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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/16/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 16, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 16th day of November 1995, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:03 A.M. ( 1.) The Invocation was given by Stan Howse, Minister of Unity Church. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. (3.) Mayor Langston Presented honorary citizenship certificates to Intensive English Program students from Texas Tech University. Mayor Langston presented honorary citizenship certificates to nine foreign students enrolled in the intensive English program at Texas Tech University. ( 4.) Mayor David Langston and Lowell Bowman, President of West Texas Home Builders Association, recognized Max Garza, City Building Official, and his staff for their cooperation and efforts in promoting the building industry in Lubbock. Lowell Bowman, President of the West Texas Home Builders Association, explained that Max Garza was recently presented the Advocate of the Year Award by the West Texas Home Builders Association for his efforts and those of his staff to promote the building industry in Lubbock. This award is presented to persons who are outside the industry and yet have made significant contributions toward promoting the building industry. Mayor Langston and Lowell Bowman recognized the efforts of Mr. Garza and the staff of the Building Inspection Department. City Council Meeting November 16, 1995 Page 802 ( 5.) Presentation of GFOA Distinguished Budget Award for the 1994-95 Budget. Randy Moravec, Vice -Chairman of the Government Finance Officers Association (GFOA) Committee on Governmental Budgeting and Management, presented the GFOA Distinguished Budget Presentation Award to the City of Lubbock for its 1994-95 budget document. This is the eleventh Distinguished Budget Presentation Award presented to the City of Lubbock in the past twelve years. Mr. Moravec explained that this award is the highest form of recognition in governmental budgeting and represents a significant achievement by the organization. A panel of independent reviewers conduct an in-depth examination of the budget document. To achieve 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. Anna Mosqueda, Director of Management Services, accepted the award on behalf of the City of Lubbock and acknowledged the City staff and Budget and Research Department staff for their efforts in producing the document. ( 6.) ORDINANCE #9849--Abandoning and closing a portion of 98th Street in Section 16, Block E-2, Lubbock County, Texas (4502 98th Street). ORDINANCE 49849 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTION 16, 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 PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9849 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. ( 7.) ORDINANCE #9850--Abandoning and closing a portion of 98th Street in Sections 14 and 17, Block E-2, Lubbock County. Texas (4302 98th Street). ORDINANCE 49850 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 98TH STREET LOCATED IN SECTIONS 14 AND 17, 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 PUBLICATION. :1 City Council Meeting November 16, 1995 Page 803 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9850 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. ( 8.) ORDINANCE #9853--Abandoning and closing a 10-foot electric line easement in Section 8, Block B, Lubbock Counri,, Texas (4709 Avenue Q. ORDINANCE 99853 AN ORDINANCE ABANDONING AND CLOSING A TEN FOOT ELECTRICAL UTILITY EASEMENT LOCATED IN SECTION 8, BLOCK B, 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. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9853 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. (9.) ORDINANCE #9854--Zone Case No. 2763 (northeast corner of 52nd Street and Ivory Avenue) --Request of Hugo Reed and Associates (for Billy Hall) for a zoning change from R-1 to M- 1 (Parking area for industrial use) on Lots 17, 17-A and 18, James Subdivision. ORDINANCE #9854 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2763; A ZONING CHANGE FROM R-1 TO M-I ZONING ON LOTS 17, 17-A AND 18, JAMES SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9854 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. 803 City Council Meeting November 16, 1995 Page 804 (10.) ORDINANCE 49857--Zone Case No. 1490-P (5164 69th Street) --Request of Chips Club, Inc., for a zoning change from C-3 to C-4 limited to a gameroom and bar and all permitted C- 3 uses on the east 146 feet of the south 188 feet of Lot 2-A, Fiesta Autoland. ORDINANCE #9857 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-P; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON THE EAST 146 FEET OF THE SOUTH 188 FEET OF LOT 2-A, FIESTA AUTOLAND CENTER, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9857 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. (11.) ORDINANCE #9858--Repealing Sections 27-181 through 27- 209 of Chapter 27, Article VI of the City of Lubbock Code of Ordinances entitled "Wrecker Service." Enact Sections 27- 181 through 27-192, Chapter 27, Article VI entitled "Tow Truck Services." ORDINANCE 49858 AN ORDINANCE REPEALING SECTIONS 27-181 THROUGH 27-209 OF CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK AND ENACTING