HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/1997CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 10,1997
8:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the loth
day of April 1997, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 8:00 A.M.
Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember
T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince,
Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita
Burgess, and City Secretary Kaythie Darnell.
Absent: Mayor Pro Tem Alex Cooke
8:00 A.M. CITY COUNCIL CONVENES
City Council Chambers, 1625 13th Street, Lubbock, Texas
Mayor Sitton stated the Council would be holding an Executive
session, in accordance with the V.T.C.A. Government Code,
Section 551.074(a)(1) to discuss personal matters (City Manager
and City Secretary); pending or contemplated litigation (Planning
Department and Water Utilities); and to deliberate the purchase,
exchange, lease, or value of land acquisition (Culture & Leisure
Services and Electric Utilities).
8:05 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
(1.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074 (a)(1), to discuss personnel
matters (City Manager and City Secretary).
(2.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.071 to discuss pending or
contemplated litigation (Planning Department and Water
Utilities).
(3.) 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 land acquisition (Culture &
Leisure Services and Electric Utilities).
9:40 A.M. WORK SESSION CONVENES
Committee Room 103
(4.) Discuss regular agenda items
(5.) Discuss Community Development Week activities.
This item was deleted from the agenda.
(6.) Discuss legislative issues.
City Council Minutes
April 10, 1997
Page 184
10:49 A.M. CITY COUNCIL REGULAR MEETING RECONVENES
City Council Chambers
Mayor Sitton called the meeting to order at 10:49 A.M.
(7•) The Invocation was given by Bishop Sam Hulsey, Episcopal
Diocese of Northwest Texas.
(g•) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
BOARD RECOGNITION
There were no board recognitions to be made.
CITIZEN COMMENTS
Shirley Christian, President of the Lubbock Chamber of
Commerce, came forward to the microphone. Ms. Christian spoke
of the huge success of Lubbock Day in Austin; 450 folks were in
attendance including Speaker of the House Pete Laney.
Representative Rob Junell, Carol Isett, Delwin Jones, and Senator
Robert Duncan.
Councilmember Neugebauer noted that he had been advised that
the Stubbs Reception was the reception of the year for Austin.
Mayor Sitton noted that newspaper articles reflect that citizens are
not coming together, but that such folks as Shirley Christian and
Chancellor Montford are actively trying to correct the perception.
Councilmember Ince noted that he wanted to publicly compliment
Congressman Combest and his staff for the excellent support that
they provide to our community.
Councilmember Nelson presented his top 10 reasons to say yes to
Lubbock: LP&L; underground water acquifer; Tony Battie;
beneficial bills in Austin; orchestra LSO; cotton ginners;
Kalescope; Ya'll Come Back; environmental awareness; and
SPAG.
Mayor Sitton commented as to her enjoyment with the 1,500
square dancers that came together in Lubbock.
CITIZEN APPEARANCES
(9.) Presentation of a Proclamation to Doug Goodman, Managing
Director of Health and Community Services, declaring April 7-
11, 1997 as Community Development Week.
City Council Minutes
April 10, 1997
Page 185
Doug Goodman, Managing Director for Health and Community
Services, will accept this Proclamation. Since 1975, the
Community Development Block Grant Program has operated to
provide local governments with the resources required to meet the
needs of persons with low to moderate income. These funds are
used by thousands of neighborhood based non-profit organizations
throughout the nation to address pressing neighborhood and human
service needs. The City of Lubbock has demonstrated the capacity
to administer and customize the CDBG program to identify and
resolve local problems, such as affordable housing, neighborhood
and human service needs, and job creation. The CDBG Program
has a significant impact on our local economies through job
creation and retention, physical redevelopment and improved local
tax bases.
(10.) Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve the minutes of the
March 27, 1997 Regular City Council Meeting as written.
Motion carried: 6 Yeas, 0 Nays.
(11.) Ordinance No. 9980--Zone Case No. 1893-U (North of 4th
Street and west of Frankford Avenue): Request of Ken Flagg
(for McDougal Construction) for zoning change from C-3 to A-
2 with A-1 development standards for apartments on 6.490
acres of land out of Section 2, Block J-5.
ORDINANCE NO.9980
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-U; A ZONING CHANGE FROM C-3 TO A-2
ZONING WITH A-1 DEVELOPMENT STANDARDS FOR APARTMENTS ON 6.490
ACRES OF LAND OUT OF SECTION 2, BLOCK J-5, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9980 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
(12.) Ordinance No. 9981--Zone Case No. 2318-B (South of 66th
Street and west of Frankford Avenue): Request of Ken Flagg
(for McDougal Construction) for zoning change from C-2 and
R-1 to A-1 on 5.086 tract of land out of Section 29, Block A-K.
