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Home My WebLink AboutMinutes - City Council - Regular - 9/17/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 17th day of September, 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 Marc McDougal, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent Council Members Cooke and Hernandez CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: ( 1.) Ysidro Gutierrez, West Texas Organizing Strategy (WTSO), representing twenty-five congregations, civic groups and schools, appeared to discuss the City budget. This organization feels that two of the Council Members continued to advocate cutting taxes and that they are acting irresponsibly. WTSO believes the city should invest in public libraries, parks, police substations and after school programs. He stated the Mayor had assured them the current budget without a roll back in taxes is sufficient to begin to deal with these issues. These issues affect the quality of life of the citizens and cutting back taxes would mean many of the projects would have to be eliminated from the budget. The Council Members met with leaders of WTOS before the election and made commitments to the projects. He felt if there was extra money in the budget, they might put this into after school projects and other public projects. Mr. Gutierrez congratulated the Mayor and other members of the council who had acted in a fiscally responsible manner to assure our city continues to be a good place to raise families and to be a quality of life city for all residents. He encouraged all members of the council to vote against any tax cuts. ( IA.) Presentation by Norma Cunningham of Marriage and Family Therapy Associates regarding the publication of information about sexual offenders. (Was not present) (2) Julia Penelope spoke concerning the relocation of the prairie dogs. She mentioned the council had stated they would aggressively relocate the prairies dogs and only one person is out there. She asked if anyone is being paid to relocate them and then stated she would rather have the city pay to relocate them than poison them. She thought this would be considered aggressive. (2A) Rusty Donaldson stated he would like to second Ms. Penelope's suggestion. He expressed to the council they should be aware of the fact there would be a continual monitoring of the attempt to exterminate the prairie dogs. He told them he and others will be back at additional city meetings and will be working closely on this matter. EXECUTIVE SESSION Mayor McDougal 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 Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to discuss and deliberate a competitive matter regarding the strategies, Regular City Council Minutes September 17, 2002 Page 156 goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency (Electric Utilities); pending or contemplated litigation (Fire Department; Firemen's Relief & Retirement Fund; Lubbock Power & Light; Planning Department; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); to deliberate the purchase, exchange, lease, or value of real property (Facilities Management; Water Utilities) and to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. 7:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Council Members Cooke and Hernandez. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager) . (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. ( 4,) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Fire Department; Firemen's Relief & Retirement Fund; Lubbock Power & Light; Planning Department; Police Department; Water Utilities). (5.) 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: Building Board of Appeals North & East Lubbock Development Commission Permit and License Appeal Board ( 5A.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information received from, and to deliberate the offer of a financial or other incentive to, a business prospect with which the economic development negotiations are being conducted. (6.) 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 (Facilities Management; Water Utilities). 9:56 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All Council Members were present, except Council Members Cooke and Hernandez. 156 Regular City Council Minutes September 17, 2002 Page 157 (7.) Discuss possible dates for November and December, 2002 City Council meetings. Bob Cass, City Manager (10 minutes) As Council is aware, the meeting dates for November and December need to be changed due to holiday and travel schedules. Staff has checked Council calendars and the following dates appear to have the fewest conflicts: First Meeting in November: Thursday, November 14, 2002 Second Meeting in November: Thursday, November 21, 2002 (hear zone cases) First Meeting in December: Thursday, December 12, 2002 Second Meeting in December: Thursday, December 19, 2002 (hear zone cases) Staff recommended these meetings be held as follows: Thursday, November 14 Thursday, November 21 Thursday, December 12 Thursday, December 19 (8.) Presentation regarding a Holiday Lighting program in Mackenzie Park. Stephanie Allison, Executive Director of Broadway Festivals Inc. (15 minutes) Stephanie Allison, Executive Director of Broadway Festivals Inc. (BFI), presented information concerning a drive through Holiday Lighting program. Broadway Festivals Inc. is requesting to develop this program to be held in the evenings at Mackenzie Park from Thanksgiving through the Christmas Holidays. The entrance will be located off Broadway Avenue. The program will consist of lighted displays along the park road from Broadway to the I-27 Service Road. Broadway Festivals Inc. has asked for support from LP&L as well as the Parks and Recreation Department to provide electrical services for the program. BFI will be seeking sponsorships for the displays. BFI presented their program to the Parks and Recreation Advisory Board during the Board's August 27 meeting. The Parks and Recreation Advisory Board recommended support of this program. ( 9.) Discuss the Marsha Sharp Freeway Project. Steve Warren, Texas Department of Transportation (20 minutes). Steve Warren of the Lubbock District Office of the Texas Department of Transportation (TxDOT) presented and answered questions on the status of the Marsha Sharp Freeway project. Some of the specific issues discussed included proposed construction of noise abatement barriers (sound walls) in residential areas, and the most current estimated costs and schedule for the project. (10.) Discuss a request by a property owner and the City of Wolfforth for the City of Lubbock to abandon Lubbock's extra territorial jurisdiction of a half section of land, and allow the City of Wolfforth to annex such property. Craig Farmer, Director of Planning/Transportation; Randy Henson, Senior Planner (20 minutes) 157 Regular City Council Minutes September 17, 2002 Page 158 During the past year, the owner and developer of a square mile between 66`h and 82' Streets from Alcove to FM 179 have discussed the potential for annexation of that property by the City of Wolfforth (the square mile north of the new school complex developed by Frenship ISD). A recent article in the Avalanche Journal outlined the proposed development by Mike Freyburger in conjunction with the landowner, H.A. Sessions. The proposed subdivision would follow the development style of Llano Estates located to the north at 501h and FM 179. The work session topic had to do with an existing contract between Lubbock and Wolfforth regarding extraterritorial jurisdiction (ETJ). Within that contract, the City of Wolfforth has the south one-half of the square mile as ETJ and the City of Lubbock has the north one-half. The request is for the City of Lubbock to abandon the north one-half section as ETJ because of a state law prohibiting one city from annexing into the ETJ of another city. The sequence of events created by state law is a little confusing, but the critical beginning of that sequence for Wolfforth would be agreement of the City Council to abandon the north one-half of the section. Recent discussion resulted in a number of options for the City Council to consider related to "giving away" a portion of the ETJ: 1. Consider favorably the request to abandon the one-half mile by one -mile wide area of ETJ with no conditions. This would enable Wolfforth to annex the area. 2. Consider what Wolfforth would bring to the table as a "trade" for abandonment of the requested area. Giving up claim to the future ad valorem tax base may not be desirable. 3. Discuss the possibility of annexation by Lubbock of the north half of the section, with Wolfforth annexing the south half. Through intergovernmental agreements on service the future citizens would experience a seamless subdivision within the jurisdiction of two adjacent cities. 4. Leave the project in Lubbock's ETJ for a number of years, and allow the developer to negotiate directly with Wolfforth for utilities. Ultimately, the City of Lubbock will annex the property. This would allow the developer to contract with Wolfforth and control the negotiations. Lubbock will still have to approve any agreements. 5. Deny the request based on the theory of not abandoning the right of plat review and future annexation. The current city limit of Lubbock would meet at the corner of 82"d and Alcove. As noted, the south half of the section is already within the Wolfforth ETJ, so that annexing the north half by Lubbock would be nearly a mile from the existing city limits that follows the north line of the Brownfield Highway. Wolfforth is in the process of working with Water Utilities to contract for transport of water purchased from Slaton and perhaps coverage of sewer service for the new subdivision until they obtain permits to enlarge their capacity. If Lubbock annexes the area and does not extend sufficient sewer capacity to the area, it is the opinion of the Planning Department and the developer that the subdivision would not develop. Since it is vacant now, under the "like services" clause of annexation law, the City of Lubbock would not have to install sewer to the site. Extending service from existing Lubbock lines would be expensive for the developer. 