordering the environmental
concern area south of East 26th Street, north of Coronado Drive
between Globe Avenue and Southeast Drive. CHRB has been
informed of these environmental concerns. Information on other
Urban Renewal lots has been made available. These lots are on the
same blocks as two recently built homes and are one block east of
the Chatman Memorial Center, Inc.'s project where two out of
seven proposed homes have been completed.
The Urban Renewal Board of Commissioners has recommended
that any bid received in this area be reviewed on a case -by -case
basis. On February 26, 1997, the Urban Renewal Board of
Commissioners recommended that this proposal be accepted and
approved subject to City Council approval. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize the sale of the parcels as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(22•) Consider Resolution No. 5435 authorizing strip paving to be
done in the Skyview Addition.
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RESOLUTION NO.5435
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 Resolution authorizing
strip paving to be done in the Skyview Addition. Said Resolution shall be included in the
minutes of the Council.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
of Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
According to staff memo, funding for this project was approved by
the City Council in May 1995 as part of the Community
Development Block Grant proposed projects. The $300,000
project called for paving in the areas of Arnett Benson, Harwell,
and Skyview. With all infrastructure projects, Street/Drainage
Engineering prepares the specifications for bidding and
construction. They have noted an area of concern which requires
Council consideration. The City code requires street paving to
include curb and gutter, with a provision for the City Council to
approve strip paving if it is determined to be appropriate for site
conditions. The Skyview Addition has strip paving with ditches for
drainage. Combining curb and gutter paving in this area creates
drainage problems where gutter flowlines tie into ditch flowlines.
Additionally, there is a concern on some right-of-way within the
Skyview Addition which may require the identification of other
paving in other eligible areas.
Staff recommends continuing with the strip paving in the Skyview
neighborhood to avoid future drainage problems. Additionally,
staff also recommended that any savings in costs be used toward
paving in other eligible areas as identified by the staff.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5435 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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(23.) Consider Resolution No. 5436 authorizing the City Manager to
execute Community Development Microenterprise Loan
agreements for economic development of $15,000 or less on
behalf of the City of Lubbock.
RESOLUTION NO.5436
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, Community Development
Microenterprise Loan agreements in substantially the same form as attached hereto for
economic development of $15,000 or less on behalf of the City of Lubbock. Said Forms
are 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 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
of Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
According to staff memo, in November 1996 the City Council
amended the Community Development's Microenterprise Loan
Program funding to $150,000. Federal regulation allow for loans
up to $15,000 to each qualified small business. Criteria for the
evaluation and selection of economic development projects are set
in federal guidelines. In the evaluation of project costs and
financial requirements, also referred to as underwriting guidelines,
staff must ensure that project costs are reasonable, that all sources
of project financing are committed, that CDBG funds are not
substituted for non -Federal financial support, that the project is
financially feasible, that the return on the owner's equity
investment will not be unreasonably high, and that CDBG funds
are disbursed on a pro -rated basis with other finances provided to
the project.
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Public benefit standards include the creation or retention of at least
one full-time equivalent permanent job per $35,000 of CDBG
funds used or the provision of goods or services to residents of an
area such that the number of low and moderate income persons
residing in the areas served by the assisted businesses amounts to
at least one low -moderate -income person per $350 of CDBG funds
used.
The Community Development/Housing Department has developed
a program which follows the above -mentioned guidelines and
which will work with existing economic development entities to
solicit applicants for this program. Staff will continue to utilize a
loan review committee made up of private bankers, representatives
from other economic development entities, and staff to make
decisions on the necessity and appropriateness of community
development funding on all requests. The business will be
monitored for job creation and long-term growth.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Cooke to authorize Resolution No. 5436 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(24.) Consider Resolution No. 5437 authorizing the Mayor to
execute a contract with David M. Griffith & Associates, Ltd.,
to provide professional services for the purpose of auditing
franchise fee payments.
RESOLUTION NO.5437
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 to provide
Franchise Fee Compliance Audit Services, attached herewith, by and between the City of
Lubbock and David M. Griffith & Associates, Ltd., 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.