ORDINANCE NO.9981
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2318-13; A ZONING CHANGE FROM C-2 AND R-1
TO A-1 ZONING ON 5.086 TRACT OF LAND OUT OF SECTION 29, BLOCK A-K,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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City Council Minutes
April 10, 1997
Page 186
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9981 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
(13.) Ordinance No. 9982--Zone Case No. 2790 (West of Fulton
Avenue and south of 4th Street): Request of Rick Betenbough
for zoning change from R-1 to R-1 Specific Use for garden
homes on a portion of land out of Section 9, Block J-5.
ORDINANCE NO. 9982
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2790; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A POTION OF LAND OUT OF
SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9982 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
(14.) Ordinance No. 9983--Zone Case No. 2791 (South of 90th Street
and east of Elgin Avenue): Request of Rick Betenbough for
zoning change from R-1 to R-1 Specific Use for garden homes
on a portion of land out of Section 13, Block E-2.
ORDINANCE NO.9983
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2791; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON A PORTION OF LAND OUT
OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass on second and final reading
Ordinance No. 9983 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
(15.) Consider Resolution No. 5454 authorizing the submission to
the Texas Natural Resource Conservation Commission
(TNRCC) of a permit application to construct and operate a
Solid Waste Transfer Station.
City Council Minutes
April 10, 1997
Page 187
RESOLUTION NO. 5454
WHEREAS, the City of Lubbock deems it necessary and proper to apply for a
permit to construct and operate a municipal solid waste landfill transfer station in
accordance with Texas Natural Resource Conservation Commission, TAX 30, Chapter
330; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock as the Signatory Agent of the Applicant,
or the successor of said Agent, is hereby authorized and directed to make application for
the registration of said transfer station and to sign the application as well as any other
documents required to complete the project on behalf of the above named applicant.
Passed by the City Council this 1 Oth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Copies of the Applicant's Statement and Site Development Plan are filed with Resolution
5454.
The City of Lubbock's new landfill is located 19 miles north of the
existing landfill. An economic analysis has shown that the most
cost-effective way of transporting solid waste to the new landfill is
through the use of a transfer station. A permit from the TNRCC is
required to construct and operate a transfer station. Approval of
this resolution would authorize the submission of a permit
application. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5454 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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City Council Minutes
April 10, 1997
Page 188
(16.) Consider an ordinance abandoning and closing a portion of
66th Street and a portion of Genoa Avenue located in Section
29, Block AK, Lubbock County, (6610 Genoa Avenue).
ORDINANCE NO.9984
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH
STREET LOCATED IN SECTION 29, BLOCK AK, LUBBOCK COUNTY, TEXAS,
AND A PORTION OF GENOA AVENUE LOCATED IN SECTION 29, BLOCK AK,
LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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.
This ordinance abandons and closes a 25,213 square foot portion of
Genoa Avenue which runs between 66th Street and 67th Street,
west of Frankford Avenue. This avenue is being closed for replat
purposes. The proponent of this closure is Truett Craft, the
original dedicator of the avenue. According to our closure
ordinance, the original dedicator of a street area will not be charged
for the street area since they originally dedicated it to the City.
This ordinance also closes a 1,893 square foot portion of 66th
Street, just west of Frankford Avenue for replat purposes. 66th
Street was originally dedicated as an 80-foot wide street.
However, 66th is now designated as a 64-foot wide collector street,
and staff have 8 feet of excess street dedication on the south side of
66th Street and the north side which is being closed as the
properties develop along 66th Street. The proponent of this street
area will be charged for this area being closed at $1.00 per square
foot taken from adjacent property values. The amount due the City
will be 1,893 sq. ft x $1.00 per sq. ft. = $1,893.
The Right -of -Way Department recommended the first reading of
this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass on first reading Ordinance No.
9984 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(17.) Consider Resolution No. 5455 authorizing the Mayor to
execute Change Order No. 1 to the contract with Lydick -Hooks
Roofing Company of Lubbock, Inc. for the Civic Center roof
replacement.
RESOLUTION NO. 5455
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock Change Order No. 1 to a
contract by and between the City and Lydick -Hooks Roofing Company of Lubbock, Inc.
for Civic Center Roof Replacement, Phase II, 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.
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City Council Minutes
April 10, 1997
Page 189
Passed by the City Council this 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Somma
Carolyn Somma, Director of
Culture/Leisure Services
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First
Assistant City Attorney
A copy of Change Order No. 1 is filed with Resolution 5455.
During Phase I of the Roof Replacement project, it was discovered
that the majority of the deck throughout the structure was
deteriorated and needed replacement. This discovery occurred once
construction had begun and resulted in a change in the scope of
work to replace the deck in the most critical areas during the first
phase. Funds were then approved for Phase II to complete the
remainder of the roof replacement. Due to the problems
encountered with the deck in the majority of the areas during Phase
I, the specifications for Phase II included the replacement of all
deck in the remaining areas. The specifications also included a
unit cost price for deck replacement. This would allow for a
deduction in the contract price for any gypsum deck found to be in
sound condition with no replacement needed.