158 Regular City Council Minutes September 17, 2002 Page 159 Our general philosophy has been to "follow" development so as to maintain our tax base. While staff concluded that the previous Council wanted to hold off on future annexation until such time as staff consolidated our last one, staff wanted to at least visit with Council about our options before coming to a conclusion on this matter. (11.) Discuss the Capital Improvements Program. Tommy Gonzalez, Assistant City Manager (15 minutes) Staff reviewed the Capital Improvement Program Process and calendar with the City Council. By way of background, Capital Improvements are a new or expanded physical facility that is large in size, expensive, and relatively permanent. The Program designated capital improvements by priority for a five-year time frame. The last Capital Improvements Program included several parks and street improvements. Staff was seeking guidance for a time frame of the next Capital Improvements Program. Staff recommended that the Council discuss the possibility of initiating a bond election for a 2003-2008 Capital Improvements Program. 11:23 A. M. WORK SESSION RECESSED 11:31 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Members Cooke and Hernandez. Mayor McDougal called the meeting to order at 11:31 A. M. (12.) Pastor Jerry Kaskela, Shepherd King Lutheran Church gave the invocation. (13.) Pledge of Allegiance was given in unison to the United States Flag and the Texas Flag by those in the City Council Chambers. The first item considered was Item 54. (14.) Presentation of a Special Recognition to Project B.L.A.S.T. sponsor churches for their efforts in making Project B.L.A.S.T. a success. Loving Vine Worship Center and Divine Love Baptist Church started a tradition three years ago by joining forces for a community picnic at Joyland Amusement Park. These churches have different cultural and ethnic backgrounds, and both churches found this experience to be beneficial. They have built on this initial success by inviting more churches to participate in what is now called Project B.L.A.S.T. Three additional sponsor churches have been added this year. They are New Hope Community Church of Shallowater, Mt. Gilead Baptist Church, and South Plains Christian Fellowship. The purpose of this project is to encourage, develop and promote equality, acceptance and collaboration across demographic and cultural groups in Lubbock's Christian community. This year's event was held on August 17, 2002, from 2:00- 10:00 p.m. at Joyland Amusement Park. Families from area churches picnicked together at the Pavilion and joined in the fun at the amusement park. This year 3,000 people participated in Project B.L.A.S.T. Special Recognition was presented to Project B.L.A.S.T. sponsor churches for their dedicated efforts in making the fourth annual Project B.L.A.S.T. a tremendous success. Reverend Van Perryman, Loving Vine Foursquare Church, and other church members were present to receive this recognition. 159 Regular City Council Minutes September 17, 2002 Page 160 (15.) Presentation of incentive awards —two Cost Savings Suggestion awards. The Cost Savings Suggestion program awards employees who find innovative ways to save the City money, avoid costs or improve productivity. Ten percent of verified, first -year savings or a cash award for productivity improvement without verified savings is paid to employees. Bridget Faulkenberry, Environmental Inspection Services, was awarded a $50 Productivity Improvement award for her suggestion to reduce certification costs and allowing the department to more fully utilize training funds. Bridget obtained approval from the Texas Department of Health to conduct a "pool school" locally for the Registered Sanitarians. This suggestion reduced travel and training costs for this requirement by $6,000 and allowed the Sanitarians to attend additional training. Ms. Faulkenberry was unable to attend the meeting. Carla Roberts, Administrative Assistant for LP&L Billing and Collection, suggested revising the type of receipts used for customer utility payments. Her suggestion eliminates printing costs and better utilizes the detail paper as a receipt, as well as improving transaction time. By implementing Carla's suggestion, LP&L reduced receipt form cost by $1,370. Carla received an incentive check for 10% ($137) of the verified savings. Presentation of the award to Ms. Roberts was made by City Manager Bob Cass. 11:40 A. M. Council Member Patterson left the dais. CONSENT AGENDA (Items Nos. 16-31, 33-35, 37-40, 42-49) These items were considered following Item 54. Motion was made by Council Member Morrison, seconded by Council Member Martin to approve Items 16-31. 33-35, 37-40, 42-49 on consent agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (16.) ORDINANCE NO. 2002-00078-Abandoning and closing a portion of a Lubbock Power & Light 5-foot underground utility easement and a six-foot by six-foot switch enclosure easement located in Tract R, Raintree Addition to the City of Lubbock (3406 98`h Street) (second and final reading). ORDINANCE NO.2002-R00078 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 5 FOOT UNDERGROUND UTILITY EASEMENT AND A 6 FOOT BY 6 FOOT SWITCH ENCLOSURE EASEMENT FOR LP&L LOCATED IN TRACT R, RAINTREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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. (17.) ORDINANCE NO. 2002-00079-Abandoning and closing a garbage service easement in Lot 3, Camelot Addition to the City of Lubbock (5921 34" Street) (second and final reading). 160 Regular City Council Minutes September 17, 2002 Page 161 ORDINANCE NO. 2002-00079 AN ORDINANCE ABANDONING AND CLOSING A GARBAGE COLLECTION EASEMENT LOCATED IN LOT 3, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND RECORDED IN VOLUME 3069, PAGE 94 OF THE OFFICIAL REAL PROPERTY RECORDS OF 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. (18.) ORDINANCE NO. 2002-00080- Naming a proposed street to be constructed west and north from Slide Road at 371h Street to its intersection with Marsha Sharp Freeway "City Bank Parkway" (second and final reading). ORDINANCE NO. 2002-00080 AN ORDINANCE ADDING A NEW SECTION 24-41 TO THE CODE OF ORINANCES OF THE CITY OF LUBBOCK, TEXAS, NAMING A PROPOSED STREET TO BE CONSTRUCTED WEST AND NORTH FROM SLIDE ROAD AT 37TH STREET TO ITS INTERSECTION WITH MARSHA SHARP FREEWAY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE NO. 2002-00081-ZONE CASE NO. 2940 (south of 1071h Street and east of Indiana): Hold a public hearing to consider request of Gurss Properties, Inc. for a zoning change from R-1 to AM on an unplatted 4.20-acre tract of land out of Section 19, Block E-2 (second and final reading). ORDINANCE NO. 2002-00081 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2940; A ZONING CHANGE FROM R-1 TO AM ZONING ON AN UNPLATTED 4.20-ACRE TRACT OF LAND OUT OF SECTION 19, BLOCK E-2 LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE NO. 2002-00082-ZONE CASE NO. 2773-B (northwest corner of West Loop 289 and Frankford Avenue): Hold a public hearing to consider request of Alliance Federal Credit Union for a zoning change from R-1 to AM Specific Use for a credit union on an unplatted 1.823-acre tract of land out of Section 9, Block J-S (second and final reading). ORDINANCE NO,. 2002-00082 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2773-13; A ZONING CHANGE FROM R-1 TO AM SPECIFIC USE ZONING FOR A CREDIT UNION ON AN UNPLATTED 1.823- ACRE TRACT OF LAND OUT OF SECTION 9, BLOCK J-S LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) ORDINANCE NO. 2002-00083-ZONE CASE NO. 2941 (southwest corner of Milwaukee Avenue and 9`h Street): Hold a public hearing to consider request of Santa Rosa Development Company, L.L.C. for Springfield Apartments, Ltd. for a zoning change from R-1 to A-2 on an unplatted 12.287-acre tract of land out of Section 10, Block J-S (second and final reading). 161 Regular City Council Minutes September 17, 2002 Page 162 ORDINANCE NO. 2002-00083 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2941; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON AN UNPLATTED 12.287-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK J-S LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE NO. 2002-00084-ZONE CASE NO. 2942 (3404 and 3408 25`h Street): Hold a public hearing to consider request of Grey D. Rigney for a zoning change from R-1 to AM on Lots 17, 18, 19, and the west 5 feet of Lot 20, Block 1, Tyler Square Addition (second and final reading). ORDINANCE NO. 2002-00084 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2942; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 17, 18, 19, AND THE WEST 5 FEET OF LOT 20, BLOCK 1, TYLER SQUARE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (23.) ORDINANCE NO. 2002-00085-ZONE CASE NO. 2115-E (2401- 2409 87`h Street): Hold a public hearing to consider request of Sam Reyes for Sam Reyes Construction Co. for a zoning change from C- 2A to R-2 on Lots 236, 237, 238, and 239, Bicentennial Estates Addition (second and final reading). ORDINANCE NO. 2002-00085 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2115-E; A ZONING CHANGE FROM C-2A TO R-2 ZONING ON LOTS 236, 237, 238, AND 239, BICENTENNIAL ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (24.) ORDINANCE NO. 2002-00086-ZONE CASE NO. 2828-D (south of 103rd Street and west of Vicksburg Avenue): Hold a public hearing to consider request of Burl Masters for Excel Development for a zoning change from T to R-1 Specific Use for garden homes with 20-foot front setback and 5-foot side setback adjacent to 103`d Street on an unplatted 2.19-acre tract of land out of Section 16, Block E-2 (second and final reading). ORDINANCE NO. 2002-00086 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-D; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED 2.19-ACRE TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (25.) ORDINANCE NO. 2002-00087-ZONE CASE NO. 2868-B (south of 101" Place and east of Chicago Avenue): Hold a public hearing to consider request of Scott MacKenzie for a zoning change from R-1 Specific Use to R-2 Specific Use for duplex and garden/town home units with a 20-foot front setback on an unplatted 8.1-acre tract of land out of Section 25, Block E-2 (second and final reading). 