HomeMy WebLinkAboutMinutes - City Council - Regular - 2/28/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 28, 2002
7:30 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 28th
day of February, 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, Councilmember Victor Hernandez,
Councilmember Marc McDougal, and Councilmember David Nelson,
Absent: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Frank W.
Morrison, and Councilmember 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 (Human Resources; Police
Department; Water Utilities); personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); and to
deliberate the purchase, exchange, lease, or value of real property
(Water Utilities).
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) and take appropriate action.
( 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 (Human Resources; Police Department; Water Utilities).
( 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:
Citizens Traffic Commission
Community Relations Commission
North Overton Tax Increment Finance District Board
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease,
or value of real property (Water Utilities).
Regular City Council Meeting
February 28, 2002
Page 124
9:42 A.M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(6.) Discussion of North Overton Project and Tax Increment Finance
District. Bob Cass, City Manager (60 minutes)
Council was briefed on the proposed TIF at the December 13 Council
meeting. At that time, staff was authorized to proceed with the TIF
study. Craig Farmer, Managing Director of Planning, and Larry Cline
of Schrader and Cline, the City's TIF consultants, were present to
discuss any results of the study and to provide any background
information for the Council. The purpose of this presentation, however,
was also to discuss the overall issues facing the community and the
municipal organization relative to the North Overton project.
Representatives from Texas Tech and the developer were present to
answer any questions that Council might have regarding this project.
Senator Robert L. Duncan, Victor M. Mellinger, Associate General
Council, Texas Tech University Health Sciences Center and Delbert
McDougal responded to questions asked by Council.
No action is required on this item.
10:40 A.M. WORK SESSION RECESSED
10:59 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
Absent: None.
Mayor Sitton called the meeting to order at 10:59 A. M.
( 7.) Pastor Carl Toti, Trinity Church, gave the invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Rubye Donaldson
Edna Garcia (unable to attend)
Roshan Mehdiabadi
Board of Health
Receiving: Dr. John Selby (unable to attend)
Community Relations Commission
Receiving: Earnest Merritt
Marisela Olivas (unable to attend)
Susan Poff
Warlean Reed
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Culture and Arts Commission
Receiving: Don Kittrell
Keep Lubbock Beautiful Advisory Committee
Receiving: Sue Aparicio
Shelby Crews
Susan White
Neighborhood Redevelopment Commission
Receiving: John Carroll
Parks and Recreation Board
Receiving: Andr6 Howard (unable to attend)
Zoning Board of Adjustment
Receiving: Larry Lowe
CITIZENS APPEARANCES
(9.) Presentation of a proclamation to the American Business Club
commemorating March 7-9, 2002, as ABC; Rodeo Days in Lubbock.
For the past 60 years, the ABC Rodeo has contributed to the quality of
life in our community. By providing rodeo proceeds to help sponsor
Lubbock's three Boys and Girls Clubs, a longstanding tradition of
helping local youth has been established. Each year, members of the
American Business Club dedicate personal time and effort in organizing
the ABC Rodeo, and they work hard to ensure that it is a quality event.
Scott Brown, Chairman of the 2002 ABC Rodeo, accepted the
proclamation commemorating March 7-9, 2002, as ABC Rodeo Days in
Lubbock.
(10.) Presentation of a proclamation to the International Cultural Center
of Texas Tech University commemorating March 1-7, 2002, as
International Week in Lubbock.
International Week, presented annually by Texas Tech University's
Office of International Affairs, accentuates the many cultures represented
at Texas Tech and in Lubbock. The week is a continuation of a tradition
that focuses on all nationalities and peoples, as well as on all students,
faculty, and community members who are interested in multicultural and
intercultural experiences and professions. Diverse activities have been
organized and sponsored by academic, administrative and student affairs
groups from across the campus.
Jane Bell from the Office of International Affairs at Texas Tech
University accepted a proclamation to the International Cultural Center
of Texas Tech University commemorating March 1-7, 2002, as
International Week in Lubbock.
CONSENT AGENDA (Items Nos. 11, 12, 14-16, 18-40
Motion was made by Councilmember McDougal, seconded by
Councilmember Morrison to approve Items 11, 12, 14-16, 18-40 on
consent agenda as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
(11.) Approval of Minutes: February 7, 2002
Special City Council Meeting
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(12.) Ordinance No. 2002-00011-ZONE CASE NO. 2927 (7405 Brownfield
Road): Request of Tom Scarborough for a zoning change from T to
IHC on an unplatted 9.74-acre tract of land out of Section 31, Block
AK (second and final reading).
ORDINANCE NO. 2002-00011
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2927; A ZONING CHANGE FROM T TO IHC
ZONING ON AN UNPLATTED 9.74 ACRE TRACT OF LAND OUT OF SECTION
31, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Next item to be considered was Item No. 14.
(13.) Ordinance No. 2002-00012-ZONE CASE NO. 2163-B (2717 3'd
Street): Request of SpectraSite Communications (for Cingular
Wireless -Randy Mannino/Agent) for a zoning change from IHC to
IHC Specific Use for a telecommunications tower on a 2,500 square
foot parcel out of the east 130.33 feet of Lot A, Blankenship Addition
No. 2 (second and final reading).
This item was moved to Regular Agenda and was considered
following Item No. 40.
ORDINANCE NO. 2002-00012
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2163-B; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE ZONING ON A 2500-SQUARE-FOOT PARCEL OUT OF THE
EAST 130.33 FEET OF LOT A, BLANKENSHIP ADDITION NO. 2, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on second reading Ordinance No.
2002-00012 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Councilmember McDougal recused himself.
Next item to be considered was Item No. 17.
(14.) Ordinance No. 2002-00013-ZONE CASE NO. 2928 (5229 73`d
Street): Request of Hugo Reed and Associates, Inc. (for Lubbock
Legacy Homes, Inc., Linn Lee) for a zoning change from R-1 to R-2
for a duplex on Lot 62, South Acres Addition (second and final
reading).
This item was considered following Item No. 12.
ORDINANCE NO. 2002-00013
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2928; A ZONING CHANGE FROM
R-1 TO R-2 ZONING ON LOT 62, SOUTH ACRES ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(15.) Ordinance No. 2002-00014-ZONE CASE NO. 1875-U (6801 19'h
Street): Request of Hugo Reed and Associates, Inc. (for CMH, Inc.,
Wes Tulley) for a zoning change from R-1 Specific Use (mobile home
park) to C-4 Specific Use for a mini -storage on a 5.29 acre tract of
land on Lot 2, Commander's Addition (second and final reading).
ORDINANCE NO. 2002-00014
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1875-U; A ZONING CHANGE FROM R-1
SPECIFIC USE TO C-4 SPECIFIC USE ZONING ON A 5.29 ACRE TRACT OF
LAND ON LOT 2, COMMANDER'S ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(16.) Ordinance No. 2002-00015-ZONE CASE NO. 2816-A (1701 761h
Street, 7502 Avenue P, 7516 Avenue P, 7501 Paris Avenue, 7502
Paris Avenue, 7513 Paris Avenue, 7514 Paris Avenue, 7501 Quanah
Avenue, 7502 Quanah Avenue, 7512 Quanah Avenue, 7513 Quanah
Avenue): Request of South Mesa II, Ltd. to amend Ordinance No.
10073 (R-1 Specific Use) to allow reducing the side street setback
from 10 feet to 5 feet on Lots 258, 264, 265, 270, 275, 276, 282, 283,
289, 290, 296, 297, 304 and 305, South Mesa Addition (second and
final reading).
ORDINANCE NO. 2002-00015
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2816-A; AMEND ORDINANCE NUMBER 10073 BY
ADDING CONDITIONS TO ALLOW THE REDUCTION OF THE SIDE STREET
SETBACK FROM 10 FEET TO 5 FEET ON LOTS 258, 264, 265, 270, 275, 276,
282, 283, 289, 290, 296, 297, 304 AND 305, SOUTH MESA ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO AMENDED
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Next item to be considered was Item No. 18.
(17.) Ordinance No. 2002-00016-ZONE CASE NO. 2930 (south of 8`h
Street to Main Street between Avenue W and Avenue V): Request of
Burl W. Masters (for McDougal Properties) for a zoning change
from R-2 and A-2 to A-2 for an apartment project on Lots 1-24,
Blocks 68, 69 and 70, Overton Addition (second and final reading).
This item was moved to Regular Agenda and was considered
following Item No. 13.
ORDINANCE NO. 2002-00016
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2930; A ZONING CHANGE FROM R-2 and A-2 TO
A-2 ZONING ON Lots 1-24, Blocks 68, 69 and 70, Overton Addition, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on second reading Ordinance No.
2002-00016 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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Councilmember McDougal recused himself.
Next item to be considered was Item No. 41.
(18.) Ordinance No. 2002-00017 amending Chapter 26 of the Code of
Ordinances of the City of Lubbock, Texas, by amending Section 26-
11 providing for the taxation of leased motor vehicles by suspending
the collection of the tax on leased motor vehicles as provided in
Ordinance No. 2001-00094 (first reading).
This item was considered following Item No. 16.