Phase II of the roof replacement project was awarded to the lowest
bidder, Lydick -Hooks Roofing Company of Lubbock, Inc. in the
amount of $831,998. The unit price cost for gypsum deck was
$3.80 per square foot. This amount would be used to determine a
deduction in the contract price when the gypsum deck was not
replaced in the specified areas. Once all the roofing materials were
removed on the theater roof and the deck exposed, it was
determined that 21,124 square feet of gypsum deck did not require
replacement. These findings resulted in the submittal of the
proposed Change Order No. 1 in the amount of $80,271.20. This
reduces the amount of the contract by this amount.
The proposed Change Order No. 1 in the amount of $80,217.20 is
the result of gypsum deck material not required for replacement
during the execution of the Civic Center Roof Replacement Phase
II project. This amount will be deducted from the contract price of
City Council Minutes
April 10, 1997
Page190
$831,998, making the new contract price $751,726.80. Staff
recommended that Change Order No. 1 submitted by Lydick -
Hooks Roofing Company of Lubbock, Inc. be approved.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5455 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays
(18.) Consider the price and condition of sale of Parcel Numbers
85430-2-17 & 18 at 209-11 Avenue L in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to
Spectrum Construction, Inc.; Gary Patton, President, for $800
($400/per lot). The property is to be redeveloped with a new 1,600
square foot single-family residence valued at $60,000. The land is
properly zoned.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on March 25, 1997. Staff recommended approval
of the sale.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to authorize the sale of the parcels as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(19.) Consider Resolution No. 5456 authorizing the Mayor to
execute an agreement between the City of Lubbock and
Broadway Festivals, Inc. to provide funding from Community
Development Block Grant funds for the 4th Corps Youth
Program.
RESOLUTION NO.5456
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the
City of Lubbock and Broadway Festivals, Inc. to provide funding from Community
Development Block Grant funds for the 4th Corps youth program. 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.
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City Council Minutes
April 10, 1997
Page 191
Passed by the City Council this 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
of Health and Community Services
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Community Development Funding Agreement is filed with Resolution
5456.
Funding for this agreement was approved by City Council at the
July 11, 1996 City Council meeting. These funds were allocated to
Broadway Festivals from the 1996-97 Community Development
Block Grant funds in the amount of $10,000. These funds are to be
utilized to cover program participation costs for up to twenty low
to moderate income youths. The program is a two week training
session that gives the participants a chance to learn new job skills,
and stresses the importance of a good work ethic, discipline, and
pride in one's work.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5456 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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City Council Minutes
April 10, 1997
Page192
(20.) Consider Resolution No. 5457 authorizing the Mayor to
execute an agreement an agreement and all related documents
with the South Plains Association of Governments (SPAG) to
assist senior citizens.
RESOLUTION NO. 5457
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 between South
Plains Association of Governments and the City of Lubbock for senior citizen services,
and any associated documents, 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 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus Somma
Carolyn Aliamus Somma, Director
of Culture/Leisure Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Senior Citizens Services Contract is filed with Resolution 5457.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5457 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(21.) Consider Resolution No. 5458 authorizing the Mayor to
execute an agreement and all related documents with the South
Plains Association of Governments (SPAG) as related to
SPAG's distribution of funds from the United States
Department of Agriculture.
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City Council Minutes
April 10, 1997
Page 193
RESOLUTION NO. 5458
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for Cash
Payment in Lieu of Donated Commodities between South Plains Association of
Governments and the City of Lubbock, and any associated documents, 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 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Carolyn Aliamus Somma
Carolyn Aliamus Somma, Director
of Culture/Leisure Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Cash Payment Agreement is filed with Resolution 5458.
The City of Lubbock has contracted with the South Plains
Association of Governments (SPAG) for the past 17 years to
provide services for Lubbock's senior citizen population. SPAG
serves as the agency that monitors and distributes federal funds
from the Texas Department on Aging (TDOA), and the United
States Department of Agriculture (USDA). These two resolutions
permit the Mayor to execute documents related to the
reimbursement of federal funds for the City of Lubbock's senior
citizen congregate meal and transportation programs. The City of
Lubbock does not provide a direct financial subsidy for the senior
citizen congregate meal program.
The City of Lubbock Senior Citizen Program targets any citizen 60
years or older and provides a hot meal, transportation, recreation,
and social activities. The agreement with SPAG for the 1996-97
Fiscal Year reimburses the City for providing congregate meal and
transportation services. In addition to meal and transportation
reimbursement, the SPAG grant pays for supplies and 20 hours of
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City Council Minutes
April 10, 1997
Page 194
salary each week for the four part time employees who provide
meal service at four of the congregate meal sites.
The reimbursement rates are as follows:
Meals $1.31 per meal (Texas Department on Aging)
$ .58 per meal (USDA)
(Hot meals are served five days a week at all six congregate meal
sites.)
Transportation $1.04 per unit of service
(Transportation service is provided at all three full-time senior
citizen center sites.)