SECTIONS 27-181 THROUGH 27-192 IN LIEU THEREOF; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9858 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. (12.) Consider Resolution 45028 authorizing the Mayor to execute a quitclaim deed in favor of Hubert E. Cone (4502 98th Street). RESOLUTION 45028 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 Quitclaim Deed in favor of Hubert E. Cone, 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. W City Council Meeting November 16, 1995 Page 805 Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Quitclaim Deed in favor of Hubert E. Cone is filed with Resolution No. 5028. According to staff memo, this deed quitclaims a .532-acre tract of land that was dedicated in 1984 by Hubert E. Cone for the construction of 98th Street. In 1994 Dr. Cone dedicated a new portion of 98th that was needed for the realignment of 98th and Quaker Avenue as requested by the Texas Department of Transportation. The State has completed this 98th Street widening project. Since Dr. Cone was the original dedicator, he will not be charged for the right-of-way. The Right -of -Way Department recommended the approval of this quitclaim deed. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution 95028 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (13.) Consider Resolution #5029 authorizing the Mayor to execute a quitclaim deed in favor of H A Sessions (4302 98th Street). RESOLUTION #5029 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 Quitclaim Deed in favor of H. A. Sessions attached herewith, 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. O City Council Meeting November 16, 1995 Page 806 Passed by the City Council this 16th day of November 1995. /s/ David R. Lang_ston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Quitclaim Deed in favor of H. A. Sessions is filed with Resolution No. 5029. According to staff memo, this deed quitclaims a 1.030 acre tract of land that was dedicated in 1984 by H.A. Sessions for the construction of 98th Street. In 1994 Mr. Sessions dedicated a new portion of 98th Street that was needed for the realignment of 98th Street and Quaker Avenue as requested by the Texas Department of Transportation. The State has completed this 98th Street widening project. Since Mr. Sessions was the original dedicator, he will not be charged for this right-of-way. The Right -of -Way Department recommended the approval of this quitclaim deed. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5029 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (14.) Consider Resolution 45030 authorizing the Mayor to execute a change order to the 800 MHz Voice Radio System contract with Ericsson Inc., for the purchase of Citibus radio equipment. RESOLUTION 45030 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 Change Order Number One for a System Purchase Contract by and between the City of Lubbock and Ericsson, Inc., adding 56 trunk mount radios, 8 portable radios, 2 control stations, and accessories for Citibus use, 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. :1• City Council Meeting November 16, 1995 Page 807 Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tom W. Tuning Tom W. Tuning, Managing Director of Information and Communication Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order Number One is filed with Resolution No. 5030. According to staff memo, the City of Lubbock is currently installing an 800 MHz voice radio system from Ericsson, Inc. The — contract is for $4,017,707. The system is to serve the needs of all City departments, University Medical Center EMS, and Lubbock Independent School District police. The system installation is on schedule for a February 1996 implementation. Through this change order, Citibus is joining the 800 MHz radio system project. The change order provides Citibus with 56 trunk mount radios primarily for buses, 8 portable radios, and 2 control stations. The equipment will be installed as new buses are delivered in 1996 and in existing vehicles as required. The total cost of the equipment is $186,528. The Federal Transportation Administration is providing 80 percent of these funds; the other 20 percent will be paid by Citibus, who has already budgeted the funds. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5030 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (1�•) Consider a resolution authorizing the Mayor to execute an agreement renewing the contract with Texas Tech University Health Sciences Center Department of Pediatrics C A R E Center. This item was deleted from the agenda. City Council Meeting November 16, 1995 Page 808 (16.) Consider Resolution #5031 authorizing the Mayor to execute a Joint funding agreement with the Geological Survey of the U.S. Department of the Interior. RESOLUTION #5031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Joint Funding for Water Resources Investigations, involving streamflow and water -quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached herewith, 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 16th day of November 1995. /S/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ BeM M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, the City of Lubbock has participated in a joint funding agreement with the Geological Survey of the U.S. Department of the Interior since the mid- 1970s in order