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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 22, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of February, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember T.J. Patterson Absent: Mayor Sitton and Councilmember Nelson CITIZEN COMMENTS No one appeared to express comments to the Council EXECUTIVE SESSION Mayor Pro Tern Cooke 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 deliberate, vote and take final action on a competitive matter regarding wholesale energy sales/contracts by the City of Lubbock (Electric Utilities); to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities (Electric Utilities); to discuss pending or contemplated litigation (Aviation; Engineering; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Lubbock Power and Light; Water Utilities). 7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. (1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.0086 to deliberate, vote and take final action on a competitive matter regarding wholesale energy sales/contracts by the City of Lubbock (Electric Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.0086 to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, disposition, construction or exchange of transmission/distribution facilities (Electric Utilities). Regular City Council Meeting February 22, 2001 Page 104 (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Aviation; Engineering; Water Utilities). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Keep Lubbock Beautiful Advisory Committee Libraries Board Neighborhood Redevelopment Commission Zoning Board of Adjustment (7.) 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 (Fire Department; Lubbock Power and Light; Water Utilities). 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (8.) Review of redistricting principles and legal parameters for 2001 after the 2000 census. David M. Guinn and Michael D. Morrison (20 minutes). In March of 2001 the Census Bureau will release the Census data for 2000. This new data will require redistricting of the Lubbock Council districts to comply with the "one man one vote" concept of approximately equally populated districts. The firm of Morrison & Guinn has been engaged under the City Manager authority to initiate Lubbock's process because of their expertise on redistricting for several reasons: • The Federal Court system and U.S. Justice Department have evolved to different positions than in 1990. • Demographics of Lubbock have changed, and 1980 Census data was used in the establishment of the original Lubbock City Council districts. • The Census Bureau has made changes in reporting categories of Census data (numerous racial/ethnic categories). The credentials of the firm of Morrison & Guinn include not only extensive background in redistricting in Texas but also local redistricting experience. One of the principals also held an elective office position as Mayor of Waco. (9.) Review urban design background and zoning on the Marsha Sharp Freeway corridor. Jim Bertram, Director of Strategic Planning (20 minutes). In preparation for the upcoming zone case along the Marsha Sharp Freeway to IHC Zoning, Jim Bertram gave the City Council an overview of how the design of the Marsha Sharp Freeway and the adjacent land uses will impact Urban Design in Lubbock. In accomplishing this, Jim gave the Council members a historical perspective of major initiatives that have framed the issue of urban 104 Regular City Council Meeting February 22, 2001 Page 105 design in Lubbock and the impact that the Marsha Sharp Freeway will have on that image in the future. 10:40 A. M. WORK SESSION RECESSED 10:55 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor Sitton Mayor Pro Tern Cooke called the meeting to order at 10:55 A. M. (10.) Pastor Jim Scott, First Foursquare Church, gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Neighborhood Redevelopment Commission Receiving: Fred Wagner CITIZENS APPEARANCES (12.) TIBH Industries and the Texas Council on Purchasing from People with Disabilities recognized and presented an award plaque to the City of Lubbock in recognition of the City as a Top Ten Customer. The City of Lubbock utilizes the services of Goodwill of Lubbock for their custodial services. Goodwill is a subsidiary of TIBH Industries. The City of Lubbock was awarded a plaque in recognition of being a Top Ten Customer statewide. The award was presented by Meg Pfluger, Chairperson of the Texas Council on Purchasing from People with Disabilities, and Ron Bartels, State Marketing Manager of TIBH, Industries. Others in attendance were: Larry Sargee, Sales Representative, TIBH Industries, Dr. Julie Smith -Morrow, CEO Goodwill of Lubbock, and Debbie Edwards, Vocational Director, Goodwill of Lubbock. The City of Lubbock was presented with a plaque and recognized by the IBH and Texas Council on Purchasing from People with Disabilities. Victor Kilman, Purchasing Manager accepted on behalf of the City of Lubbock. (13.) Presentation of a special recognition to the Texas Society of Professional Engineers commemorating February 18-24, 2001 as National Engineering Week in Lubbock. Beginning in 1951, U.S. Presidents have named this week as National Engineering Week. Engineers have made numerous contributions that have improved the quality of life in Lubbock and in the South Plains by making sound engineering decisions based upon the health, welfare and safety of our citizens. The South Plains Chapter of the Texas Society of Professional Engineers will celebrate the 50`' anniversary of National Engineering Week by hosting activities for area engineers during the 105 Regular City Council Meeting February 22, 2001 Page 106 week of February 18-24. Accepting the special recognition was Marsha Reed, President of the South Plains Chapter of the Texas Society for Professional Engineers. A 30-second video regarding National Engineering Week was shown at this time. A special recognition was presented to the Texas Society of Professional Engineers commemorating February 18-24, 2001 as National Engineering Week in Lubbock. Besides Marsha Reed, other engineers in attendance were: Allan Wolfe, Greg Horne and Sean Cudnoski with Parkhill, Smith and Cooper, Inc. and Clayton Black, Contech Construction Materials, Inc. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things about Lubbock. No. 10 is LIA. Will Rogers would say that Lubbock International Airport "Ain't no fly-by-night outfit." With almost 600,000 boardings annually, our airport is served by four airlines with jet service: Continental, American Airlines' affiliate American Eagle, Delta Airlines' affiliate Atlantic Southwest Airline, and Southwest Airline. That's more than just peanuts! With the renovations to our airport now complete, it truly is a state of the art facility. It is an attractive gateway to our city, from which we have open access to our entire community and the region, and it is one of the most efficient and functional airports in the southwest. Like everything else in Lubbock, the LUBBOCK INTERNATIONAL AIRPORT is reaching greater heights these days. No. 9 is Unpretentious. In the tradition of the "Wild West", we are straight shooters in Lubbock. What you see is what you get. We are so intensely proud of the people and the quality of life in Lubbock that we -- don't need to embellish or put on any airs and make it appear any better than it is. Lubbock is already the best place to live and work in the United States, and we're darn proud of that. No. 8 is Backyard Tourism. Whenever spring break rolls around and we make plans "to get out of town," think about what we have to offer right here in Lubbock and West Texas - right here in our own backyard. We have a one -of -a -kind National Ranching Heritage Center and the American Wind Power Center, with almost 200 windmills. We have three nationally acclaimed award winning wineries. We have the Texas Tech Museum and Planetarium, and the Lubbock Lake Landmark Historical Park that reveals a 12,000 year archeological history of this particular region. Don't forget the Buddy Holly Center, which "Peggy Sue" says is fantastic, and the soon -to -open Silent Wings Museum of WWII Glider Planes. Take a moment to look in your own backyard and see what your community has to offer. No. 7 is Baseball. With Texas Tech's nationally ranked baseball team year -in and year -out leading the way, Lubbock is known as a baseball city throughout the state. With Monterey's four State Championships leading the way, every high school in Lubbock has