HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/2002REGULAR CITY COUNCIL MEETING
January 23, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd
day of January, 2002, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank W.
Morrison, Councilmember David Nelson
Absent: Councilmembers Victor Hernandez and T. J. Patterson.
CITIZEN COMMENTS
No one appeared for citizen comments.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Attorney; City Manager); to deliberate, vote and
take final action on electric rates of Lubbock Power and Light (Electric
Utilities); pending or contemplated litigation (Aviation; Environmental
Inspection); and personnel matters regarding duties, responsibilities,
and/or appointments (Boards and Commissions).
7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Aviation; Environmental Inspection).
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Board of Health
Citizens Traffic Commission
Community Relations Commission
Culture and Arts Commission
Keep Lubbock Beautiful Advisory Committee
Parks and Recreation Board
Zoning Board of Adjustment
Regular City Council Meeting
January 23, 2002
Page 42
9:37 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except Mayor Sitton.
( 5.) Presentation of the Comprehensive Annual Financial Report to City
Council. Beverly Hodges, Director of Finance; John Burdette,
Robinson Burdette Martin Seright & Burrows, L.L.P. (30 minutes)
Annually, upon completion of the audit of the City of Lubbock's financial
statements, the Comprehensive Annual Financial Report is presented to
City Council and they in turn acknowledge receipt of the audit. Such a
presentation achieves the City Charter requirement contained in Chapter 1
Article IX, Section 26 of the City of Lubbock Charter, as amended
January 18, 1992, to conduct an audit and obtain City Council's
acknowledgement of receiving the audit report.
This year, the presentation included a discussion by City staff of financial
highlights of the fiscal year ended September 30, 2001. Additionally, the
audit engagement partner, John Burdette of Robinson Burdette Martin
Seright & Burrows, L.L.P., presented comments from an audit
perspective regarding the financial statements.
Staff recommended appropriate acknowledgement of receipt of annual
audit by City Council. City Council acknowledged receipt.
( 6.) Presentation regarding the City of Lubbock's readiness for anthrax
and other biological threats. Tommy Camden, Health Director (20
minutes)
Considerable preparation has taken place in the past several months as a
response to the heightened awareness of the threats from biological and
bacterial warfare. The development of a flow chart and video for first
responders was a culmination of efforts by the Fire, Health, Emergency
Management, and Police Departments. Additional new equipment for
early detection of biological agents will soon be installed at the Health
Department from a Texas Department of Health grant. The Lubbock
Health Department Laboratory is one of only six laboratories in Texas
equipped to process these biological specimens. Progress also continues to
be made on the Metropolitan Medical Response System towards
improving Lubbock's homeland security and addressing issues associated
with weapons of mass destruction.
Presentation for Council information only.
10:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc McDougal,
Councilmember Frank W. Morrison, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Mayor Sitton called the meeting to order at 10:30 A. M.
( 7.) Invocation by Rev. Edwin Harris, St. James Baptist Church
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(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENT RECOGNITION
Appointments Advisory Board
Receiving: Molly Manning (unable to attend)
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January 23, 2002
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Central Business District Tax Increment Financing
Reinvestment Zone
Receiving: Merle Blosser
R.J. Givens
M. Dolores Milhous
Brent Noble
Jim Shearer (unable to attend)
Citizens Traffic Commission
Receiving: Abel Martinez
Renee Underwood
Community Relations Commission
Receiving: Dr. Safei Hamed
Dr. Michael Passmore
Keep Lubbock Beautiful Advisory Committee
Receiving: Kay Phelps (unable to attend)
Lubbock Libraries Board
Receiving: Christine Seger
Urban Design & Historic Preservation Commission
Receiving: Dr. Gail House (unable to attend)
Brenda Sheppard
CITIZEN APPEARANCES
( 9.) Dr. Robert Freeman, Distinguished Professor of Accounting at Texas
Tech University, presented the GFOA Award for Excellence in
Financial Reporting for the Comprehensive Annual Financial Report
for the year ended September 30, 2000.
The Comprehensive Annual Financial Report (CAFR) for the year ended
September 30, 2000 was submitted to the GFOA for their review with
requirements of the Certificate of Achievement for Excellence in
Financial Reporting (Certificate) program. The Special Review
Committee of the GFOA has awarded the certificate to the City of
Lubbock for the CAFR for September 30, 2000. The City has received
this award for 17 consecutive years.
Perry Stout, Chief Accountant, introduced Dr. Robert Freemen, a
Distinguished Professor of Accounting in the College of Business at
Texas Tech University. Dr. Freeman is a former Vice -Chairman of the
Governmental Accounting Standards Board (GASB) and is one of the
original board members of the GASB, which was formed in 1984 to
promulgate rules for financial reporting for governments.
Dr. Freeman presented the Certificate to City Council.
(10.) Presentation of a special recognition to the South Plains District
Dental Society to commemorate February as Children's Dental Health
Month.
The month of February has been designated as Children's Dental Health
Month by the South Plains District Dental Society, an organization that
promotes good dental health through training, education, and observation.
They will be hosting a Dental Health Fair at the Science Spectrum on
Saturday, February 9, from 11:00 a.m. to 2:00 p.m., to promote good
dental health. Free samples of floss, toothpaste, and toothbrushes will be
Regular City Council Meeting
January 23, 2002
Page 45
distributed, and various dental educational materials will be handed out in
addition to table clinics. The South Plains District Dental Society will
also sponsor a poster contest for grades 2 through 4 with a grand prize of
a bicycle for one child in each grade and a second place prize of a $50
savings bond per grade level. The theme for both the Children's Dental
Health Fair and the poster contest is "Don't let your smile become
extinct."
Dr. Tracy McBee accepted a special recognition which was presented to the
South Plains District Dental Society to commemorate February as Children's
Dental Health Month.
(11.) Presentation of a special recognition to the Future Business Leaders of
America to recognize this organization's commitment to preparing
students to enter the business world.
Future Business Leaders of America is a non-profit educational
association of students preparing for careers in business and business
related fields. Participation of area students in this organization provides a
way for students to gain leadership skills and to interact with other
students from across the country. Nationally, there are more than 250,000
active members in more than 13,000 chartered chapters in all 50 states
and several U.S. territories worldwide.
Ms. Rosa Llanas, Lubbock High School, one of the adult sponsors of this
program was recognized as was Andrea Bergia, Roosevelt High School,
State President of Future Business Leaders of America.
Accepting the special recognition were the following students each of who
is the president of their respective chapters:
Heather Gomez, Lubbock High School
Justin Young, Monterey High School
Trey Reynolds, Roosevelt High School
April Hargrove, Lubbock -Cooper High School
Richard Morin, Ropes High School
Ms. Llanas presented a dozen roses to Mayor Sitton as a token of
appreciation from the members of the program.
(12.) Presentation of a proclamation to the Black Faculty and Staff
Association, Texas Tech University System and Administration, to
proclaim February 2002 as African American History Month in
Lubbock.
To promote diversity in the greater Lubbock Community and to aid in the
recruitment and retention of African American faculty, staff and students
at Texas Tech University, the Black Faculty and Staff Association has
organized the 1" Annual African American History Month at Texas Tech.
The African American History Month Program will begin on February 1,
2002 and end on March 2, 2002, and is entitled Sankofa: Preserving our
Past, Building Our Future. Sankofa is a word from the Akan nation of
West Africa meaning "return to the past to secure your future." A host of
nationally recognized scholars, speakers, and cultural entertainers are
being invited to the Texas Tech campus as well as to venues in the greater
Lubbock community. The program has a month -long focus, and the
weekly themes include the following: Education/Family, African
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January 23, 2002
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American Student Experience, Community Relations/Empowerment,
Spirituality and The Black Church, and Economic Empowerment.
Dr. Kwame Alford, Program Chair, Black Faculty and Staff Association,
Texas Tech University System and Dr. Donald Schmidly, President of
Texas Tech University, accepted the proclamation.
(13.) Presentation of a special recognition to Jay Wadsworth, Electric
Utility Superintendent, to recognize his 42 years of service to Lubbock
Power and Light and the City of Lubbock.
The City of Lubbock recognized Jay Wadsworth for his service to
Lubbock Power and Light and the City of Lubbock. Jay began his career
with Lubbock Power and Light on June 1, 1959, where he first worked as
an employee of the Distribution Department. Until 1969, Jay worked as
an apprentice journeyman and operated a night service truck. Mr.
Wadsworth then obtained a Bachelor of Science degree in Industrial
Management from Texas Tech University. In 1970, Mr. Wadsworth was
promoted to Superintendent of the Production Department, a position he
holds to this day. He has been responsible for the construction of four gas
turbines and one 54 steam unit during his tenure with LP&L. In addition,
Jay, who has 42 years of electric utility experience, oversees all
generating facilities and assets owned and operated by Lubbock Power
and Light.
Mayor Sitton presented a special recognition to Jay Wadsworth, Electric
Utility Superintendent, to recognize his 42 years of service to Lubbock
Power and Light and the City of Lubbock.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Generosity. Lubbock is a giving community. This is clearly
evidenced by the surpassing of our United Way goal of $3.4 million last year.
We also help non-profit organizations help their respective constituencies as
reflected by the generous work of the Lubbock Area Foundation. That
Foundation manages over $7 million dollars, and it increases that figure
through its Community Endowment Challenge, which puts matching grants
from other foundations together with non-profit agencies who raise money
through their own donors. This way they double their bang for their buck, so
to speak. Don't forget that the people of Lubbock also give an equally
valuable commodity - their time. Lubbock's Volunteer Center has compiled
statistics that reflect that the average Lubbock adult gives 4.5 hours per week
in service and aid to others. Generosity is truly at the core of Lubbock's
spirit.