ORDINANCE NO. 2002-00017
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION
26-11 PROVIDING FOR THE TAXATION OF LEASED MOTOR VEHICLES BY
RESCINDING THE DECISION TO IMPOSE SUCH TAX, OR, IN THE
ALTERNATIVE SUSPENDING THE COLLECTION OF THE TAX ON LEASED
MOTOR VEHICLES AS PROVIDED IN ORDINANCE NO. 2001-00094;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF
THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
For many years, automobiles leased for either business or personal
purposes have been subject to ad valorem taxation. Approximately two
sessions ago, the State of Texas authorized a vote on a constitutional
amendment which was designed (if successful) to rescind that tax. The
voters did approve that proposition. During the last session of the State
Legislature, enabling legislation was put into place, but a provision was
allowed which enabled cities to "opt out" of the arrangement. Those
cities that chose to opt out before December 31, 2001, would be able to
continue assessing the tax.
Hearing nothing from the automobile industry, and not having a
definitive estimate as to the amount of tax revenue that might be
impacted, the City staff brought to the Council an ordinance which
enabled us to continue assessing the tax. Since that time, staff has been
able to more closely identify the potential revenue losses and have
determined that they are not so great (approximately $50,000 per year)
that staff believes continued assessment of the tax is appropriate. It
appears to staff that continuing to assess the tax, where other adjacent
jurisdictions may not choose to do so, will simply have the impact of
hurting local businesses while producing no material gain for the City.
With that in mind, this ordinance has been prepared which will enable
the City to suspend collection of that tax so that our local dealers can
participate on an equal footing with other dealers in the State of Texas.
Staff recommended approval of first reading of this ordinance.
(19.) Ordinance No. 2002-00018 abandoning and closing a portion of 2❑d
Place lying South of and adjacent to Lot 1-A Kimbell Addition, a
portion of 3d Street lying south of and adjacent to Blocks 2 & 3, Liff
Sanders Addition, a portion of Avenue G lying East of and adjacent
to Lots 12-14, Block 1 and Lots 8-14, Block 2, Liff Sanders Addition,
a portion of Avenue F lying East of and adjacent to Block 3, Liff
Sanders Addition, the 20-foot alley lying East of and adjacent to Lots
1-3, Block 1, Liff Sanders Addition, the 20-foot alley lying East of
and adjacent to Lots 1-7, Block 2, Liff Sanders Addition, and the 20-
foot alley lying South of and adjacent to Lots 1-6, Block 3, Liff
Sanders Addition to the City of Lubbock ( 220 Avenue G) (first
reading).
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ORDINANCE NO. 2002-00018
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 2ND
PLACE LYING SOUTH OF AND ADJACENT TO LOT 1-A, KIMBELL ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, THAT PORTION
OF 3RD STREET LYING SOUTH OF AND ADJACENT TO BLOCKS 2 & 3, LIFF
SANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, THAT PORTION OF AVENUE "G" LYING EAST OF AND ADJACENT
TO LOTS 12-14, BLOCK 1, AND LOTS 8-14, BLOCK 2, LIFF SANDERS
ADDITION, THAT PORTION OF AVENUE `F' LYING EAST OF AND
— ADJACENT TO BLOCK 3, LIFF SANDERS ADDITION, THE 20 FOOT ALLEY
LYING EAST OF AND ADJACENT TO LOTS 1 - 3, BLOCK 1, LIFF SANDERS
ADDITION, THE 20 FOOT ALLEY LYING EAST OF AND ADJACENT TO LOTS
1-7, BLOCK 2, LIFF SANDERS ADDITION AND THE 20 FOOT ALLEY LYING
SOUTH OF AND ADJACENT TO SAID LOTS 1-6, 13LOCK 3, LIFF SANDERS
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.
All of these street and alley areas being abandoned and closed are for the
new Watson/Sysco food warehouse building and existing facilities
expansion replats. These street and alley areas are located east of Buddy
Holly Avenue, west of I-27, and north of 3`d Place. Total area being
closed is 127,134.7-square feet and these areas were appraised at $00.30
per square foot and $00.15 per square foot for a total value of
$28,605.30. Of these areas being closed, 109,914.7-square feet will
remain as an easement area for utilities, drainage, and/or garbage service
and result in a credit against the amount due. The remainder of the area,
17,220 square feet, will not be left as easement. The total amount due
the City for these closures will be $14,203.73. All utilities are in
agreement with these closures. It is possible that by the time the final
plat is ready and the ordinance is placed on the Council agenda for
second reading, the legal description of the areas being closed could
change slightly due to additional area being incorporated into the replat.
Staff recommended approval of first reading of this ordinance.
(20.) Resolution No. 2002-R0067 authorizing the Mayor to execute a
monitor well permit with the High Plains Underground Water
Conservation District for use of a City Street (1702 291h Street).
RESOLUTION NO. 2002-R0067
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Street Use License
and/or City Public Grounds Monitor Well Permit, with associated documents, between
the City of Lubbock and the High Plains Underground Water Conservation District.
Said agreements are attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 28th day of February, 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 L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of the Agreements is filed with Resolution NO. 2002-R0067.
This monitor well permit allows the Conservation District's engineering
firm, Arcadis, to drill a monitor well in the north right-of-way of 29`''
Street, just west of Avenue Q. The High Plains Underground Water
Conservation Office at the northwest corner of 30' and Avenue Q had an
underground leaking fuel tank and the TNRCC has requested that they
go off site with a monitor well to determine if or how far this fuel
contamination has spread and recommended by letter that a monitor well
be drilled at this location. This permit is for 20 years, payable every
five years in advance. All utilities are in agreement and the City will
receive $100 per year for this well location.
Staff recommended approval of this resolution.
(21.) Resolution No. 2002-R0068 authorizing the Mayor to execute a
partial release and cancellation of lease with Texas Tech University
for the Marsha Sharp Freeway (4th and University).
RESOLUTION NO. 2002-R0068
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 Partial Release and
Cancellation of Lease between the City of Lubbock and Texas Tech University, and
any other related documents. Said Release 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 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Ed Buc
Ed Bucy, Right -Of -Way Agent
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
- - Natural Resources Attorney
A copy of the Release is filed with Resolution No. 2002-R0068.
In April of 1981, the City of Lubbock and Texas Tech University
entered into a lease agreement for the widening of University Avenue
from 4' Street to 19' Street that expires in 2030. At the present time,
the Texas Department of Transportation (TxDOT) is in the process of
acquiring right-of-way from Texas Tech to construct the Marsha Sharp
Freeway. A title company requirement is to get a release of this lease
only as it pertains to a 0.50-acre portion of University Avenue at its
intersection with 4`' Street. This agreement cancels the 0.50-acre portion
and releases the City and Tech from any obligations under this lease.
Staff recommended approval of this resolution.
(22.) Resolution No. 2002-R0069 authorizing the Mayor to execute
Amendment #1 to the Local Transportation Project Advance
Funding Agreement with the Texas Department of Transportation
(TxDOT) for the 501h Street (from Slide Road to West Loop 289)
paving improvement project.
RESOLUTION NO. 2002-R0069
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment #1 to the Local
Transportation Project Advance Funding Agreement for ,Surface Transportation Urban
Mobility Rehabilitation (#CSJ: 0905-06-046) for 50`h Street between Loop 289 and
Slide Road between the City and the Texas Department of Transportation, a copy of
which Amendment #1 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.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, PE, City Engineer
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APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of Amendment #1 is filed with Resolution No. 2002-R0069.
The City of Lubbock executed an agreement with TxDOT on September
14, 2001 for a paving improvement project to widen/reconstruct 5W,
Street from Slide Road to West Loop 289. TxDOT will design,
construct and administer any consultant and construction contracts with
this project. Federal funding will be available for 80 % of the
construction cost on this project.
When the original agreement was prepared by TxDOT, they had
erroneously indicated in an attachment to the agreement that there would
be state participation in indirect costs of engineering and contingencies in
an estimated amount of $67,173.91. This was an error. There is no
state participation in the cost of this project. All funding is either from
federal funds or local (City of Lubbock) funds.
This amendment corrects this error. City staff was aware from the
beginning that there would be no state funding for this project. Even
though this amendment will increase the amount of City participation in
this project, it was anticipated to be a cost to the City, and a planned,
therefore budgeted, expense from the beginning of the project
development.
Staff recommended approval of this resolution
(23.) Resolution No. 2002-R0070 authorizing the Mayor to execute an
Interlocal Agreement with the City of Wolfforth, allowing the
utilization of the fire training facilities owned by the City of
Lubbock.
RESOLUTION NO. 2002-R0070
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Contract for
Use of Fire Department Training Facilities between the City of Lubbock and the City
of Wolforth, 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 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
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APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0070.
In 2001, the City of Wolfforth applied for training funds under the Fire
Act Grant, for the purpose of holding a certification academy for their
current and future fire fighters. This agreement will allow the City of
Wolfforth to utilize the fire training facilities owned by the City of
Lubbock to help accomplish their training goal. As the City of Wolfforth
Fire Department is an integral part of our mutual aid plan for fire
protection, this training will ultimately benefit the City of Lubbock as
well.