been in the state playoffs in recent history. Little League teams abound, as does the parental support for such worthwhile youth programs. Lubbock has never failed to step up to the plate every year when that familiar sound of "Play Ball" rings out in the many baseball diamonds across the city. No. 6 is Opportunities Unlimited. Where else but Lubbock do you have the opportunity to utilize the commercial resources of retail marketing 106 Regular City Council Meeting February 22, 2001 Page 107 area of over 550,000 people, yet still have enough room to stretch out and "live the country life"? Where else but Lubbock can you have the resources of a major university, a medical school, a law school, and all the cultural and educational opportunities that higher education brings west of I-35? Where else can you drive in less than 20 minutes to an International Airport and fly anywhere in the world? Where else but Lubbock can you wake up on the second Thursday of the month and decide you want to walk into City Hall and stand in the same room with your elected officials and say "I want to tell you what's on my mind"? Lubbock - a city of opportunities. No. 5 is Cornbread and Beans Luncheon. Next Friday is the Mayor's Beans and Cornbread Luncheon for the benefit of Hospice of Lubbock. This worthy organization provides a valuable service to families struggling with the last stages of life here on Earth. Let us support this wonderful ministry that is totally dependent upon Lubbock's generous spirit of giving. No. 4 is Keep Lubbock Beautiful. We have a group of citizens working tirelessly to not only maintain the natural beauty that we have in Lubbock, but also to enhance our aesthetics through, in particular, the streetscape project and the intersections along the South Loop. Karen Malouf, the chairperson of that commission, and her efforts, along with the efforts of the Texas Department of Transportation, local businesses and our Parks Department, tell me that more beautiful projects are in the planning stages to ensure that Lubbock is as pretty on the outside as it is on the inside. No. 3 is YWCA Excellence. Not only is Lubbock's YWCA recognized nationally as one of the best for providing services in the community, it annually recognizes Women of Excellence within our community. These deserving women have displayed outstanding accomplishments in their fields of endeavor. Congratulations to Pat Maines, Maxine Willingham, Janie Landin Ramirez, Judge Judy Parker, Linda Lazarin Thomas, Dr. Myrna Armstrong, Mayor Windy Sitton, and Lauren Griffin. No. 2 is Elder Care. Lubbock is becoming the retirement center of West Texas, and that is primarily because of the excellent medical facilities that are available to all of us here in Lubbock. Not only is it a great economic benefit - the construction of new retirement homes, new Alzheimer's units, and new skilled nursing facilities - but also preserves the rich heritage of Lubbock's citizens in their elder years which enriches our culture and our family unit. No. 1 is Seasons by Four. How many times have you heard a person say they really do like Lubbock because it has a summer, a fall, a winter, and a spring. Four distinct seasons of the year which bless our city with nature's ever-increasing wonders. This underscores the slogan that Lubbock has been known for in the past - that it is not only a city for all seasons, but a great city for all reasons. CONSENT AGENDA (Items No. 14-41 Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve Items 14-41 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (14.) Approval of the minutes of the Regular City Council Meeting of February 8, 2001. 107 Regular City Council Meeting February 22, 2001 Page 108 (15.) Ordinance No. 2001-00014 abandoning and closing a 15-foot alley in the F. R. Friend's Addition to the City of Lubbock (2506 1" Street) (first reading). ORDINANCE NO.2001-00014 AN ORDINANCE ABANDONING AND CLOSING A 15 FOOT ALLEY IN THE F.R. FRIEND'S ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a north -south alley dedicated as the west 15-feet of the east half of Lot 21, Block 8, F. R. Friend's Addition. This alley is located just west of University Avenue and north of 1" Street. This area is being replatted into a larger commercial tract. The Right -of -Way Department has valued this alley area being closed at 20C per square foot from adjacent Appraisal District values for an amount due the City of: 15-feet x 125-feet = 1,876 square feet x 20c = $375. All utilities are in agreement. The Right -of -Way Department recommended the approval of this ordinance. (16.) Ordinance No. 2001-00015 abandoning and closing three guy wire easements located in the C.C. Knott Addition (5401 541h Street) (first reading). ORDINANCE NO. 2001-00015 AN ORDINANCE ABANDONING AND CLOSING THREE GUY WIRE EASEMENTS LOCATED IN THE C. C. KNOTT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes three LP&L 5.00-foot wide guy wire easements in the C.C. Knott Addition. One guy wire easement is located on the north side of Tract B-2, C.C. Knott Addition, adjacent to the south side of 54`' Street, and the other two guy wires are located on the east side of Tract B-1, C.C. Knott Addition, adjacent to the west side of Bangor Avenue. These easements are no longer needed by LP&L. The Right -of -Way Department recommended the approval of this ordinance. (17.) Resolution No. 2001-R0048 authorizing the Right -of -Way Department to make an offer to Ron Betenbough and Rick Betenbough for a 0.21 acre drainage easement located in Section 9, Block J-S, Lubbock County (1601 Milwaukee Avenue). RESOLUTION NO. 2001-R0048 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of 1: Regular City Council Meeting February 22, 2001 Page 109 additional land for municipal public use and purposes, to -wit: for Milwaukee Avenue widening project from 4`' Street to 34`' Street and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the drainage easement located on the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Ron Betenbough and Rick Betenbough, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,950.00 which is the amount appraised as the value and total damages for the drainage easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the drainage easement. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/ Office Practice Section A copy of Exhibit "A" is filed with Resolution No. 2001-R0048. This drainage easement is needed for the Milwaukee Avenue widening project from 4' Street southward to 34`h Street. This drainage easement is located along the east side of Milwaukee Avenue, north of 19`' Street. This east -west drainage easement is 75-feet wide by approximately 125 feet long and contains 0.21 acres or approximately 9,366 square feet. Tommy Cantrell was the appraiser of this parcel and Jimmy Goddard was the review appraiser. Mr. Cantrell appraised the easement at $5,950, which is our offer to the Betenboughs. This resolution authorizes the City to institute condemnation proceedings to acquire this property if this offer is refused. The Right -of -Way Department recommended the approval of our offer to the Betenboughs. 109 Regular City Council Meeting February 22, 2001 Page 110 (18). Resolution No. 2001-R0049 authorizing the Right -of -Way Department to make an offer to H.A. Sessions for an LP&L overhead electrical easement in conjunction with the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation Project (50`h Street and Milwaukee Avenue) Parcel IRR lE (2). RESOLUTION NO. 2001-R0049 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the overhead powerline easement to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 1E (2) H.A. Sessions $ 3,488.00 SECTION 2. THAT the above -described overhead powerline easement whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owner of the above -described overhead powerline easement BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for this respective parcel(s), which is the amount appraised as the value and total damages for the granting of a permanent overhead powerline easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent 110 Regular City Council Meeting February 22, 2001 Page 111 APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0049. This 10-foot by 4,430-foot LP&L overhead electrical easement is being acquired to replace an existing LP&L easement that is being relocated due to the construction of the railroad project. This new easement runs north to south and is located approximately where the west side of Milwaukee Avenue would be if it were ever