No. 9 is On and On. As opposed to on and off. On and on describes
Lubbock's economy. The national economy began sliding a year and a half
ago and turned into a full-blown recession after September 11'. Business
layoffs multiplied and tax revenue plummeted. The national economy was
off. Not so in Lubbock. Somewhat flat retail sales early last year turned into
a healthy holiday sales season. Total job force was up over 600 employees
and local government's barometer of the local economy - the sales tax
receipts - far exceeded the previous year. Lubbock's economy has been on
a steady, predictable upward rise without a consecutive three-month dip since
1996. It just keeps going on and on and on.
Regular City Council Meeting
January 23, 2002
Page 47
No. 8 is Hispanic Chamber. Did you know that Lubbock's Hispanic
Chamber of Commerce won three prestigious awards last year on state,
regional and national levels, culminating with the winning of the National
Small Chamber of the Year award from the U. S. Hispanic Chamber of
Commerce? This Chamber supports the growth and success of Hispanic
owned businesses by providing information, technological assistance,
networking and procurement opportunities to the community as a whole.
President and CEO Ester Sepeda and Board Chairman David Martinez
deserve congratulations, as do the almost 300 members of the Chamber, for
their hard work, business acumen and rejuvenated energy in shining the
spotlight on another successful segment of Lubbock's bright economy.
No. 7 is Unpretentious People. In the tradition of "Wild West," we are
straight shooters in Lubbock. What you see is what you get. We are so
intensely proud of the friendly people and qualify of life we have here in
Lubbock that we don't need to embellish, put on airs, or make our City
appear any better than it is. Lubbock already is the best place in which to live
and work in these United States and we are doggoned proud of that.
No. 6. Is Best Weather in America. Statistics show that we have an average
of 294 days of sunshine per year. It is a wonderful semi -arid climate that has
just enough rainfall to grow a $10 billion agricultural crop annually, just
enough coolness at night to sweeten our vintage grapes, and just enough low
humidity to dine outside most evenings and enjoy watching our beautiful
technicolor sunsets.
No. 5 is Crossroads of Texas. Lubbock has long been known as the "Hub
City," a nickname originating from railroad lines that converged here in the
early 20' century. This nickname now stands for the highways, commerce,
health care and cultural events that make our city a major crossroads. In
addition, the 1999 Texas State Legislature designated Lubbock as the "Music
Crossroads of Texas" after several legislators were overwhelmed by the
entertaining talents of our depot district, the Lubbock Symphony Orchestra
and Texas Tech University. Let's applaud this recognition of Lubbock
musical heritage and the contributions Lubbock and West Texas musicians
have made for generations of music lovers, and let's market this entertaining
quality of life throughout the State, nation and world. As Buddy Holly would
say, "Rave On" about it!
No. 4 is Industrious. Lubbock is known far and wide as having an excellent
work ethic. When Texas Instruments located its manufacturing plant here in
Lubbock in 1972, the human resources director said, "We located in Lubbock
because the people in Lubbock work hard. They give a fair day's work for a
fair day's wage." I guess that stems from Lubbock always having to work a
little harder than most cities in Texas to make itself known for its excellence
in the quality of life that we share here in Lubbock.
No. 3 is Texas Tech University. Texas Tech University has been an ally in
this community since its creation in 1923 and its first class in 1925. With an
enrollment of 25,600, it is the fourth largest university in Texas and the Big
XII conference. It contributes a biennial budget of $1.4 billion to the City's
economy. It is second only in economic impact to the $10 billion agriculture
industry in this region. That is a huge economic impact. That is only the tip
of the iceberg as far as the benefits this university contributes to our
community and this region.
No. 2 is Yonder. ("Wild Blue" and "Over") this is just one way to
emphasize that in Lubbock, we are blessed to have plenty of room in which to
move around - 115 "as far as the eye can see" square miles, in fact. We are
blessed to have plenty of opportunities for interaction, yet not be squeezed
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January 23, 2002
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together. Another good thing about Lubbock is when you look "over
yonder" you usually see a friend. You usually see a smiling face and a
helping hand. That's a rich tradition in West Texas and in this community.
No. 1 is ! Capital of West Texas. Lubbock is the transportation, medical,
educational and political hub of West Teas. It is the geographic center of a
vast agrarian region that has matured into several metro-, petro- and agri-
plexes. Lubbock has much more in common with its sister cities in West
Texas than not. The state legislature looks to Lubbock as a representative and
influential voice of this region. Even the newspaper in El Paso acknowledges
that Lubbock is years ahead of them and any other West Texas city in --
assembling a unified and powerful lobby for the unique needs of Lubbock and
the West Texas region in the state legislature. Lubbock has assumed the
mantle of the capital city of West Texas. It is well deserved, yet demanding.
Our goals for this year should be lofty, yet pragmatic. Our perspective
should be broad -based, less provincial and inclusive. Let us always
remember the rich heritage from which we come, but keep us focused on the
future and where we are going as a city and as the flagship of a region.
CONSENT AGENDA (Items Nos. 14 - 50)
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to approve Items 12-27, 29-50 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(14.) Approval of Minutes: January 10, 2002
Regular City Council Meeting
(15.) ORDINANCE #2002-00001-Abandoning and closing a 15-foot alley in
Block 1, G.A. Rush Addition, and a portion of Avenue P adjacent to
Block 175, Original Town Addition to the City of Lubbock (1611 151h
Street) (second and final reading).
ORDINANCE NO. 2002-00001
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 15
FOOT ALLEY LOCATED IN BLOCK 1, G.A. RUSH ADDITION AND A PORTION
OF AVENUE P BETWEEN BLOCK 1, G.A. RUSH ADDITION AND BLOCK 175,
ORIGINAL TOWN ADDITION TO THE CITY OF 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.
(16.) ORDINANCE #2002-00002-ZONE CASE No. 2924 (602 3rd Street,
610 3rd Street, 707 3rd Street, 709 3rd Street, 711 3rd Street, 713 3rd
Street, 715 3rd Street and 717 3rd Street): Request of Watson Sysco
Food Services, Inc. for a zoning change from R-3 to IHC on Lots 1
through 69 Block 4, Liff Sanders Addition; Block 1, Covington
Addition; Block 3, Spikes Addition and a closed street (second and
final reading).
ORDINANCE NO. 2002-00002
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2924; A ZONING CHANGE FROM R-3 TO IHC
ZONING ON LOTS 1 THRU 6, BLOCK 4, LIFF SANDERS ADDITION; BLOCK
1, COVINGTON ADDITION; BLOCK 3, SPIKES ADDITION AND A CLOSED
STREET, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Regular City Council Meeting
January 23, 2002
Page 49
(17.) ORDINANCE #2002-00003-ZONE CASE No. 1448-G (3701 501'
Street): Request of South Plains Investment Co., LTD, for a zoning
change from C-2 to C-3 on Lot A-1, Rothwebb Addition (second and
final reading).
ORDINANCE NO. 2002-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1448-G; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON LOT A-1, ROTHWEBB ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Regular City Council Meeting
January 23, 2002
Page 50
(18.) ORDINANCE #2002-00004-ZONE CASE No. 1875-T (6625 West 19'h
Street): Request of Joe Menaldi to amend the conditions of Ordinance
No. 8565 on Lot 4, Commander's Addition (second and final
reading).
ORDINANCE NO. 2002-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1875-T; AMEND THE SITE PLAN CONDITION OF
ORDINANCE NO. 8565; TO ALLOW A USED FURNITURE STORE AND
GAMEROOM AS PERMITTED USES ON LOT 4, COMMANDERS ADDITION,
LUBBOCK, TEXAS; TO AMEND ORDINANCE 8565; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(19.) ORDINANCE #2002-00005-ZONE CASE No. 1917-E (307 Frankford
Avenue): Request of Kendall Howard (for Westwind Mini -Storage & U-
Haul) for a zoning change from C-3 to C-4 to allow for truck/trailer rental
and all unconditionally permitted C-3 uses on Tract N, Westwind Addition
(second and final reading).
ORDINANCE NO. 2002-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1917-E; A ZONING CHANGE FROM C-3 TO C-4
ZONING TO ALLOW FOR TRUCK/TRAILER RENTAL AND ALL
UNCONDITIONALLY PERMITTED C-3 USES ON TRACT N, WESTWIND
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(20.) ORDINANCE #2002-00006-ZONE CASE No. 2925 (south of 107"
Street and east of Indiana Avenue): Request of John Mosser (for
Roman Catholic Diocese of Lubbock) for a zoning change from T to
A-2 limited to church and church related uses on an unplatted 12-acre
tract of land out of Section 19, Block E-2 (second and final reading).
ORDINANCE NO. 2002-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2925; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN
UNPLATTED 12-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(21.) ORDINANCE #2002-00007-ZONE CASE No. 2926 (south of 981' Street
and west of Quaker Avenue): Request of Lakeridge South, L.P. for a
zoning change from T to C-3, R-1 Specific Use for garden homes and
R-1 Specific Use for reduced front setback on an unplatted 127.29
acre tract of land out of Section 16, Block E-2 (second and final
reading).
ORDINANCE NO. 2002-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
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January 23, 2002
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CHANGES: ZONE CASE NO. 2926; A ZONING CHANGE FROM T TO C-3, R-1
SPECIFIC USE ZONING FOR GARDEN HOMES AND R-1 SPECIFIC USE
ZONING FOR REDUCED FRONT SETBACK SPECIFIC USE ON AN UNPLATTED
127.29 ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(22.) ORDINANCE #2002-00008-Ordering the 2002 Regular Municipal
Election of the City of Lubbock; indicating those officers to be
elected; providing for an electronic voting system to be used;
establishing polling places; appointing election judges; establishing
hours for voting; adopting the sealed ballot box procedure; providing
for early voting; directing the City Secretary to give notice of the
Regular Municipal Election of the City of Lubbock; and providing an
effective date (second and final reading).
ORDINANCE NO. 2002-00008
AN ORDINANCE ORDERING THE 2002 REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO
BE ELECTED; PROVIDING FOR AN ELECTRONIC VOTING SYSTEM TO BE
USED; ESTABLISHING POLLING PLACES; APPOINTING ELECTION JUDGES;
ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED BALLOT BOX
PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING THE CITY
SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL ELECTION OF
THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
(23.) ORDINANCE #2002-00009-Amending Chapter 8 of the Code of
Ordinances of the City of Lubbock, Texas, by amending the language
of Section 8-4 with regard to voting precincts and voting places as
required by state law due to changes in voting precincts made by
Lubbock County pursuant to the order of the U.S. District Court in
the state redistricting case of Balderas v. State of Texas (ED Tex. No
6:01 CV158); providing a map of the voting precincts and districts of
the City of Lubbock; providing a savings clause; providing that all
portions of Chapter 8 not amended shall remain the same; providing
for publication; and providing an effective date (second and final
reading).