Staff recommended approval of this resolution
(24.) Resolution No. 2002-R0071 authorizing the Mayor to execute a
contract with Chedd-Angier to produce, develop and install multi-
media programming projects for the Silent Wings Museum.
RESOLUTION NO. 2002-R0071
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 Media Production
Agreement between the City of Lubbock Silent Wings Museum and The Chedd-Angier
Production Company, 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 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney - Office Practice
A copy of the Agreement is filed with Resolution No. 2002-R0071.
The Silent Wings Museum project is moving forward and is on schedule
for an October 19, 2002 Grand Opeiung. The City's original
commitment of $435,000 has leveraged approximately $1,765,000 into
the project from other sources, for a total project budget of $2,200,000.
The completion of the Silent Wings Museum, and other projects
currently underway, will result in a complete transformation of the west
side of Lubbock International Airport over the coming months.
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Inside the museum, the exhibit development process is well underway.
The static exhibits funded in the current museum budget are shown on
the attached progress drawing. The planned exhibits and interpretive
material will do an adequate job of telling the Silent Wings story.
However, budget restraints have kept us from including some of the
high-tech, interactive exhibits that would really make the museum
experience special. These projects will be added to the museum as
funding becomes available.
Among the high-tech projects, staff has identified three that would so
greatly enhance the educational experience that staff believes they should
be funded now, and installed prior to the opening of the museum.
Because they involve the use of "high-tech" components such as
computers, DVD projectors, and the Internet, staff is recommending that
they be funded out of the Technology Fund.
A detailed description of each project follows:
Reminiscences (2 Stations)
The Reminiscences program will present the "voices" of former glider
pilots recounting their experiences during the Second World War. Staff
anticipates six testimonials or personal accounts that will integrate with
historical film footage and panning of stills to create the six pieces that
will each run approximately three minutes.
Programming cost: $42,000
Hardware:
• 1 DVD player
• 1 NTSC Monitor
• 1 Trackball/Button
• 1 Parabolic Speaker
Hardware cost: $15,000
Installation for both stations: $ 3,000
Total cost: $60,000
Web Link (1 Station)
Web Link will allow museumgoers to visit six or seven selected websites
related to gliders, including the Silent Wings Museum Virtual Archives
and the Southwest Collection at Texas Tech University.
Programming cost: $ 8,000
Hardware:
• 1 Computer
• 1 Flat Panel Monitor (use of built-in speakers)
1 Trackball/button
Hardware cost: $ 7,000
Installation: $ 3,000
Total cost: $18,000
Main Theater Presentation
Format: 12-15 minute program in two -screen presentation
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This theater presentation will tell the compelling story of World War II
gliders and glider pilots emphasizing their role in the D-Day invasions of
Sicily, Normandy, Holland, the Battle of the Bulge, and the Rhine River
Crossing. The presentation will include newsreels, military documentary
footage, still images and recorded personal histories.
Programming cost: $39,000
Hardware:
• 2 Pioneer 7400 DVD players
• 2 Eiki LC-SM2 (or # Eiki LC-NB3W) projectors
• 1 Amplifier
• Speaker System
Hardware cost: $21,000
Installation: 4,000
Total cost: $64,000
The total cost for development and installation of all three multi -media
programming projects is $148,290. This amount includes a provision for
reimbursable expenses in an amount not to exceed $6,290. The projects
will be developed by Chedd-Angier, a world-renowned multi -media
production company. This company came to us through the
recommendation of HOK's E-Studio, the exhibit designer on the Silent
Wings Project. Chedd-Angier has over twenty years experience in
developing and producing documentaries. This company has won three
national Emmy Awards and the Dupont -Columbia Award for their films
and television series, and the AAM/Muse, Nebraska and IDEA awards
for their museum presentations. Their multi -media works are on display
in more than 100 museums and cultural centers around the world.
While these are "high-tech" projects, our research indicates that these
exhibits will have a long-term useful life. Staff believe that the
expenditure of technology funds for this purpose will give the community
a tremendous return on a moderate investment while greatly enhancing
the educational experience offered at the Silent Wings Museum.
Staff recommended award of contract to Chedd-Angier in the amount of
$148,290 to produce, develop, and install the exhibits described above.
Further, staff recommended that this contract be funded from the
Technology Fund.
(25.) Resolution No. 2002-R0072 authorizing the Mayor to make changes
to the City of Lubbock FY2001-02 Technology Fund Budget.
RESOLUTION NO. 2002-R0072
WHEREAS, Section 102.010 of the Local Government Code of the State of
Texas authorizes City Councils to make changes in budget for municipal purposes;
and
WHEREAS, in accordance with the City Budget Ordinance, the City Manager
is authorized to make transfers between funds, accounts, departments or programs for
City purposes: and
WHEREAS, the City Council deems it advisable to change the budget for
municipal purposes and reallocate funds as follows; NOW THEREFORE
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Page 136
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to make the following changes to the City of Lubbock Budget
for municipal purposes:
Expenditures in the Technology Fund will be changed to account for multi-
media exhibits at the Silent Wings Museum. The attached Exhibit A outlines
the specific changes.
SECTION 2. THAT a copy of the change made to the City of Lubbock
Budget pursuant to the Resolution shall be filed with the City Secretary and County
Clerk of Lubbock as required by law.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra B. Forte, Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2002-R0072.
The Silent Wings Museum project is moving forward and is on schedule
for an October 19, 2002 Grand Opening. The City's original
commitment of $435,000 has leveraged approximately $1,765,000 into
the project from other sources, for a total project budget of $2,200,000.
The completion of the Silent Wings Museum, and other projects
currently underway, will result in a complete transformation of the west
side of Lubbock International Airport over the coming months.
Among the high-tech projects being developed, staff has identified three
that would greatly enhance the educational experience and recommended
implementing prior to the opening of the museum. Because they involve
the use of "high-tech" components such as computers, DVD projectors,
and the internet, staff is recommending that they be funded out of the
Technology Fund.
The total cost for development and installation of all three multi -media
programming projects is $148,290. The projects will be developed by
Chedd-Angier, a world-renowned multi -media production company.
There will be no changes to the revenues in the Technology Fund,
however, expenditures will be increased by the $148,290, utilizing fund
balance.
Staff recommended approval of this resolution.
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(26.) Resolution No. 2002-R0073 to fund the Demolition of Substandard
Accessory Buildings project $30,000 in order to abate the presence of
certain substandard and dilapidated accessory buildings throughout
the City of Lubbock.
RESOLUTION NO. 2002-R0073
WHEREAS, the Business and Neighborhood Development Department (the
"Department") has identified a number of substandard and dilapidated accessory
structures throughout the City; and
WHEREAS, the existence of said substandard and dilapidated accessory
structures are a hazard to the health, safety and welfare of the citizens of Lubbock and
a blight on the neighborhoods of the City; and
WHEREAS, the Department has purposed a pilot program, called the
Demolition of Substandard Accessory Buildings project, whereby certain identified
substandard and dilapidated accessory building would be demolished with the
permission of said buildings' owners; and
WHEREAS, the City Council of the City of Lubbock desires that the above -
described pilot program be funded $30,000 in order to observe the effectiveness of said
pilot program; and
WHEREAS, the City Council of the City of Lubbock finds that the above -
described pilot program to be a public benefit to the citizens of the City of Lubbock in
that it abates the danger and blight conditions presented by the existence of said
buildings; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock resolves to fund the Demolition
-- of Substandard Accessory Buildings project $30,000 in order to abate the presence
certain of substandard and dilapidated accessory building throughout the City of
Lubbock. A detailed description of the Demolition of Substandard Accessory Buildings
project is attached hereto which is hereby incorporated in this Resolution as if fully set
forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included
in the minutes of the Council.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTION
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Business and Neighborhood
Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
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Page 138
A copy of the Demolition of Substandard Accessory Buildings Project is filed with
Resolution No. 2002-R0073.
City staff estimates 275-plus hazardous/dilapidated accessory buildings
exist in the city's residential community. These buildings are
non-residential structures and create blight in the neighborhood.
Staff recommended a pilot program that will demolish 50 substandard
accessory buildings during the next six months. The estimated total cost
of this program will be $30,000 for an average cost of $600 per
structure. The intent will be to allocate $30,000 from the demolition
account. The City would perform the service with the owner's
permission, at no cost to the property owner, and no liens filed against
the property. To implement this project, the Council will need to
identify the project as a public benefit to the community through a
resolution.
This program proposal has been reviewed by the Business and
Neighborhood Development staff as well as the Legal Department. The
Structural Standards Committee voted unanimously in support of this
project.
Staff recommended approval of this resolution.
(27.) Resolution No. 2002-R0074 authorizing the Mayor to accept a grant
for first -responder equipment from the Texas Engineering Extension
Service in the amount of $273,163.
RESOLUTION NO. 2002-R0074
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Memorandum of Understanding for
a Domestic Preparedness Equipment Grant of $273,163 from the Texas Engineering
Extension Service of the Texas A&M University System, and any associated
documents, a copy of which Memorandum of Understanding 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.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Management
Coordinator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
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Page 139
A copy of the Memorandum of Understanding is filed with Resolution No. 2002-
R0074.