dedicated. The easement was appraised by Jim Bowman, MAI, for an easement value of $3,488, which is our offer to Mr. Sessions. This resolution also authorizes the City to institute condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of our offer to Mr. Sessions. (19.) Resolution No. 2001-R0050 authorizing the Right -of -Way Department to make an offer to O.V. Sturgeon and Don Sturgeon for certain improvements located in the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation project, Parcel 1RR 1X (501' Street and Milwaukee Avenue). RESOLUTION NO. 2001-R0050 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on the following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME WALVAMINNI 1RR1X Don Sturgeon and O. V.Sturgeon $ 600.00 SECTION 2. THAT the improvements on the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described improvements on the parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the acquisition of the improvements, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated. 111 Regular City Council Meeting February 22, 2001 Page 112 Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of Exhibit "A" is filed with Resolution No. 2001-R0050. Certain improvements were omitted from the original appraisal of Parcel 1RR-1X (50`' and Milwaukee) and the tenant farmers, O.V. and Don Sturgeon, need to be reimbursed for them. These improvements include relocation of a water hydrant, a small corral, and a mobile home carport. Jim Bowman, MAI, inspected these improvements and made an appraisal valuing that improvement at $600, which is our offer to the Sturgeons. The Right -of -Way Department recommended the approval of our offer to the Sturgeons. (20.) Resolution No. 2001-R0051 authorizing the Mayor to execute a monitor well permit with Ince Oil Company for use of a City street (3305 Akron). RESOLUTION NO. 2001-R0051 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Ince Oil Company. 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. 112 Regular City Council Meeting February 22, 2001 Page 113 Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /c/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution 2001-R0051. This monitor well permit allows Llano -Permian Environmental to drill a monitor well in the east parkway of Akron Avenue, north of 33`d Street. At 2602 34`' Street is an Ince Oil Company gas station that the TNRCC has identified as having a leaking fuel tank and the TNRCC has requested that monitor well be drilled off site from this store to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this permit. The Right -of -Way Department recommended the approval of this monitor well permit. (21.) Resolution No. 2001-R0052, Resolution No. 2001-R0053 authorizing the Mayor to execute two agreements with Texas Energy Sources, Inc. for oil operating facilities adjustment or relocation in conjunction with the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation Project (north of Kent Street, east of Alcove Avenue). RESOLUTION NO. 2001-R0052 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated June 27, 1966, by and between M. T. Stanton et al and Tamarack Petroleum, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc. recorded in Volume 2262, Page 20, of the Property Records of Lubbock County. 113 Regular City Council Meeting February 22, 2001 Page 114 WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with Texas Energy Sources, Inc. to install a gas flare system at a tank battery on 1RR40X for the East-West Freeway Railroad Relocation Project. Said agreement is attached hereto and incorporated into the minutes of this Council as if fully set forth herein. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0052. Texas Energy Sources, Inc. of Midland has an underground oil pipeline and two tank batteries on parcels 1 RR 40X and 1 RR 41X of the railroad relocation project. They originally wanted $304,630 to relocate these two tank batteries and replace this oil pipeline. After much discussion, and a meeting with the Texas Railroad Commission, it was decided that installing a gas flare system on the two tank batteries would be adequate instead of relocating the tank batteries. The estimate for this, including the oil line, would have been $320,370. Staff had an appraiser visit with a company in Levelland who could do a flare system one -tank battery and splice the pipeline that needed to be lowered for $70,950. This estimate left out one of the tank batteries that was to be flared since it was a longer distance from the railroad tracks to this tank battery compared to the other. This offer was brought to the City Council on November 7, 2000 and the offer of $70,950 was made to Texas Energy Sources. They did not accept our counter offer, mainly because of liability questions. However, they have countered back a more reasonable alternative. This alternative allows Texas Energy Sources to flare the tank battery closest to the railroad for $133,975 on parcel 1 RR 40X, move the other tank battery northward to a site adjacent to the oil well for $127,005 on parcel 1 RR 41X and as part of this cost they will remove and vacate the existing oil pipeline. As part of this agreement, they will have this pipeline vacated by April 1, 2001, 114 Regular City Council Meeting February 22, 2001 Page 115 which is the date the railroad contractor will begin moving dirt on this property. This agreement between the City and Texas Energy Sources compensates them a total of $260,980. The Right -of -Way Department recommended the approval of this agreement with Texas Energy Sources. RESOLUTION NO. 2001-R0053 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in — Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR41X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 29, 1966, by and between McCleary Estate and Tamarack Petroleum, Lessee, and recorded in Volume 33, Page 276, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc., recorded in Volume 2217, Page 214, of the Property Records of Lubbock County. WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with Texas Energy Sources, Inc. to relocate certain oil and/or gas operating facilities on 1RR41X for the East-West Freeway Railroad Relocation Project. Said agreement is attached hereto and incorporated into the minutes of this Council as if fully set forth herein. Passed by the City Council this 22°d day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 115 Regular City Council Meeting February 22, 2001 Page 116 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0053 Texas Energy Sources, Inc. of Midland has an underground oil pipeline and two tank batteries on parcels 1 RR 40X and 1 RR 41X of the railroad relocation project. They originally wanted $304,630 to relocate these two tank batteries and replace this oil pipeline. After much discussion, and a meeting with the Texas Railroad Commission, it was decided that installing a gas flare system on the two tank batteries would be adequate instead of relocating the tank batteries. The estimate for this, including the oil line, would have been $320,370. Staff had an appraiser visit with a company in Levelland who could do a flare system one -tank battery and splice the pipeline that needed to be lowered for $70,950. This estimate left out one of the tank batteries that was to be flared since it was a longer distance from the railroad tracks to this tank battery compared to the other. This offer was brought to the City Council on November 7, 2000 and the offer of $70,950 was made to Texas Energy Sources. They did not accept our counter offer, mainly because of liability questions. However, they have countered back a more reasonable alternative. This alternative allows Texas Energy Sources to flare the tank battery closest to the railroad for $133,975 on parcel 1 RR 40X, move the other tank battery northward to a site adjacent to the oil well for $127,005 on parcel 1 RR 41X and as part of this cost they will remove and vacate the existing oil pipeline. As part of this agreement, they will have this pipeline vacated by April 1, 2001, which is the date the railroad contractor will begin moving dirt on this property. This agreement between the City and Texas Energy Sources compensates them a total of $260,980. The Right -of -Way Department recommended the approval of this agreement with Texas Energy Sources. (22.) Resolution No. 2001-R0054 authorizing the Mayor to execute an agreement with Tamarack Petroleum Company, Inc. for oil operating facilities adjustment or relocation in conjunction with the Marsha Sharp Freeway (aka East-West Freeway) Railroad Relocation project (north of Kent Street, east of Alcove Avenue). RESOLUTION NO. 2001-R0054 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHEREAS, Tamarack Petroleum Company, Inc. owns certain oil pipelines located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 27, 1966, by and between M. T. Stanton et al, and Tamarack Petroleum Company, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas. 116 Regular City Council Meeting February 22, 2001 Page 117 WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Tamarack Petroleum Company, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with Tamarack Petroleum Company, Inc. to relocate certain oil and/or gas operating facilities on 1RR40X for the East-West Freeway Railroad Relocation Project. Said agreement is attached hereto and incorporated into the minutes of this Council as if fully set forth herein. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of the Agreement is filed with Resolution No. 2001-R0054. Tamarack Petroleum Company, Inc. of Midland has one oil pipeline that the railroad will cross on Parcel 1 RR 40X. The initial offer to relocate and replace this 3,200-foot pipeline was $96,800. The City had an appraiser visit with a couple of oil field companies to determine if this pipeline could be spliced and lowered instead of being totally replaced. An estimate of $11,420 was given by an oil field operating company in Levelland to splice and lower a 300-foot section of the pipeline where the railroad tracks will be built. This offer was brought to the City Council on November 7, 2000 and staff made an offer to Tamarack for $11,420 for the splicing and lowering of this pipeline. They rejected this offer, mainly because of liability reasons. They would accept the $11,420 offer if the City would accept the future liability from any breaks, contamination, or explosions from this spliced pipeline. The City could not accept this liability. After visiting with our outside attorneys and because this pipeline adjustment needs to be completed by April 1, the staff agrees with the relocation cost of $96,500 submitted by Tamarack and it is incorporated into this agreement. The Right -of -Way Department recommended the approval of this agreement with Tamarack. 117 Regular City Council Meeting February 22, 2001 Page 118 (23.) Resolution No. 2001-R0055 authorizing the Mayor to execute a resolution releasing an 11,874 square foot portion of Texas Department of Transportation (TxDOT) right-of-way for TxDOT's sale (southeast corner Iola and Spur 327). RESOLUTION NO. 2001-R0055 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Section 36, Block A, Lubbock County, Texas, being a part of that 16.346 acre tract of land conveyed by S.E. McMillan and wife, L. B. McMillan to the State of Texas in Right -of -Way Deed recorded in Volume 851, Page 66, Deed Records of Lubbock County, Texas and adjoining that tract of land conveyed to the Lillie Catherine Mears Trust in Warranty Deed recorded in Volume 6912, Page 153, Real Property Records of Lubbock County, Texas; Whereas, the land specified is no longer needed for the use of citizens as a road; Whereas, a release of the right-of-way would enable an abutting landowner more efficient use of the land; Whereas, the Texas Department of Transportation has made this request of the City of Lubbock. Whereas, the property descriptions for said right-of-way are attached in Exhibits "A" & "B" of this resolution; NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not interpose any objection for the State to sell and release the said right-of-way to the abutting landowner. Adopted this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-R0055. TxDOT has been approached by the property owner at the southeast corner of Iola Avenue and Spur 327 to purchase a portion of Iola Avenue that was acquired by TxDOT several years ago. This portion of Iola Avenue was acquired for a north -south 110-foot wide thoroughfare, 55 118 Regular City Council Meeting February 22, 2001 Page 119 feet on each side. However, according to City street plans, Iola Avenue is to be 75 feet in width, 37.5 feet on each side. Therefore, that leaves a 17.50-foot tract of excess TxDOT row that TxDOT will sell to the abutting property owner, the Lillie Catherine Mears Trust. TxDOT has requested that we give our permission for this sale and this resolution accomplishes the request. The City's Traffic Engineering Department and Street/Drainage Department have approved this street sale. The Right -of -Way Department recommended the approval of this resolution. (24.) Resolution No. 2001-R0056 accepting paving improvements constructed by Armor Asphalt Co., in St. Luke's United Methodist Church Addition, Tract A. RESOLUTION NO. 2001-R0056 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract "A", St. Lukes United Methodist Church Addition, made arrangements with Armor Asphalt Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Reconstruction of Louisville Avenue from the North end of radius of 44" Street _ West of Louisville Avenue to 62.5 feet South of the South lip line of 44" Street East of Louisville Avenue, known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2039. 44"' Street from approximately 209.00 feet East of Memphis Avenue to the West lip line of Louisville Avenue, known and designated as New Subdivision Sub - Unit Number 97 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 119 Regular City Council Meeting February 22, 2001 Page 120 Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Reconstruction of Louisville Avenue from 44th Street to 62.5 feet South. 44th Street from 209 feet east of Memphis Avenue to Louisville Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (25.) Resolution No. 2001-R0057 accepting paving improvements constructed by Butler Construction Co., Indiana Avenue Baptist Church Addition, Tract A. RESOLUTION NO. 2001-R0057 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract "A" Indiana Avenue Baptist Church Addition, made arrangements with Butler Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The East half of Indiana Avenue from 514.98 feet North of the centerline of 98`' Street to North 639.8 feet (curb and gutter only), known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2038. Geneva Avenue street and alley reconstruction at the alley South of 94' Street, known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2038. 120 Regular City Council Meeting February 22, 2001 Page 121 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Curb and gutter only on the east half of Indiana Avenue from 514.98 feet north of 98th Street to 639.8 feet north. Geneva Avenue street and alley reconstruction at the alley south of 94th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (26.) Resolution No. 2001-R0058 accepting paving improvements constructed by Williams and Peters Construction Co., Regal Park Addition, Lots 123-223. 121 Regular City Council Meeting February 22, 2001 Page 122 RESOLUTION NO. 2001-R0058 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 123-223, Regal Park Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mention Addition, including the following streets and avenues: 89`' Street from the West lip line of Frankford Avenue to the West end of radius of Fulton Avenue, known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2039. 90`' Street from the West back of curb of Frankford Avenue to the East lip line of Homestead Avenue, known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2039. 91" Street from the West back of curb of Frankford Avenue to the East lip line of Homestead Avenue, known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2039. The North half of 92"d Street from the West lip line of Frankford Avenue to 267.33 feet West of the West end of radius of Fulton Avenue, know and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2039. The West half of Frankford Avenue from the centerline of 92"d Street to the North end of radius of 89`' Street (curb & gutter, alley returns only), known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2039. Fulton Avenue from the South lip line of 89`' Street to the North lip line of 90`' Street, known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2039. Fulton Avenue from the South lip line of 91" Street to the North lip line of 92nd Street, known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2039. Gardner Avenue from the South lip line of 90' Street to the North lip line of 91" Street, known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2039. The East half of Homestead Avenue from the South end of radius of the alley South of 91" Street to the North end of radius of the alley North of 90`' Street, known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 122 Regular City Council Meeting February 22, 2001 Page 123 SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22 nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of alley paving on: 89th Street from Frankford Avenue to Fulton Avenue. 