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March 13, 1997
Page 136
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mendell Schelin
Mendell Schelin, Internal Auditor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of Consultant Contract is filed with Resolution 5437.
According to staff memo, the City Council has granted Energas
and Southwestern Public Service the right to do business within the
City. In exchange for these franchises, both Energas and
Southwestern Public Service pay a fee equal to three percent of
their gross annual revenues. Because the fees paid are significant,
staff believes that from time to time it is prudent to review the
franchisees' books and records as allowed by the franchise
agreements. Such an audit would test the compliance with the
terms of the franchise contracts and ensure that all fees due for the
use of public rights -of -way are being paid to the City. Franchise
fees collected from Southwestern Public Service and Energas over
the past four years are as follows:
YE9/30/XX SPS Energas
1993 $1,502,194.57 $1,045,266.50
1994 1,577,604.08 1,048,491.54
1995 1,557,906.97 933,052.28
1996 1,598,624.53 1,256,117.94
Totals $6,236.330.15 $3,919.766.71
The City's Internal Audit staff has extensive audit experience.
However, the auditing of utility franchise agreements requires
specialized experience and expertise. David M. Griffith and
Associates (DMG) has a staff of professionals with more than
thirty years of experience in dealing with municipal franchise
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City Council Minutes
March 13, 1997
Page 137
matters including litigating, negotiating and auditing franchise
agreements.
DMG has agreed to perform the audits on a contingent fee basis.
The proposed fee arrangement would have the City split with
DMG on a fifty-fifty basis any additional amounts of franchise fees
collected subject to a cap of $250,000 per franchisee audited. The
City would also reimburse DMG their actual travel and per diem
expenses up to $2,500 per franchisee audited.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Cooke to authorize Resolution No. 5437 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(25.) Consider Resolution No. 5438 stating the intent to pave
portions of streets and alleys on an assessment program.
RESOLUTION NO. 5438
1995 ASSESSMENT PAVING PROGRAM
WHEREAS, the City Council of the City of Lubbock by Resolution Nos. 5023
and 5388 passed on November 9, 1995, and January 9, 1997, respectively, in regular
session of said City Council, declared a necessity for and ordered the improvement of
those certain highways, streets, avenues and alleys or portions thereof in the City of
Lubbock, Lubbock County, Texas, as more particularly described hereafter, by
excavating, grading and paving the same, and by the construction of drainage facilities
therein, and by the construction of curbs and gutters wherein curbs and gutters are not
now in place, and directed the City Engineer to prepare plans and specifications for said
improvements; and
WHEREAS, the plans and specifications for the improvements of said highways,
streets, avenues, and alleys have now been duly approved by the City Council of the City
of Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock
County, Texas, to be necessary and in the public interest to make the improvements
herein designated on those certain highways, streets, avenues and alleys or portions
thereof, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT improving the hereinafter described highways, streets,
avenues and alleys or portions thereof located within the City of Lubbock by excavating,
grading and paving the surface thereof and the construction of drainage facilities therein,
as well as the necessary curbs and gutters, which are not now in place, is hereby found to
be a necessity.
SECTION 2. THAT the cost of making such improvements shall be partly paid
for by the City of Lubbock and partly by the owners of property abutting upon the
hereinafter described highways, streets, avenues and alleys or portions thereof which are
hereby ordered to be improved, and the cost to be paid by the owners shall be a personal
liability and charge against the true owners of such property after public hearing, all in
accordance with and as required by Title 6, Subtitle E, Chapter 313 of the Texas
Transportation Code.
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Page 138
SECTION 3. THAT the portions of highways, streets, avenues and alleys which
are to be improved and the abutting property proposed to be assessed for said
improvements designated and defined by Unit and Sub -Unit are as follows:
UNIT AND SUB -UNIT ALLEYS (10' WIDE)
A-461-72 The East-West alley between 68th Street and
69th Street from Memphis Avenue to 69th
Street.