The equipment purchased by TEEX under this grant was identified in the
City of Lubbock's Capability and Needs Assessment and is required to
improve the City's ability to respond to acts of terrorism/weapons of
mass destruction incidents. The personal protection, detection,
decontamination and communications equipment will provide law
enforcement, fire fighters, hazmat and lab technicians with the
equipment necessary to establish a communication system required for an
incident/unified command system, stabilize the scene, conduct search and
rescue missions, and complete the required lab test for identification of
agent(s) found. This equipment will be placed in the City's departmental
inventory and will be included in the appropriate replacement cycle;
therefore, future funding will be required to maintain the replacement
schedule.
Staff recommended approval of this resolution.
(28.) Resolution No. 2002-R0075 authorizing the Mayor to modify the
existing contract with the U.S. Department of Health and Human
Services to accept $200,000 for development of a Lubbock
Metropolitan Medical Response System.
RESOLUTION NO. 2002-R0075
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Modification No. 1 to a Contract
between the U.S. Department of Health and Human Services and the City of Lubbock
for the development of a Lubbock Metropolitan Medical Response System, and any
associated documents, a copy of which Modification No. 1 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.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken Olson
Ken Olson, Emergency Management
Coordinator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of Modification No. 1 is filed with Resolution No. 2002-R0075.
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Page 140
Under the existing contract, the City of Lubbock will be reimbursed a
total of $400,000 for the completion of deliverables 1 through 11. These
deliverables focus on the administration of the project, development of a
plan, provide training for first responders and the purchase of
pharmaceuticals and equipment required for response to a WMD
incident. Modification #1 to the contract will add deliverable #12, which
provides an additional $200,000 for the Acquisition of Pharmaceuticals,
Equipment and Continuation and Sustainment Planning Template. With
the additional funds, the total contract will be in the amount of $600,000.
Staff recommended approval of this resolution.
(29.) Resolution No. 2002-R0076 authorizing the Mayor to execute the
necessary contract document with Steve Teeters of St. Eligius Studio
for the total design, fabrication and installation of four equine
sculptures at Mackenzie Park.
RESOLUTION NO. 2002-R0076
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for construction of
sculptures of four running horses for display at Mackenzie Park and any associated
documents between the City of Lubbock and St. Eligius Studio of Lubbock, Texas, 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.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton, Community Projects
Manager
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-R0076.
In June 1999, the City Council adopted a feasibility study for the
completed development of the Jim Bertram Lake System (JBLS). The
plan includes the development of two additional lakes and bridge
crossings to complete a 6.5-mile contiguous lake system. In addition,
the plan includes recommendations for attractions, including public art,
throughout the system.
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Page 141
In FY 2000, $30,000 was earmarked for the initial public art project for
the JBLS. Since that time, staff has researched possible art projects
ranging from silhouettes to three-dimensional sculptures. In response to
the Council priority of developing the lake system and Mackenzie Park
as a major recreational area for visitors and citizens, it was decided to
place a dynamic art piece in Mackenzie Park. Steve Teeters, a local
artist, was selected for the project.
The Mackenzie Park equine sculptures will be depicted as wild mustangs
that were indigenous to this area after the Spanish explorers arrived in
the 1500's. Four running horses, slightly larger than life size, in one
grouping will consist of three adult horses and one colt. They will be
forged out of mild steel, welded and then coated with a liquid bronze.
Various patinas will be applied to create the paint horse look. The
bronze finish will allow for easy care and maintenance.
The amount for the total design, fabrication and installation of the four
equine sculptures will be $38,000. Three of the horses will be funded by
the original project while the fourth will be purchased from the Park
Amenities capital project.
The following payment schedule for this project has been set with Steve
Teeters.
25 % down to secure materials and to get started
25 % when first horse is completed
25 % when next 2 horses are completed
25 % when the last horse is completed
Each horse will require approximately three months to complete,
therefore, this group of equine sculptures will be completed within
twelve months. The four horses will be installed at Mackenzie Park near
the 4`' on Broadway Evening Concert location. The sculptures will be
visible from Broadway Avenue and will complement the existing
equestrian trail and the planned amphitheater in Mackenzie Park as well
as the American Windpower Center just south of the park.
Staff recommended approval of this resolution
(30.) Resolution No. 2002-R0077 authorizing the assignment by Lubbock
Reese Redevelopment Authority of the funds associated with and for
the purpose of conducting marketing activities in the Interlocal
Agreement dated September 24, 1998, by and between the City of
Lubbock and Lubbock Reese Redevelopment Authority to Market
Lubbock Economic Development Corporation.
RESOLUTION NO. 2002-R0077
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes for and on
behalf of the City of Lubbock the assignment by Lubbock Reese Redevelopment
Authority of the funds associated with and for the purpose of conducting marketing
activities in the Interlocal Agreement dated September 24, 1998, by and between the
City of Lubbock and Lubbock Reese Redevelopment Authority to Market Lubbock
Economic Development Corporation. Said Assignment is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Page 142
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra Forth, Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Assignment is filed with Resolution No. 2002-R0077.
During the 1998-99 budget considerations, the City Council approved a
request from the Lubbock Reese Redevelopment Authority (LRRA) for
$2,765,800 to assist with Reese redevelopment over the next five years.
The interlocal cooperative agreement included a schedule for payment of
funds, which began on October 1, 1998 and was scheduled to cease on
July 1, 2003. This interlocal agreement is filed with Resolution No.
6007.
As of November 2001, $1,875,105 had been paid to the LRRA, the first
three years in the five-year schedule for payment of funds. The final two
years of quarterly payments total $890,695. The purpose of this
resolution is to execute a new interlocal agreement authorizing
assignment of the funds associated with and for the purpose of
conducting marketing activities in an interlocal agreement between the
LRRA and the City of Lubbock to Market Lubbock, Inc.
The final two years of quarterly payments or $890,695 would be
assigned to Market Lubbock Inc. and would be utilized only for the
marketing of Reese Properties.
Staff recommended approval of this resolution.
(31.) Resolution No. 2002-R0078 authorizing the Mayor to make changes
to the City of Lubbock FY2001-02 Community Investment Fund
Budget.
RESOLUTION NO. 2002-R0078
WHEREAS, Section 102.010 of the Local Government Code of the State of
Texas authorizes City Councils to make changes in budget for municipal purposes; and
WHEREAS, in accordance with the City Budget Ordinance, the City Manager is
authorized to make transfers between funds, accounts, departments or programs for
City purposes: and
WHEREAS, the City Council deems it advisable to change the budget for
municipal purposes and reallocate funds as follows; and
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Page 143
WHEREAS, the City Council for the purposes of Economic Development
supports Market Lubbock Inc. in its efforts with the Lubbock Reese Redevelopment
Authority; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to make the following changes to the City of Lubbock Budget
for municipal purposes:
The budgeted Contribution to Reese in the Community Investment Fund will not
be made. A $456,285 transfer will be made from the Community Investment
Fund to the Economic Development Fund. Market Lubbock Inc. will increase
operating expenditures by $456,285 for the purposes of the Lubbock Reese
Redevelopment Authority.
SECTION 2. THAT Market Lubbock Inc. and Lubbock Reese Redevelopment
Authority will execute a contract to carry out the intent of this resolution. However, if
Market Lubbock Inc. and Lubbock Reese Redevelopment Authority do not execute
such contract then the above action will be null and void.
SECTION 3. THAT a copy of the change made to the City of Lubbock Budget
pursuant to the Resolution shall be filed with the City Secretary and County Clerk of
Lubbock as required by law.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte
Debra Forte, Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Change filed with Resolution No. 2002-R0078.
A change to the Community Investment Fund Budget will be necessary
upon approval of a resolution authorizing the Mayor to authorize
assignment of funds to Market Lubbock, Inc.
A resolution is being considered to execute a new interlocal agreement
authorizing assignment of the funds associated with and for the purpose
of conducting marketing activities in an interlocal agreement between the
Lubbock Reese Redevelopment Authority and the City of Lubbock to
Market Lubbock, Inc. The final two years of quarterly payments or
$890,695 would be assigned to Market Lubbock Inc. and would be
utilized only for the marketing of Reese Properties. This agenda item
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Page 144
adjusts FY 02, the balance of $434,410 will be corrected in FY 03 and
the long range planning documents.
Staff recommended approval of this resolution.
(32.) Consider the price and conditions of sale of Parcel Number
33500-20-8 at 1107 2°d Place, legally described as Lot 8, Block 20,
Guadalupe Addition in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to Pilar
Z. Benavidez and wife, Francisca A. Benavidez for $4,500 for the
development of a parking lot for the adjacent business, La Malinche
Tortilla Factory at 1105 2" Place. On December 20, 2001, the Zoning
Board of Adjustment voted to allow this commercial parking
development in this residential district with the requirement of
landscaping on the west edge of this vacant lot.
The Urban Renewal Board of Commissioners approved the proposed sale
on October 16, 2001 subject to the Zoning Board of Adjustment's
approval of a special exception variance to allow a parking lot, which
was granted.
Staff recommended approval of this resolution.