The total estimated revenue to the City of Lubbock from the SPAG
grant, based on an estimated 80,000 meals served, is as follows:
Texas Department on Aging $105,000
Transportation 13,500
USDA 46,400
164 900
This contract between SPAG and the City of Lubbock is for fiscal
year October 1996 through September 1997. The City of Lubbock
received the initial draft of the contract from SPAG in December
1996. The City of Lubbock Legal Department reviewed the
contract and approved minor changes in the contract's language
with staff at SPAG. SPAG has reimbursed the City of Lubbock for
senior meal and transportation service during this interim period.
Staff recommended the City Council approve these agreements as
the funding assists in meeting the needs of Lubbock's senior
citizen population and enhances the services offered by the City of
Lubbock.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5458 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(22.) Bid #97010--Janitorial Paper Supplies - Six Month Pricing
(Central Warehouse).
Dixon Paper Company of Lubbock, Texas $26,033.29
National Sanitary Supply
Company of Lubbock, Texas 7,466.79
Gulf Coast Paper of Lubbock, Texas 4,009.27
Mayfield Paper Company of Lubbock, Texas 48.00
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
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April 10, 1997
Page 195
(23.) Bid #97015 - Video Camera Monitoring System, and authorize
same (Water Reclamation)
RESOLUTION NO.5459
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract with Lubbock
Audio Visual of Lubbock, Texas, to install and furnish all materials and services as bid
for the Video Camera Monitoring System, attached hereto, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 1 Oth day of April 1997.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ WINDY SITTON
WINDY SITTON, MAYOR
THIS AGREEMENT, made and entered into this 10th day of April, 1997, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Lubbock Audio Visual, 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 #97015 - VIDEO CAMERA MONITORING SYSTEM - $29,800.00
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Page 196
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Connie Johnson
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lubbock Audio Visual
By: /s/ Stan Wagnon
PRINTED NAME: Stan Wagnon
TITLE: President
COMPLETE ADDRESS:
Lubbock Audio Visual
2120 Avenue Q
Lubbock, Texas 79405
Lubbock Audio Visual of Lubbock, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve Resolution No. 5459 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(24.) Bid 497023--Refuse & Recycling Containers - Annual Pricing
(Solid Waste).
Caprock Welding & Supply of Lubbock --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
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Page 197
(25.) Bid #97050--Paratransit Vans (Citibus)
Lasseter Bus Company, Inc. of Dallas, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(26.) Bid #9705 1 --Refurbishing Sideloading & Frontloading
Containers - Annual Pricing (Solid Waste)
Caprock Welding & Supply of Lubbock, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(27.) Bid #97053--Ammonia & Chlorinating Facility, and authorize
same (Water Utilities Engineering)
RESOLUTION NO. 5460
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract with Red River
Construction Company, of Plano, Texas, to install and furnish all materials and services
as bid for the Ammonia & Chlorinating Facilities at Sandhills Water Well Production,
attached hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this loth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
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Page 198
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 10th day of April, 1997, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Red River Construction Company, of the City of Plano, County of Collin, 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 #97053 - AMMONIA & CHLORINATING FACILITIES AT SANDHILLS
WATER WELL PRODUCTION - $939,900.00
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.
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Page 199
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
/s/ Kaythie Darnell MAYOR
Secretary
APPROVED AS TO CONTENT:
/s/ Mike Murphy CONTRACTOR:
Owner's Representative
Red River Construction Company
APPROVED AS TO FORM:
By: /s/ Dean Porter
/s/ Don Vandiver
City Attorney PRINTED NAME: Dean Porter
TITLE: Chairman
ATTEST: COMPLETE ADDRESS:
Corporate Secretary Red River Construction Company
1506 Capital Avenue, Suite 200
/s/ Vicki A. M. Porter Plano, Texas 75075
Red River Construction Company of Plano, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve Resolution No. 5460 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(28•) Bid #97057--Underground Service Cable (Central Warehouse).
Techline, Inc. of Amarillo, Texas $153,360
Priester Supply Company, Inc.
of Amarillo, Texas 70,896
Wesco Distribution of Amarillo, Texas 65,106
Temple, Inc. of Lubbock, Texas 9,860
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas;
0 Nays.
(29•) Bid #97062--Frankford Avenue & Maxey Park Drainage
Improvements, and authorize same (Street Drainage
Engineering).
RESOLUTION NO 5461
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract with Hub City
Pavers, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for
the Frankford Avenue & Maxey Park Drainage Improvements, attached hereto, which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
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Page 200
Passed by the City Council this 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this loth day of April, 1997, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Hub City Pavers, 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 #97062 - FRANKFORD AVENUE AND MAXEY PARK DRAINAGE
IMPROVEMENT - $68,205.75
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.
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Page 201
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
Diana G. Rodriguez
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Hub City Pavers, Inc.
By: /s/ Glen A. Sarten
PRINTED NAME: Glen A. Sarten
TITLE: President
COMPLETE ADDRESS:
Hub City Pavers, Inc.