162 Regular City Council Minutes September 17, 2002 Page 163 ORDINANCE NO. 2002-00087 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868-13; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING ON AN UNPLATTED 8.1-ACRE TRACT OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (26.) ORDINANCE NO. 2002-000884ONE CASE NO. 2565-A (north of Avenue L and east of 70`h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Emanuel Worship Center for a zoning change from IHC to A-2 limited to church and church -related uses on an unplatted 14.27-acre tract of land out of Section 5, Block E and Lot 5, South Loop Addition (second and final reading). ORDINANCE NO. 2002-00088 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2565-A; A ZONING CHANGE FROM IHC TO A-2 ZONING LIMITED TO CHURCH RELATED USES, ON AN UNPLATTED 14.27 ACRE -TRACT OF LAND OUT OF SECTION 5, BLOCK E, AND LOT 5, SOUTH LOOP ADDITION LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (27.) ORDINANCE NO. 2002-00089-ZONE CASE NO. 2303-B (1120 West Loop 289): Hold a public hearing to consider request of Fred Wilson for Lubbock Homes for a zoning change from C-4 Specific Use to GO Specific Use on Tract A, Meadowgreen Addition (second and final reading). ORDINANCE NO. 2002-00089 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2303-13; A ZONING CHANGE FROM C-4 SPECIFIC USE TO GO SPECIFIC USE ZONING ON TRACT A, MEADOWGREEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (28.) ORDINANCE NO. 2002-00090-ZONE CASE NO. 2944 (west of Frankford and north of 1141h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Carl Mortenson for a zoning change from T to C-3, R-1 Specific Use and R-2 Specific Use for duplexes with a 20-foot front setback on unplatted 6.6-acre (C-3) and 24.6-acre (R-2) tracts of land out of Section 21, Block AK (second and final reading). ORDINANCE NO. 00090 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2944; A ZONING CHANGE FROM T TO C-3, R-1 SPECIFIC USE AND R-2 SPECIFIC USE ZONING ON UNPLATTED 6.6-ACRE AND 24.6-ACRE TRACTS OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 163 Regular City Council Minutes September 17, 2002 Page164 (29.) ORDINANCE NO. 2002-00091-ZONE CASE NO. 2124-A (2101 82°d Street and 8212 Avenue U): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. for Ruby Russell for a zoning change from A-2 to GO and A-1 on an unplatted 1.0-acre tract out of Section 9, Block E and the east 296 feet of Tract A, First Church of God Addition (second and final reading). ORDINANCE NO. 2002-00091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2124-A; A ZONING CHANGE FROM A-2 TO GO AND A-1 ZONING ON AN UNPLATTED 1.0-ACRE TRACT OUT OF SECTION 9, BLOCK E AND THE EAST 296 FEET OF TRACT A, FIRST CHURCH OF GOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (30.) ORDINANCE NO. 2002-00093-Revising Article II of Chapter 21 of the Code of Ordinances pertaining to Flood Hazard Areas in the City of Lubbock (second and final reading). ORDINANCE NO. 2002-00093 WHEREAS, the flood hazard areas of the City of Lubbock, Texas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare; and The first reading of this ordinance was held at the August 29, 2002 City Council meeting. There were a few minor revisions to the ordinance needed for this second reading, based on the Federal Emergency Management Agency (FEMA) review. They are as follows: Sec. 21-16 DEFINITIONS Development —(Ending the definition as) "...excavation2 of drilling operations or storage of equipment or materials." Floodway —(Ending the definition as) "...water surface elevation more than one (1) feet a designated height." Recreational Vehicle —(2) " 500 400 square feet or less... " Start of Construction —"...under the Coastal Barrier Resources Act) (Pub. L. 97-348) includes substantial..." Violation 2...(e)(4) or (e)(5) of the National Flood T e Dr^ regulations 44 CFR is presumed to be..." Sec. 21-24 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD Change the paragraph to "...with accompanying Flood Insurance Rate Maps and Flood Boundary Floo .: ay Map* (FIRM and BFM) and any revisions thereto..." Sec. 21-31 SAME - SPECIFIC STANDARDS (4) (a) Change the paragraph to "...on a community's FIRM or- F-14BN4 shall be installed..." (4) (c) 3. Change sentence to "...above the top of the curb or top of crown of the nearest... " Staff recommended approval of the second reading of this ordinance with the minor revisions noted. 164 Regular City Council Minutes September 17, 2002 Page 165 (31.) ORDINANCE NO. 2002-00094-Conforming the City of Lubbock voting precincts to state law population requirements due to changes in population reported by the 2000 federal census and establishing new voting places as required (second and final reading). ORDINANCE NO. 2002-00094 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCTS AND VOTING PLACES AS REQUIRED BY STATE LAW DUE TO CHANGES IN POPULATION MADE BY LUBBOCK COUNTY PURSUANT TO SECTION 42.006 ("POPULATION REQUIREMENTS") OF THE STATE ELECTION CODE; ESTABLISHING NEW POLLING PLACES FOR CERTAIN PRECINCTS; CHANGING THE ASSIGNMENT OF VOTING PRECINCTS TO CITY COUNCIL DISTRICTS TO REFLECT THE CHANGES MADE BY THIS ORDINANCE; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The next item to be considered was Item 33. (32.) Ordinance No. 2002-00099 amending Article XIII of Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the composition and membership of the Lubbock Libraries Board, by increasing the number of members; providing a penalty; providing a savings clause; and providing for publication (first reading) . ORDINANCE NO. 2002-00099 AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE COMPOSITION AND MEMBERSHIP OF THE LUBBOCK LIBRARIES BOARD, BY INCREASING THE NUMBER OF MEMBERS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR :PUBLICATION. This item was moved to Regular Agenda and was considered following Item 49. In May 2002, the Lubbock Libraries Board prepared a strategic plan that ties to the strategic plans of the Library and the Friends of the Library. In the strategic goal to improve the effectiveness of Board communication, the Board developed the strategy to explore expansion of the Board membership. At the August 19, 2002 meeting of the Board, the expansion of the Board to nine members instead of the present seven members was discussed. Presently, the Parks and Recreation Board is composed of nine members. Consensus of the Libraries Board was that expansion would improve the ability of the Board to reach quorum, conduct ongoing business more efficiently, and increase representation in the community. The Board adopted the following recommendation to City Council: The Library Advisory Board recommended that the Lubbock City Council consider a Resolution and Ordinance Revision to expand the Board's membership to nine members. The Board instructed the Director to ask Legal staff to draft a revised Council Ordinance #9228 and to place the revision on the earliest practical agenda of City Council. Tommy Gonzalez, Assistant City Manager, presented staff comments. 165 Regular City Council Minutes September 17, 2002 Page 166 Legal staff has prepared the draft -revised ordinance. Staff recommended approval of this ordinance. Motion was made by Council Member Morrison, seconded by Council Member Martin with an amendment that two members be appointed by the Mayor, one member by each Council Member by District, with the remaining member being the President of Friends of the Lubbock City - County Library and to pass on first reading Ordinance No. 2002-00099 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Next item to be considered was Item 36. (33.) Resolution No. 2002-RO351 authorizing the Mayor to execute the necessary SFY 2003 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS), the Technical Assistance Negotiated Grant (TANG) and the Interlibrary Loan Grant Program (ILL). RESOLUTION NO. 2002-RO351 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 one (1) Library System Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. 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. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Shannon Elrod Shannon Elrod Co -Interim Library Director APPROVED AS TO FORM: /s/ John M. Knight John M. Knight Assistant City Attorney This item was considered following Item 31. The West Texas State Library System (WTLS) is a state funded federal grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library System Act, 1969, and the program is administered by the Texas State Library and Archives Commission. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment 166 Regular City Council Minutes September 17, 2002 Page 167 of public libraries in communities that do not have library services. At the end of the current state fiscal year (SFY 2002), 34 libraries were qualified for membership. The Lubbock Public Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 1974. This year is the 29`' annual such contract renewal. As the Major Resource Center, the Lubbock Public Library also serves as the headquarters for the ILL grant program and the Technical Assistance program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. The Technical Assistance program funds the hiring of a full-time Technical Advisor for public libraries in the WTLS service region. The Technical Advisor will provide training and technological assistance to all of these area libraries. These three programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City of Lubbock and the Lubbock Public Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. The West Texas Library System Grant Contract #470-03009 is for $407,783. The Interlibrary Loan Grant Contract #771-03044 is for $68,659. (Inadvertently the ILL grant was signed by the Mayor. However, the contract needs to be approved by Council.) The Technical Assistance Negotiated Grant Contract #476-03019 is for $79,899. Staff recommended approval of this resolution. (34.) Resolution No. 2002-R0352; Resolution No. 2002-R0353; Resolution No. 2002-R0354; Resolution No. 2002-R0355; Resolution No. 2002-R0356; Resolution No. 2002-R0357; Consider six resolutions authorizing the Mayor to sign six U.S. Department of Agriculture Farm Service Agency Powers of Attorney with James A. Thiel, William J. Thiel, Thomas J. Thiel, John Hindman, Ronnie Hamilton, and Kelly Thomas (Airport, City farm, new landfill, and southwest water reservoir site) RESOLUTION NO. 2002-RO352 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 Power of Attorney appointing James A. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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. 167 Regular City Council Minutes September 17, 2002 Page 168 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2002-R0352. RESOLUTION NO. 2002-RO353 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 Power of Attorney appointing Thomas J. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy Right -of -Way Agent /s/ William de Haas William de Haas, Contract Manager/Attorney Regular City Council Minutes September 17, 2002 Page 169 A copy of the Power of Attorney is filed with Resolution No. 2002-R0353. RESOLUTION NO. 2002-RO354 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 Power of Attorney appointing William J. Thiel to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2002-R0354. RESOLUTION NO. 2002-RO355 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 Power of Attorney appointing John P. Hindman to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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. 169 Regular City Council Minutes September 17, 2002 Page 170 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2002-R0355. RESOLUTION NO. 2002-RO356 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 Power of Attorney appointing Ronnie Hamilton to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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/ William de Haas William de Haas Contract Manager/Attorney 170 Regular City Council Minutes September 17, 2002 Page 171 A copy of the Power of Attorney is filed with Resolution No. 2002-R0356. RESOLUTION NO. 2002-RO357 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 Power of Attorney appointing Kelly Thomas to act for the City of Lubbock for agricultural programs with the Farm Service Agency, and all related documents. Said Power of Attorney 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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/ William de Haas William de Haas Contract Manager/Attorney A copy of the Power of Attorney is filed with Resolution No. 2002-R0357. The City of Lubbock has tenant farmers who farm City owned property for the City at several locations. At the airport are James, William, and Thomas Thiel. The City farm on East 50' Street is farmed by City farm manager John Hindman. The new landfill site west of Abernathy is farmed by Ronnie Hamilton and the southwest water reservoir site (northeast corner of Milwaukee Avenue and FM 1585) is farmed by Kelly Thomas. An important factor in each of these farmer's operations is the ability to qualify for government programs and sign up for them. These Farm Service Powers of Attorney allow each tenant farmer to sign up for these programs for themselves and the City. They will receive income from the government for the program(s) in which they enroll. Since the City is a tax-exempt governmental entity, it is put in a pool with all other tax exempt entities for a yearly drawing in Texas. The City won this pool one time in the 1980's. The City Council approved these powers of attorney at the December 13, 2001 City Council meeting but a new farm program for 2002 has gone into effect requiring new ones to be signed. Right -of -Way Department recommended approval of these resolutions. 171 Regular City Council Minutes September 17, 2002 Page172 (35.) Resolution No. 2002-RO358 authorizing the Mayor to execute an Agreement for Arbitrage Rebate Compliance Services with First Southwest Asset Management, Inc. for federal arbitrage rebate calculation services. RESOLUTION NO. 2002-RO358 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 arbitrage rebate compliance services, by and between the City of Lubbock and First Southwest Asset Management, Inc. and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Andy Burcham Andy Burcham, Cash & Debt Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-R0358. The City has the need to determine to what extent, if any, it will be required to rebate certain investment earnings from the proceeds of the City's tax-exempt obligations to the United States of America pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of 1986, as amended. Since 1988, the City has used First Southwest Asset Management, Inc. ("First Southwest") for arbitrage rebate compliance services. It is necessary to allow experts in the area of arbitrage compliance to compile and review these calculations due to the volume and complexity of data that must be reviewed. Additionally, numerous additions have been made to the Treasury Regulations regarding arbitrage rebate compliance over the past several years. City staff obtained price quotes from two other arbitrage rebate compliance service providers to determine if the costs proposed by First Southwest were competitive. The two companies used in the comparison were BondLogistiX and The Arbitrage Group, Inc. The cost structure provided by these two companies was very comparable to the cost structure provided by First Southwest. Staff recommended approval of this resolution. The next item to be considered was Item 37. 172 Regular City Council Minutes September 17, 2002 Page 173 (36.) Resolution No. 2002-RO376 authorizing the Mayor to execute an Interlocal Agreement between the City of New Deal and the City of Lubbock regarding adding the New Deal Police Department to the City of Lubbock's Public Safety Radio System. RESOLUTION NO. 2002-RO376 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 Agreement for 800MHz Trunked Radio, by and between the City of Lubbock and the City of New Deal, Texas and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Managing Director of Info Technology APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0376. This item was moved to Regular Agenda and was considered following Item 32. The City installed a Trunked 800 Mhz Radio System in 1995. This Radio System has been used by City Public Works and Public Safety Departments, including the Police Department, as well as external agencies such as EMS, the Red Cross, etc. In June, Lubbock County was added to this Radio System. The New Deal Police Department requires constant communication between the New Deal officers in the field and the Sheriff's Department. Since the County began using the 800 Mhz Radio System, New Deal decided that it would be to their advantage to use the same Radio System. By this Interlocal Agreement, the City of New Deal is requesting two handheld radios with accessories. Per this Agreement, the City of New Deal will pay for the two radios as well as all infrastructure and maintenance costs. Sharlett Chowning, Director of Information Technology, presented staff comments and introduced Sam Butler, Chief of Police of New Deal. Staff recommended approval of this resolution. 173 Regular City Council Minutes September 17, 2002 Page 174 Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2002-RO376 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item to be considered was Item 41. (37.) Resolution No. 2002-RO359 authorizing the Mayor to execute for and on behalf of the City of Lubbock a contract pertaining to bioterrorism preparedness lab services and any associated documents between the City of Lubbock and the Texas Department of Health. RESOLUTION NO. 2002-RO359 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 (TDH Document No. 7560005906 2002, Attachment No. 9) pertaining to bioterrorism preparedness lab services and any associated documents between the City of Lubbock and the Texas Department of Health, a copy of which contract is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2002-R0359. This item was considered following Item 35. Contract Attachment 07 to TDH Document 7560005906-2003 is continuation funding to be used for staff, equipment, supplies and training to enable the City of Lubbock to process rapid tests vital to early detection of a bioterrorism event. The total amount of $136,270 covers salary and fringes ($41,970) for one full time microbiologist position, provides for the purchase of a microscope digital imaging system ($14,300), refrigerated centrifuge ($18,000), and a Victor II laboratory tester ($48,000) for rapid testing of bacterial agents used in bioterrorism events, and allows $11,000 in supplies and $3,000 in other costs. This project is designed to upgrade state and local public health jurisdictions' preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Our Lubbock Bioterrorism Response Laboratory will also maintain extensive collaboration with all hospitals located in our service 174 Regular City Council Minutes September 17, 2002 Page 175 area plan for response activities for bioterrorism threats and present laboratory -oriented training to hospital and reference laboratories in our service area. This program fulfills the Core Mission of Public Health as it relates to essential public health laboratory services. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Staff recommended approval of the resolution. (38.) Resolution No. 2002-RO360 authorizing the Mayor to execute for and on behalf of the City of Lubbock Change Order No. 1 to the contract between the City of Lubbock and Hub City Pavers, Inc. for paving improvements at seven new City parks. RESOLUTION NO. 2002-RO360 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 a Change Order No. 1, to Bid No.122-02/RS with associated documents on behalf of the City of Lubbock for the amended purchase order with Hub City Pavers, Inc. for paving improvements at seven new city parks. 