(33.) Consider approval of a bond reduction on West Lee Harrison Unit
Well No. 31, 34 and 36 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 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.
Drilling has been completed.
Staff recommended approval of this resolution.
(34.) Resolution No. 2002-R0079/RFP #293-01/RW4or Long Distance
Service (Information Technology).
RESOLUTION NO. 2002-R0079
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 long
distance telephone service, by and between the City of Lubbock and NTS
Communications, Inc., 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 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 145
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning_by Leslie Cox
Sharlett Chowning
Director of Information Technology
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0079.
This contract is for long distance service for the City of Lubbock. The
City of Lubbock received one bid, from the current vendor for long
distance service.
The respondent was ranked as follows:
NTS Communications of Lubbock, TX
Proposals will be evaluated based upon the information supplied in the
proposals. The following weights will be assigned to the following
evaluation criteria. The criteria will be grouped into percentage factors:
• 35 % —Ability to address the specifications.
• 30 % —Vendor Qualifications and Support Staff.
• 35 % —Total Proposed Cost
The two vendors currently under the DIR- State contract were reviewed.
The rates for the same services overall were higher than the bids
proposed from NTS Communications.
The contract amount is based on the amount of long distance serviced
utilized by the City of Lubbock employees and is within the
Telecommunications Department budget. The contract represents
approximately $45,000 annually.
Staff recommended approval of this resolution.
(35.) Resolution No. 2002-R0080/BID #306-01/BM-for Alternate Daily
Cover for Lubbock Landfill -Six Month Pricing (Solid Waste
Disposal).
RESOLUTION NO. 2002-R0080
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 Purchase Order per Bid
#306-01/BM for an alternate daily cover for Lubbock Landfill - six month pricing, by
and between the City of Lubbock and New Waste Concepts, Inc. of Erie, Michigan,
and related documents. Said Purchase 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.
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Page 146
Passed by the City Council this 28th day of February, 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 Purchase Order is filed with Resolution No. 2002-R0080.
This bid establishes annual pricing for daily cover material for the West
Texas Regional Disposal Facility. The material consists of a fiber and
paper that is mixed with water in a tank and sprayed onto the work face
of the landfill on a daily basis. Using a fiber/paper mixture instead of
using soil reduces the amount of air space and consequently extends the
life of the landfill.
Bid evaluation includes the cost of material to cover 16,000 square feet
of landfill workface four days per week for six months. The lowest
evaluated bid is $35,419.42 from New Waste Concepts, Inc. of Erie,
Michigan and is within the Chemical Supplies budget.
(35.) Resolution No. 2002-R0081/BID #002-02/RS-for Botanical Supplies
(Park Maintenance).
RESOLUTION NO. 2002-R0081
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 Purchase Order per Bid
#002-02/RS for botanical supplies, by and between the City of Lubbock and Miller
Nursery & Tree Company of Stephenville, Texas, and related documents. Said
Purchase 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 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 147
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 Purchase Order is filed with Resolution No. 2002-R0081.
This bid is for material and labor to reinforce and enhance the Regis
Street and Martin Luther King Jr. Blvd. Corridor for the purpose of
developing a beautified parkway as an area of entry and development.
The project will create a sense of visual linkage of the airport with
Interstate Highway 27. Bids were accepted on January 22, 2002, for
trees that will be planted as part of the Airport Corridor Landscape
Improvement. Bids were awarded to the low bidder for each of two
varieties of trees that will be used on the corridor.
The low bids are from the following companies:
Miller Nursery & Tree Company of Stephenville, Texas
$30,098
John Deere Landscapes of Lubbock, Texas $14,800
The low bids total $44,898 and are within the System Capital Outlay -
Regis Corridor Enhancement Project budget.
(36.) Resolution No. 2002-R0082/BID #018-02/13M4or Column Supported
Aluminum Roof (Water Utilities).
RESOLUTION NO. 2002-R0082
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 column
supported aluminum roof, by and between the City of Lubbock and Temcor of
Gardena, California, 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 28th day of February, 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
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Page 148
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-R0082.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of February, 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 Temcor, of the City of Gardena, County of Los Angeles, and the State
of California, 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 #018-02/BM - Column Supported Aluminum Roof - $512,000.00
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
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Temcor
By: /s/ C. A. Tourville
PRINTED NAME: C. A. Tourville
TITLE: President
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Page 149
ATTEST:
Corporate Secretary
/s/
COMPLETE ADDRESS:
Temcor
150 W. Walnut St., Suite 150
Gardena, California 90248
This bid includes the construction of a rectangular column supported
aluminum roof at the Water Treatment Plant. The TNRCC has required
the City of Lubbock to replace the existing flat concrete roof at this
water storage reservoir because the age and condition of the concrete
allows infiltration of water through the roof.
The low bid is $512,000 from Temcor of Gardena, California and is
within the Capital Improvement Project Pump Station Rehabilitation
budget.
(37.) Resolution No. 2002-R0083/BID #025-02/RS-f-or 2002 Secondary
Streets Maintenance Program (,Street Department).
RESOLUTION NO. 2002-R0083
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 2002
secondary streets maintenance program, by and between the City of Lubbock and Lone
Star Dirt & Paving Contracting, Ltd. 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 28th day of February, 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-R0083.
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Page 150
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of February, 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 Lone Star Dirt & Paving Contracting, LTD. 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 #025-02/RS - 2002 Secondary Streets Maintenance Program - $696,081.20
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/ Don Jennings
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lone Star Dirt & Paving Contracting, LTD.
By: /s/ Wesley Sanders
PRINTED NAME: Wesley Sanders
TITLE: Partner/CEO
COMPLETE ADDRESS:
Lone Star Dirt & Paving Contracting,
LTD.
11820 University Avenue
Lubbock, Texas 79423
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Page 151
This bid is for the 2002 Secondary Streets Maintenance Program to
provide patching, single course seal coat (preventive maintenance), and
two -course seal coat (rehabilitative maintenance) on residential collector
streets and residential streets throughout the City. The funding comes
from the Permanent Street Maintenance Fund. The Secondary Streets
Maintenance Program is necessary to repair damaged and deteriorated
streets throughout the City.
The low bid is $696,081.20 from Lone Star Dirt & Paving Contracting,
Ltd. of Lubbock, Texas and is within the System Capital Outlay -Street
System Improvement budget.
(38.) Resolution No. 2002-110084/13ID #026-02/RS-for 2002 Primary
Streets Maintenance Program (Street Department).
RESOLUTION NO. 2002-R0084
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 2002
primary streets maintenance program, by and between the City of Lubbock and Lone
Star Dirt & Paving Contracting, Ltd. 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 28th day of February, 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-R0084.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of February, 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 Lone Star Dirt & Paving Contracting, LTD. of the City of Lubbock,
County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
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February 28, 2002
Page 152
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 #026-02/RS - 2002 Secondary Streets Maintenance Program - $857,176.24
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/ Don Jennings
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lone Star Dirt & Paving Contracting, LTD.
By: /s/ Wesley Sanders
PRINTED NAME: Wesley Sanders
TITLE: Partner/CEO
COMPLETE ADDRESS:
Lone Star Dirt & Paving Contracting,
LTD.
11820 University Avenue
Lubbock, Texas 79423
This bid is for the 2002 Primary Streets Maintenance Program to provide
patching and seal coat operations on major thoroughfares and
industrial/collector streets throughout the City. The funding comes from
the Permanent Street Maintenance Fund. The Maintenance Program is
necessary to repair damaged streets and alleys throughout the City.
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Page 153
The low bid is $857,176.24 from Lone Starr Dirt & Paving Contracting,
Ltd. of Lubbock, Texas and is within the System Capital Outlay -Street
System Improvements budget.
(40.) Resolution No. 2002-R0085/BIDS #028-02/RS4or Fleet Services Ridge
Vent Replacement (Facilities Management).
RESOLUTION NO. 2002-R0085
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 fleet
services ridge vent replacement, by and between the City of Lubbock and Lydick
Hooks Roofing Company 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 28th day of February, 2002.
/S/ `]VINDY 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/ John M. Kniizht
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0085.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of February, 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 Lydick -Hooks Roofing Company of Lubbock, 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 #028-02/RS - Fleet Services Ridge Vent Replacement - $35,935.00
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,
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Page 154
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/ George Lisenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Rita Thorp
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lydick -Hooks Roofing Company of
Lubbock, Inc..
By: /s/ Larry Meador
PRINTED NAME: Larry Meador
TITLE: Vice -President
COMPLETE ADDRESS:
Lydick -Hooks Roofing Company of
Lubbock, Inc..
P. O. Box 2605
Lubbock, Texas 79408
This bid includes the installation of a new ridge vent along the top of the
roof at Fleet Services. The original ridge vent was removed due to leaks
and because it was not operating properly. The office areas of Fleet
Services and Sanitation will be properly sealed and ventilation fans will
be installed in each furnace of the facility. The project will eliminate
carbon monoxide build-up throughout the Garage.
The low bid is $35,935 from Lydick -Hooks Roofing Company of
Lubbock, Inc. of Lubbock, Texas and is within the System Capital
Outlay -Fleet Services Ventilation budget.