4214 50th Street, Suite B
Lubbock, Texas 79413
Hub City Pavers, Inc. of Lubbock, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve Resolution No. 5461 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(30.) Bid #97074 - ACM Abatement at LP&L Plant #2, and
authorize same (Facilities Management).
RESOLUTION NO.5462
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract with Vanco
Insulation Abatement, Inc., of Midland, Texas, to install and furnish all materials and
services as bid for the ACM Abatement at LP&L Plant #2, attached hereto, which shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
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Page 202
Passed by the City Council this 1 Oth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this loth day of April, 1997, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER,
and Vanco Insulation Abatement, Inc., of the City of Midland, County of Midland, 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 #97074 - ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2 - $51,478.00
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 continence 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.
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April 10, 1997
Page 203
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ George Lisenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ Harold Willard
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Vanco Insulation Abatement, Inc.
By: /s/ Coy Crow
PRINTED NAME: Coy Crow
TITLE: President
COMPLETE ADDRESS:
Vanco Insulation Abatement, Inc.
5804 So. Fin. Rd. 1788
Midland, Texas 79706
Vanco Insulation Abatement, Inc. of Midland, Texas
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve Resolution No. 5462 as
recommended by staff. Motion carried: 6 Yeas; 0 Nays.
(31.) Bid #97075--SDR 26 PVC Pipe (Water Utilities).
Watermaster Irrigation Supply, Inc. of Lubbock, Texas
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(32•) Bid #97078--80,000 LB GCW Truck Tractor (Fleet Services).
Bruckner's Truck Sales, Inc. of Lubbock, Texas --Total Bid
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas; 0
Nays.
(33) Bid #97087--LM 2500 Jet Engine Bearings (Electric
Production).
Stewart & Stevenson Technical Services, Inc. of Houston, Texas --
Total Bid
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Page 204
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to approve low bids meeting
specifications as recommended by staff. Motion carried: 6 Yeas, 0
Nays.
(34.) Consider Resolution No. 5463 authorizing the Mayor to
execute an agreement with the Texas Department of
Transportation regarding the East/West Freeway which
clarifies current ownership of the railroad and the percentage
of reimbursement of eligible costs for which the State is
responsible.
RESOLUTION NO. 5463
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 with the Texas
Department of Transportation entitled "Second Modification Agreement for the
Relocation of a Portion of the Seagraves, Whiteface, and Lubbock Railroad for
Construction of a Controlled Access Highway Facility in the City of Lubbock, Texas"
which is attached hereto and incorporated herein as if fully set forth, and which shall be
included in the minutes of this Council.
Passed by the City Council this 1 Oth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales,
Supervising Attorney
A copy of the Second Modification Agreement is filed with Resolution No. 5463.
In January, 1991, the Council approved the execution of "An
Agreement for the Relocation of a Portion of the Seagraves,
Whiteface and Lubbock Railroad for Construction of a Controlled
Access Highway Facility in the City of Lubbock" which sets out
the responsibilities of the City and the Texas Department of
Transportation in regard to the improvement of a 6.8 mile segment
of the East-West Freeway from South Loop 289 (SW) northeast
and east to a crossing with Interstate Highway 27, the acquisition
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City Council Minutes
April 10, 1997
Page 205
of a portion of the right of way, and the relocation of related
trackage and facilities of the Seagraves, Whiteface, and Lubbock
Railroad as part of the construction of the East-West Freeway. At
that time the total cost estimate for the relocation was $10,800,000,
of which the State was to pay 90 per cent and the City was to pay
10 per cent up to that figure.
The agreement was amended in June, 1991, to more definitely
provide for reimbursement of eligible costs and to identify who
would perform the various actions necessary to effect the
relocation. The cap for State reimbursement remained, however, at
90 per cent of the estimated $10,800,000.
Current estimates place the probable construction costs in excess of
18 million dollars in spite of attempts by both City and State staffs
to find alternatives that would reduce these costs. A State Task
Force on this subject has reviewed the alternatives and
recommended that the Department of Transportation remove the
cap on reimbursement of eligible costs from the City/State
agreement so that the State agrees to pay 90 per cent of all eligible
costs incurred by the City in effecting the relocation. This
recommendation is reflected in the modification of the agreement.
Ownership of the railroad has also changed since the 1991
agreements. The railroad formerly owned and operated by the
Seagraves, Whiteface, and Lubbock Railroad Corporation is now
owned and operated by the West Texas and Lubbock Railroad.
This change is also reflected in the "Second Modification
Agreement for the Relocation of a Portion of the Seagraves,
Whiteface, and Lubbock Railroad for Construction of a Controlled
Access Highway Facility in the City of Lubbock, Texas."
For the reasons stated above, staff recommended that the City
Council approve this resolution authorizing the Mayor to execute
the modification agreement.