ORDINANCE NO. 2002-00009
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND
VOTING PLACES AS REQUIRED BY STATE LAW DUE TO CHANGES IN
VOTING PRECINCTS MADE BY LUBBOCK COUNTY PURSUANT TO THE
ORDER OF THE U.S. DISTRICT COURT IN THE STATE REDISTRICTING CASE
OF BALDERAS V. STATE OF TEXAS (ED TEX. NO 6:01CV158); PROVIDING A
MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF
LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL
PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
(24.) Resolution No. 2002-R0020 authorizing the Right -of -Way Department
to make an offer to Roy Don Herriage for Lots 3, 4, 5, 6, 7 and 9,
Block 4, Westacres Addition to the City of Lubbock, for a City Park
(1104, 1108, 11109 1112, 1114, and 1116 East Marlboro Street).
RESOLUTION NO. 2002-R0020
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WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for public park purposes,
and the City Council of said City finds it in the public interest and for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit: NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to following described parcels of land
located in Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
Lots 3,4,5,6,7,9, Block 4, Westacres Addition, to the City of Lubbock,
Lubbock County, Texas as shown on the map, plat and/or dedication deed thereof
recorded in Volume 409, Page 53, Deeds Records, Lubbock County, Texas.
SECTION 2. THAT the owner of above -described parcels of land being Roy
Don Herriage BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $6,000.00 which is the amount appraised as the value and total
damages for the fee simple title, including all legal obligations attached thereto, for the
use and benefit of the City of Lubbock, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title to any or all such parcels as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 23rd day of January, 2002.
/S/ ALEX `TY' COOKE
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
One of the new parks to be acquired as a result of the last bond election is
in the Skyview neighborhood. This area is just south of the airport and is
bound on the north by East Marlboro Street, on the east by North
Magnolia Avenue, on the south by East Loyola Street, and on the west by
North King Avenue. Roy Don Herriage owns Lots 3, 4, 5, 6, 7, and 9,
Block 4, Westacres Addition. He has agreed to sell these lots for $1,000
each. Therefore, our total offer to Mr. Herriage is $6,000.
This resolution authorized condemnation proceedings to acquire these
parcels if our offer is refused.
The Right -of -Way Department recommended approval of this resolution.
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Page 53
(25.) Resolution No. 2002-R0021 authorizing the Right -of -Way Department
to make an offer to Phillip Russell for a permanent underground
utility easement and a temporary working easement in Section 17,
Block E-2, Lubbock County, Texas (10602 Miami Avenue).
RESOLUTION NO. 2002-R0021
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional land
for municipal and public use and purposes, to -wit: for a permanent underground utility
easement and working easement in the southwest Lubbock annexation area, and the City
Council of said City finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of land as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the permanent underground utility easement and working
easement of the following described parcel of land located in Lubbock County, Texas be
acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
OWNER'S NAME
Phillip Russell
AMOUNT
$100,210.00
SECTION 2. THAT the above -described parcel of land whose acquisition is herein
authorized is more particularly described in Exhibits A, B, and C attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owner of above -described parcel of land being Phillip
Russell BE offered through the Right -of -Way Department of the City of Lubbock the amount
hereinabove indicated for his respective parcel(s), which is the amount appraised as the value
and total damages for the granting of permanent underground utility easement and working
easement, including all legal obligations attached thereto, for the use and benefit of the City
Attorney of said City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the easement title to any or all such
parcel as hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising Attorney
A copy of Exhibits "A", "B" and "C" is filed with Resolution No. 2002-R0021.
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Page 54
The City of Lubbock recently annexed several sections of land in
Southwest Lubbock and the Water Utilities Department is in its second
phase of installing sewer lines in this area.
The Water Utilities Department needs a 30-foot permanent underground
utility easement and two 70-foot working easements. This permanent
utility easement runs southward along the future right-of-way of Miami
Avenue just south of 103`d Street for 796 feet and then runs east to west
along the half -section line between Memphis Avenue and Quaker Avenue.
Total area of the permanent easement is 4.10 acres and the total area of
the working easement is 8.09 acres.
Jim Bowman, M.A.I., originally appraised these easements and the
damages at $50,100, which was our original offer to Mr. Russell. Part of
this appraisal is for damages to two irrigation wells and underground
pipe. Two mistakes were made in this appraisal, the first is the wells and
pipe were depreciated rather than valued as the cost to cure the taking.
The depreciated amount originally offered to Mr. Russell for the wells
and pipe was $7,160. To replace the pipe alone would be more than that.
The appraiser used a replacement cost of $35,800, which is $28,640 more
than the first offer to replace the wells and the pipe. Staff agrees with his
value and Mr. Moore, Mr. Russell's realtor, feels that this is acceptable.
The second mistake made is that the land value is somewhat undervalued.
Mr. Russell one time had this property on the market for $30,000 per
acre but his realtor and I both agree that is too much. Somewhere around
$15,000 is within the market. The property owner on the south said he
turned down an offer of more than $15,000 per acre for his and the land
directly across Quaker Avenue sold for $17,000 per acre. The appraiser
used a value of $10,000 per acre in his original appraisal. The realtor
and our Right -of -Way agent both feel that $15,000 per acre is closer to
the market and recommended it for our revised offer to Mr. Phillip
Russell. Therefore the revised offer for the permanent easement is
$15,000 per acre X 75% (easement vs. fee simple) = $11,250 X 4.10
acres = $46,125. This is an increase of $15,375 more than our original
offer.
Our revised offer to Mr. Russell is $100,210. This includes the revised
damage figure of $35,800, the revised permanent easement amount of
$46,125 and the two temporary working easements containing 8.09 acres
at $18,285 using the revised $15,000 per acre figure. By revising our
offer to Mr. Russell, the City is avoiding a very likely time sensitive
condemnation case.
Mr. Moore, Mr. Russell's real estate agent, has indicated that this is a
workable offer. Just in case, wording has been added to the resolution
authorizing the City to institute condemnation proceeding to acquire these
easements if the offer is refused.
Right -of -Way Department recommended approval of this resolution.
(26.) Resolution No. 2002-R0022 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a contract pertaining to bioterrorism
preparedness lab services and associated documents between the City
of Lubbock and the Texas Department of Health.
RESOLUTION NO. 2002-R0022
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the he Cityty of ubbock is Lubbock aereby Contract thorized and directed (TDH DocumentN o�
execute for and on behalf of ty of
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Page 55
7560005906 2002, Attachment No. 9) pertaining to bioterrorism preparedness lab services
and any associated documents between the City of Lubbock and the Texas Department of
Health, a copy of which contract is attached hereto and which shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute and be
a part hereof as if fully copied herein in detail.
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Regular City Council Meeting
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Page 56
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden, Health Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0022.
Attachment 09 to TDH Document 7560005906-2002 is new funding to be
used for staff, equipment, supplies and training to enable the City of
Lubbock to process rapid tests vital to early detection of a bioterrorism
event. The total amount of $113,492 covers salary ($21,992) for one new
full-time microbiologist position, provides for the purchase of a
lightcycler instrument ($61,900) for rapid testing of bacterial agents used
in bioterrorism events, allows $25,000 in supplies, and $4,600 in other
costs.
Because the urgency of this contract specifies the purchase of a lightcycler
piece of equipment, a vendor must be in receipt of our purchase order no
later than thirty days after receipt of this contract. The new equipment
will provide preliminary results in two hours or less. The City of
Lubbock will provide services to clients who live or receive services in a
61 county area around Lubbock County.
Between mid -October 2001 and January 14, 2002, the Lubbock Health
Department received over 50 specimens for Anthrax analysis. Over one
hundred hours of overtime have been devoted to processing these
specimens. The new position will provide the necessary support personnel
to train in these new procedures.
This program fulfills the Core Mission of Public Health as it relates to
essential laboratory services. Without the funding from the Texas
Department of Health contract, local public health efforts will be greatly
impaired and the risk of illness in Lubbock citizens will increase.
Staff recommended approval of this resolution.
(27.) Resolution No. 2002-R0023 authorizing the City Council to approve
an agreement and authorizing the Mayor to execute all related
documents with the South Plains Association of Governments as
related to pass -through funds from the Texas Department on Aging
(TDOA).
RESOLUTION NO. 2002-R0023
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
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Regular City Council Meeting
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Page 57
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 between the City of Lubbock
and South Plains Association of Governments (SPAG), a Contract for pass -through funds
from the Texas Department of Aging, and all related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0023.
The City of Lubbock has contracted with the South Plains Association of
Governments (SPAG) for the past 22 years to provide services for the
senior population. SPAG serves as the pass through agency for federal
funds from the Texas Department on Aging (TDOA). The City of
Lubbock Senior Program targets any citizen 60 years or older to provide
a hot meal, transportation, recreational and social activities. The FY
2001-02 agreement with SPAG provides reimbursement for meals and
transportation.
Staff anticipates serving approximately 68,500 meals and approximately
5,000 units of transportation. The reimbursement rates from SPAG are as
follows:
• Congregate Meals —approximately 26,637 eligible units at $3.94
per unit for $105,000.
• Transportation -4,552 eligible units at $5.15 for $8,000.
The total estimated revenue to the City of Lubbock from the SPAG
contract is:
Congregate Meals $105 000
Transportation $ 8,000
Donations 56,170
$169,170
Staff recommended approval of this resolution.
Next item to be considered was Item No. 29.
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Page 58
(28.) Resolution No. 2002-R0049 authorizing the Park Development
Department to apply for a matching grant of up to $500,000 from the
Texas Recreation and Parks Account Program.
This item was moved to Regular Agenda and considered following
Item No. 50.