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. 13.
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Page 155
PUBLIC HEARINGS
ZONING
(41.) Ordinance No. 2002-00019/ZONE CASE No. 2159-A (4002 North
Loop 289): Hold a public hearing to consider request of Commercial
Property Services, Benny Nixon (for United AF Management,
L.L.C. and/or Assigns) for a zone change from IDP and C-4 to A-2
on an unplatted 15-acre tract of land out of Section 18, Block A.
This item was considered following Item No. 17.
ORDINANCE NO. 2002-00019
AN O RDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2159-A; A ZONING CHANGE FROM IDP AND C-4
TO A-2 ZONING ON AN UNPLATTED 15-ACRE TRACT OF LAND OUT OF
SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. m.
The proposal is for development of an apartment community offering
income assisted rental units. Since the project has federal tax credits
associated with it, the developer is required to provide rental rates based
on income of eligible tenants, but the project is a private enterprise.
Adjacent land uses:
North
- vacant
South
- vacant and Loop 289
East -
vacant
West -
vacant
The proposal will require a minor change to the Comprehensive Land
Use Plan. The current targeted land use for the area between North
Quaker, Loop 289 and the Clovis Highway is industrial park, only a
portion of which has been actually developed in the area north toward
the Clovis Highway. As an enclosed community, adjacent future
development of heavy commercial or IDP should not be a deficit to
operation of the project. In all reality, additional residential may develop
in the area to the west if the market will not support the targeted IDP
indicated by the current Plan.
Other than the minor change to the Plan, the project will meet all zoning
policies. The Planning Commission recommendation includes a minor
CLUP change.
While access is initially limited to ingress and egress from the Loop
service road, that is a condition recognized and accepted by the
developer. Future development to the north and west may provide
additional access. The project should not have a negative effect on the
thoroughfare system.
The Planning Commission recommended approval of the request.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
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February 28, 2002
Page 156
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00019 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
42.) Ordinance No. 2002-00020-ZONE CASE NO. 2931 (north of
Auburn Street and east of Dover Avenue): Hold a public hearing to
consider request of Royce Jiminez (for Light of the World Christian
Center) for a zone change from R-1 to A-2 limited to church and
church related uses on unplatted 5.147-acre and 9.716-acre tracts of
land out of Section 1, Block JS.
ORDINANCE NO. 2002-00020
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2931; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON AN
UNPLATTED 5.147-ACRE AND 9.716-ACRE TRACTS OF LAND OUT OF
SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. in.
The proposed use of the property would be for a church.
Adjacent land uses:
North - vacant
South - residential and a future park site
East - vacant
West - vacant
The proposal is not entirely consistent with the Comprehensive Land Use
Plan policy in that church development is contemplated on the perimeter
of neighborhoods, or adjacent to thoroughfares, so that the traffic
coming to the church is not a disruption in the adjacent residential areas.
This area will be a little different than most interior locations. A
proposed park site is east and south of the zone case site. The park site
is north of an LISD elementary site that is yet to be built. To the south
of the school site is Buckner Children's Home. The area to the east
remains zoned residential. Thus, the area will not be as heavily single
family as most parcels located in the center of a square mile. Non-
residential traffic is sometimes an issue with church development in the
core of a residential area.
The Planning Commission recommended the request with a condition:
A-2 limited to church and church related uses.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00020 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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Page 157
(43.) Ordinance No. 2002-00021 - ZONE CASE NO. 2932 (1602 441'
Street): Hold a public hearing to consider request of Reverend Dale
Bostic (for Faith Tabernacle) for a zone change from R-1 to A-2
limited to church and church related uses on an unplatted 0.43-acre
tract of land out of Section 10, Block B.
ORDINANCE NO. 2002-00021
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2932; A ZONING CHANGE FROM R-1 TO A-2
LIMITED TO CHURCH AND CHURCH RELATED USES ZONING ON AN
UNPLATTED 0.43-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK B,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. m.
The proposal would provide for church expansion for the existing
congregation across the street.
Adjacent land uses:
North
- single family residential
South
- zoned R-3, high density residential
East -
single family
West -
zoned A-2
While the proposal does not expressly fit the Comprehensive Land Use
Plan policy for church location, the adjacent church is existing and needs
the room for extra parking. The fact that various land uses exist in the
area is evident.
The project will be consistent with zoning policy when developed. Being
one block east of Avenue Q, with Avenue P adjoining, growth of the
small church should have no noticeable effect on the thoroughfare
system.
The Planning Commission recommended the request with a condition:
A-2 limited to church and church related uses.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00021 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(44.) Ordinance No. 2002-00022 - ZONE CASE NO. 2255-J (5802 641h
Street): Hold a public hearing to consider request of Jay G. Shinn,
PSC, Inc., (for University Medical Center) for a zone change from
GO to GO Specific Use for an EMS station on the west half of Lot 4,
Spur 327.
ORDINANCE NO. 2002-00022
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2255-J; A ZONING CHANGE FROM GO TO GO
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Page 158
SPECIFIC USE ZONING FOR AN EMS STATION ON THE WEST HALF OF LOT
4, SPUR 327, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. in.
The proposal is an EMS satellite station for two wagons and crew
quarters.
Adjacent land uses:
North - vacant, zoned garden office
South - commercial
East - vacant, zoned garden office
West - vacant, zoned commercial
The proposal is consistent with the Comprehensive Land Use Plan.
Regarding zoning policy, the Specific Use District has "public use for
any use by local, county, state or federal government". The hospital
district operates the EMS system.
The proposal should have no negative effect on the thoroughfare system.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00022 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(45.) Ordinance No. 2002-00023 - ZONE CASE NO. 2916-A (7423 and
7427 82"d Street): Hold a public hearing to consider request of Finis
and Ann Wright for a zone change from IHC to IHC Specific Use for
mini -warehouses and contractor spaces on Lots 5 and 6, West 82"d
Commercial Park.
ORDINANCE NO. 2002-00023
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2916-A; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE ZONING FOR MINI -WAREHOUSES AND CONTRACTOR
SPACES ON LOTS 5 AND 6, WEST 82ND COMMERCIAL PARK, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. in.
This request follows a large zone case from several months ago with a
request to allow a new structure that will be used for storage as mini -
warehouse units or spaces used by contractors for a shop and storage.
The critical part of the request is that the architectural decorative IHC
guidelines are proposed for the front of the buildings by Mr. Wright,
who is a long-time Lubbock brick contractor.
Adjacent land uses are commercial or light industrial in all directions.
The proposal is consistent with the Comprehensive Land Use Plan and
zoning policies. The project should have no effect on the thoroughfare
system.
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Page 159
The site plan indicates use of crushed material in the work area between
the two rows of buildings. The fagade will be brick with windows and
doors toward 82"d Street. The overhead doors will face east and west
within the compound.
The Planning Commission recommended approval of the request.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00023 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(46.) Ordinance No. 2002-00024 - ZONE CASE NO. 1947-E (north of 32"1
Street and west of Frankford Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Carlos
Rhea) for a zone change from A-1 to AM on an unplatted 3-acre
tract of land out of Section 44, Block AK.
ORDINANCE NO. 2002-00024
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1947-E; A ZONING CHANGE
FROM A-1 TO AM ZONING ON AN UNPLATTED 3-ACRE TRACT OF LAND
OUT OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. in.
The request is for a personal care facility.
Adjacent land uses:
North
- apartments
South
- vacant
East -
Frankford and LCU property
West -
apartments
The proposal is consistent with both Comprehensive Land Use Plan and
zoning policies. The project will not have a negative effect on the
thoroughfare plan.
The Planning Commission recommended approval of the request.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00024 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(47•) Ordinance No. 2002-00025 - ZONE CASE NO. 1490-Q (4801 South
Loop 289): Hold a public hearing to consider request of John
Hubbard (for VoiceStream Wireless) for a zone change from C-4 to
C-4 Specific Use for a 180-foot telecommunications tower on a 1,600
square foot tract of land out of Lot 4, Fiesta Autoland Center.
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ORDINANCE NO. 2002-00025
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1490-Q; A ZONING CHANGE
FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FOOT
TELECOMMUNICATIONS TOWER ON A 1,600 SQUARE FOOT TRACT OF
LAND OUT OF LOT 4, FIESTA AUTOLAND CENTER, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:10 a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:11 a. in.
The request will accommodate a monopole cellular tower. The proposed
location is on the west edge of the Pioneer Mercury car dealership.
Adjacent land use is commercial in all directions.
Prior to the hearing the proponent has agreed to move the tower 205 feet
north from the south boundary of the parcel. This will be about half way
between the alley on the south and the Loop. That distance is well over
the fall radius to the residential development south of the alley.
The proponent has submitted verification that the two adjacent tower
locations are fully loaded. This tower will be constructed to handle
multiple users, providing additional space in this cell/PCS congested part
of Lubbock.
One response expressed concern for falling ice, which will be limited by
the cell company use of a streamlined antenna. No citizens spoke during
the hearing.
The Planning Commission recommended approval of the request.
Randy Henson, Senior Planner, presented staff comments.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00025 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered is Item No. 54.