Jim Bertram, staff, presented information for the East-West
Freeway project. Councilmember Neugebauer questioned the
matching funds from the City of Lubbock. Bertram answered that
the City had set the dollars aside in the reserves. Bertram
estimated over 10 years, $8,000,000.00. Mayor Sitton ask the date
that this project started. Bertram responded 1989.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass Resolution No. 5463 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(35.) Consider Resolution No. 5464 authorizing the Mayor to
execute a Parking Concession Agreement with APCOA, Inc. to
operate the parking lot at the airport.
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April 10, 1997
Page 206
RESOLUTION NO.5464
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 Parking Concession
Agreement with APCOA, Inc., attached hereto and which Agreement shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Automobile Parking Concession Contract is filed with Resolution 5464.
Last year, the Department of Aviation evaluated the efficiency of
the commercial parking lot operation at Lubbock International
Airport. A comparison to similar operations at other airports
showed that LIA's parking lot generates far less revenue per
enplaned passenger than most, and delivers a lower -than -average
level of service to the airport's parking customer.
As a part of the evaluation, the potential benefits of subcontracting
the operation to a private sector company were studied. A test was
devised to estimate the revenue stream that would have been
generated during the past two years under such an arrangement.
Because of market similarities and an almost identical parking fee
structure, a private sector management contract currently in place
at the Amarillo airport was used as a benchmark.
The test revealed that a private sector management scenario at LIA
in 1995 and 1996 would have produced net revenue levels at least
15 percent higher than what was actually realized in those periods.
Further, the study showed that a private sector management
scenario would have resulted in lower overhead and personnel
costs, and thus would have allowed for the provision of a higher
level of customer service. The study clearly demonstrated the need
for change.
1:
City Council Minutes
April 10, 1997
Page 207
The RFP Process
In February, a request for proposals for the parking operation was
issued. To ensure that all respondents were competing on an even
basis, a contract detailing the terms of the agreement and the
expected level of service was attached to and made a part of the
RFP (see Exhibit 1). The agreement specified a five year initial
term with a five year option subject to the approval of both parties.
Capital maintenance and O&M responsibilities were established in
accordance with industry standards and were incorporated into the
contract. Also included were specific performance measures for
customer service such as a limitations on waiting times at the toll
plazas and minimum coverage requirements for the shuttle
operation.
Five companies responded, each of them with experience and a
nation-wide presence in the parking industry. The companies were
asked to propose a fee structure that would require them to pay a
minimum annual guarantee fee or a percentage of gross revenues,
whichever is greater, in each of the five years of the initial term of
the contract. The proposed minimums and percentage fees for
each company are shown in Exhibit 2.
A staff RFP review committee concluded that, from a financial
standpoint, the APCOA proposal would be the most advantageous
for the City. APCOA's proposed minimum annual guarantee and
percentage fees far exceed those offered in the other proposals.
The total dollar value of APCOA's proposal for the initial five year
term of the agreement topped the nearest competitor's offer by
$1,309,000 (see Exhibit 2). In the first year alone, the APCOA
agreement would generate 19 percent more income than was
generated in the previous year by the current parking operation
(1996 net revenue of $1,008,833 vs. APCOA's $1,200,000
minimum guarantee).
In addition to financial considerations, the review committee
evaluated other factors such as the experience level of the proposer,
the company's financial strength, and its commitment to customer
service. The committee unanimously concluded that APCOA was
the best qualified in these areas as well.
Based on the proposed revenue to the City and the company's
outstanding qualifications, the review committee unanimously
recommended awarding the contract for the airport parking
operation to APCOA. The Airport Board concurs with the staff s
findings and also recommended approval of the agreement.
David Jones, staff, presented information in the private contract for
the parking at Lubbock International Airport.
Motion was made by Councilmember Nelson, seconded by
T Councilmember Patterson to pass Resolution No. 5464 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmember Ince stepped away from the dais.
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Page 208
(36.) Consider Resolution No. 5465 authorizing the Mayor to
execute a contract with Lubbock Arts Alliance for an economic
impact study.
RESOLUTION NO. 5465
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 Cooperative Agreement,
attached herewith, by and between the City of Lubbock and Lubbock Arts Alliance, Inc.,
and any associated documents, which Agreement shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 1 Oth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra B. Forte
Debra B. Fortd, First Assistant
City Manager
APPROVED AS TO FORM:
/s/
City Attorney
A copy of the Cooperative Agreement is filed with Resolution 5465.
Lubbock Arts Alliance is requesting funds in the amount of $1,850
to conduct an economic impact study. The economic impact study
would survey the level of impact that the arts and related
organizations, businesses, and programs are having on the
Lubbock economy.
Cost for the economic impact study is estimated to be $3,700.
Request from the City of Lubbock is $1,850. The funding source
is hotel/motel taxes.
Staff recommended that the City of Lubbock provide funding to
the Lubbock Arts Alliance to conduct an economic impact study to
find the level of impact that the arts are having on the Lubbock
economy.
Chris Wallace presented information for the Arts Festival.