RESOLUTION NO. 2002-R0049
WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City",
desires to designate certain officials as being responsible for, acting for, and on behalf of
the "City" in dealing with the Texas Parks and Wildlife Department, hereinafter
referred to as "Department", for the purpose of participating in the Texas Recreation
and Parks Account Grant Program, hereinafter referred to as the "Program"; and
WHEREAS, the City certifies that the City matching share is readily available, and
dedicating the proposed site for permanent public park and recreational uses; and
WHEREAS, the Texas Legislature has approved the Program (Section 24 of the
Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of
Texas to participate in the Program; and
WHEREAS, the City is fully eligible to receive assistance under the Program; and
WHEREAS, the City is desirous of authorizing an official to represent and act for the
City in dealing with the Department concerning the Program;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
Section 1: That the City hereby certifies that they are eligible to receive assistance under
the Program.
Section 2: That the City hereby certifies that the matching share for this application is
readily available at this time.
Section 3: That the City hereby authorizes and directs its Parks and Recreation Manager
to act for the City in dealing with the Department for the purpose of the
Program, and Parks and Recreation Manager is hereby designated as the
representative in this regard.
Section 4: The City hereby specifically authorizes the official to make application to the
Department concerning the site known as Bill McAlister Park in the City of
Lubbock for use as a park site. That the Bill McAlister Park is already
dedicated for public park and recreation purposes in perpetuity.
Passed by the City Council this 23rd day of January, 2002.
/s/ Alex "Ty" Cooke
ALEX `TY' COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell, Parks and Recreation Manager
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Regular City Council Meeting
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Page 59
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
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Page 60
The Texas Legislature, through Section 24 of the Parks and Wildlife
Code, has established the Texas Recreation and Parks Account Program,
whereby local governments compete for matching funds to develop parks
and recreation facilities. Applications for matching funds up to $500,000
are due January 31, 2002.
To compete for these grants, the City Council, on May 10, 2001, adopted
Resolution No. 2001-R0168, which formally amended the 1998 Lubbock
Comprehensive Park, Recreation and Open Space Master Plan. The
amendment includes development priorities for each of four planning
quadrants in Lubbock that are bounded by 341h Street and Indiana Avenue.
The Park Development Department is preparing one proposal for the
January 31, 2002 deadline.
The application targets the top priorities for the southwest planning
quadrant. On January 9, 2002, the City of Lubbock was notified that it
had successfully obtained $500,000 from TP&W for the northeast
planning zone as well as $750,000 for the southeast planning zone.
This new proposal will leverage $3 million earmarked for improvements
to Bill McAlister Park. In September 1999, the citizens of Lubbock
approved $1.6 million in General Obligation Bonds to begin the initial
development of a Little League Baseball complex at McAlister Park. The
proposal is bolstered by the inclusion of Legacy Play Village, which will
have a minimum value of $1.4 million. To maximize the competitiveness
of the proposal, the privately raised funds for the Legacy Play Village
will be used as the local match.
The local match will be used to leverage the following improvements: a
baseball diamond, a t-ball diamond, a skate park, the Legacy Play Village
playground, a disc golf course, a BMX trail, a multi -purpose trail for —
jogging and in -line skating as well as a group pavilion. Most of these
amenities will be first time recreational opportunities for the citizens in
the southwest planning zone. If the application is successful, these items
will be constructed within three years.
This grant application, which follows the award of $1.25 million from
TP&W, responds to the City Council goals of expanding grant revenue
opportunities as well as to continuing to strengthen the public -private
partnerships. In August 2002, Texas Parks and Wildlife will formally
approve the competitive grant applications from cities across the state. At
that time, applicants will be notified regarding the status of funding.
Staff recommended the approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 2000-R0049 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 51.
(29.) Resolution No. 2002-R0024 authorizing the Mayor to execute for and on
behalf of the City of Lubbock Change Order No. 1 to the contract
between the City of Lubbock and Hunter Construction for construction
services at Bill McAlister Park, and all related documents.
RESOLUTION NO. 2002-R0024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
Regular City Council Meeting
January 23, 2002
Page 61
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, Change Order No. 1 to the Contract
between the City of Lubbock and Hunter Construction for construction services at Bill
McAlister Park, and all related documents. Said Change Order No. 1 is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell , Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of Change Order No. 1 is filed with Resolution No. 2002-R0024.
In October 2001, the City of Lubbock entered into a contract with Hunter
Construction to build the Conrado and La La Cavazos Baseball Complex
at Bill McAlister Park for $1,350,787. The scope of work includes three
little league fields, press boxes, a concession stand, restrooms, parking
lot and landscaping. The project is scheduled for completion in March
2002. The $1,998,525 project budget for developing McAlister Park is
funded by General Obligation Bonds approved in September 1999. In
addition, LP&L will perform $250,000 worth of in -kind lighting at the
baseball complex, bringing the value of the improvements to $2,248,525.
On September 27, 2001 the City Council adopted Resolution No. 2001-
R0373 designating McAlister Park as the site for the Junior League of
Lubbock's Community Built Playground. This playground, constructed
from wood, will be approximately 30,000 square feet. This occurred one
week after the construction bids were opened for the Conrado and La La
Cavazos Baseball Complex at Bill McAlister Park.
This large wooden recreational structure coupled with improvements to
the irrigation system required that a change order be adopted to address
the water use issues. These items are included in Change Order No. 1,
which totals $130,138, or 9.63 percent of the original construction
contract. The new construction amount will be $1,480,925.
These changes will not require that any additional time be granted to the
contractor to perform the tasks; the completion date will remain March
2002. No additional change orders will be required for this project. The
improvements and the amounts follow:
• $25,705 (Items #1-4): Will add five feet of concrete to the fire
lane from the parking lot to the concession stand and east to the
future bathroom that will service the Community Built
Playground; the parking lot entrance will be widened to allow for
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Regular City Council Meeting
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Page 62
fire trucks; and two landscaped parking lot islands will be added
for aesthetics.
• $29,804 (Items #5-6): Will upgrade the water main line from 4
inches to 6 inches. This will be necessary to decrease the
watering time for each ball field, thus reducing evaporation and
conserving water. Another added benefit will be improved fire
protection for the community built playground, which will be
constructed from wood. By conserving water, this item will pay
for itself within fifteen years.
• $19,659 (Item #7): Will substitute stainless steel irrigation rotors
to replace plastic ones. This will reduce replacement costs. This
particular brand of rotor will also improve watering and lessen the
impact to tree bark on the newly planted trees in the landscape.
This is particularly important due to the five additional feet of
concrete for the fire lane that will put the irrigation heads five feet
closer to the trees.
• $10,063 (Item # 9): Will pay for moving dirt in the right-of-way
of the proposed Milwaukee Avenue. Prior to the beginning of this
construction project, the Parks and Recreation Department was
able to obtain free dirt from the railroad relocation project. The
dirt, valued at savings of approximately $400,000 to the City of
Lubbock, was stored on the Milwaukee right-of-way in McAlister
Park. More dirt was on site than was actually needed, so the
remaining soil was moved in order for the electric and water
utilities to come to the site.
• $44,907 (Items #8, #10-12): On January 11, 2002 it was learned
that due to production delays, the 75-foot tall field lights will not
arrive until March 1, 2002. It will take approximately one week
for LP&L to set the twelve poles (four for each field). In order to
accomplish this task so that play can begin as scheduled in April,
the heavy equipment that will be required to set the poles will tear
up parts of the fields. Therefore it makes no sense to seed the
fields to establish grass prior to the installation of the light poles.
Instead, the contractor will substitute 2' X 100" rolls of Bermuda
sod to replace seeding of rye grass and hydro -mulching on the
three fields. The sod will be installed after the light installation.
Since the sod will be established uniformly, the contractor's
mowing and watering requirements will also be eliminated. This
item also includes the reduction of 22 trees due to the wider fire
lane. For these turf upgrades, Western Little League has agreed
to pay $10,000 and to pay five percent of advertising revenues to
the City in perpetuity. Within ten years, the league will have paid
for half of the cost of the turf upgrade.
These items will significantly enhance the Conrado and La La Cavazos
Baseball Complex. Furthermore, the provisions for water conservation
will enhance the City of Lubbock's application to Texas Parks and
Wildlife for a $500,000 matching grant to further develop the park.
Staff recommended approval of this resolution.
(30.) Consider approval of a bond reduction on West Lee Harrison Well
No. 32 and 33 from $25,000 to $10,000.
On October 25, 2001, the Council approved two oil wells to be drilled by
Tamarack Petroleum. Initial bond for protection of public improvements
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Regular City Council Meeting
January 23, 2002
Page 63
is $25,000. When a well is completed, the owner may apply for a
reduced bond ($10,000) that is carried as long as the well is in place.
Staff recommended approval of the reduction of bond since drilling has
been completed.
(31.) Resolution No. 2002-R0025 authorizing the Mayor to execute a renewal
and extension of professional services agreement between the City of
Lubbock and Texas Tech University for curation of Lake Alan Henry
artifacts.
RESOLUTION NO. 2002-R0025
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 Renewal and Extension of
Professional Services Agreement between the City of Lubbock and Texas Tech
University, and any other related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director Water Utilities
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0025.
In order to obtain the Army Corps of Engineers 404 Permit for dam
construction at Lake Alan Henry, the City was required to perform a
complete archeological survey of the land purchased for the project.
Included in the archeological survey was the requirement for the
cataloging and curation of all cultural artifacts discovered during the
survey process.
The original agreement in 1993 for curation of collected artifacts was
made with the Texas Tech University Museum. The contract was
effective for a ten-year period for $72,539.
At this time, $13,400 remains in the Museum account for the continuing
cataloging process of the 34,791 specimens in the collection. The
cataloging process is approximately twenty-six percent completed.
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Page 64
The Texas Tech Museum has requested another ten-year extension of the
curation contract, and is not requesting further funding with the
extension.
Staff recommended approval of this resolution.
(32.) Resolution No. 2002-R0026 authorizing acceptance of water and
sanitary improvements for Lots 1- 84, Southridge Addition to the
City of Lubbock, Lubbock County, Texas.