UNIT AND SUB -UNIT
2240-90
2241-8
2242-4
STREETS AND AVENUES
26th Street from LaSalle Avenue to
Kewanee Avenue.
66th Street from Frankford Avenue to Iola
Avenue.
Frankford Avenue from Spur 327 to 50th
Street.
SECTION 4. THAT the City Secretary be and is hereby authorized and directed
to prepare a certified copy of this Resolution and to record or cause the same to be
recorded in the Real Property Records of Lubbock County, Texas.
SECTION 5. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertell, City Engineer
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
According to staff memo, this is the third of five resolutions
associated with an assessment program for the construction of
paving improvements.
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Page 139
This resolution will be filed in the Real Property Records of
Lubbock County, and serves to notify anyone doing title research
that an assessment on the affected properties is in progress.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5438 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(26.) Consider Resolution No. 5439 directing the City Engineer to
prepare and file estimates and assessment rolls for paving
improvements to be included in an assessment program.
RESOLUTION NO.5439
A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND
FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED 1995
ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES
OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the governing body of the City of Lubbock has heretofore ordered
and provided for the improvement of portions of sundry streets, highways, avenues and/or
alleys in and along the boundaries of the City as designated below:
UNIT AND SUB -UNIT ALLEYS (10' WIDE)
A-461-72 The East-West alley between 68th Street and
69th Street from Memphis Avenue to 69th
Street.
UNIT AND SUB -UNIT
2240-90
2241-8
2242-4
STREETS AND AVENUES
26th Street from LaSalle Avenue to
Kewanee Avenue.
66th Street from Frankford Avenue to Iola
Avenue.
Frankford Avenue from Spur 327 to 50th
Street.
WHEREAS, it is proposed to make and levy assessments against abutting
property and the owners thereof and others for a portion of the cost of such
improvements; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Engineer of the City BE and he is hereby directed to
prepare and file with the City estimates showing the cost of improvements in each Unit,
showing the description of the property abutting upon each unit with the names of the
owners of such property and the amounts proposed to be assessed against each parcel of
property, showing other matters and things, it being specially provided, however, that any
mistake in such estimates or in amounts and in the descriptions of property or names of
owners shall in no way affect, invalidate or impair any assessment which may levied.
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Page 140
SECTION 2. THAT such estimates, rolls and statements shall show all
information required to be shown thereon by the proceedings of the City relating to such
improvements and the laws and charter currently in force for the City, and by the
provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 the fourth of five resolutions
associated with an assessment program for the construction of
paving improvements.
This resolution directs the City Engineer to prepare assessment
rolls to include affected property descriptions, owners, and
proposed assessment rates.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5439 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(27.) BID #97027--Water Tanker (Fleet Services).
West Texas Equipment, L.P.--Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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March 13, 1997
Page 141
(28.) BID #97028--Traffic Signal Cabinet & Controller (Traffic).
Traffic Engineering & Controls, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(29.) BID #97030--Arnett Benson Senior Center Roof Replacement,
and authorize same (Culture & Leisure Services).
RESOLUTION NO.5440
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 Lydick -Hooks Roofing Company, of
Lubbock, Texas, to install and furnish all materials and services as bid for the Arnett
Benson Senior Center Roof Replacement, 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.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ 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 13th day of March, 1997, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Lydick -Hooks Roofing Company of Lubbock, Inc., of the City of
Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
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Page 142
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 #97030 - ARNETT BENSON SENIOR CENTER ROOF REPLACEMENT - $27,797.00
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.
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
First Assistant City Attorney
ATTEST:
Corporate Secretary
/s/ Rita Wheeler
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lydick -Hooks Roofing Company
of Lubbock, Inc.
By: /s/ Ralph N. Hooks, Jr.
PRINTED NAME: Ralph N. Hooks, Jr.
TITLE: President
COMPLETE ADDRESS:
Lydick -Hooks Roofing Company
of Lubbock, Inc.
P. O. Box 2605
Lubbock, Texas 79408
Lydick Hooks Roofing Company of Lubbock, Inc., Lubbock,
Texas.