11:15 A.M. SPECIAL
(48.) Hold a public hearing to consider a resolution approving the
Community Development Service Board's recommendation for the
reallocation of 2001 CDBG grant funds.
This item was considered following Item No. 55.
Mayor Sitton opened the public hearing at 11:20 a. in. Nancy Haney,
Community Development Manager, appeared on behalf of the
reallocation of grant funds. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:23 a. m.
(49.) Resolution No. 2002-R0088 approving the Community Development
Service Board's recommendation for the reallocation of 2001 CDBG
grant funds and all related documents.
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Page 161
RESOLUTION NO. 2002-R0088
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts the
recommendations for the reallocation of 2001 CDBG grant funds, by the Community
Development Board and all related documents. Said recommendations are 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 28th day of February, 2002.
/S/ WINDY" SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the recommendations is filed with Resolution No. 2002-R0088
On February 13, 2002 The Community Development Services Board met
to discuss the reallocation of $75,000 in unspent 2001 CDBG funds.
The CDSB reviewed project applications from Spring 2001 that were
either not funded or under -funded, as well as considered new projects
recommended by staff. After much discussion, the Board voted
unanimously to approve the following funding recommendations:
Parkway Guadalupe Neighborhood Centers Renovation $10,000
North University Facade $35,000
Community Recreation Survey $30,000
11:21 A.M. Councilmember Cooke left the dais.
Staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Morrison to pass Resolution No. 2002-R0088 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Next item to be considered was Item No. 51.
11:30 A.M. Councilmember Cooke returned to the dais.
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(50.) Ordinance No. 2002-00029 a public hearing to consider an ordinance
designating and describing the boundaries of the North Overton Tax
Increment Financing Reinvestment Zone of Lubbock, Texas;
establishing the duration of the zone; establishing a tax increment
fund; and establishing a board of directors for the tax increment
financing reinvestment zone (first reading).
This item was considered following Item No. 53.
ORDINANCE NO. 2002-00029
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES
OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE
NORTH OVERTON AREA OF LUBBOCK, TEXAS; ESTABLISHING THE
DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND
ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT
FINANCING REINVESTMENT ZONE.
Mayor Sitton opened the public hearing at 11:31 a. in. Senator Robert
Duncan spoke in favor of the captioned matter.
11:31 A.M. Councilmember Nelson left the dais.
Craig Farmer, Managing Director of Planning, and Larry Cline of
Schrader and Cline, the City's TIF consultants, presented the results of
the study conducted for a North Overton District Tax Increment Finance
District. The Council was briefed on the proposed TIF at the December
13 Council meeting and authorized the staff to proceed with the TIF
study at that time.
Donna Clark, Lubbock County District Attorney's Civil Division,
requested clarification on the cumulative captured tax value reduced to
$159m from Mr. Farmer.
Mary McClurg, property owner in the Overton District, asked if zoning
could be changed without the property owner's approval. Randy
Henson, Senior Planner, stated that in this project if the owner doesn't
sell, the developer is not going to request rezoning of that property until
they control the property.
Amelia Casanova, another property owner, wanted to know if she had to
sell her property. She was told she did not have to. Also, she
mentioned the properties needed to be cleaned up when the buildings
were torn down or moved.
Mayor Sitton closed the hearing at 12:32 p. in.
According to Texas Tax Code Section 311, the City Council must hold a
public hearing before considering an ordinance to establish a Tax
Increment Finance District (TIF) for the Lubbock Central Business
District. Any interested party is permitted to speak at the public hearing,
and staff anticipate that representatives from other taxing jurisdictions,
CenterCorp and other organizations will appear on behalf of this
ordinance.
Under the provisions of the Texas Tax Code Section 311.005, the City
Council may, by Ordinance, designate a contiguous area within the city
as a reinvestment zone for tax increment financing purposes. Special
provisions apply to a zone initiated by a petition of the property owners
as this one was. Mandatory provisions of the ordinance must include the
following, which are addressed in the body of the ordinance:
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A description of the boundaries of the zone with sufficient detail
to identify the territory within the zone. The ordinance does not,
however, have to identify specific parcels of real property. A
written boundary description and a map of the district are
included in the ordinance.
a
b. A designation of the board of directors for the zone and an
indication of the number of directors of the board. The statute
stipulates that the board for a petition initiated TIF will be nine
members. Each school district and county levying taxes and
participating in the TIF zone may name a representative to the
board as well, though they can waive that right. Since LISD
cannot participate, only Lubbock County will appoint a member
if they choose to be a part of the TIF. Other members required
by statute include the State Senator and State Representative for
the zone or their designees. Therefore Senator Duncan and
Representative Jones will appoint members. This leaves six
members to be appointed by City Council. According to the
statute, the members appointed by the Council must be at least 18
years of age and owners of real property in the TIF zone or
employees or agents of someone who owns property in the zone.
C. A provision that the zone will take effect on January 1, 2002, the
year in which the ordinance is adopted.
d. An indication of the date for termination of the zone. Staff are
proposing a 30-year duration of the district, so the expiration date
will be December 31, 2031.
e. The name of the zone, which will be North Overton Tax
Increment Financing Investment Zone, as provided under Tax
Code Section 311.004(5).
f. A provision establishing a tax increment fund for the zone.
g. A finding that development of the area would not occur in the
foreseeable future solely through private investment.
h. Findings that the improvements within the zone will significantly
enhance the value of the taxable property within the zone and will
be of general benefit to the city and that the area meets the
criteria for designation of a reinvestment zone under the Tax
Code Section 311.005.
As required by statute, staff have also briefed each of the governing
bodies of the taxing jurisdictions about this proposal. These jurisdictions
are Lubbock County, Lubbock Independent School District, Lubbock
County Hospital District and the High Plains Underground Water
Conservation District. Additionally, CenterCorp, Market Lubbock,
Inc., and the Lubbock Chamber of Commerce have heard presentations
and voted to support the TIF proposal.
Additional meetings have been held with an ad -hoc committee of
representatives of the other jurisdictions levying taxes in this area. At
these meetings, the project plan, district boundaries, and feasibility
analysis and financing plan that are included in the ordinance being
considered have been reviewed and analyzed. The documents included
in this packet are the ones recommended by this committee at its
February 20, 2002 meeting.
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However, the TIF board that will be appointed if the TIF is established
will review the proposals made by the ad -hoc committee and may make
adjustments before the final project and financing plans are approved by
the Council later this spring.
After the TIF is established, staff will negotiate agreements between the
City and the other jurisdictions that levy taxes in the zone. Among other
items, the agreements will set the percentage of participation in the TIF
by those jurisdictions.
With the concurrence of the representatives of the other jurisdictions
levying taxes within the proposed zone, staff recommended creation of
the TIF district as outlined in the ordinance. The ordinance contains the
financing plan, project plan and proposed boundary as recommended by
the ad -hoc committee of other taxing jurisdictions.
12:02 P.M. Councilmember Nelson returned to the dais.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2002-
00029 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmembers Hernandez and McDougal recused themselves.
Next item to be considered was Item No. 56.
ADMINISTRATIVE SERVICES
FINANCE
(51.) Ordinance No. 2002-00026 authorizing the issuance of $9,400,000
"City of Lubbock, Texas, General Obligation Bonds, Series 2002"
and all necessary documents related to the issuance (first and final
reading).
This item was considered following Item No. 49.
ORDINANCE NO. 2002-00026
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 2002"; specifying the terms and features
of said bonds; levying a continuing direct annual ad valorem tax for the payment of said
bonds; and resolving other matters incident and related to the issuance, sale, payment
and delivery of said bonds, including the approval of a Paying Agent/Registrar
Agreement the approval and distribution of an Official Statement pertaining thereto; and
providing an effective date.
On January 10, 2002, City Council approved the first step in the
issuance process. Resolution #2002-R0002, dated January 10, 2002 was
to approve and authorize publication of Notice of Sale with respect to the
issuance of the General Obligation Bonds.
Senate Bill 1759 of the 77`h Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section
1201.028(3) allowing the authorization of a public security with only one
reading of the ordinance. Therefore, this will be the only reading of this
ordinance that authorizes the issuance of these bonds.
At the time of sale, the bonds will be sold competitively. Bidders will be
able to place bids via the Internet, phone, fax and mail. The bids will be
accepted until 11:00 a.m. and then they will be verified and the lowest
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bid will be identified. The results of those bids will be presented in the
City Council meeting at approximately 11:30 a.m.
City Council will be asked to approve the recommendation for the lowest
bidder, meeting specifications, and approve the bond ordinance and all
necessary documents related to the issuance..
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright
& Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle
presented information concerning the bonds.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass on first and final reading of Ordinance
No. 2002-00026 as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
(52.) Ordinance No. 2002-00027 authorizing the issuance of $6,450,000
"City of Lubbock, Texas, Tax & Waterworks System Surplus
Revenue Certificates of Obligation, Series 2002" and all necessary
documents related to the issuance (first and final reading).