RESOLUTION NO. 2002-R0026
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER
SYSTEM IMPROVEMENTS FOR SOUTHRIDGE ADDITION, LOTS 1 - 84 TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Southridge Addition, Lots 1 - 84 to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $169,213.63 with the
improvements constructed by Utility Contractors of America, having a value of
$91,934.60 as determined by the unit prices established by said Chapter 28, and
$77,279.03 cash paid to the City, which amount includes $49,266.90 cash for adjacent
lines, with Craft Development Corporation, the developer, to receive a refund of
$4,611.73 in accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $-0- and
WHEREAS, the construction of the said water and sanitary sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in accordance
with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $ 4,611.73 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $ 0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer, Water UtilitiesPublic Works
:,
Regular City Council Meeting
January 23, 2002
Page 65
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
This is a routine acceptance of water and sanitary improvements
constructed in accordance with the subdivision regulations. The total cost
of the improvements is $169,213.63 and has a value of $91,934.60 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$77,279.03 that includes $49,266.90 for adjacent mains. The developer,
Craft Development Corp., will receive a refund of $4,611.73 in
accordance with Chapter 28. There is no refund of deposit.
The subdivision is located at 971b Street and Avenue U.
Staff recommended approval of this resolution.
(33.) Resolution No. 2002-R0027 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an agreement with Texas
Department of Transportation for the furnishing and installation of
traffic signal equipment by a municipality for TxDOT Project NH
2002(8) West Loop 289 and US 82.
RESOLUTION NO. 2002-R0027
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an agreement between the City of Lubbock
and Texas Department of Transportation for the furnishing and installation of traffic signal
equipment (Project: NH 2O02(8)) for the City of Lubbock, and all related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. HartJr.
Jeryl D. Hart, Jr., P.E.
City Traffic Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0027.
This agreement between the City and TxDOT is a result of the City's
desire to construct the traffic signal cabinet and controller,
communications interconnect and emergency preemption portion of the
traffic signal improvements for the West Loop 289 and US 82 freeway
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Regular City Council Meeting
January 23, 2002
Page 66
project and be reimbursed by TxDOT for this work. This work will
include furnishing or relocating and installing signal cabinets and
controllers, spread spectrum radio communications equipment, and
emergency preemption equipment at the following signalized
intersections: West Loop 289 and 34`h Street, West Loop 289 and 50'h
Street, Frankford Avenue and 50`h Street, and US 82 and West Loop 289
frontage roads. The City's Traffic Engineering Department has requested
to do this work to insure the quality and consistency of the installation and
to minimize the signal costs on this project. The estimated maximum cost
of the City's portion of the traffic signal installation is $92,863. A
detailed estimate is included as Exhibit A to the agreement. The City has
worked with TxDOT on several other projects in the past three years
performing similar work. Work is expected to start on this project within
six months.
Traffic Engineering Department and the Legal Department recommended
approval of this resolution.
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Page 67
(34.) Resolution No. 2002-R0028 authorizing the Mayor to execute for and
on behalf of the City of Lubbock an agreement with Texas
Department of Transportation for the furnishing and installation of
traffic signal equipment by a municipality for the Texas Tech
Parkway Project HP 428(1).
RESOLUTION NO. 2002-R0028
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an agreement between the City of Lubbock
and Texas Department of Transportation for the furnishing and installation of traffic signal
equipment (Project: HP 428(1)) for the City of Lubbock, and all related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeryl D. Hart, Jr.
Jeryl D. Hart, Jr., P.E.
City Traffic Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0028.
This agreement between the City and TxDOT is a result of the City's
desire to construct the traffic signal cabinet and controller,
communications interconnect and emergency preemption portion of the
traffic signal improvements for the Texas Tech Parkway Project from 19`h
Street to West Loop 289 and be reimbursed by TxDOT for this work.
This work will include furnishing or relocating and installing signal
cabinets and controllers, spread spectrum radio communications
equipment, and emergency preemption equipment at the following
signalized intersections: TT Parkway and 19' Street, TT Parkway and
Indiana (18`' Street), TT Parkway and Knoxville, TT Parkway and
Brownfield (US 82), TT Parkway and 4' Street, and TT Parkway and
Quaker. The City's Traffic Engineering Department has requested to do
this work to insure the quality and consistency of the installation and to
minimize the signal costs on this project. The estimated maximum cost of
the City's portion of the traffic signal installation is $52,277. A detailed
estimate is included as Exhibit A to the agreement. The City has worked
with TxDOT on several other projects in the past three years performing
similar work. Work is expected to start on this project within six months.
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Traffic Engineering Department and the Legal Department recommended
approval of this resolution.
(35.) Resolution No. 2002-R0029 authorizing the Mayor to sign an
application to the Texas Department of Public Safety requesting funds
to purchase video cameras and recording equipment to be used by the
Lubbock Police Department pursuant to Senate Bill 1074.
RESOLUTION NO. 2002-R0029
WHEREAS, the Texas Legislature enacted Senate Bill 1074 prohibiting racial
profiling by peace officers employed by law enforcement agencies in this State; and
WHEREAS, SB 1074 encourages the use of video and audio equipment in motor
vehicles regularly used by law enforcement agencies to make traffic and pedestrian stops
by exempting agencies that have such equipment from some of the reporting
requirements under the statute; and
WHEREAS, SB 1074 further encourages the use of video and audio equipment
in such motor vehicles by providing funding for such equipment through the Texas
Department of Public Safety (DPS); and
WHEREAS, the DPS is now accepting applications from law enforcement
agencies that are requesting funds for video and audio equipment pursuant to SB 1074;
and
WHEREAS, it would be in the best interest of the City of Lubbock, Texas, to
request such funds; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the Mayor of the City BE and is hereby directed to execute for and on
behalf of the governing body of the City an application to the Texas Department of
Public Safety requesting funds for video and audio equipment and which certifies to the
DPS that the Lubbock Police Department needs funds or video and audio equipment as
described by Article 2.135(a)(1)(A) of the Texas Code of Criminal Procedure.
Passed by the City Council this 23rd day of January, 2002.
/S/ ALEX `TY' COOKE
ALEX `TY'COOKE, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
The Texas Legislature enacted Senate Bill 1074 prohibiting racial
profiling by peace officers employed by law enforcement agencies in
Texas. Senate Bill 1074 encourages the use of video and audio equipment
Regular City Council Meeting
January 23, 2002
Page 69
in motor vehicles regularly used to make traffic stops. The Police
Department Motorcycle Unit is the primary traffic enforcement unit of the
Department. Funds from the DPS will allow the Department to equip the
Motorcycle Unit with audio recorders as encouraged by SB 1074. Funds
will also allow the Department to increase the number of video recorders
to equip spare cars and replace video recorders damaged or out of service
for maintenance. Upon completing and submitting the application, funds
are approved and distributed by the Texas Department of Public Safety to
law enforcement agencies to purchase such equipment. The completed
application accompanies this memo.
Staff recommended approval of this resolution.
(36.) Resolution No. 2002-R0030 authorizing the Council to accept and
approve the budget submitted by the Lubbock Police Department for
the expenditure of proceeds awarded to the Department and the
South Plains Regional Narcotics Task Force in accordance with
Article 59.06 of the Texas Code of Criminal Procedure.
RESOLUTION NO. 2002-R0030
WHEREAS, Article 59.06 of the Texas Code of Criminal Procedure provides
for the disposition of forfeited property seized by law enforcement officers in the
performance of their duties; and
WHEREAS, Article 59.06(d) of such Code provides that proceeds awarded to a
law enforcement agency may be spent by the agency after a detailed budget for the
expenditure of the proceeds has been submitted to the governing body of the
municipality for that agency; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
THAT the Council hereby accepts and approves the budget submitted by the
Lubbock Police Department for the expenditure of proceeds awarded to the Department
and the South Plains Regional Narcotics Task Force in accordance with Article 59.06
of the Texas Code of Criminal Procedure.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
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Prior to the expenditure of forfeited funds, the Texas Code of Criminal
Procedure requires a law enforcement agency to submit a budget for
these funds to the governing body of that agency.
The budget for the funds forfeited to the Lubbock Police Department and
the South Plains Regional Narcotics Task Force is outlined in the
attached document.
Lubbock Police Department recommended the approval of this
resolution.
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Page 71
(37.) Resolution No. 2002-R0031 authorizing the Mayor to ratify a letter
directed to Motorola, Inc., demonstrating intent to pursue a contract
to purchase Mobile Data Computer equipment for the Police Mobile
Data system pursuant to the interlocal purchasing agreement
between the City of Lubbock and the Houston -Galveston Council of
Governments (HGAC).
RESOLUTION NO. 2002-R0031
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby ratifies the letter of
December 19, 2001, directed to Motorola, Inc., expressing an intent to contract to
purchase various electronic and high technology upgrade items for the Lubbock Police
Department pursuant to the interlocal purchasing agreement between the City of
Lubbock and the Houston -Galveston Area Council of Governments, a copy of which
order and cover letter are attached hereto and made a part hereof as if fully copied
herein in detail.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Mann
Tom Mann, Assistant Police Chief
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First Assistant City Attorney
A copy of the Order and Cover Letter is filed with Resolution No. R0031.
The current Police Mobile Data system is limited to text -based mobile
terminals for inquiry, dispatch, and messaging. This upgrade will
provide rugged laptop computers capable of mugshot imaging and
graphics as well as all the current applications. Also, this upgrade is the
first phase in the process to apply field laptop reporting procedures and
is necessary to accomplish that goal.
Ratifying this letter does not require the City of Lubbock to purchase
anything. The letter simply commits Motorola to pricing. In addition,
Motorola will provide three more laptop computers in this upgrade
package, at no cost.
The City of Lubbock has grant funds available to purchase this
equipment. The computer equipment is available trough the HGAC
purchase process. Ratifying this letter will allow the City to proceed
with any subsequent contract finalization. The letter and pricing
acquired from Motorola accompanies this memorandum.
Lubbock Police Department recommended approval of this resolution.
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Page 72
(38.) Resolution No. 2002-R0032 authorizing the Mayor to approve an
application for a State administered, Federally financed Holiday Step
Wave Program, with emphasis on speed compliance, targeting
reduction in speed related crashes and seat belt usage, targeting
reduction in death and serious bodily injury.