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Page 143
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize RESOLUTION NO. 5440 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(30.) BID #97033--Plant Material - Six Month Pricing (Parks &
Recreation).
Jenco Wholesale Nurseries-40 Ea Bald Cypress; 40 Ea Globe
Willow; 15 Ea Hackberry; 7 Ea Cedar Elm; 20 Ea Texas/Red
Oak/Shumard Oak; 15 Ea Western Soapberry; 10 Ea Eastern Red
Cedar; 40 Ea Keteleeri Juniper.
Tom's Tree Place-40 Ea Freemont Cottonwood; 15 Ea Lacebark
Elm; 20 Ea Aristocrat Pear; 3 Ea Bradford Pear; 20 Ea Texas
Redbud; 15 Ea Washington Hawthorn; 10 Ea Choctaw.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Cooke to approve low bids meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(31.) BID #97034--Office Furniture - Annual Pricing (Various
Departments).
Hesters/McGlaun--Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(32.) BID #97035--Parking Control & Off Road Flatbed Vehicle
(Fleet Services).
Associated Supply Company, Inc.--2 Ea Parking Control Vehicle
per Spec #205; 1 Ea Off Road Full Ton Flat Bed Vehicle per Spec
#324.
White Bear Sales, Inc.--1 Ea Parking Control Vehicle per Spec
#206.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
(33.) BID #97036--Landfill Compactor Emergency Repair (Fleet
Services).
West Texas Equipment --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bids meeting
specifications as recommended by staff. Motion carried: 7 Yeas;
0 Nays.
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March 13, 1997
Page 144
(34.) BID #97038--Lubbock Municipal Coliseum Exit Door
Installation, and authorize same (Facilities Management).
RESOLUTION NO. 5441
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 Lubbock Building Services, Inc., of
Lubbock, Texas, to install and furnish all materials and services as bid for the Lubbock
Municipal Coliseum, 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.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 13th day of March, 1997, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Lubbock Building Services, 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 #97038 - LUBBOCK MUNICIPAL COLISEUM EXIT DOOR INSTALLATION - $94,400.00
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City Council Minutes
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Page 145
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.
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
/s/ Ann M. Smith
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lubbock Building Services, Inc.
By: /s/ Jerry Smith
PRINTED NAME: Jerry Smith
TITLE: President
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
5121 69th Street Suite B-1
Lubbock, Texas 79424
Lubbock Building Services, Inc., Lubbock, Texas.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5441 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(35.) BID #97040--Paint-Up Program Supplies - Annual Pricing
(Community Development).
Sherwin Williams Company --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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Page 146
(36.) BID #97041--Solar Powered Motion Sensor Floodlight -
Annual Pricing (Community Development).
Nunn Electric Supply --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(37.) BID #97045--Roof Top HVAC Unit Installation, and authorize
same (Facilities Management).
RESOLUTION NO.5442
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 Armstrong Mechanical Company,
Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the
Roof Top HVAC Unit Installation, 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.
Passed by the City Council this 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 13th day of March, 1997, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Armstrong Mechanical Co., Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
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Page 147
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 #97045 - ROOF TOP UNIT INSTALLATION AT CITIBUS - $16,895.00
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.
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/ George Lesenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Armstrong Mechanical Co., Inc.
By: /s/ Woody Martin
PRINTED NAME: Woody Martin
TITLE: Vice President
COMPLETE ADDRESS:
Armstrong Mechanical Co., Inc.
P. O. Box 3430
Lubbock, Texas 79452
Armstrong Mechanical Company, Inc., Lubbock, Texas.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5442 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
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Page 148
(38.) BID #97046--Cutouts & Fuses - Annual Pricing (Central
Warehouse).
Cummins Utility Supply --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(39.) BID #97071--Gas Turbine Parts (Electric Production).
Stewart & Stevenson Technical Services, Inc. --Total bid.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Cooke to approve low bid meeting specifications
as recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(15.) Ordinance No. 9978--Grant Southwestern Bell Telephone
Company a franchise authorizing and governing the use of
City property and public rights -of -way to provide
telecommunications services within the City of Lubbock.