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 Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Parks & Recreation Director APPROVED AS TO FORM: /s/ William de Haas William de Haas Competition and Contract Manager A copy of the Agreements are filed with Resolution No. 2002-R0360. On July 11, 2002, the City Council approved a contract with Hub City Pavers, Inc. to construct perimeter walks, asphalt paving, curbs and gutters, and ADA parking at seven new parks for $624,671.15. This scope of work is scheduled for completion within 90 days. The park locations are Jack and Mary Nell Strong Park at 81" and Avenue U, Underwood Park at 74' and Cedar, Naomi Reagan Park in the Chapel Hill Neighborhood, Gladys Sims Park at Marlboro and King, Richard Lopez Park at Amherst and Chicago, Alex and Verna Cooke Park at 15`h and Kirby, and Dr. Armando Duran Park at 26`' and Kewanee. Due to the favorable unit pricing in the contract, the Parks and Recreation Department has determined that adding these additional units will save a significant amount of money. Due to the scale of the project, 175 Regular City Council Minutes September 17, 2002 Page 176 Hub City Pavers, Inc. will be doing to work for about half the cost of previous bids received by the Parks and Recreation Department. The improvements and the amounts follow: • $62,569.08 Will add interior walks to all seven parks. This price includes the concrete and earthwork for a total of 18,196 square feet. • $25,760 Will add seven 40'x40' concrete multi -purpose courts on a sand base at $2.30 per square foot. • (-$7,050.47) The deduct amount is the removal of a sand base for four -inch concrete poured to grade at back of curb. • $46,636.88 Will pay for an ADA parking lot with a total of 100 spaces at the Bill McAlister Park for the Legacy Play Village and other amenities that will be funded by the Texas Parks and Wildlife grant. This figure includes 4 ADA ramps, curb and gutter, concrete and road base. • $127,915.49 The total amount of the change order. This represents 20% of the original contract. The total amount of the amended contract will be $752,586.64. • An extension of 45 days will be granted for this additional work. These items will significantly enhance the City of Lubbock and the neighborhoods in which these parks are located. These improvements will be paid for from the 1999 bond funds. Staff recommended approval of this resolution. (39.) Resolution No. 2002-RO361 authorizing the Mayor to execute a Landscape Maintenance Agreement with Atmos Energy, Southwest Division, for maintenance of the landscape enhancement of the Southwest Quadrant at the intersection of Slide Road and South Loop 289. -- RESOLUTION NO. 2002-RO361 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 South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and Atmos Energy, Southwest Division, a copy of which Agreement 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager 176 Regular City Council Minutes September 17, 2002 Page 177 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Texas Department of Transportation has completed the construction of the landscape improvements along South Loop 289. In 1999, then Councilman Max Ince worked diligently to develop a process where businesses could partner with the City of Lubbock to provide maintenance of the landscape at the Loop turnarounds. Attached is an agreement signed by a representative of Atmos Energy (sponsoring business) for the maintenance of the southwest quadrant at the intersection of Slide Road and South Loop 289. The maintenance of the Loop turnarounds by sponsoring businesses will allow for an enhanced level of maintenance. Along with the basic level of service, the sponsoring business will be responsible for the purchase and planting of flowers. A minimum of two plantings of seasonal flowers is required per year. The sponsoring business can provide additional plantings if they desire. Exhibit B outlines the maintenance standards that the sponsoring business is required to perform. Summary information of the agreement is as follows: • The City agrees to grant an amount not to exceed $2,667 annually to the sponsoring business for use in performance of its obligations under the Agreement. Payments shall be made by the City on a quarterly basis. • The sponsoring business agrees to perform maintenance according to the standards shown on Exhibit B (attached). • The term of the agreement is for five years. • Advertising signs (no more than two per quadrant) will depict the logo of the sponsoring business. The signs shall not exceed the dimensions of 24 inches x 18 inches. The City will be responsible for the purchase and maintenance of the signs. • City shall provide water for irrigation as well as maintain the irrigation system. There are still six quadrants of the Loop that are not as yet funded, although four of these quadrants have been spoken for. Staff recommended approval of this resolution. (40.) Resolution No. 2002-RO362 authorizing the Mayor to execute a change order in the amount of $44,536 with Brown -McKee, Inc. for additional pipe material and the expansion of the Motor Control Building to house the pump controls to be located at the City of Lubbock Southeast Water Reclamation Plant. RESOLUTION NO. 2002-RO362 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 Change Order No. 1 to a contract (Bid No. 096-02/13M) with Brown -McKee, Inc., for an addition to house controls for additional pumps being installed at the Lubbock Water Reclamation Plant, a copy of which Change Order 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. 177 Regular City Council Minutes September 17, 2002 Page178 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer -Public Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order No. 1 is filed with Resolution No. 2002-R0362. The original contract with Brown -McKee, Inc. was for two vertical turbine pumps and two 450 HP motors to be installed at the City of Lubbock Southeast Water Reclamation Plant. The pump and motors are necessary for the expansion of the effluent distribution system. The addition of these pumps will help achieve TNRCC compliance for water discharge to the Lubbock and Hancock Land Application Sites and will allow for Stream Discharge. The change order is for additional pipe work necessary to connect one of the pumps to the existing system and the expansion of the motor control building necessary to house the pump control, drive, and transformer. Staff recommended approval of this resolution. The next item to be considered was Item 42. (41.) Resolution No. 2002-RO377 authorizing the Mayor to execute a contract extension between the City of Lubbock and Barbara T. McCall & Associates for consulting services with regard to federal legislation and agencies. RESOLUTION NO. 2002-RO377 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 the City of Lubbock and Barbara T. McCall Associates, Inc. for federal legislative consulting services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 178 Regular City Council Minutes September 17, 2002 Page 179 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tony M. Privett Tony Privett Corporate Communications 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-R0377. This item was moved to Regular Agenda and was considered following Item 36. The City requires the services of a presence in Washington, DC to facilitate our federal legislative agenda, to assist our Congressional delegation with City issues, and to provide direct interaction with federal agencies on a consistent basis. In order to have a presence in Washington in a cost-effective manner, the City of Lubbock joined together with three other Texas cities to employ Ms. McCall as a legislative consultant. The company has been instrumental in obtaining grants and monitoring issues affecting Lubbock. Tony Privett, Director of Communications and Legislation, gave staff comments. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2002-RO377 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item to be considered was Item 55. (42•) Resolution No. 2002-RO363 authorizing the Mayor to enter into a Vendor Agreement for the Comprehensive Energy Assistance Program between Lubbock Power and Light and Guadalupe Economic Services Corporation. RESOLUTION NO. 2002-RO363 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 Vendor Agreement for the Comprehensive Energy Assistance Program between Lubbock Power & Light (LP&L) and Guadalupe Economic Services Corp. and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 179 Regular City Council Minutes September 17, 2002 Page 180 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade Assistant City Attorney - LP&L A copy of said Agreement is filed with Resolution No. 2002-R0363. This item was considered following Item 40. In essence, the agreement will allow clients of Guadalupe Economic Services Corporation (Guadalupe) to avoid utility disconnection even though their accounts are delinquent and eligible for disconnection. Lubbock Power and Light will honor a pledge approved by Guadalupe for up to thirty days and will not disconnect utility service as long as the amount pledged covers the disconnection amount. After thirty days, if the account remains unpaid, LP&L will disconnect this customer. This approach will increase the customers. Without this contract, from these customers. payments to LP&L from these �- LP&L may never see the revenues Staff recommended approval of this resolution. (43.) Resolution No. 2002-RO364 authorizing the Mayor to execute a contract for services with the Texas Tech Health Sciences Center School of Medicine Department of Pediatrics Child Advocacy Research and Education (C.A.R.E.) Center. RESOLUTION NO. 2002-RO364 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 Services in Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E. Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Minutes September 17, 2002 Page 181 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude T. Jones Claude Jones, Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0364. This is a renewal of the contract that is currently in existence between the City of Lubbock and the C.A.R.E. Center. The C.A.R.E. Center conducts physical and laboratory examinations of juvenile victims of sexual assault and/or abuse that are referred to them by the Lubbock Police Department. The contract calls for the City of Lubbock to pay the C.A.R.E. Center $450 per child referred to and examined by the Center. Staff recommended the execution of this agreement. (44.) Resolution No. 2002-R0365/BID #141-02/BM-for Litter Collection at Sam Wahl Recreational Area - Annual Pricing (Water Reservoir). RESOLUTION NO. 2002-RO365 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 litter collection at Sam Wahl Recreation Area - annual pricing, by and between the City of Lubbock and West Texas Centers for MHMR of Big Spring, 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 181 Regular City Council Minutes September 17, 2002 Page 182 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-R0365. This bid establishes annual pricing for the weekly collection of litter, trash and garbage deposited on the grounds of the Sam Wahl Public Access Recreational Area at Lake Alan Henry. Public use of the recreational area has increased by approximately 30 % per year resulting in an increase in the amount and distribution of litter and trash on the grounds. Litter and trash collection from the grounds of the Recreational Area is necessary to keep the area clean, sanitary and free of putrescent trash. Each collection "cycle" is defined as travel to the property, the time spent to collect litter from the grounds, and return travel. The service schedule will be performed through the calendar year as follows: One cycle per week from November through February, two cycles per week in March and April, and three cycles per week from May through October. The service areas are generally described as all paved road right-of-way, all unpaved roads and right-of-way on the Recreational Area, all of the paved parking lot area and areas surrounding the parking lot, the boat ramp area, the fishing pier area, and all numbered camp sites (a total of 100 +/- numbered primitive sites). The contractor will provide their own insurance, vehicle, crew and crew leader, trash bags, and tools used by the crew to pick up litter. Each crewmember must wear a bright orange safety vest at all times while on the property. The vehicle used by the contractor must be clearly marked and the contractor must perform the service regardless of weather or road conditions on the scheduled day of service. When the day of the week of service is specified (March - October), the contractor must perform the service on those specified days regardless of State, Federal, or local holidays. The low bid is $18,080 annually from West Texas Centers for Mental Health and Mental Retardation of Big Spring, Texas and is within the Utilities Sanitation budget. (45.) Resolution No. 2002-R0366; Resolution No. 2002-R0367; Resolution No. 2002-R0368; Resolution No. 2002-R0369; Resolution No. 2002- R0370; Resolution No. 2002-R0371/BID #151-02/RS-for Lube and Oil Services (Fleet Services). RESOLUTION NO. 2002-RO366 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 lube and oil services, by and between the City of Lubbock and Bolton Oil Company, 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. 182 Regular City Council Minutes September 17, 2002 Page 183 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-RO366 RESOLUTION NO. 2002-RO367 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 Tube and oil services, by and between the City of Lubbock and Express Car Care, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-R0367. 183 Regular City Council Minutes September 17, 2002 Page 184 RESOLUTION NO. 2002-RO368 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 lube and oil services, by and between the City of Lubbock and Master Lube Express 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-R0368. RESOLUTION NO. 2002-RO369 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 lube and oil services, by and between the City of Lubbock and Sundance Car Wash, L.L.P. 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 184 Regular City Council Minutes September 17, 2002 Page 185 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-R0369. RESOLUTION NO. 2002-RO370 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 lube and oil services, by and between the City of Lubbock and Woody Tire Company, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-R0370. RESOLUTION NO. 2002-RO371 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 lube and oil services, by and between the City of Lubbock and Mr. Oil 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. .&I Regular City Council Minutes September 17, 2002 Page 186 Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-R0371. This bid establishes annual pricing for Tube and oil services for the City's fleet of light duty vehicles. In order to ensure adequate coverage for remote locations throughout the City, staff recommended contract award to multiple vendors based on cost and location. Staff recommended contract award to the following companies providing oil changes under $20: Bolton Oil Company of Lubbock, TX Express Car Care of Lubbock, TX Master Lube Express of Lubbock, TX Mr. Oil of Lubbock, TX Sundance Car Wash of Lubbock, TX Woody Tire Company of Lubbock, TX (46.) Resolution No. 2002-R0372/BID #160-02/BM-for North University Facade Renovations (Community Development). RESOLUTION NO. 2002-RO372 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 North University fagade renovations, by and between the City of Lubbock and Minnix Commercial 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. lot Regular City Council Minutes September 17, 2002 Page 187 Passed by the City Council this 17th day of September, 2002. 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 /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR CnNTR A CT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 17th day of September, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Minnix Commerical, 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 #160-02/13M - NORTH UNIVERSITY FACADE RENOVATIONS - $59,700.00 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. 187 Regular City Council Minutes September 17, 2002 Page 188 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton, Jr. Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Constance E. Minnix CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Minnix Commerical BY: /s/ Tim Minnix PRINTED NAME: Tim Minnix TITLE: President COMPLETE ADDRESS: Minnix Commerical 14302 S. Slide Road Lubbock, TX 79424 This bid is for the North University Fagade Project Phase II and involves the revitalization of the business district located along North University Avenue. Three buildings were identified as requiring exterior improvements (Tanner's Automotive, Pollard Used Cars, and Wright Sales). The goal of this phase of the project is to add to the improvements that have already been made in the area. Previous improvements have been completed using both private and public funds. Continuing construction is expected to stimulate future private investment in the area. The project will be funded with funds from the City's Community Development Block Grant allocation. The low bid is $59,700 from Minnix Commercial, of Lubbock, Texas and is within the Community Development Block Grant allocation. (47.) Resolution No. 2002-R0373/BID #162-02/RS-for City of Lubbock Health Department Interior Renovations (Health Department). RESOLUTION NO. 2002-RO373 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 City of Lubbock Health Department interior renovations, by and between the City of Lubbock and Minnix Commercial 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Minutes September 17, 2002 Page 189 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 17th day of September, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Minnix Commerical, 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 #162-02/RS — CITY OF LUBBOCK HEALTH DEPARTMENT INTERIOR RENOVATIONS - $330,680.00 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 CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR Secretary APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer 10/10/02 CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney Minnix Commerical Bv: /s/ Tim Minnix PRINTED NAME: Tim Minnix TITLE: President .11 Regular City Council Minutes September 17, 2002 Page 190 ATTEST: Corporate Secretary /s/ Constance E. Minnix COMPLETE ADDRESS: Minnix Commerical 14302 S. Slide Road Lubbock, TX 79424 This project involves the interior renovations to the first and second floors of the City of Lubbock Health Department. The second floor will have all existing partitions removed and reconfigured with new walls and finishes for new office space, conference room, and reception area. The first floor renovation will include new partitions for office space, toilet room renovations, and the addition of new gypsum board over existing partitions for sound absorption, allowing better service to our clients. The low bid is $330,680 from Minnix Commercial of Lubbock, Texas and is within the Buildings Capital Outlay -Health and Community Services Center budget. (48.) Resolution No. 2002-R0374/BID #172-02/BM-for Two -Year Pricing for HIV 1/2 Test Kits and Equipment (Health Department). RESOLUTION NO. 2002-RO374 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for two year pricing of HIV 'h EIA test kits and equipment, by and between the City of Lubbock and Bio-Rad Laboratories, Inc. of Redmond, Washington and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Letter of Award is filed with Resolution No. 2002-R0374. This bid establishes two-year firm pricing for the purchase of HIV-1 and HIV-2 combination test kits and equipment. These test kits are used for the detection of HIV-1/2 antibodies and to screen STD patients for HIV infections. The only bid received that met specifications is from BioRad Laboratories, with whom the City of Lubbock Laboratory has had 190 Regular City Council Minutes September 17, 2002 Page 191 continued satisfaction over the past several years. BioRad's reagent and reagent rental equipment meet the needs of the laboratory. The low bid is $18,144 from BioRad Laboratories of Redmond, Washington and is within the Chemical Supplies budget. (49.) Resolution No. 2002-R0375/RFQ #184-02/BM-for Valve Purchase for the Effluent Pipeline Addition (Public Works). RESOLUTION NO. 2002-RO375 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 for a valve for the effluent pipeline addition, by and between the City of Lubbock and Western Industrial Supply, L.L.C. of Lubbock, 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 17th day of September, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, 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-R0375. This bid is for the purchase of various valves and fittings necessary for the expansion of the effluent distribution system from the City of Lubbock Southeast Water Reclamation Plant. The proposed valves are necessary for the construction of a three-mile segment of pipeline between Jones Station and the Hancock Land Application Site valve station. This addition will help achieve Texas Commission on Environmental Quality (TCEQ, formerly TNRCC) compliance for water discharge to the Lubbock and Hancock Land Application Sites and will allow for stream discharge. The low bid meeting specifications and time requirements for delivery is $51,931.41 from Western Industrial Sales of Lubbock, Texas and is within the Southeast Water Reclamation Plant 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. 