RESOLUTION NO. 2002-R0032
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 Grant Agreement referred to as the
"Texas Highway Traffic Safety Program Grant Agreement" and any related documents,
with the State of Texas, Texas Department of Transportation. The maximum amount
eligible for reimbursement of funds under this agreement is $10,000.00, through September
30, 2002, the end of the grant period. The purpose of the program is to conduct additional
speed and occupant restraint enforcement, surveys, and education and media activity during
selected holiday periods.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willlard
Harold Willard, Asst. City Attorney
This is a grant program utilizing off duty personnel working overtime to
enforce non-compliance of designated speed limits and non -usage of seat
belts and child restraints.
This enforcement program addresses five major holiday periods:
Valentine's Day, February 10 through February 16; Spring Break,
March 15 through March 24; Memorial Day/Buckle Up America Week,
May 24 through May 30; Independence Day, July 1 through July 7, and
Labor Day, August 30 through September 5.
Awards for this grant have been set beginning January 23, 2002 upon
approval of the Lubbock City Council. This is a 100 % grant in the
amount of $10,000 to be administered during the period February 10,
2002 through September 30, 2002.
Lubbock Police Department recommended approval of this resolution.
(39.) Resolution No. 2002-R0033 authorizing the Mayor to terminate the
agreement between the City of Lubbock and Gelber & Associates,
effective February 28, 2002.
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Page 73
RESOLUTION NO. 2002-R0033
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a notice to terminate the
Professional Services Agreement between the City of Lubbock and Gelber & Associates,
effective February 28, 2002, with said notice 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 23rd day of January, 2002.
/S/ WINDY SITTON
Windy Sitton, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
A copy of the Notice to Terminate is filed with Resolution No. R0033.
Our current agreement with Gelber and Associates commenced on
November 1, 2000, and has an initial term of fifteen months. The initial
term expires on January 31, 2002. The contract states that either party
may terminate this agreement after the initial term with or without cause
upon 30 days' written notice. The contract provides for a monthly
retainer plus contingency payments based upon a percentage of the actual
savings incurred from estimated budget and savings based upon actual
performance versus market.
Three current strategies formulated in a recent planning session are to: 1)
not buy forward contracts in the short term; 2) renegotiate LP&L's gas
supply and gas transportation contract; and 3) reassess the need for an
outside consultant. These strategies will allow LP&L to remain flexible
with regard to buying vs. generating power, buying the lowest cost gas
available and adjusting our generation/purchased power mix to provide
the lowest cost electricity for LP&L customers. Should market conditions
dictate the need for more information and expertise than is currently being
provided by our gas supplier and other sources, LP&L has the option of
soliciting consulting services on an as -needed basis or putting out another
RFP for a long-term consulting contract. Putting out a new RFP would
enable LP&L to seek a better contract with more favorable terms and
better aligned to LP&L needs.
Staff recommended approval of this resolution.
(40.) Resolution No. 2002-R0034 to award a two year Subscription
Agreement between LexisNexis, a division of Reed Elsevier Inc. and
the City of Lubbock to provide online services for legal research.
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RESOLUTION NO. 2002-R0034
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 two year Subscription Agreement
between the City of Lubbock and LexisNexis, to provide online services for legal research,
and all related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT AND FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0034.
LexisNexis is a company that provides online research material at one
site. The package offered by LexisNexis includes material staff currently
have on CD ROM and material that is currently provided by other
sources. All staff will be provided with their own IDs and can access
LexisNexis from anywhere (i.e. office, home, out of town) as long as
there is Internet access. This network capability allows for faster
research, ability to fax and email from the screen, ability to track costs,
usage and databases for needed reports, and is easy to learn and navigate.
Our previous provider's online legal research fees increased this year.
This office will realize a savings of $5,760 per year by using LexisNexis.
This considerable cost savings is realized without any loss of research
capability.
Staff recommended approval of this resolution.
(41.) Resolution No. 2002-R0035 waiving the right of the City of Lubbock
to apply for a Juvenile Accountability Incentive Block Grant and
designating Lubbock County as the recipient of the funds.
RESOLUTION NO. 2002-R0035
WHEREAS, certain block grant funds in the amount of One Hundred Seven
Thousand Seventeen and No/ 100 Dollars ($107,017) (the "Funds") is designated for
allocation to the City of Lubbock through the Criminal Justice division of the State of
Texas; and
WHEREAS, the City of Lubbock desires to waive their right to apply for a Juvenile
Accountability Incentive Block Grant; and
WHEREAS, the City of Lubbock designates Lubbock County as the recipient of the
Funds; and
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WHEREAS, the City of Lubbock agrees to appoint one member to serve on the
Juvenile Crime Enforcement Coalition created by the County of Lubbock; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby waives its right to apply for a
Juvenile Accountability Incentive Block Grant and designates Lubbock County as the
recipient of the Funds. Be it further resolved that the Juvenile Sergeant of the city of
Lubbock Police Department is hereby designated to serve on the Juvenile Crime
Enforcement Coalition as created by the County of Lubbock.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Interim Chief of Police
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
The Governor's Criminal Justice Division is preparing to award Juvenile
Accountability Incentive Block Grant (JAIBG) funding to the City of
Lubbock in the amount of $107,017 for the fiscal year 2003. The City is
eligible for this allocation with a 10 percent cash match of $11,891,
making the total project budget $118,908. Lubbock County is eligible for
$36,275 with a 10 percent match of $4,031 making the total project
budget of $40,306. Should the allocations be combined, the total amount
of project funding would be $158,024.
JAIBG JUVENILE CRIME ENFORCEMENT COALITION PLAN
On January 3, 2002, a JAIBG Juvenile Crime Enforcement Coalition met
to conduct a needs assessment to determine priority areas for the
investment of the JAIBG funds. The coalition, consisting of police,
educators, juvenile justice agency officials, youth service providers, and
community leaders, developed a coordinated enforcement plan that
provides the basis for distribution, and expenditure of these JAIBG funds.
After much consideration, the coalition proposed that it would be most
beneficial to Lubbock County citizens for the City of Lubbock to waive
its funding to Lubbock County, specifically to the Lubbock County
Juvenile Justice Center, whereby the funds would be used to support the
following programs (details included in attachments):
1. 4' Corp Program
2. Program for At -Risk Students (PAS) and Juvenile Justice
Awareness Summer Program(no additional funds)
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3. Counseling and Needs Assessment Program for JJAEP students
4. Drug and Alcohol Program for JJAEP students
5. Counseling and Substance Abuse Education Services for LCJJC
6. Statistician and Research Services
7. Travel and Training
8. LCJJC
It is believed that by collaborating with the various agencies involved,
staff will be able to reduce juvenile delinquency, and prevent next -
generation Lubbock youth from entering the juvenile justice system. The
community as a whole will share in the responsibility of supervising,
teaching, and supporting the positive development of these youth while
holding the juveniles accountable for their wrongdoings.
Staff recommended approval of this resolution.
(42.) Resolution No. 2002-R0036 considering a joint election resolution with
Lubbock Independent School District authorizing the May 4, 2002
election to be a Joint Election.
RESOLUTION NO. 2002-R0036
JOINT ELECTION RESOLUTION
WHEREAS, the City of Lubbock and Lubbock Independent School District are
both required to conduct elections on May 4, 2002; and
WHEREAS, Section 271.002 of the Texas Election Code provides for joint
elections when an election is required upon the same day by two or more political
subdivisions occupying all or part of the same territory; and
WHEREAS, it is deemed to be in best interest of the citizens residing in the City
of Lubbock and Lubbock Independent School District to have a joint election on May 4,
2002, pursuant to the above cited provision of the Election Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND
THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT
ACTING JOINTLY:
THAT a joint election of the City of Lubbock and Lubbock Independent School
District be held on May 4, 2002, under provisions of the Texas Election Code and other
applicable law and in accordance with the following agreed terms:
1. THAT common precinct boundaries and voting places shall be designated
by each governing body so far as is practical and expedient.
2. THAT a single set of election officers shall be agreed upon and
designated by both governing bodies for the conduct of the election. Such officers shall
include those qualified to serve for each individual subdivision.
3. THAT the election shall be administered by Ms. Rebecca Garza, City
Secretary of the City of Lubbock, within the limits of the City of Lubbock with Tracey
Gregory of Lubbock Independent School District serving as assistant election officer.
4. THAT there will be early voting conducted April 17, 2002, to April 30,
2002, at the office of the City Secretary, 1625 13th Street, on weekdays, other than City
holidays, during the regular business hours of the office of the City Secretary, which are
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Regular City Council Meeting
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Page 77
from 8:00 a.m. to 5:00 p.m. and at the offices of Lubbock Independent School District,
1628 19' Street, on weekdays other than School holidays, during the regular business
hours of Lubbock Independent School District, which are from 8:00 a.m. to 5:00 p.m.
Early voting by personal appearance will be conducted at the following branch early
voting locations: South Plains Mall, 6002 Slide Road; United Supermarket No. 501,
2630 Parkway Drive; Albertson's Food & Drug, 3249 50th Street; United Supermarket
No. 503, 112 N. University; United Supermarket No. 505, 401 Slide Road and United
Super Market No. 506, 1701 50' Street. The hours and days of voting at the branch
early voting locations shall be as indicated on an appropriate Election Order by each
entity.
5. THAT the preparation of election supplies, contacting of appropriate
officials, publication and all other routine matters for those precincts with voting places
within the City of Lubbock shall be the responsibility of the City Secretary of the City of
Lubbock.
6. THAT each political subdivision shall be responsible for posting its own
notices and maintaining records pertaining solely to its own election as custodian of its
own records. Each political subdivision also shall be responsible for preparing the ballot
for its own election and for conducting a "drawing for place on the ballot," for its own
election at a location and time of its own choice.
7. THAT the official canvassing of ballots and announcements of results
shall be done individually by each governing body, and each political subdivision shall
issue its own certificates of election to the candidates elected to that political subdivision.
8. THAT in all precincts where there are voters residing outside the
jurisdiction of one of the political subdivisions, but inside the other political subdivision,
such voters shall be given ballots containing only the names of those candidates for
whom they are qualified to vote. Write in votes shall be cast on the ballot at the
indicated space.
9. THAT separate ballots and ballot boxes shall be used for this election and
that the sealed ballot box procedure established. by Subchapter C, Chapter 127, Texas
Election Code, shall be used for this election.
10. THAT the City Secretary is hereby appointed as early voting clerk to
oversee joint early voting.