City Council Minutes
April 10, 1997
Page 209
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass Resolution No. 5465 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays
(36A.) Consider Resolution No. 5466 establishing City of Lubbock
position on potential electric utility deregulation.
RESOLUTION NO. 5466
WHEREAS, the Legislature is considering legislation to deregulate the electric
utility industry in Texas; and
WHEREAS, the City of Lubbock owns and operates its own electric utility
system, Lubbock Power & Light; and
WHEREAS, Lubbock Power & Light serves over 61 per cent of the electric
customers within the City of Lubbock in an already competitive environment; and
WHEREAS, the City Council of the City of Lubbock should maintain local
control over electrical utility services provided to the citizens of the City of Lubbock to
ensure fair treatment of consumers; preservation of the quality, cost and reliability of
electrical service; and protection of the investment of Lubbock's citizens in a home
owned electric utility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, and the Electric Utility
Board of the City of Lubbock, Texas, hereby urge the Legislature of the State of Texas to
ensure that any legislation to deregulate the retail electric utility industry recognize that
several municipalities own and operate electric utility systems in direct competition with
investor owned electric utilities and electric cooperatives; and
THAT electric services in and for such municipalities are locally controlled,
electric rates and policies are set by city councils and local citizen utility boards; and
THAT the City of Lubbock should to maintain local control over electric utility
services provided to citizens of the City of Lubbock to ensure fair treatment of
consumers, preservation of the quality, cost and reliability of electrical service and
protection of the investment of the citizens of the City of Lubbock in a home owned
utility; and
THAT the ability of municipally owned utilities to compete in a deregulated
market not be unduly hampered or restricted to preserve the benefits of many years of
direct competition for those citizens; and issues of importance to the City of Lubbock
include the following:
1) Local Control of Market Participation. Any retail deregulation
legislation must preserve the current powers of the cities to set
electric rates and establish electric utility policies.
2) Freeze/Reductions. Municipalities with home owned utilities
already enjoy some of the lowest rates in the State of Texas and the
nation, in Lubbock, Texas, it is not necessary to "freeze/reduce"
such rates as they are already the result of direct competition for
customers.
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Page 210
3) Local Control. In addition to the benefits of competition,
municipalities are the most sensitive level of government to the
matters that are most important to citizen owners/consumers.
Decisions affecting local retail sales, rates and utility operations,
including, but not limited to planning, dispute resolution, and
customer service functions (billing, metering, collections) should
remain under local control. Any legislation that preserves "de
novo" appeals to the PUC of all local decisions in effect totally
nullifies local decision making and eliminates local control.
4) Wholesale Market Access. Municipal utilities must continue to be
allowed to fully participate in the wholesale market for electricity,
including power purchases, sales and marketing.
5) Local Control of Transition to Retail Competition. All transition
issues should be addressed locally through non-discriminatory
processes. In addition to timing, those issues may include the
organizational structures of municipal electric utilities. No
structural "unbundling" or divestiture should be required.
6) Full Recovery of Stranded Investment. Municipally owned electric
systems must be able to fully recover the investments they have
made to serve their citizens/owners. In addition to stranded
investment, local authorities should continue to have the ability to
recover and be compensated for other costs, and to recover
sufficient revenue to provide a return to the city.
7) No Abrogation of Existing Contracts. Existing wholesale and retail
power contracts should remain valid for the term of the contract.
8) Freeze Existing Service Territories. The existing state certified
electric service areas of utilities should remain in their current
configuration except that citizen owned municipal utilities should
be allowed to follow the boundaries of the municipality so that no
citizens of the municipality are denied the benefits of direct electric
competition by the utility that they own and operate.
9) Preserve Franchise Rights. The rights of municipalities to control
public rights of way and to collect reasonable compensation for its
use must be preserved so that the costs of such usage do not have
to be borne by the ad valorem tax payers as opposed to the utility
customers.
10) Removing Barriers to Municipal Competitiveness. In either the
wholesale or the retail market, certain statutes applicable to local
governments are very adverse to the competitive situation of
municipally owned utilities. In particular, some open records, open
meetings, and bid requirements place muncipally owned utilities at
a tremendous disadvantage in competing with private utilities.
11) Tax Exemption. Current municipal exemptions from state and local
taxes should be maintained.
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Page 211
Passed by the City Council this 10th day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Local Control of Market Participation: Any retail deregulation legislation
must preserve the current powers of cities to set electric rates and establish
electric utility policies. There is a great diversity among municipally -
owned electric utilities in terms of size and operations. Each city needs
the ability to decide how to best move toward retail competition given its
own circumstances. These decisions will be made by duly elected or
appointed local officials through open local public processes.
Additional PUC regulation of municipally -owned electric utilities in a
"deregulated" environment would be unnecessary, costly, and would
duplicate the local regulatory process. Major retail deregulation bills
enacted in other states have exempted public power systems from PUC
regulation. In Texas, local authorities must be allowed to continue to
exercise their existing authority to determine how and when their city -
owned electric systems participate in the retail electric market.