90th Street from Frankford Avenue to Homestead Avenue. 91st Street from Frankford Avenue to Homestead Avenue. The north half of 92nd Street from Frankford Avenue to 267.33 west of Fulton Avenue. Curb and gutter and alley returns only on the west half of Frankford Avenue from 92nd Street to 89th Street. Fulton Avenue from 89th Street to 90th Street. Fulton Avenue from 91st Street to 92nd Street. Gardner Avenue from 90th Street to 91st Street. The east half of Homestead Avenue from the alley south of 91st Street to the alley north of 90th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. 123 Regular City Council Meeting February 22, 2001 Page 124 (27.) Resolution No. 2001-R0059 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., South Mesa Addition, Lots 172-182. RESOLUTION NO. 2001-R0059 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 172-182, South Mesa Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The West half of Avenue "P" from 7.00 feet North of the North property line of the alley North of 78" Street to 2.50 feet North of the centerline of 77"' Street, known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2039. 77' Street from the West end of radius of Avenue "R" at 77"' Street to the West back of curb of Avenue "P" , known and designated as New Subdivision Sub - Unit Number 99 of Unit Number 2039. Avenue "R" from the North end of radius of the alley North of 78`''. Street to the South lip line of 77' Street, known and designated as New Subdivision Sub - Unit Number 00 of Unit Number 2040. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $684.85 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 124 Regular City Council Meeting February 22, 2001 Page 125 APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of Avenue P from the alley north of 78th Street to 77th Street. 77th Street from Avenue R to Avenue P. Avenue R from the alley north of 78th Street to 77th Street. City cost in the amount of $684.85 for City's extra width paving on Avenue P will be due the contractor upon this acceptance. The City's portion of the cost will be paid for from the Subdivision and Assessment Paving account. Staff recommended acceptance of these paving improvements. (28.) Resolution No. 2001-R0060 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., South Mesa Addition, Lots 136-171. RESOLUTION NO. 2001-R0060 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 136-171, South Mesa Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The West half of Avenue "P" from 6.00 feet North of the North property line of the alley North of 79`h Place to 7.00 feet North of the North property line of the alley North of 781h Street, known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2040. 78"' Street from the East end of radius of Avenue "Q" to the West back of curb of Avenue "P", known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2040. 79' Street from the East end of radius of Avenue "Q" to the West back of curb of Avenue "P", known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2040. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City 125 Regular City Council Meeting February 22, 2001 Page 126 Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $2,908.31 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of Avenue P from the alley north of 79th Place to the alley north of 78th Street. 78th Street from Avenue Q to Avenue P. 79th Street from Avenue Q to Avenue P. City cost in the amount of $2,908.31 for City's extra width paving on Avenue P will be due the contractor upon this acceptance. The City's portion of the cost will be paid for from the Subdivision and Assessment Paving account. Staff recommended acceptance of these paving improvement. 126 Regular City Council Meeting February 22, 2001 Page 127 (29.) Resolution No. 2001-R0061 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., South Mesa Addition, Lots 183-204. RESOLUTION NO. 2001-R0061 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 183-204, South Mesa Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The East half of Avenue "S" from 7.00 feet North of the North property line of the alley North of 781h Street to 7.00 feet North of the North property line of the alley North of 77`' Street, known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2040. 77"' Street from the East lip line of Avenue "S" to the West end of radius of 77`' Street at Avenue "R", known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2040. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 127 Regular City Council Meeting February 22, 2001 Page 128 APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The east half of Avenue S from the alley north of 78th Street to the alley north of 77th Street. 77th Street from Avenue S to Avenue R. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (30.) Resolution No. 2001-R0062 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., Betenbough Addition, Lot 1. RESOLUTION NO. 2001-R0062 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lot 1, Betenbough Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mention Addition, including the following streets and avenues: LaSalle Avenue from the North lip line of 19`' Street to 359.94 feet North of the North property line of Betenbough Addition Lot 1, known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2040. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 128 Regular City Council Meeting February 22, 2001 Page 129 Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: LaSalle Avenue from 19th Street to 359.94 feet north of the north property line of Betenbough Addition Lot 1. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (31.) Resolution No. 2001-R0063 accepting paving improvements constructed by Williams and Peters Construction Co., Summerfield Addition, Tract F. RESOLUTION NO. 2001-R0063 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, Lubbock Land Company, Williams & Peters Construction Company, Inc. and the City of Lubbock executed contract documents (Resolution No. 2000-R0244, July 27, 2000, Item No. 18) for the construction of paving improvements on certain streets and avenues located in Tract "F" Summerfield Addition and adjacent to unplatted property to 780 feet South of Tract "F" Summerfield Addition, including the following avenues: The West half of University Avenue from 50.00 feet South of the South end of radius of 86' Street to 180.00 feet South of the South end of radius of 86' Street, known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2040. The West half of University Avenue from 178.00 feet South of the South end of radius of 86`' Street to 780.00 feet South, known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2040. 129 Regular City Council Meeting February 22, 2001 Page 130 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned — streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. In conformance with the contract between the City, the Developer, and the Contractor the City Engineer has issued payment of the City's portion of the cost in the amount of $19,528.05 (Check No. 00230730 and 00235372) to the Developer and Contractor. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of University Avenue from 50 feet south of 86th Street to 180 feet south of 86th Street. The west half of University Avenue from 178 feet south of 86th Street to 780 feet south. City cost in the amount of $19,528.05 for City's extra width paving on University Avenue has been paid to the contractor and the developer in conformance with the contract between the City, the developer, and the contractor. The City's portion of the cost was paid for from the Subdivision and Assessment Paving account. Staff recommended acceptance of these paving improvements. 