11. THAT each entity shall pay its proportionate share of the common costs
attributable to the joint election activities necessary for the conduct of the joint election.
In the event that either party does not conduct an election on May 4, 2002, such party
shall be liable only for such joint expenses as are incurred prior to cancellation of its
election.
Resolved by the City Council on this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Resolved by the Board of Trustees on this 14th clay of February, 2002.
/s/ BOB CRAIG
BOB CRAIG, PRESIDENT
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ATTEST:
/s/ Karen Slav
Karen Slay, Secretary
Presented for Council consideration was a resolution between the City of
Lubbock and Lubbock Independent School District to hold a joint election
in order to achieve convenience to the voters as well as cost savings for
both entities. The joint election is to be held on May 4, 2002, under
provisions of the Texas Election Code and other applicable law and in
accordance with the following agreed terms:
1. THAT common precinct boundaries and voting places shall be
designated by each governing body so far as is practical and
expedient.
2. THAT a single set of election officers shall be agreed upon and
designated by both governing bodies for the conduct of the
election. Such officers shall include those qualified to serve for
each individual subdivision.
3. THAT the election shall be administered by Ms. Rebecca Garza,
City Secretary of the City of Lubbock, within the limits of the
City of Lubbock with Tracey Gregory of Lubbock Independent
School District serving as assistant election officer.
4. THAT there will be early voting conducted April 17, 2002, to
April 30, 2002, at the office of the City Secretary, 1625 13th
Street, on weekdays, other than City holidays, during the regular
business hours of the office of the City Secretary, which are from
8:00 a.m. to 5:00 p.m. and at the offices of Lubbock Independent
School District, 1628 19`h Street, on weekdays other than School
holidays, during the regular business hours of Lubbock
Independent School District, which are from 8:00 a.m. to 5:00
p.m. Early voting by personal appearance will be conducted at the
following branch early voting locations: South Plains Mall, 6002
Slide Road; United Supermarket No. 501, 2630 Parkway Drive;
Albertson's Food & Drug, 3249 50th Street; United Supermarket
No. 503, 112 N. University; United Supermarket No. 505, 401
Slide Road and United Super Market No. 506, 1701 50`h Street.
The hours and days of voting at the branch early voting locations
shall be as indicated on an appropriate Election Order by each
entity.
5. THAT the preparation of election supplies, contacting of
appropriate officials, publication and all other routine matters for
those precincts with voting places within the City of Lubbock shall
be the responsibility of the City Secretary of the City of Lubbock.
6. THAT each political subdivision shall be responsible for posting
its own notices and maintaining records pertaining solely to its
own election as custodian of its own records. Each political
subdivision also shall be responsible for preparing the ballot for its
own election and for conducting a "drawing for place on the
ballot," for its own election at a location and time of its own
choice.
7. THAT the official canvassing of ballots and announcements of
results shall be done individually by each governing body, and
each political subdivision shall issue its own certificates of election
to the candidates elected to that political subdivision.
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8. THAT in all precincts where there are voters residing outside the
jurisdiction of one of the political subdivisions, but inside the other
political subdivision, such voters shall be given ballots containing
only the names of those candidates for whom they are qualified to
vote. Write in votes shall be cast on the ballot at the indicated
space.
9. THAT separate ballots and ballot boxes shall be used for this
election and that the sealed ballot box procedure established by
Subchapter C, Chapter 127, Texas Election Code, shall be used
for this election.
10. THAT the City Secretary is hereby appointed as early voting clerk
to oversee joint early voting.
11. THAT each entity shall pay its proportionate share of the common
costs attributable to the joint election activities necessary for the
conduct of the joint election. In the event that either party does not
conduct an election on May 4, 2002, such party shall be liable
only for such joint expenses as are incurred prior to cancellation of
its election.
City Secretary recommended approval of this resolution.
(43.) Consider the price and conditions of sale of Parcels 15760-7-10, 20, 30
and 40 at 206, 208, 210 and 212 East 191h Street, legally described as
Lots 1, 2, 3, and 4, Block 7-A, Coronado Addition of the Coronado
Urban Renewal Plan in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to Mary
Jones Brock for $9,800. The property is to be developed as Brock's
South Plains Funeral Directors by moving an existing 6,721 square foot
funeral home currently located at 2202 4`' Street onto these vacant lots.
The structure will be rehabilitated to electrical, plumbing and mechanical
City Code standards. The structure is valued at approximately $300,000.
The land is properly zoned for this development.
The proposed sale is submitted according to the Marketing Plan for the
Chatman Hill Area adopted by the Urban Renewal Board of
Commissioners on August 15, 1989.
Staff recommended approval of this sale.
(44.) Resolution No. 2002-R0037 authorizing the Mayor to execute a
Change Order #1 to the contract between the City of Lubbock and
Allen Butler Construction, Inc. for the extension of the Westport
Access Road at Lubbock International Airport.
RESOLUTION NO. 2002-R0037
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, Change Order No. 1 to the contract
between the City of Lubbock and Allen Butler Construction, Inc. for the extension of the
Westport Access Road at Lubbock International Airport, and all related documents. Said
Change Order No. 1 is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
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Regular City Council Meeting
January 23, 2002
Page 80
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of Change Order No. 1 is filed with Resolution No. 2002-R0037.
This project was initiated last Fall to extend an existing road located on
the west side of the airport to the cargo facility on Interstate 27. Due to
budget constraints, the original design routed the roadway around the
west side of an FAA -owned radio facility. This routing, however, left
only a narrow strip of land between the roadway and the Interstate 27
access road.
Once construction bids were opened, it was determined that there was
enough money left in the project budget to modify the route so that it
would pass to the east of the FAA facility. This will create a larger
parcel of land between the road and the Interstate that is more suitable for
development.
The original construction contract amount was $861,804.10. The
proposed Change Order is $108,882, making the new construction
contract amount $970,686.82, an increase of 12.6%.
This project is funded by the FAA under the Airport Improvement
Program and the Passenger Facility Charge Program. The FAA has
reviewed and approved the proposed Change Order.
Airport Board and staff recommended approval of this resolution.
(45.) Resolution No. 2002-R0038 authorizing the Mayor to execute Change
Order #1 to a contract with Hunter Construction Company for
construction of the Water Utilities Electrical Shop Building and
Equipment Operations Building.
RESOLUTION NO. 2002-R0038
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 to the Contract
between the City of Lubbock and Hunter Construction to furnish an additional bay to the
Electrical Shop Building, and all related documents. Said Change Order is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
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Regular City Council Meeting
January 23,2002
Page 81
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Change Order is filed with Resolution No. 2002-R0038.
This change order includes an additional bay to the Electrical Shop
Building. The additional bay lengthens the building from 75 feet to 100
feet to provide additional shop space for electrical maintenance
operations. The original contract amount of $27,160 is increased from
$376,642 to $403,802 and is within the Water Treatment Plant
Optimization budget.
Staff recommended approval of this resolution.
(46.) Resolution No. 2002-R0039; Resolution No. 2002-R0040; Resolution
No. 2002-R0041; and Resolution No. 2002-R0042 /BID #277-01/RS -
Consider four Resolutions for Distribution Transformers —Annual
Pricing (Electric Distribution).
RESOLUTION NO. 2002-R0039
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 Letter of Award for distribution
transformers -annual pricing, by and between the City of Lubbock and Temple, Inc. of
Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
Regular City Council Meeting
January 23, 2002
Page 82
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas , Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0039.
This bid establishes annual pricing for the purchase of pole type and pad
mounted distribution transformers for the year 2002. These transformers
are electrical devices that transform electricity from one voltage level
down to another (i.e. from 12,700 Volts to 120 Volts). The transformers
are of different capacities ranging from IOkVA to 1500kVA and different
types and secondary voltages to suit customer requirements. These units
will be installed in our overhead and underground distribution systems to
maintain existing electrical service and to serve new and additional
customers.
The tab sheet lists the bidders for each bid item in order of increasing
evaluated life -cycle cost of buying and operating the transformer over a
twenty-year period. The life -cycle cost was calculated using the industry
standard of adding $5.60 per watt of core loss and $1.70 per watt of
winding loss to the purchase price. However, for bids that are within 3 %
of the lowest life -cycle cost, the bids are considered equal and the bidders
are listed in order of unit price.
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Regular City Council Meeting
January 23, 2002
Page 83
The low bids are from the following companies:
Temple Inc. of Lubbock, TX $312,442.57
Techline, Inc. of Amarillo, TX $149,814.00
Preferred Sales Agency, Inc. of Carthage, TX $126,077.00
Wesco Distribution, Inc. of Haltom City, TX $123,250.00
Priester Supply Company, Inc. of Lubbock, TX $ 53,676.00
Pauwels Transformers, Inc. of Washington, MD $ 16,238.00
The low bids are within the System Capital Outlay -Distribution
Transformers budget.
(47.) Resolution No. 2002-R0043 /BID #285-01/BM — Consider one
Resolution for Southeast Water Reclamation Plant Chlorine Storage
Building Improvements (Water Utilities).
RESOLUTION NO. 2002-R0043
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Contract for the Southeast Water
Reclamation Plant Clorine Storage Building improvements, by and between the City of
Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of January, 2002, 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
FM
Regular City Council Meeting
January 23, 2002
Page 84
OWNER, and Wardroup & Associates, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #285-01/13M - Southeast Water Reclamation Plant Chlorine Storage Building
Improvements - $$122,500.00
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/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Wallace C. Wardroup
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Wardroup & Associates, Inc.
By: /s/ Dennis W. Wardroup
PRINTED NAME: Dennis W. Wardroup
TITLE: President
COMPLETE ADDRESS:
Wardroup & Associates, Inc.
1717 Avenue K, Ste 203
Lubbock, Texas 79401
This project involves the addition of split face cement masonry unit
curtain walls between the existing columns to enclose the existing chlorine
storage area. The construction will include doors and windows to match
the existing architecture, installation of new fiberglass ducting, dampers,
and minor changes to the existing scrubber system ducts.
Regular City Council Meeting
January 23, 2002
Page 85
The City of Lubbock Water Utilities Southeast Water Reclamation Plant
Chlorine Storage Facility needs to be enclosed for the safety of its
employees and the citizens of Lubbock. The impact of this project will
result in improved plant safety.