to acquire data on the quantity and quality of water entering the Lake Alan Henry reservoir site. The agreement calls for a City payment of $13,370, which is $500 less than the prior annual agreement. Because of the need for continuous water quantity and quality data on the inflow to Lake Alan Henry, staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5031 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. City Council Meeting November 16, 1995 Page 809 (17.) Consider Resolution #5032 authorizing the Mayor to execute contracts with Compliance Services Group, Inc., and ENPROTEC, Inc., for environmental engineering services. RESOLUTION 45032 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 Environmental Engineering Services Agreements with Compliance Services Group, Inc. and Enprotec, Inc., attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson, Emergency Management Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreements for environmental engineering services by and between the City of Lubbock and Compliance Services Group, Inc., and Enprotec, Inc., are filed with Resolution No. 5032. According to staff memo, environmental engineering services are being performed to assess, abate, and remediate six contaminated underground storage tank sites and two industrial hazardous waste sites. These services require Texas Natural Resource Conservation Commission (TNRCC) certification and are eligible for reimbursement from TNRCC. Environmental engineering services will be provided to the City of Lubbock on an actual time and materials basis. Funding for environmental engineering services is available under two 1994 capital projects. The projected cost of $474,100 will be paid from the $1,059,000 Capital Projects Budget. M City Council Meeting November 16, 1995 Page 810 A major part of the City's Underground Storage Tank Remediation Program is the management of the Petroleum Storage Tank (PST) and Resource Conservation Recovery Act (RCRA) sites that have problems with soil and/or ground water contamination. The firms will provide environmental engineering services to ensure that the contaminated sites are remediated in accordance with TNRCC and EPA rules and regulations. Work provided by these firms includes site assessment, abatement, and remediation activities for each site listed and assigned in the firm's contract. Staff recommended approval of the contracts for environmental engineering services to be provided by Compliance Services Group, Inc., and ENPROTEC, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5032 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (18.) Consider Ordinance #9859 authorizing the Mayor to grant city employees prior service credit for probationary service (not in excess of six months) as credit toward service time under the Texas Municipal Retirement System as authorized under Section 853.303, Title 8 of the Government Code ORDINANCE #9859 AN ORDINANCE GRANTING TO THE CITY OF LUBBOCK EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 853.303, TITLE 8, OF THE GOVERNMENT CODE. This ordinance allows TMRS cities to grant up to six months retirement credit to employees who were hired on a probationary basis prior to September 1, 1989. The credit is provided to a probationary employee who did not receive credited service under TMRS because the employee was not enrolled during the probationary period. The credit is a monetary credit based on the employee's average monthly compensation paid during the probationary period. The only employees covered by TMRS who had a formal probationary period were sworn police employees. The City of Lubbock enrolled these employees in TMRS during their probationary period beginning as early as 1957. Only one current active employee (hired July 1, 1955) was not enrolled until he completed his six -months probationary period. This employee has the longest tenure of current active police employees. The cost to the City of Lubbock is $5,000. Staff recommended that the City Council pass this ordinance on first reading. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9859 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. -WE City Council Meeting November 16, 1995 Page 811 (19.) Consider Resolution 45033 authorizing Amendment 1 to the management service agreement behveen the City of Lubbock and Bob Cass, extending the agreement from six months to eight months as provided in Section 7 of said agreement. RESOLUTION #5033 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 1 to Management Service Agreement by and between the City of Lubbock and Mr. Bob Cass, 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 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ John C. Ross. Jr. John C. Ross, Jr., City Attorney A copy of the Amendment No. 1 to the Management Service Agreement by and between the City of Lubbock and Bob Cass is filed with Resolution No. 5 03 3. This resolution extends the original agreement between the City of Lubbock and Bob Cass by an additional two months. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution 95033 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. 