191 Regular City Council Minutes September 17, 2002 Page192 The next item to be considered was Item 32. ORDINANCES FOR PASSAGE Second Reading (50.) ORDINANCE #2002-00095-Approving and adopting a budget for Fiscal Year 2002-03 and approving final revisions to the Fiscal Year 2001-02 budget for the City of Lubbock (second and final reading). This item was held over until the next council meeting, which will be held September 26, 2002. (51.) ORDINANCE #2002-00096-Setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 2002 (second and final reading). This item was held over until the next council meeting, which will be September 26, 2002. (52.) ORDINANCE #2002-00097-Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regards to rates charged for water services (second and final reading). This item was held over until the next council meeting, which will be September 26, 2002. (53.) ORDINANCE #2002-00098-Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with regard to rates charged for sewer services (second and final reading). This item was held over until the next council meeting, which will be September 26, 2002. ADMINISTRATIVE SERVICES Finance (54.) Resolution No. 2002-RO350 declaring expectation to reimburse expenditures for costs of public works projects in North Overton Area Tax Increment Financing Reinvestment Zone with proceeds of future debt. RESOLUTION NO. 2002-RO350 A RESOLUTION declaring expectation to reimburse expenditures for costs of public works projects in the North Overton Area Tax Increment Financing Reinvestment Zone with proceeds of future debt. WHEREAS, the City of Lubbock, Texas (the "City") plans to issue tax exempt Obligations to finance the costs of public works projects in North Overton Area Tax Increment Financing Reinvestment Zone, City of Lubbock, Texas, to wit: street improvements, including land acquisition, drainage, utilities, signage, lighting, curbs, gutters, landscaping, park improvements and storm sewer improvements (collectively, the "Projects"); and WHEREAS, prior to the issuance of such obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations; and WHEREAS, under Treas. Reg `1-150-2 (the "Regulation)", an official intent to reimburse expenditure with the proceeds of tax exempt obligations must be made within 60 days of the date of the original expenditure; and, WHEREAS, the City desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. 192 Regular City Council Minutes September 17, 2002 Page 193 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT the City :reasonably expects to reimburse capital expenditures with respect to the Projects paid with funds on hand from the proceeds of sale of tax exempt obligations hereafter to be issued, and this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal mount of tax exempt obligations expected to be issued for the Projects is $3,270,000. PASSED AND ADOPTED this Sept. 17, 2002. CITY OF LUBBOCK, TEXAS /S/ T. J. PATTERSON T. J. Patterson, Senior Council Member ATTEST: /s/ Rebecca Garza City Secretary This was the first item considered. The City of Lubbock plans to issue tax exempt obligations to finance the costs of public works projects in North Overton Area Tax Increment Financing Reinvestment Zone for the purpose of street improvements, including land acquisition, drainage, utilities, signage, lighting, curbs, gutters and landscaping ("Projects"). Prior to the issuance of these obligations, the City will make expenditures for the Projects from existing funds on hand, and it is the intent of the City to reimburse such funds with the proceeds of sale of such obligations. The bonds could be sold as early as November, 2003, but are expected to be sold within the 2004-2005 fiscal year. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $1,010,000. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2002-RO350 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal recused himself. Next item to be considered was ]Item 14. DEVELOPMENT SERVICES (55.) Resolution No. 2002-RO378 authorizing the Mayor to execute an agreement for design engineering services with Hugo Reed & Associates, Inc. for the 981h Street Storm Sewer Project from west of Frankford Avenue to Lake No. 93. 193 Regular City Council Minutes September 17, 2002 Page 194 RESOLUTION NO.2002-RO378 98' STREET STORM SEWER PROJECT from PROPOSED DETENTION BASINS WEST OF FRANKFORD AVENUE TO PLAYA LAKE 93 CONTRACT FOR ENGINEERING SERVICES THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § THIS CONTRACT is made by and between the City of Lubbock, Texas, hereinafter called the OWNER, and Hugo Reed and Associates, Inc., hereinafter called HRA. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the OWNER and HRA do mutually agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective when fully executed by both parties. The effective date of this contract shall be September 17, 2002. The Project Contract Period shall be five (5) months, beginning on the date that HRA receives written Notice to Proceed from the OWNER. HRA will not begin work or incur costs until so authorized in writing by the OWNER. ARTICLE 2. SCOPE OF SERVICES HRA will provide the professional services described in Attachment A, "Project Scope and Services." The OWNER will furnish services described in Attachment B, "Services to be provided by OWNER." ARTICLE 3. COMPENSATION The maximum amount payable under this contract for Basic Services and Basic Reimbursables shall not exceed $ 150,730.00. Payment is authorized for costs incurred in accordance with the fee schedule attached hereto and labeled Attachment C, "Basis for Payment." HRA is authorized to submit periodic requests for payment within thirty days after costs are incurred as authorized herein. The request for payment shall be made using forms acceptable to the OWNER and shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current billing. All requests for payment will be mailed to the address shown on the signature page of this contract. ARTICLE 4. WORK AUTHORIZATION The OWNER will authorize the work as described in Attachment A to be performed by HRA by the execution of this contract. The total cost authorized shall not exceed the maximum amount payable established in Article 3, "Compensation," nor shall completion dates extend beyond the end of the contract period established in Article 1, "Contract Period", unless either is authorized by amendment as provided hereinafter. ARTICLE 5. PROGRESS Upon acceptance of a work authorization, HRA shall undertake and complete the authorized work. The OWNER or HRA can request conferences to be provided at HRH's office, the office of the OWNER, or at other agreed upon locations. 101 Regular City Council Minutes September 17, 2002 Page 195 ARTICLE 6. INSPECTION OF WORK The OWNER and any of their authorized representatives have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of HRA, HRA shall provide all reasonable facilities and assistance for the convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 7. AMENDMENTS If it becomes necessary at any time during the contract period to change the scope of work, the contract period, the maximum amount payable, the complexity, or the character of this contract, an amendment must be prepared and executed within the contract period established in Article 1 above. Any such amendment will be made in writing agreed to by all parties hereto and duly executed before the end of the contract period specified in Article 1 above. ARTICLE 8. SUSPENSION OF WORK Should the OWNER desire to suspend the work but not terminate the contract, the OWNER will issue a written order to stop work setting out the terms of the suspension. HRA will stop all work and cease to incur costs during the term of the suspension. HRA will resume work when notified to do so in writing by the OWNER. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, a contract amendment will be executed in accordance with Article 7, "Amendments." ARTICLE 9. REPORTING HRA shall promptly advise the OWNER in writing of events which have a significant impact upon the contract, including: Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules and goals, or preclude the attainment of project work units by established time periods. A statement of the action taken or contemplated shall accompany this disclosure. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 10. RECORDS HRA agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for seven years from the date of final payment under the contract for inspection by the OWNER or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. ARTICLE 11. OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract, all documents prepared by HRA or furnished to HRA by the OWNER shall be delivered to and become the property of the OWNER. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the OWNER without restriction or limitation on their further use, however, re -use of any documents by OWNER or others for any purpose other 195 Regular City Council Minutes September 17, 2002 Page 196 than originally intended and specific to this Project shall be at the sole risk of the user, and HRA shall bear no liability for such re -use. HRA may, at its own expense, have copies made of the documents or any other data furnished the OWNER under this contract. ARTICLE 12. HRA RESOURCES HRA warrants that the firm presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the OWNER. Unless otherwise specified, HRA shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of HRA or of any subcontractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of HRA or any subcontractor who, in the opinion of the OWNER, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. ARTICLE 13. SUBCONTRACTS HRA shall not subcontract or otherwise transfer any portion of the work authorized in this contract unless specifically authorized in writing by the OWNER. HRA will require any subcontractors to comply with the applicable terms of this contract. ARTICLE 14. SUCCESSORS AND ASSIGNS The OWNER and HRA each bind itself, its successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. HRA shall not assign, subcontract, or transfer its interest in this agreement without the written consent of the OWNER. ARTICLE 15. CERTIFICATE OF INSURANCE HRA shall provide the OWNER with evidence that it has insurance coverage in accordance with a current "Certificate of Insurance," which will indicate all insurance currently being maintained in full force and effect by HRA. The insurance and limits will be reviewed by the OWNER'S Risk Management Coordinator. HRA will not commence work until the OWNER has reviewed and approved the insurance coverage. ARTICLE 16. DISPUTES HRA shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by HRA in support of the work authorized herein. ARTICLE 17. REMEDIES Violation or breach of contract terms by HRA shall be grounds for termination of the contract, and any increased cost to the OWNER arising from HRA's default, breach of contract, or violation of terms shall be paid by HRA. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 18. TERMINATION This contract may be terminated before the completion date established in Article 1, "Contract Period," by any of the following conditions: A. By mutual consent and agreement of both parties hereto. B. By the OWNER, with notice in writing to HRA as consequence of failure by HRA to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of HRA. 196 Regular City Council Minutes September 17, 2002 Page 197 C. By either party, upon the failure of the other party to fulfill its obligations as set forth in the Scope of Services attached hereto and labeled Attachment A and Attachment B, giving written notice one to the other establishing the effective date of termination. D. By the OWNER, for reasons of it's own and not subject to the mutual consent of HRA, upon not less than thirty days written notice to HRA. E. By satisfactory completion of all services and obligations described herein. Should the OWNER terminate this contract as herein provided, costs other than costs due and payable at the time of termination shall thereafter be paid to HRA. In determining the value of the work performed by HRA prior to termination, the OWNER shall be the sole judge. Payment for work at termination will be based on work completed at that time, including partially completed surveys, subject to the conditions established in the paragraph following. In the case of partially complete projects, eligible costs will be calculated on the number of hours documented to the satisfaction of the OWNER multiplied by the hourly rate for the appropriate personnel plus any additional cost authorized in Attachment C, "Basis for Payment," incurred to the date of termination remaining unpaid. If HRA defaults in performance of this contract or if the OWNER terminates the contract for fault on the part of HRA, the OWNER will give consideration to the actual work performed to the date of default, the cost to the OWNER of employing another firm to complete the required work, and the time required to do so, and other factors which affect the value to the OWNER of the work performed at the time of default. If the termination of this contract is due to the failure of HRA to fulfill its obligations, the OWNER may take over the project and prosecute the work to completion by contract or otherwise. In such case, HRA shall be liable to the OWNER for any additional cost occasioned the OWNER thereby. ARTICLE 19. COMPLIANCE WITH LAWS HRA shall comply with all Federal, State, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, HRA shall furnish the OWNER with satisfactory proof of compliance therewith. ARTICLE 20. INDEMNIFICATION HRA shall save harmless and indemnify the OWNER from all claims and liability due to activities of HRA, its agents, or employees, performed under this contract, in whole or in part, which result from an error, omission, or negligent act of HRA or of any agent or person employed by HRA. HRA shall also save harmless the OWNER from any and all expenses, including attorney fees which might be incurred by the OWNER in litigation or otherwise resisting said claim or liabilities which might be imposed on the OWNER as the result of such activities by HRA, its agents, or employees. ARTICLE 21. SIGNATORY WARRANTY The undersigned signatory for Hugo Reed and Associates, Inc. hereby represents and warrants that he is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The undersigned signatory for the OWNER hereby represents and warrants that he/she has full and complete authority to enter into this contract on behalf of this organization. 197 Regular City Council Minutes September 17, 2002 Page 198 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed, but this contract shall not be valid until signed by a duly authorized representative of each party. HUGO REED AND ASSOCIATES, INC. /s/ Stevan M. Coleman Stevan M. Coleman, P.E., Vice -President CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Marc McDougal, Mayor APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer Mailing Addresses: Attest: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract/Manager Attorney For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims and correspondence: For: Attn Hugo Reed and Associates, Inc. 1601 Avenue N Lubbock, TX 79401 Mr. Bernard J. Gradel, Jr., President For: City of Lubbock 1625 13t' Street Lubbock, Texas 79401 Attn: Mr. Larry Hertel, P. E. This item was considered following Item 41. The area in the vicinity of 98`h Street and Frankford Avenue has been identified to potentially have flooding problems. There was funding included in the 1999 Bond Election for a storm sewer in the 981h Street paving project from Slide to Frankford to reduce the anticipated height of storm runoff at the Frankford intersection. New development within this drainage area has increased the storm water runoff to the maximum height of water at the Frankford intersection allowed by the City's Drainage Criteria Manual. There is a significant amount of undeveloped property remaining in this drainage area contributing to the problem at the Frankford intersection. The developers/landowners in this drainage area joined together, and with City staff, in proposing a solution to this problem in order to continue development. Several detention basins are being proposed on privately owned land west of Frankford. A storm sewer to drain the basins is proposed in 98'' Street. The City participation in this project is the storm sewer in 98`h Street draining the detention basins into Lake 93 (south of 98`h and west of Slide). This proposed storm sewer would be installed instead of the planned storm sewer originally proposed with the 981h Street paving project. This alternative is supported by the staff as being a superior solution to the street -flooding problem. The detention basins will intercept the runoff before it gets to the Frankford intersection resulting in much lower depth of flow in 981h Street. Regular City Council Minutes September 17, 2002 Page 199 The preliminary cost of this storm sewer is estimated to be approximately the same as the funding established for the storm sewer proposed with the 98`' Street paving project. This agreement with Hugo Reed is for the detailed plans, specifications, and estimates (PS&E) for this storm sewer project. Hugo Reed was selected because they have a large amount of knowledge and experience related not only to the problems and solutions of Lubbock drainage, but also are very knowledgeable about this specific problem area. Their work on other projects, including the South Central Storm Sewer Project, make Hugo Reed very qualified to perform these engineering services. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2002-RO378 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (56.) Consider the placement of certain information regarding convicted sexual predators/offenders and convicted rapists on Lubbock Cable Channel 6 and take appropriate action. This item was held over until the next council meeting, which will be September 26, 2002. (57.) Consider one appointment to the Housing Finance Corporation Board. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Don Graham to the Housing Finance Corporation Board. Motion carried: 4 Yeas, 0 Nays. (58.) Consider five appointments to the Airport Board. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Frank Treadway and reappoint Steve Hurt, Calvin Jackson -Davis, Floyd Greer and Ruth Schiermeyer to the Airport Board. Motion carried: 4 Yeas, 0 Nays. (59.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Kim Murrell to the Board of Electrical Examiners. Motion carried: 4 Yeas, 0 Nays. (60.) Consider one appointment to the Citizen Traffic Commission. Motion was made by Council Member Morrison, seconded by Council Member Martin to reappoint David Miller to the Citizen Traffic Commission. Motion carried: 4 Yeas, 0 Nays. (61.) Consider three appointments to the Urban Design/Historic Preservation Commission. Motion was made by Council Member Morrison, seconded by Council Member Martin to reappoint Daniel Sanchez, Betty Wagner and John White to the Urban Design/Historic Preservation Commission. Motion carried: 4 Yeas, 0 Nays. (62.) Consider eleven appointments to Youth Commission Students. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint Jon Anderson, Elizabeth Hooker, John Lackey, Shelby Pritchard, Zach Balch, Edrick Dunn, Hayley King, Alex Martinez, Dustin Parker, Luebano Ramiro and Ebba Zechariah to the Youth Commission - Students. Motion carried: 4 Yeas, 0 Nays. 199 Regular City Council Minutes September 17, 2002 Page 200 (63.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Council Member Morrison, seconded by Council Member Martin to appoint J. Q. Warnick from Alternate to Member and Jay House as Alternate to the Zoning Board of Adjustment. Motion carried: 4 Yeas, 0 Nays. 11:52 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All Council Members were present except Council Members Cooke, Hernandez and Patterson. 12:34 P.M. COUNCIL RECONVENED 12:35 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved this. day of MARC MCDOU,GAL, MAYOR ATTEST: Rebecca Garza, City Secretary /ll