The low bid is $122,500 from Wardroup & Associates, Inc of Lubbock,
Texas and is within the Capital Improvement Project Sewer Facilities and
System Improvements budget.
(48.) Resolution No. 2002-R0044 /BID #292-01/BM — Consider one
Resolution for Lubbock Land Application Site Remediation Well
Pumping Equipment (Water Utilities Engineering).
RESOLUTION NO. 2002-R0044
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Contract for the Lubbock Land
Application Site remediation well pumping equipment, by and between the City of Lubbock
and Wolf Irrigation of Abernathy, Texas and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of January, 2002, 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 Wolf Irrigation, of the City of Abernathy, County of Lubbock, and the
State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of th
hereinafter mentioned, to be made and performed by
conditions expressed in the bond bearing even d
CONTRACTOR hereby agrees with OWNER to cc
construction of certain improvements described as follows:
payments and agreements
the OWNER
ite herewith
mmence and
and under the
(if any) the
complete the
Regular City Council Meeting
January 23, 2002
Page 86
BID #292/01BM - Lubbock Land Application Site Remediation Well Pumping
Equipment - $36,997.90
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/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Wayne Kitchens
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Wolf Irrigation
By: /s/ Ralph W. Wolfe
PRINTED NAME: Ralph W. Wolfe
TITLE: President
COMPLETE ADDRESS:
Wolf Irrigation
P. O. Box 490
Abernathy, Texas 79311
Eight water well and 25,000 feet of associated collector system are under
construction on the Lubbock Land Application Site. This work has been
prompted by an on -going Ground Water Remediation project and a recent
notice of violation from the TNRCC calling for more pumping sites. This
bid is for furnishing and installing the pumping equipment for the above
mentioned wells under construction.
The cost of the pumping equipment and installation is in the range of 15 %
of the cost to operate the equipment for a five year period. Because of
this, it was important to evaluate the bids based on a five-year life cycle
cost using the operating cost of the equipment based on it's efficiency plus
the bidder's cost to furnish and install the equipment.
:.
Regular City Council Meeting
January 23, 2002
Page 87
The lowest five-year life cycle cost bid is $36,997.90 from Wolf
Irrigation of Abernathy, Texas and is within the System Improvements
budget.
(49.) Resolution No. 2002-R0045; Resolution No. 2002-R0046; and
Resolution No. 2002-R0047/BID #299-01/BM — Consider three
Resolutions for Water Treatment Chemicals - Annual Pricing (Water
Production & Treatment).
M.
Regular City Council Meeting
January 23, 2002
Page 88
RESOLUTION NO. 2002-R0045
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 Letter of Award for water treatment
chemicals -annual pricing, by and between the City of Lubbock and DPC Industries, Inc. of
Sweetwater, Texas and related documents. Said Letter of Award is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0045.
RESOLUTION NO. 2002-R0046
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 Letter of Award for water treatment
chemicals -annual pricing, by and between the City of Lubbock and Cal -Pacific Carbon-LLC.
of Fields Landing, California and related documents. Said Letter of Award is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
Regular City Council Meeting
January 23, 2002
Page 89
/s/ William de Haas
William de Haas , Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0046.
RESOLUTION NO. 2002-R0047
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 Letter of Award for water treatment
- chemicals -annual pricing, by and between the City of Lubbock and Ciba Specialty Chemicals
Corporation of Suffolk, Virginia and related documents. Said Letter of Award is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Letter of Award is filed with Resolution No. 2002-R0047.
This bid establishes annual pricing for the purchase of water treatment
chemicals. The chemicals include chlorine, anhydrous ammonia,
powdered activated carbon and salt pellets for water softening system and
are used at various points and times in the drinking water treatment
process. The process of coagulation and taste and odor control are
regulated by the Texas Natural Resource Conservation Commission. All
these chemicals are required to ensure compliance with these regulations.
The low bids are from the following companies:
DPC Industries, Inc. of Sweetwater, TX
$211,795.00
Ciba Specialty Chemicals Corporation of Suffolk, VA
82,500.00
Cal -Pacific Carbon, LLC of Fields Landing, CA
79,200.00
BBB Fertilizer Company of McKinney, TX
20,146.80
Bob J. Johnson & Associates of Lubbock, TX
1,305.00
The low bids are within the Chemical Supplies budget.
(50.) Resolution No. 2002-R0048 /BID #001-02/BM — Consider one
Resolution for Silent Wings Museum (Aviation).
RESOLUTION NO. 2002-R0048
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
January 23, 2002
Page 90
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 between the
City of Lubbock and Pharr Construction Company, Inc. of Lubbock, Texas, for the
Silent Wings Museum, and any other related documents. Said Contract is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 23rd day of January, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0048.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of January, 2002, 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 PHARR CONSTRUCTION COMPANY, INC., of the City of Lubbock,
County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #001/02/13M - SILENT WINGS MUSEUM - $1,494,452.00
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
all
Regular City Council Meeting
January 23, 2002
Page 91
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.
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Regular City Council Meeting
January 23, 2002
Page 92
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ H. David Jones
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Jackie Norrell
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
PHARR CONSTRUCTION COMPANY,
INC.
By: /s/ John K. Pharr
PRINTED NAME: John K. Pharr
TITLE: Vice President
COMPLETE ADDRESS:
PHARR CONSTRUCTION
COMPANY, INC.
P. O. Box 2791
Lubbock, Texas 79408
This project involves the complete rehabilitation and remodeling of the
old airport passenger terminal building to be used as the new Silent Wings
Museum. Work includes demolition of portions of the exterior and all of
the interior of the existing building. New HVAC, plumbing and electrical
systems will be installed including remodeling all interior spaces. A new
addition is also scheduled to be added to the existing building as part of
this project. This project is necessary in order to house the new museum.
The recommended bid is shown on the attached tab sheet.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
Next item to be considered was Item No. 28.
PUBLIC SAFETY
POLICE
(51.) Ordinance No. 2002-0 amending Chapter 16 of the Code of
Ordinances of the City of Lubbock, Texas, by creating a new Article
XIV with regard to providing for the operation of Motor Vehicle
Escort Services within the City of Lubbock.
This item was considered following Item No. 28.
Council is aware of the fact that provision of free police escort services
for funeral homes was suspended mid -summer, 2001. The reason behind
the suspension of services was our concern for the safety of the officers.
Since that time, Council has been contacted from time to time by a variety
of individuals with a variety of perspectives on this issue. Some have
indicated that staff should let the private sector provide this, permanently
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Regular City Council Meeting
January 23, 2002
Page 93
relieving the City of any sort of responsibility. Many others have argued in
favor of reinstituting the service, recognizing that staff might need to take
certain steps to enhance the safety of officers.
This particular ordinance has been placed on the agenda at the request of
Councilman Hernandez. It provides for the permitting of private
companies to provide vehicle escorts within the city limits. Such escorts
are typically for funeral processions, oversize loads and other vehicles
requiring a special escort, e.g., vehicles carrying certain hazardous waste.
The ordinance requires that these services and drivers obtain a permit from
the City and pay a nominal fee. It also requires good driving records and
liability insurance coverage. Escort service vehicles would not be
authorized as emergency vehicles, nor would their employees be authorized
to direct traffic unless they are certified as peace officers by the state. In
the event the City chooses to lease our Opticom (signal override) devices to
private motor vehicle escort services, only employees that are certified
peace officers may operate them to control traffic signals. Off -duty
Lubbock police officers would not be allowed to do this work because of
liability exposure to the City.
It is apparent to the staff that there is a desire to reinstitute some type of
vehicle escort service. From the staff perspective, it appears that there are
at least three options:
I. The City could choose to reinstitute the service at no cost to the funeral homes or their
clients. This would have no impact in terms of increasing our cost, as these officers
are already on duty and providing other services. It would have the impact, however,
of taking them away from other duties.
2. The City could reinstitute the services, but charge funeral homes for those services. A
cost of service study done by an outside company indicates that a fair charge for this
service would be $140 per funeral. At the same time, the City could pass the attached
ordinance that would allow the private sector to compete with City services.
Hopefully, this would have the impact of reducing the calls for service on the Lubbock
Police Department, thereby allowing us to divert those personnel to other purposes.
3. The City could pass this ordinance and allow private vendors only to provide the
service.
Staff is cognizant of the fact that there is a high degree of support for
reinstitution of some type of service and agrees that this should be done. In
light of our historic efforts in the area of cost recovery, and in light of the
police manpower shortages that staff are experiencing, it would be staff
recommendation that staff choose Option #2 above. Having said that,
however, I would hasten to add that staff is also supportive of either of the
other two options should Council choose to direct those instead. In the
event that Council directs staff to implement Option #1, no further formal
Council action would be necessary. Interim Chief Claude Jones was
available to discuss any logistical issues on this matter, including officer
safety.
11:25 A.M. Mayor Pro Tem Cooke left the dais.
Motion was made by Councilmember Nelson, seconded by Councilmember
McDougal to direct City Manager Bob Cass to reinstate the previous policy
of providing funeral escorts by the City of Lubbock Police Department
with appropriate motor vehicles, which would include either motorcycles
or a patrol car with the added addition of the Opticom safety device.
Motion carried: 6 Yeas, 0 Nays.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Morrison to pass on first reading of Item No. 51 as
recommended by staff. Motion failed: 2 Yeas, 4 Nays. Mayor Sitton,
Councilmember McDougal, Councilmember Nelson, and Councilmember
Patterson voted Nay.
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Regular City Council Meeting
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Page 94
BOARD APPOINTMENTS
(52.) Consider one appointment to Reese Redevelopment Authority.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to appoint Dr. Michael Danchak to the Reese
Redevelopment Authority. Motion carried: 6 Yeas, 0 Nays.
(53.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to appoint Deborah May to the Appointments
Advisory Board. Motion carried: 6 Yeas, 0 Nays.
(54.) Consider one appointment to the Community Relations Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to appoint Mary Floyd to the Community
Relations Commission. Motion carried: 6 Yeas, 0 Nays.
11:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
12:50 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Hernandez adjourned the meeting.
Read and approved this ) yt� day of a
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
94