811 City Council Meeting November 16, 1995 Page 812 (20.) Consider Resolution #5034 authorizing the Mayor to execute an interlocal agreement with Lubbock County for the City of Lubbock to provide on -site sewage facilities inspections in the Coun RESOLUTION 45034 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 Sewage Facilities Inspection Agreement, attached herewith, by and between the City of Lubbock and the Commissioners' Court of Lubbock County, Texas, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s//s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director of Health & Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Sewage Facilities Inspection Agreement by and between the City of Lubbock and the Commissioner's Court of Lubbock County, Texas, is filed with Resolution No. 5034. This interlocal agreement provides for the inspection of septic systems and individual sewage facilities in Lubbock County. Currently more than 400 individual septic systems are being constructed annually in Lubbock County. It is important that these systems be inspected to ensure that they are properly installed so as to protect the groundwater. This agreement has been renewed every three years for more than 30 years. The three-year contract pays all expenses related to sewage facilities inspections. The amount for the sewage contract with an annual three percent increase is $152,814. In addition, the City receives $65 in permit fees for each septic system installed in Lubbock County. 812 City Council Meeting November 16, 1995 Page 813 The Environmental Inspection Services Department recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5034 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (21.) Consider Resolution #5035 authorizing the Mavor to execute an interlocal agreement with Lubbock County for the City, of Lubbock to provide vector control services in the County. RESOLUTION #5035 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 Vector Control Services Agreement, attached herewith, by and between the City of Lubbock and the Commissioners' Court of Lubbock County, Texas, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Vector Control Services Agreement by and between the City of Lubbock and the Commissioner's Court of Lubbock County, Texas, is filed with Resolution No. 5035. This interlocal agreement provides for mosquito and rodent control in Lubbock County. Both mosquitoes and rodents are known carriers of diseases which affect humans. Diseases such as encephalitis are carried by mosquitoes which inhabit Lubbock and the surrounding area. The flight range for some of these mosquitoes is 40 to 50 miles. The agreement has been renewed every three years for more than 35 years. The three-year contract pays all expenses related to vector control in Lubbock County. The amount for mosquito and rodent control programs with an annual three percent increase is $353,576. The Environmental Inspection Services Department recommended the approval of this resolution. 813 City Council Meeting November 16, 1995 Page 814 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5035 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (22.) Consider a resolution authorizing the Mayor to execute a lease agreement between the City of Lubbock and Simmons Airlines, Inc., dba American Eagle. This item was deleted from the agenda. (23.) Bid #13392 - Mackenzie Park Lake Dredging, and authorize same (Park Development). RESOLUTION #5036 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 Lamar Industries, Inc., of Shawnee, Oklahoma to furnish and install all services and materials as bid for the Mackenzie Park Lake Dredging for the City of Lubbock, 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 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney City Council Meeting November 16, 1995 Page 815 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 16th day of November 1995 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lamar Industries, Inc., of the City of Shawnee, County of Pottawatomie, and the State of Oklahoma, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13392--Mackenzie Park Lake Dredging in the amount of $158,380.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ John Webb ATTEST: /s/ Name not Legible Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Lamar Industries. Inc. CONTRACTOR By: /s/ Cecil R. Miller TITLE: President Lamar Industries, Inc. P.O. Box 3078 Shawnee, Oklahoma 74802-3078 815 City Council Meeting November 16, 1995 Page 816 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5036 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (24.) Bid #13400 - Black Steel Pipe (Electric Distribution). Great Plains Steel, Inc.--60 Ea 1 1/4" Black Steel Pipe - 21' Joints; 70 Ea 1 1/2" Black Steel Pipe - 21' Joints; 60 Ea 2 1/2" Black Steel Pipe - 21' Joints; 100 Ea 3" Black Steel Pipe - 21' Joints; 50 Ea 4" Black Steel Pipe - 21' Joints; 100 Ea 5" Black Steel Pipe - 21' Joints. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. (25.) Bid #13404 - Automobiles, Vans & Light Trucks (Fleet Services). Scoggin Dickey Chevrolet--4 Ea Intermediate Automobile, 4 Door Sedan, Per Spec 101 A, B; 1 Ea 4 x 4 Utility Vehicle, Per Spec 203 A, B; 5 Ea 1/2 Ton Step Side Pickup, Per Spec 304 A, b; 1 Ea 1/2 Ton 4 x 4 Step Side Pickup, Per Spec 305; 1 Ea 3/4 Ton 6 Passenger 4 Door Long Wheelbase Pickup, Per Spec 310; 1 Ea 1/2 Ton 4 x 4 Full Size Pickup, Per Spec 313 A, B; 1 Ea 1 Ton 4 x 4 Long Wheelbase Single Wheel Pickup, Per Spec 318 A, B; 1 Ea 1 Ton 4 x 4 Long Wheelbase Single Wheel Crew Cab Pickup, Per Spec 319 A, B; 1 Ea 1 Ton 4 x 4 Single Wheel Cab & Chassis, Per Spec 322 A, B. Shamrock Chevrolet--16 Ea Full Size Automobile, 4 Door Sedan, Per Spec 102 A, B; 1 Ea 3/4 Ton 4 x 4 Long Wheelbase Extended Cab Pickup, Per Spec 327 A, B; 1 Ea 3/4 Ton Twelve Passenger Van, Per Spec 404 A, B; 2 Ea 1 Ton Cargo Van, Per Spec 405 A, B; 2 Ea Small Passenger Van, Per Spec 414 A, B; 1 Ea Small Passenger Van, Per Spec 418 A, B; 1 Ea 15 Passenger Van, Per Spec 419 A, B. Gene Messer Ford--35 Ea Police Marked Unit, Per Spec 201 A, B; 8 Ea 1/2 Ton Full Size Pickup, Per Spec 307 A, B; 1 Ea 3/4 Ton Long Wheelbase Pickup, Per Spec 308 A, B; 2 Ea 1 Ton Long Wheelbase Cab & Chassis, Per Spec 309 A, B; 1 Ea 1 Ton Dual Wheel 4 Door Crew Cab & Chassis, Per Spec 323 A, B; 1 Ea 1 Ton Crew Cab Pickup Dual Wheels, Per Spec 504 A, B; 2 Ea 1 Ton Cab & Chassis Dual Wheels Extended, Per Spec 512 A, B. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers. City Council Meeting November 16, 1995 Page 817 (26.) ORDINANCE #9855--Zone Case No. 2764 (west of Albany between 69th and 72nd Streets) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from R-1 to R-1 Specific Use (garden homes) on a tract out of Section 27, Block E-2. ORDINANCE 49855 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2764; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9855 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers and Mayor Pro Tern Neugebauer recused and excused himself from voting on this item. (27.) ORDINANCE #9856--Zone Case No. 2164-F (south of 86th Street and east of Boston Avenue) --Request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from A-1 to A-2 limited to an assisted living center on a tract out of Section 13, Block E-2. ORDINANCE 49856 AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2164-F; A ZONING CHANGE FROM A-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9856 as recommended by staff. Motion carried: 5 Yeas; 0 Nays--Councilmember Cooke was absent from the Council Chambers and Mayor Pro Tem Neugebauer recused and excused himself from voting on this item. (28.) ORDINANCE #--Zone Case No 2765 (north of 82nd Street and east of Cedar) --Request of Juventino Calvillo for a zoning change from R-1 to C-4 on a portion of Section 6, Block E. This item was deleted from the agenda. 817 City Council Meeting November 16, 1995 Page 818 (29.) Consider Resolution #5037 authorizing the Mayor to execute an interagencyagreement with Lubbock County for the preliminary design, specifications and estimates for the reconstruction and widening of 82nd Street from Frankford Avenue to U.S. 62/82. RESOLUTION 45037 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the County of Lubbock to allocate costs for engineering services necessary for improvements to 82nd Street (County Road 7100) from Frankford Avenue to U.S. Highway 62/82, 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 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement by and between the City of Lubbock and the County of Lubbock is filed with Resolution No. 5037. City Engineer Larry Hertel and Transportation Planner Marsha Allen, presented staff comments. On February 9, 1995, the City Council approved a resolution to provide $313,000 in matching funds for the reconstruction and widening of 82nd Street provided that the Texas Transportation Commission approve funding of the project. A delegation from the City of Lubbock, Lubbock County, the City of Wolfforth, Frenship Independent School District and the Lubbock Chamber of Commerce appeared before the Commission on March 30, 1995, to request that this project be approved. The Commission denied the request. City Council Meeting November 16, 1995 Page 819 The Transportation Policy Committee of the Metropolitan Planning Organization has been discussing for several months what the next step should be in trying to get additional funding for this project. At the October meeting of the Committee, it was decided that the best approach would be for the City and County to proceed with the development of engineering plans, environmental work and estimates with local dollars. Having this project ready to bid should increase the possibility of receiving additional funding from any leftover funding that is potentially available at the end of the state fiscal year. Staff has written the Texas Department of Transportation to verify in writing that if staff does proceed with spending local dollars up front on this project that those dollars will qualify as part of our overall 20 percent match. They have provided a written response stating that the funding would be considered part of the local match. If the Texas Transportation Commission turns down the request for Commission Strategic Priority funds a second time, this project will remain eligible for funding with Urban Mobility Funds in the Transportation Improvement Program. Also, with the plans being complete, the City's portion could be considered as a capital bond project in the next capital bond election. According to the agreement, the City of Lubbock will be responsible for managing the contract for professional services, and Lubbock County will transfer funds to the City account to cover two-thirds of the cost. The City will be responsible for one- third of the cost since approximately one mile of the three mile project lies within the city limits. The Council approved funds for this project as a part of the 1995- 1996 Capital Projects Budget. The Lubbock County Commissioner's Court approved the interagency agreement on November 13, 1995. Staff recommended approval of the interagency agreement. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #5037 as recommended by staff. Motion carried: 4 Yeas; 1 Nay-- Councilmember Hernandez. Councilmember Cooke was absent from the Council Chambers and Mayor Pro Tem Neugebauer abstained. City Council Meeting November 16, 1995 Page 820 (30.) Consider Ordinance #9860 abandoning and closing a Portion of a 20-foot drainage easement located in Section 13, Block E- 2 Lubbock County (8715 Boston Avenue). ORDINANCE 49860 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT 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. Ed Bucy, Right -of -Way Agent, presented staff comments. This ordinance abandons and closes a 0.103-acre portion of a 20-foot drainage easement located east of the 8700 block of Boston Avenue. This area is being closed for building purposes; the proponent of this closure is Lubbock Land Company. A new drainage easement will be dedicated to replace this easement being closed; the Engineering Department has approved this closure. The Street Department recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance #9860 as recommended by staff. Motion carried: 5 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers and Mayor Pro Tern Neugebauer recused and excused himself from voting on this item. (31.) Consider Ordinance #9861 amending Sections 6-153 of the Code of Ordinances relating to the reciprocation of electrical licenses with other cities. ORDINANCE #9861 AN ORDINANCE AMENDING SECTION 6-153 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO RECIPROCATION WITH OTHER CITIES UPON ELECTRICAL LICENSES AND REGISTRATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Doug Goodman, Managing Director of Health and Community Services, presented staff comments. This amendment will allow the Board of Electrical Examiners to approve cities for reciprocation of electrical licenses and registration. The City of Lubbock building official may then approve reciprocal licenses for individuals who are licensed by cities approved for reciprocation. The Board of Electrical Examiners and City staff agree that this change will improve the reciprocation procedure and recommended that the City Council approve the amendment to the ordinance. City Council Meeting November 16, 1995 Page 821 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9861 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. (32.) Consider Resolution #5038 giving Notice of Intent to enter into a tax abatement agreement with United Supermarkets, Inc #503. RESOLUTION #5038 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with United Supermarkets, Inc. No. 503; and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with United Supermarkets, Inc. No. 503, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas and further described as BLOCK 1, LOTS 1 & 2, JUDY JANE ADDITION AND BLOCK 50 LESS W 5' OF S 250', ROBERTS-MCWHORTER ADDITION (FURTHER DESCRIBED BY METES AND BOUNDS) CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS Beginning at a point in the East right-of-way line of University Avenue, same being the West line of Tract A, United Supermarket Addition which bears North a distance of 225.0 feet from the most Westerly Southwest point of Lot 3, Judy Jane Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 258.0 feet; THENCE N. 02051'45" W. a distance of 86.36 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angel of 92°51'45", tangent lengths of 15.77 feet and a chord distance of 21.74 feet to a point; THENCE East a distance of 558.03 feet; THENCE South a distance of 276.33 feet; THENCE West a distance of 282.70 feet; THENCE South a distance of 36.33 feet; THENCE West a distance of 286.00 feet to the Point of Beginning. 821 City Council Meeting November 16, 1995 Page 822 Passed by the City Council this 16th day of November 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bette M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED IN BLOCK 1, LOTS 1 * 2, JUDY JANE ADDITION AND BLOCK 50 LESS W 5' OF S 250', ROBERTS-MCWHORTER ADDITION (FURTHER DESCRIBED BY METES AND BOUNDS) CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS Beginning at a point in the East right-of-way line of University Avenue, same being the West line of Tract A, United Supermarket Addition which bears North a distance of 225.0 feet from the most Westerly Southwest point of Lot 3, Judy Jane Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 258.0 feet; THENCE N. 02051'45" W. a distance of 86.36 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angel of 92°51'45", tangent lengths of 15.77 feet and a chord distance of 21.74 feet to a point; THENCE East a distance of 558.03 feet; THENCE South a distance of 276.33 feet; THENCE West a distance of 282.70 feet; THENCE South a distance of 36.33 feet; THENCE West a distance of 286.00 feet to the Point of Beginning. 