ORDINANCE NO. 2002-00027
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK,
TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2002"; specifying the terms and features
of said certificates; providing for the payment of said certificates of obligation by the
levy of an ad valorem tax upon all taxable property within the City and a lien on and
pledge of the net revenues from the operation of the City's Waterworks System; and
resolving other matters incident and related to the issuance, sale, security, payment and
delivery of said certificates, including the approval of a Paying Agent/Registrar
Agreement and the approval and distribution of an Official Statement pertaining thereto;
and providing an effective date.
On January 10, 2002, City Council approved the first step in the
issuance process. Resolution #2002-R0003, dated January 10, 2002 was
to approve and authorize publication of Notice of Intent to Issue and
Notice of Sale with respect to the issuance of the Certificates of
Obligation.
Senate Bill 1759 of the 77`' Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section
1201.028(3) allowing the authorization of a public security with only one
reading of the ordinance. Therefore, this will be the only reading of this
ordinance that authorizes the issuance of these bonds.
At the time of sale, the bonds will be sold competitively. Bidders will be
able to place bids via the Internet, phone, fax and mail. The bids will be
accepted until 11:00 a.m. and then they will be verified and the lowest
bid will be identified. The results of those bids will be presented in the
City Council meeting at approximately 11:30 a.m.
City Council will be asked to approve the recommendation for the lowest
bidder, meeting specifications, and approve the bond ordinance and all
necessary documents related to the issuance.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
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Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright
& Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle
presented information concerning the certificates of obligation.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass on first and final reading of Ordinance
No. 2002-00027 as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
(53.) Ordinance No. 2002-00028 authorizing the issuance of $1,545,000
"City of Lubbock, Texas, Tax & Sewer System Surplus Revenue
Certificates of Obligation, Series 2002" and all necessary documents
related to the issuance (first and final reading).
ORDINANCE NO. 2002-00028
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK,
TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2002"; specifying the terms and features of said certificates;
providing for the payment of said certificates of obligation by the levy of an ad valorem
tax upon all taxable property within the City and a lien on and pledge of the net
revenues from the operation of the City's Sewer System; and resolving other matters
incident and related to the issuance, sale, security, payment and delivery of said
certificates, including the approval of a Paying Agent/Registrar Agreement and the
approval and distribution of an Official Statement pertaining thereto; and providing an
effective date.
On January 10, 2002, City Council approved the first step in the
issuance process. Resolution #2002-R0004, dated January 10, 2002 was
to approve and authorize publication of Notice of Intent to Issue and
Notice of Sale with respect to the issuance of the Certificates of
Obligation.
Senate Bill 1759 of the 77' Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section
1201.028(3) allowing the authorization of a public security with only one
reading of the ordinance. Therefore, this will be the only reading of this
ordinance that authorizes the issuance of these bonds.
At the time of sale, the bonds will be sold competitively. Bidders will be
able to place bids via the Internet, phone, fax and mail. The bids will be
accepted until 11:00 a.m. and then they will be verified and the lowest
bid will be identified. The results of those bids will be presented in the
City Council meeting at approximately 11:30 a.m.
City Council will be asked to approve the recommendation for the lowest
bidder, meeting specifications, and approve the bond ordinance and all
necessary documents related to the issuance.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
Beverly Hodges, Director of Finance, introduced Ed Esquivel, Fulbright
& Jaworski and Vince Vialle, First Southwest Company. Mr. Vialle
presented information concerning the certificates of obligation.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass on first and final reading of Ordinance
No. 2002-00028 as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
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Next item to be considered was Item No. 50.
DEVELOPMENT SERVICES
BUSINESS DEVELOPMENT
(54.) Resolution No. 2002-R0086 giving Notice of Intent to enter into a tax
abatement agreement with Watson Sysco Food Service, Inc.
This item was considered following Item No. 47.
RESOLUTION NO. 2002-R0086
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 and all
related documents by and between the City of Lubbock and Watson Sysco Food
Service, Inc., attached hereto and which shall be spread upon the minutes of the council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of February, 2002.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2002-R0086.
The City of Lubbock received an application for industrial tax abatement
from Watson Sysco Food Services, Inc. to expand their existing facility
at 714 2" Place in the North Enterprise Zone.
The project for Watson Sysco consists of the construction of a 76,000
square foot freezer/cooler/produce addition across the street from the
existing facility at 711 2' Place, to facilitate expansion and growth. The
expected investment in the facility is $5.9 million. In addition to the real
property improvements, Watson Sysco will be investing $1,592,000 in
additional equipment.
Watson Sysco has 207 employees at the present time with a payroll of
$8.7 million. Due to the expansion, an additional 100 jobs will be
created within three years with a payroll of $3.4 million. Forty-five of
the new jobs will be at the Lubbock facility and the remainder of the new
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Page 168
jobs will be sales people and others that will be located outside of the
Lubbock facility.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum of $500,000 investment in real estate improvements for an
existing company or 20 new jobs or $1 million in tangible personal
property investment.
Market Lubbock considered this application at its February 13, 2002
Board Meeting and has recommended a 10 year, declining scale tax
abatement (example: ls` year 100%; 2°d year 90%, etc.) for the project.
The abatement amount for the City of Lubbock is approximately:
Year 1
100%
$42,704
Year 2
90%
$38,434
Year 3
80 %
$34,164
Year 4
70%
$29,893
Year 5
60 %
$25,623
Year 6
50%
$21,352
Year 7
40%
$17,082
Year 8
30%
$12,811
Year 9
20%
$ 8,541
Year 10
10 %
$ 4,270
The estimated total city abatement over the life of the contract is
$234,874. The estimated total county abatement over the life of the
contract would be $123,227.
The project will add $7.5 million in new value to the tax base in the
North Enterprise Zone. Under the current guidelines, Watson Sysco
Food Service, Inc. is eligible and meets all the criteria for tax abatement.
David Sharp, Market Lubbock, Inc., presented staff comments.
Staff recommends approval of this resolution
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 2002-R0086 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
RIGHT-OF-WAY
(55.) Resolution No. 2002-R0087 authorizing the Mayor to execute a
street -use license with The Work Link, Inc. for an aerial stairway
and landing (1701 Buddy Holly Avenue).
RESOLUTION NO. 2002-R0087
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Street Use License with associated
documents with The Work Link, Inc. for an aerial stairway and landing. Said
agreements are attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Page 169
Passed by the City Council this 28th day of February, 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/Office Practice
A copy of the agreements is filed with Resolution No. 2002-R0087.
Ron Mercer of The Work Link, Inc. owns the property at 1701 and 1703
Buddy Holly Avenue. He desires to install an outside exit stairway in
the south right-of-way of 17`' street, just east of Buddy Holly Avenue
from the 2°1 floor of the building to street level. This exit is for fire and
emergency purposes. The area to be utilized by this license is 4-feet
wide by 30-feet long. To permit him to do this, the City will issue him
this 20-year street -use license. The charge for this license will be $50
per year that is the street -use license minimum fee and it will be payable
every 5 years in advance, or $250.
Ed Bucy, Right -of -Way Agent, presented staff comments and
recommended approval of this resolution.
Ron Mercer stated that The Work Link, Inc. is an outreach center for
ministerial opportunities, i.e. college, youth and family. They provide
music and also allow the youth groups to bring their own entertainment.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass Resolution No. 2002-R0087 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 49.
WATER UTILITIES
(56.) Consider authorizing the Mayor to execute a resolution and order
ordering and adjudging the water rates to be charged by Franklin
Water Service Company as requested by Franklin Water Service
Company by Notice of Proposed Rate Change filed with the City of
Lubbock on or about August 1, 2001.
This item was considered following Item No. 50.
During the public hearing on December 13, 2001, evidence was
presented by Franklin Water Supply that a water increase was necessary
to allow them to come close to breaking even the expenses of operating
their water system. Blue Sky residents presented evidence that service
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Page 170
insufficiencies existed with Franklin; but offered no evidence that the
rate increase was not reasonable. The expert rate consultant for City
Council testified that the rate increase is reasonable.
The City of Lubbock has exclusive original jurisdiction over the matter
of rate setting pursuant to Chapter 13 of the Texas Water Code and was
required in this instance to hold a public hearing to determine that the
rates requested by Franklin to be charged to the residents of the Blue Sky
Addition are reasonable.
Richard Burdine, Assistant City Manager, presented staff comments.
Staff recommended that (1) the City Council approve the rate increase;
(2) the City recover the expense incurred in the engagement of the
consultant; and (3) Franklin Water Supply recover said expenses over a
24 month period, through its rates, with four percent interest.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass Resolution No. 2002-R0089 approving
the rate increase request to be effective September 1, 2001 or date
company has changed rate increase, whichever is later.
(57.) Consider two appointments to the Building Board of Appeals.
Motion was made by Councilmember Morrison, seconded by
Councilmember McDougal to appoint Larry Harvey and to reappoint Art
Cuevas to Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays.
(58.) Consider one appointment to the Culture and Arts Commission.
Motion was made by Councilmember Morrison, seconded by
Councilmember McDougal to appoint Jim Douglass to the Culture and
Arts Commission. Motion carried: 7 Yeas, 0 Nays.
12:45 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION
3:45 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
McDougal adjourned the meeting.
Read and approved this �`►"� day of ciflE
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
Rebe a Garza, City Secretary
170