130 Regular City Council Meeting February 22, 2001 Page 131 (32.) Resolution No. 2001-R0064 accepting paving improvements constructed by Lone Star Dirt and Paving Construction Co., Sunrise Addition, Lots 65-144. RESOLUTION NO. 2001-R0064 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: -- WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 65-144, Sunrise Addition, made arrangements with Lone Star Dirt & Paving Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Akron Avenue from 7.00 feet North of the North property line of the alley North of 109' Street to the South lip line of 108`' Street, known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2039. Belton Avenue from the North lip line of 110`' Street to the South Lip line of 108' Street, known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2039. Boston Avenue from 7.00 feet South of the South property line of the alley South of 110`' Street to the South lip line of 110" Street, known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2039. Canton Avenue from 7.00 feet South of the South property line of the alley South of 110`' Street to the South lip line of 108`' Street, known and designated as New Subdivision Sub -Unit Number 18 of Unit Number 2039. 108`' Street from the West end of radius of Canton Avenue at 1081h Street to the East end of radius of Akron Avenue at 108'h Street, known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2039. 109`" Street from the East lip line of Canton Avenue to the West lip line of Belton Avenue, known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2039. 110"' Street from the East lip line of Canton Avenue to the West end of radius at Akron Avenue, known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. 131 Regular City Council Meeting February 22, 2001 Page 132 SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 22" day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Akron Avenue from the alley north of 109th Street to 108th Street. Belton Avenue from 110th Street to 108th Street. Boston Avenue from the alley south of 110th Street to 110th Street. Canton Avenue from the alley south of 110th Street to 108th Street. 108th Street from Canton Avenue to Akron Avenue. 109th Street from Canton Avenue to Belton Avenue. 110th Street from Canton Avenue to Akron Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (33.) Resolution No. 2001-R0065 authorizing the Mayor to execute an Agreement for Issuance of Toll Credits on Public Transportation Projects, State Project Number TC 0101 (05) for Citibus. RESOLUTION NO. 2001-R0065 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Issuance of Toll Credits on Public Transportation Projects pertaining to a park and ride lot and associated facilities at 10' Street and Memphis Avenue by and between City and the Texas Department of Transportation, a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of 132 Regular City Council Meeting February 22, 2001 Page 133 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0065. TxDOT is allocating 247,579 Toll Credits to be used for a park and ride lot at Texas Tech University. The toll credits will allow for the Federal Transit Administration funds to be used at 100%, no local match will be required. Acceptance of the agreement will result in no additional cost to the City of Lubbock. Citibus recommended the approval of State Project Number TC 0101 (05) . (34.) Resolution No. 2001-R0066 authorizing the Mayor to create a Sister City Commission that will assist the City of Lubbock in developing municipal partnerships between similar jurisdictions in other nations. RESOLUTION NO. 2001-R0066 WHEREAS, it is the opinion of the City Council that the best interests of the citizens of the City of Lubbock would be served by the creation of a Sister Cities Commission; and WHEREAS, the desired outcome of said program is to increase global cooperation at the municipal level, stimulate economic development and promote cultural understanding; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby creates and establishes a Sister Cities Commission charged with developing municipal partnerships between similar jurisdictions in other nations, creating an atmosphere in which economic and community development can be implemented and strengthened. 133 Regular City Council Meeting February 22, 2001 Page 134 SECTION 2. THAT the composition of the Sister Cities Commission and the terms of its members shall be as follows: a) The Sister Cities Commission shall consist of twelve (12) members. Memberships shall be assigned by the City Council to representatives of Lubbock's educational institutions, governmental institutions and private sector organizations, including chambers of commerce. b) Terms shall be for two years. However, eight (8) of the initial appointees shall have one-year terms as determined by the City Council. Members shall serve until such time as their successors are appointed and qualified. SECTION 3. THAT the Sister Cities Commission strategies and goals shall be established as follows: a) At the beginning of each calendar year, annual goals for the Commission shall be established by the membership of the Commission and approved by the City Council. b) The Commission shall assist the City Council in developing Sister City relationships that promote all aspects of the City of Lubbock and the people who represent our community through economic and business development, art and culture. The Commission also may assist the City Council in organizing youth and adult trips and exchanges with Sister Cities. The City Council shall provide the Commission with direction, vision and overall mission. c) The Commission shall develop municipal partnerships between cities and similar jurisdictions in other nations in order to create environments through which communities can creatively learn, work and solve problems together by means of reciprocal business, municipal, educational and technical exchanges. d) The Commission shall create an atmosphere in which economic and community development can be implemented and strengthened. e) The Commission shall collaborated with domestic and foreign organizations, including educational institutions, which share similar goals to establish and maintain Sister City relationships. f) The Commission shall focus on revitalizing and improving established Sister City relationships, and work with other organizations to create new Sister City relationships. SECTION 4. THAT the City Manager may appoint a member of the administrative staff as the staff liaison for the Sister Cities Commission. The staff liaison may provide such administrative assistance and supplies as may be necessary to assist the Commission in carrying out its strategies and goals. 134 Regular City Council Meeting February 22, 2001 Page 135 Passed by the City Council this 22nd day of February, 2001. WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A Sister City is an officially approved, long-term relationship between two communities in two countries. The desired outcome of such a program is to increase global cooperation at the municipal level, stimulate economic development, and promote cultural understanding. This program is supported through the official association Sister Cities International (SCI), a non-profit citizen diplomacy network. The key elements for a successful Sister City Program are first established by the City Council, when they create a Sister City Commission. Traditionally, the Mayor or a Councilperson works with the Commission, and a staff person is designated to serve as a liaison between the program and the Sister Cities. It is also crucial to involve the business sector, as well as individual business people that will contribute their time and/or financial as well as in -kind support. In addition, it is very important to involve the educational institutions that are in the City's jurisdiction or region. The City of Lubbock established a Sister City relationship with Leon, Mexico in 1985. This program was established as a joint venture between the City of Lubbock, Texas Tech University, and the Hispanic Chamber of Commerce. The City of Lubbock has also been involved in a sixteen -year relationship with Musashino City, Japan. This year, Musashino City has agreed to formalize and officially recognize this program with the City of Lubbock. Currently, there is strong interest from other organizations in Lubbock to establish Sister City relationships in other communities. An informal relationship currently exists with Erfurt, Germany. The X-Fab Corporation, a company out of Erfurt, is located in Lubbock. A Sister City relationship with Erfurt would provide Lubbock with a substantial economic development opportunity. With the creation of the Ports -to - Plains Trade Corridor Coalition, several potential economic development opportunities exist for the City of Lubbock. The Ports -to -Plains staff feels that it is in the best interest of the City of Lubbock to establish a Sister City relationship with a Canadian and Mexican City along the Ports -to -Plains route. In addition, the City of Lubbock has received a 135 Regular City Council Meeting February 22, 2001 Page 136 request from Texas Tech University to establish a Sister City relationship with Can Tho, Vietnam due to the similarities the two cities have with regard to agriculture and location as well as the museum on campus. Staff feels that a Sister City Program would provide Lubbock with the opportunity to enrich the communities' understanding of the social, political, and economic aspects of communities in other countries. A Sister City relationship prepares Lubbock for an ever -changing global economy and allows the City to compete with other cities in attracting businesses to Lubbock. The Sister City program supports the current projects in which the City of Lubbock is involved. In addition, a Sister City Program will promote the City of Lubbock and the people who represent our community through economic and business development. The International Trade Center as well as Market Lubbock, Inc. will be instrumental with this commission. Staff recommended Council to authorize the Mayor to sign the resolution officially creating a Sister City Commission. (35.) Resolution No. 2001-R0067 authorizing the Mayor to waive Texas Municipal Gas Corporation's contractual requirement to give the City of Lubbock 75 days written notice prior to issuing additional bonds for additional natural gas reserve purchases. RESOLUTION NO. 2001-R0067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Waiver by the City of Lubbock for Texas Municipal Gas Corporation regarding that Joint Gas Purchase Contract, dated April 1, 1998, and all related documents. Said Waiver is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul E. Thompson Paul E. Thompson Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Contract Waiver is filed with Resolution No. 2001-R0067. 136 Regular City Council Meeting February 22, 2001 Page 137 The Joint Gas Purchase Contract allows LP&L to buy discounted gas from the Texas Municipal Gas Corporation (TMGC). When fully implemented, this arrangement will allow LP&L to reduce its fuel costs from 5% to 10%. This could eventually amount to over $2,000,000 per year. TMGC is now in a position to secure some gas in the ground. In order to complete the purchase, TMGC wants to issue a series of bonds. The contract requires TMGC to give the City 75 days notice before they can issue any series of bonds. However, in order to complete a purchase of this particular natural gas reserve, TMGC must issue the bonds before the 75 days are completed. LP&L is not bound to take more gas than it needs and is not liable for any portion of the bonds TMGC sells. This initial purchase should supply approximately 20 % to 30 % of LP&L's gas needs. A much larger future acquisition would supply the remaining balance. LP&L has no risk in this arrangement. The LP&L staff recommended that the City Council grant this waiver. (36.) Resolution No. 2001-R0068 authorizing the Mayor to make changes to the City of Lubbock FY 2000-01 Operating Budget. RESOLUTION NO. 2001-R0068 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budget for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes: and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; and WHEREAS, the City Council proposes utilizing an increase in Franchise Fees for the purposes of sharing with Citizens the additional revenue proceeds by providing energy assistance to the citizens of Lubbock; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: Revenue will be added to Energas Franchise Fees in the General Fund Operating Budget. This amount is $75,000 over the revised budget amount in Franchise Fees for First Quarter of Fiscal Year 2000-01 as supplied by Energas. The additional $75,000 in franchise fees will be allocated through LP&L to Lutheran Social Services of the South (LSSS) for the purposes of providing energy assistance for the Citizens of Lubbock. The Operating Budget will be revised by an increase of $75,000 in Energas Franchise Fees and a budgeted expense of $75,000 to LP&L advertising. The purpose would be utilization as challenge grants for other entities similar to the Project Help telethon on a dollar 137 Regular City Council Meeting February 22, 2001 Page 138 for dollar basis. The advantage is that Lubbock citizens would have $150,000 to apply to receive versus $75,000. SECTION 2. THAT a copy of the change made to the City of Lubbock Budget pursuant to the Resolution shall be filed with the City Secretary and County Clerk of Lubbock as required by law. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra Forte', Deputy City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney An increase in Energas franchise fees of $240,000 is to be received in the General Fund over the original budget amount of $900,000 due to the increase in gas costs. This is franchise fees for the first quarter of Fiscal Year 2000-01 as supplied by Energas. In order to assist citizens with increased gas costs, additional funding was allocated at the last City Council meeting for the purposes of providing energy assistance. The City of Lubbock participated through Lubbock Power and Light (LP&L) advertising up to $25,000 with a Project Help telethon as a challenge grant. The City also allocated $140,000 of the additional funds for the purpose of offsetting gas expenses in City Operations. The total of $165,000 leaves $75,000 in additional franchise fees to be allocated. Today staff proposed that $75,000 in franchise fees be allocated through LP&L to Lutheran Social Services of the South (LSSS) for the purpose of providing energy assistance for the citizens of Lubbock. The budget will be revised by an increase of $75,000 in Energas franchise fees and a budgeted expense of $75,000 to LP&L advertising. The purpose would be utilization as challenge grants for other entities, similar to the Project Help telethon, on a dollar for dollar basis, leveraging an additional $75,000 from the private sector. Staff recommended the City Council approve this resolution. (37.) Resolution No. 2001-R0069 authorizing the Mayor to execute a construction, reimbursement and right-of-way usage agreement between the City of Lubbock and Texas Tech University for installation of interduct and fiber optics cable from Reese Center to the University's facilities. 138 Regular City Council Meeting February 22, 2001 Page 139 RESOLUTION NO. 2001-R0069 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Construction, Reimbursement and Right -of -Way Usage Agreement between City and Texas Tech University, a copy of which Agreement is attached hereto, and any associated documents, which Agreement 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-R0069 The City of Lubbock received a Federal grant to assist in the construction of a sanitary sewer main from the City's system to Reese Center, allowing closure of the wastewater treatment plant. The City acquired an easement for the sanitary sewer main from War Highway (Quitsna) to Milwaukee Avenue. The proposed agreement allows Texas Tech University (TTU) to use the easement for an underground interduct with fiber optic cable. TTU will also use some City street rights -of -way for overhead fiber optic cable (see map attached to agreement.) TTU will pay the City $5,200 annually for use of the easement and rights -of -way. This sum was determined by the Right -of -Way Department, based on the City's valuation method for street use licenses. When the City bid the sanitary sewer main project, an additive alternate for installation of the interduct was included. The agreement provides that TTU will reimburse the City for the bid cost of installing the interduct and any associated change orders, anticipated at $251,733. Staff recommended approval of this resolution. 