822 City Council Meeting November 16, 1995 Page 823 Notice is hereby given that the City Council of the City of Lubbock intends to enter into an agreement with United Supermarkets, Inc. No. 503 to abate taxes on improvements to property and tangible property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute a contract between the City and United Supermarkets, Inc. No. 503 for tax abatement, a copy of said Agreement is attached to this Notice as Exhibit "A" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of Lubbock, on the 16th day of November 1995 at 10:00 o'clock a.m. A copy of the Exhibits are filed with Resolution No. 5038. Joel Beesinger, Interim Director of Business Development, presented staff comments. Staff received a request from United Supermarkets, Inc., for commercial tax abatement in the North Enterprise Zone. This is the first of two new United stores which will be built in the North Enterprise Zone. United plans to build a new 50,000 square foot store at Auburn and University to replace the 15,000 square foot store at 106 N. University. United plans to invest a total of $6.1 million in the new facility. The breakdown will be $3.9 million for the new building, the remaining $2.2 million for machinery and equipment. The annual amount of tax abatement will be $35,740. The total amount of tax abatement over the life of the contract will be approximately $357,399. The Texas Department of Commerce has designated United Supermarket #503 as an Enterprise Zone Project. This qualifies them to be eligible for State incentives. United currently employs 59 persons at their present location and plans to increase employment by 103 persons in the new facility. The payroll of the new store will be approximately $2.1 million. Staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #5038 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Cooke was absent from the Council Chambers. 823 City Council Meeting November 16, 1995 Page 824 (33.) Consider Ordinance 49862 authorizing the issuance of S10,000,000 "City of Lubbock, Texas, Tax and Waterworks System (Limited Pledge) Revenue Certificates of Obligation, Series 1995" and considering all matters incident and related to the issuance of said Certificates. ORDINANCE 99862 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. City Manager Bob Cass presented staff comments. In May 1995 Fire Chief Don Stevens presented a Public Safety Improvement Plan (PSIP) to City Council for eliminating costly overlap of fire coverage in the city while providing cost savings and improvements in the Lubbock Fire Department. Upon concurrence of the plan, the budget for fiscal year 1995-1996 was adopted in September 1995. The purpose of the plan is to achieve major long-term savings and to provide a modern, well placed infrastructure base for operational efficiencies now and for building upon in the future. Research on this project has included analysis of computerized records of response times, response distances and response speeds to various areas of the city during the years 1991 through 1994. The plan provides for the deletion of two engine companies, closure of six old fire stations, and construction of five new fire stations and support facilities. Construction of the new facilities will be scheduled over a three-year period. The costs will be recouped mainly from a personnel reduction of 21 positions related to the deletion of the two engine companies. The personnel reduction will be achieved through attrition. The plan will also release the current Fire Training Academy to meet the expanding training facility needs of the Police Department. The City is utilizing First Southwest Company as the financial advisor for this issue. This issue is proposed to go to market as a insured offering. In the spirit of full disclosure, the City has made changes in the official statements and will be in compliance with the new SEC rule 15c 2-12 with the issuance of this document, as well as subsequent comprehensive annual financial reports. The reduction in cost to the General Fund averages $500,000 or approximately one cent on the tax rate per year. After the payout in 2016, the savings are expected to exceed $1.5 million per year. City Council Meeting November 16, 1995 Page 825 Staff recommended approval of the first reading of this ordinance. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to pass on first reading Ordinance #9862 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider Ordinance #9863 authorizing the issuance of $6,505,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1995A" and considering all matters incident and related to the issuance of said Bonds. ORDINANCE #9863 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1995A"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. City Manager Bob Cass presented staff comments. An election was held in May 1, 1993, and passed by a majority of the voters of the City of Lubbock for Capital Improvements and General Obligation Bonds. The issue represents the balance of that referendum. There is approved for street improvements a balance of $5,010,000 and for park improvements $1,495,000 for a total of $6,505,000. The competitive bids for these bonds will be publicly opened, read and the award made by City Council on December 7, 1995. The City is utilizing First Southwest Company as the financial advisor for this issue. This issue is proposed to go to market as a insured offering. In the spirit of full disclosure, the city has made changes in the official statement and will be in compliance with the new SEC