ORDINANCE NO.9978
AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE
COMPANY A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY
PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE
TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK.
Motion was made by Councilmember Neugebauer, seconded by
Mayor Pro Tern Cooke to pass on second and final reading
Ordinance No. 9978 as recommended by staff. Motion carried: 6
Yeas; 1 Nay--Councilmember Hernandez.
(40.) Consider Resolution No. 5443 accepting paving improvements
constructed by Williams and Peters Construction Co., Inc., in
Remington Park Addition, Lots 199-223.
RESOLUTION NO. 5443
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN
AVENUE 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 199-223,
Remington Park Addition, made arrangements with Williams and Peters Construction
Co., Inc., for the construction of paving improvements on certain streets and avenues
dedicated in said subdivision under the provisions of said Code prior to the recording of
the subdivision plat of the above -mentioned Addition, including the following avenue:
The West half of Albany Avenue from the North lip line of 73rd Street to
the North line of the alley North of 70th Street, know and designated as
New Subdivision Sub -Unit Number 20 of Unit Number 2037.
City Council Minutes
March 13, 1997
Page 149
WHEREAS, the construction of the above improvements on the above -mentioned
avenue 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
avenue BE and the same are hereby accepted and the City Engineer 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 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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 required at
the time of platting this new subdivision. These improvements
consist of street paving and curb and gutter on the West half of
Albany Avenue from 73rd Street to the alley North of 70th Street.
The developer of this subdivision is Lubbock Land Company.
There is no City cost due the contractor upon this acceptance.
Staff recommended the approval of this resolution.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Patterson to authorize Resolution No. 5443 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays--
Councilmember Neugebauer recused and excused himself from
any discussion and voting on this item.
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Page 150
(41.) Consider Resolution No. 5444 authorizing the Mayor to
execute an agreement regarding landfill issues.
RESOLUTION NO. 5444
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 Settlement Agreement
between the City of Lubbock and Ronnie Hamilton and Freddie Shaw, 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 13th day of March 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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/ Jeff Hartsell
Jeff Hartsell, Supervising Attorney,
Trial Litigation Section
A copy of the Settlement Agreement is filed with Resolution 5444.
Motion was made by Councilmember Neugebauer, seconded by
Mayor Pro Tern Cooke to authorize Resolution No. 5444 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(42.) Confirm appointment of James Crowson to Market Lubbock
Economic Development Corporation Board of Directors.
This item was deleted from the agenda as confirmation was made
in the appointment process February 27, 1997.
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Page 151
(43.) Confirm appointment of the following people to the
Community Development and Services Board: Jim Gomez,
Rhonda Truett, Edwin Scott, Jr., David Sowell, Larry Rogers,
Tom Rohrig, Mark Blakemore, Jane Anne Stinnett, Todd
McKee, Maria Montes, Annie Hutchinson, Grey Lewis, Julio
Llanas, Richard Molina, Dr. Nancy Ridenour, Eric Strong, and
Alex Torres.
Motion was made by Mayor Pro Tern Cooke, seconded by
Councilmember Hernandez to appoint Jim Gomez, Rhonda Truett,
Edwin Scott, Jr., David Sowell, Larry Rogers, Tom Rohrig, Mark
Blakemore, Jane Anne Stinnett, Todd McKee, Maria Montes,
Annie Hutchinson, Grey Lewis, Julio Llanas, Richard Molina, Dr.
Nancy Ridenour, Eric Strong and Alex Torres to the Community
Development and Services Board. Motion carried: 7 Yeas; 0 Nays.
There being no further business or discussion, motion was made by
Councilmember Patterson, seconded by Councilmember
Neugebauer to adjourn the meeting at 11:40 A.M. Motion carried:
7 Yeas; 0 Nays.
WINDY SITTON, MAYOR
ATTEST:
/ t" I I -j
ayt arnell, City Secretary
Read and approved this kh day of klatl A, 1997.
DY SITTMAYOR
151