Specifically:
Local choice on timing
Local choice on rate "freeze/reductions"
Local control of retail market participation, rates and operations
Wholesale market access
Local control of transition to retail competition
Full recovery of stranded investment
No abrogation of existing contracts
Freeze existing service territories
Preserve franchise rights
Remove barriers to municipal competitiveness
Staff believes that it is now time to more precisely clarify the City's
position on electric utility deregulation. Staff recommended approval of
this resolution.
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City Council Minutes
April 10, 1997
Page 212
Motion was made by Councilmember Ince, seconded by Councilmember
Nelson to pass Resolution No. 5466 as recommended by staff. Motion
carried 6 Yeas, 0 Nays.
(37.) Consider Resolution No. 5467 authorizing the Mayor to execute an
industrial tax abatement agreement with Purina Mills, Inc.
RESOLUTION NO. 5467
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 Purina Mills, 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 1 Oth day of April 1997.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra S. Forte
Debra S. Forte, First Assistant
City Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Tax Abatement Agreement is filed with Resolution 5467.
Staff have received a request from Purina Mills, Inc. for industrial tax
abatement in the North Enterprise Zone. Purina Mills is planning to
replace the existing plant with a larger, modern, state-of-the-art facility to
better meet the demands of Purina's growing customer base.
Purina Mills plans to invest $15 million in this new facility. The
breakdown will be $6.5 million for the new plant and $8.5 million for new
equipment and machinery. Once the new plant is constructed, the old
plant will be demolished. The current facility has an assessed value of
approximately $575,000.
Purina Mills has an annual average of 65 employees. During the winter,
their peak time, they have approximately 71 employees. During the
summer months the employment is less, since the demand for their
212
City Council Minutes
April 10, 1997
Page 213
product is less. The company does not plan to increase their employment
with the upgrade of the new facility. They have requested tax abatement
on the basis of retention of the existing average of 65 jobs.
The Guidelines and Criteria governing tax abatement for all taxing units
approved by the City Council and Lubbock County require a minimum
investment of $1 million dollars and the creation of ten new jobs. Since
Purina Mills is not planning on increasing their employment, they do not
-- meet the minimum requirements for tax abatement according to the
guidelines. However, the guidelines do provide for the City Council, upon
the affirmative vote of three -fourths of its members to vary any of the
requirements when it is demonstrated by the applicant for tax abatement
that variation is in the best interest of the Affected Jurisdiction and will
enhance the economic development of the Affected Jurisdiction. Purina
Mills is seeking a variance of the job creation requirement based on the
following factors:
The current facility has outlived its economic viability. Without this
investment, the company would cease operations in Lubbock within three
years, removing $3 million from the tax base and a 65 person, $2.1 million
annual payroll from the economy. The scope of the project greatly
exceeds the minimum investment criteria governing tax abatement.
The total net investment, total investment minus taxable value of old plant
and equipment, will be approximately $14.5 million. The average annual
amount of the City tax abatement would be approximately $70,000, with
depreciation built in. The total amount for the City of Lubbock over the
life of the contract would be approximately $690,276. The average annual
amount of the County tax abatement would be approximately $33,000.
The total amount for Lubbock County over the life of the contract would
be approximately $330,000.
A twenty year cost/benefit analysis was performed on this project with the
following results:
Net community wide benefit of this project:
$216,913,584
LISD will collect property tax over 20 years:
3,715,841
Retention of an average 65 jobs; est. annual payroll:
2,140,559
Impact of annual payroll:
9,607,470
New investment in North Enterprise Zone:
15,000,000
Construction impact: Actual construction:
6,500,000
Impact of construction:
15,044,250
Utility Usage:
Approx. annual cost:
253,545
Approx. increase in cost with expansion:
49,931
Cost/Benefit: The benefits far exceed the cost.
The project will add $14.5 million in net new value to the tax base in the
North Enterprise Zone and will result in the retention of an average 65
existing jobs, with a payroll of approximately $2.1 million.
-- Under the current guidelines, Purina Mills does not meet the minimum job
creation requirement, but based on the costibenefit analysis, staff
recommended that this requirement be waived for this project.
Staff concurs with Market Lubbock, Inc.'s recommendation for approval
of the tax abatement at 100 per cent for a period of ten years.
213
City Council Minutes
April 10, 1997
Page 214
Debra Forth, staff, presented information as to the Notice of Intent. Anita
Burgess stated that the resolution took a simple majority vote.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass Resolution No. 5467 as recommended
by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Nelson voted
Nay.
11:35 A.M. Council reconvened to executive session
1:39 P.M. There being no further business to come before the Council,
Councilmember Neugebauer made a motion to adjourn, Councilmember
Nelson seconded the motion: 6 Yeas; 0 Nays.
MR
.�
g ►� • '
ATTEST:
/��
Kay Ye
Darnell, City Secretary
Read and approved this 90/V of Lntl 4,17.
DY SITT AYOR
ATTEST:
Kayt I Damell, City Secretary
214