rule 15c 2-12 with the issuance of this document as well as subsequent comprehensive annual financial reports. This particular issue is estimated, assuming the bonds sell at the projected rate of 6 percent, to require approximately $700,000 in debt service with a declining balance until the payout of 2016, requiring just over one cent on the tax rate for this last and pending issue. Staff recommended approval of the first reading of this ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass on first reading Ordinance #9863 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 825 City Council Meeting November 16, 1995 Page 826 (35.) Consider an ordinance calling a charter amendment election for January 20, 1996, for the purpose of amending the charter of the City of Lubbock with regard to disposition of proceeds in the event of sale of Lubbock Power and Light; deletion of Chapter 1, Article II, Section 22 pertaining to the Park and Recreation Board; qualifications and duties of the City Attorney,• qualifications and duties of the City Secretary; and providing for remuneration of the Mayor and City Councilmembers. This ordinance calls a City Charter amendment election for January 20, 1996. The ordinance provides for five possible changes to the City Charter, as follows: Creation of a special fund to be held in trust for the proceeds of any sale of the City Electric System (LP&L). This particular proposition is independent of any other proposition which might actually authorize the sale. Adding a statement of the qualifications and duties of the City Attorney to the City Charter. Adding a statement of the qualifications and duties of the City Secretary to the City Charter. Providing for reimbursement of expenses of the Mayor and City Council and providing for a monthly stipend for the Mayor and Councilmembers. This item has been prepared with blanks for the City Council to fill in the stipend amounts that they deem appropriate. Changes which would delete the Charter requirement for the provision of a Parks Board. This is not to say that the staff recommends eliminating that board. It is, rather, to point out that the organization has evolved over a number of years and it might be more appropriate to merge the responsibilities of that board with others in the Culture and Leisure Services area in order to have a more balanced view of leisure/recreational needs of the citizens. No action was taken on this item. (36.) Consider an ordinance calling a special election for January 20, 1996 with regard to voting for or against authorizing the City Council to sell Lubbock Power and Light pursuant to Chanter 1. Article III, Section 24 of the City Charter. This ordinance calls a Special Election under the City Charter provision requiring a vote to authorize the sale of the City Electric System (LP&L). City Council Meeting November 16, 1995 Page 827 City Manager Bob Cass gave his recommendations concerning calling a special election with regard to the sale of LP&L. The potential sale of LP&L allows the Council and the public to choose from one of the following alternatives: A continuation of the excellent, competitive electric service for which our community is known An opportunity to secure and grow a revenue stream which supports the most basic services provided by the General Fund (fire, police, parks, libraries, etc.) Even at the low end ($143 million) price, the General Fund would receive an immediate benefit of approximately $4.5 million. This is as a result of the investment income and the continued property and franchise tax payments that staff would receive on the assets of LP&L. Those funds could be used for infrastructure development or economic development purposes, both of which have been identified as high priorities. Assuming that an appropriate and fair price could be agreed upon, a sale would also enable the City to avoid the liabilities attendant to the operation of a complex operation such as LP&L. Mr. Cass recommended that the City Council call a special election on the issue. Following lengthy discussion by the City Council, no action was taken on this item. (37.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551 074(a)(1). to discuss Personnel matters (City Manager). (38•) Hold an executive session in accordance with V.T.C.A. Government Code Section 551 071(1)(A), to discuss pending or contemplated litigation (Building Inspection and Water Utilities). (39.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551 0740)(1), to discuss personnel matters regarding duties responsibilities, and/or appointments to: Appointments Advisory Board Drainage Criteria Advisory Committee Neighborhood Redevelopment Commission Planning and Zoning Commission South Plains Association of Governments (40.) Confirm appointment of Kimber Holt to the Community Development Advisory Committee Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to appoint Kimber Holt to the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. 827 City Council Meeting November 16, 1995 Page 828 There being no further business to come before Council, motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to adjourn the meeting at 12:03 p.m. Motion carried: 7 Ye , 0 Nays. R. LANOSTON, MjkYOR ATTEST: Betty NV fohnsonVCity Secretary Read and approved this the 7th day of ATTEST: Pj� Betty A Johnso , City Secretary