139 Regular City Council Meeting February 22, 2001 Page 140 (38.) Consider the price and condition of sale of Parcel 15760-21-60 at 2312 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, dba Key Construction Company, for $400. The property is to be redeveloped with a new 1,200 square foot single-family residence valued at $60,000. The lot is properly zoned for residential development. The proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissioners on August 15, 1989. The Community Development staff recommended approval. (39.) Resolution No. 2001-R0070, Resolution No. 2001-R0071, Resolution No. 2001-R0072 and Resolution No. 2001-R0073/RFP-#274-00/LR - Temporary Employment Services (Human Resources). RESOLUTION NO. 2001-R0070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to provide temporary employee services, RFP #274-00/1-R, by and between the City of Lubbock and Spherion Corporation 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews Managing Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0070. RESOLUTION NO. 2001-R0071 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to provide temporary employee services, RFP #274-00/1-R, by and between the City of Lubbock 140 Regular City Council Meeting February 22, 2001 Page 141 and Labor Ready Central III, 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews Managing Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0071. RESOLUTION NO. 2001-R0072 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 to provide temporary employee services, RFP #274-00/LR, by and between the City of Lubbock and Kelly Services, 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Marh Andrews Mary Andrews Managing Director of Human Resources 141 Regular City Council Meeting February 22, 2001 Page 142 APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0072. RESOLUTION NO. 2001-R0073 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 to provide temporary employee services, RFP #274-00/1-R, by and between the City of Lubbock and Lubbock Temporary Help Services, 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews Managing Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0073. The City of Lubbock utilizes approximately 25 to 35 technical/clerical temporaries per year. Each technical/clerical temporary employee works from a few days to several weeks. The majority of requests are two to six weeks in duration. The City also utilizes approximately 90 to 150 trades/labor positions per year. The majority of these workers are utilized during the summer months as seasonal workers and work from about the middle of May through the middle of September. Proposals were received from the following firms: 1. Preferred Personnel of Lubbock, Texas 2. Select Staff of Lubbock, Texas 3. Kelly Services, Inc. of Lubbock, Texas 4. Lubbock Temporary Help Services of Lubbock, Texas 142 Regular City Council Meeting February 22, 2001 Page 143 5. Labor Ready Central III, LP of Lubbock Texas 6. G. Boren Services, Inc. of Lubbock, Texas 7. Spherion of Lubbock, Texas 8. Texas Industries for the Blind and Handicapped of Hurst, Texas Five employees from areas of the City that utilize the most temporary employees comprised the evaluation committee. The City was to select two temporary agencies per job family category (Trades I, Trades II and Clerical). Proposals were evaluated using the following criteria: Trades I and Trades II: • Hourly Rate — 35 % • Testing Procedures (Skill Level, Physical Ability, Etc.) — 15% • Employee Replacement Assistance — 15 % • Drivers License Checks — 10 % • Ability to Provide CDL Drivers and CDL Random Drug Testing Procedures — 10 % • Supply Methods and Emergency Responses — 10 % • Reference Checks on vendor — 5 % • Standard Request (Worker's Compensation, Bonded, No Placement Fee, Billing Procedures, 8 Hour Turn Around Time) — Pass/Fail. • Mandatory Texas Department of Public Safety Criminal History Checks — Pass/Fail. Clerical Hourly Rate — 35 % • Testing Procedures (Skill Level, Physical Ability, Etc.) — 15% • Employee Replacement Assistance — 15 % • Supply Methods and Emergency Responses — 10 % • Reference Checks on vendor — 5 % • Standard Request (Worker's Compensation, Bonded, No Placement Fee, Billing Procedures, 8 Hour Turn Around Time) — Pass/Fail. • Mandatory Texas Department of Public Safety Criminal History Checks — Pass/Fail. It was determined that site visits were necessary to evaluate the top three agencies in each of the three job categories listed below. Each of the five -committee members rated the agencies on a weighted scale of 1 to 10. The site visit evaluation categories were: ADA compliance, testing procedures, employee replacement, drivers license checks, CDL driver/CDL drug testing procedures, supply and emergency responses, 143 Regular City Council Meeting February 22, 2001 Page 144 and employee background checks. Each of the agencies' site visit cumulative totals was added to the initial evaluation cumulative totals for a final score. The following are the cumulative results of the initial RFP and site visit evaluations for each job category: C'T .FRTC'AT . Vendor RFP Site Visit Total Kelly Services, Inc. 32.95 41.10 74.05 Spherion 36.65 35.70 72.35 G. Boren Services, Inc. 31.80 38.75 70.55 TRADESI Vendor RFP Site Visit Total Labor Ready Central III 38.95 39.75 78.70 Lubbock Temp. Help Svcs. 34.85 36.75 71.60 Spherion 36.40 33.85 70.25 TRADES II Vendor RFP Site Visit Total Labor Ready Central III 42.45 43.35 85.80 Lubbock Temp. Help Svcs. 37.30 40.15 77.45 Spherion 39.20 36.30 75.50 Kelly Services, Inc. and Spherion are recommended for the clerical category of the temporary employment contract. Labor Ready Central and Lubbock Temporary Help Services are recommended for the Trades I and Trades II categories of the temporary employment contract. Prices proposed are within the Temporary Salary Account budget amount. (40.) Resolution No. 2001-R0074/BID #002-01/LR - Filter Rehabilitation at Water Reclamation Plant (Water Utilities). RESOLUTION NO. 2001-R0074 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 filter rehabilitation at Water Reclamation Plant (Filters #2 & #3), ITB #002-01/LR, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related 144 Regular City Council Meeting February 22, 2001 Page 145 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 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this «Day» day of ,Month-, ,,Year-, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc., of the City of Lubbock, County of «CountyName», 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 #002-01/LR - Filter Rehabilitation at Water Reclamation Plant (Filters #2 & #3) - $139,436.00 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. 145 Regular City Council Meeting February 22, 2001 Page 146 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ «CorpSecretary» CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Brown -McKee, Inc. Bv: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: BROWN MCKEE, INC. P.O. BOX 3279 LUBBOCK, TX 79452-3279 This bid involves the removal and installation of the under -drain for filters #2 and the removal and installation of new media at the Water Reclamation Plant. During the filter rehabilitation at the Water Reclamation Plant (contract awarded by City Council on June 8, 2000), it was discovered that the under -drains in Filters #2 and #3 were damaged beyond repair and needed to be replaced. The low bid is $139,436 from Brown -McKee, Inc. of Lubbock, Texas and is within the Plant #4 Filter Repairs —Filters #2 & #3 budget amount. (41.) BID #006-01/LR — Hot Mix, Annual Pricing (Street Department). This bid establishes annual pricing for the purchase of hot mix used for paving cut repairs and pothole patching on various city streets. The low bids are listed below and are within the Maintenance Street System budget amount: Walter V. Jarnagin Asphalt Products of Lubbock, Texas $59,700 Kerr Construction Company of Lubbock, Texas $20,700 Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. PUBLIC HEARINGS (42.) Hold a public hearing to consider the Community Development Service Board's recommendation for, and reallocation of 2000 CDBG, ESG, and HOME grant funds. 146 Regular City Council Meeting February 22, 2001 Page 147 Mayor Pro Tern Cooke opened the public hearing at 11:25 a. m. No one appeared in favor or opposition. Mayor Pro Tern Cooke closed the hearing at 11:25 a. m. On February 7, 2001, the Community Development Services Board voted unanimously to recommend to the City Council the following funding recommendations: CDBG allocate $17,352 to Lutheran Social Services of the South Inc. for Utility Assistance. ESG allocate $3,900 to Salvation Army for Homeless Prevention. HOME allocate $1,500 to the City Reconstruction Program $300 to Community Housing Resource Board as the 15 % CHDO set aside for the Lease Purchase program. $200 to Community Development for 10% Administration costs. The CDSB looked at projects that were not funded, or were underfunded from the last allocation, as well as considering new projects as recommended. The above recommendation was approved unanimously by the Board. Tommy Gonzalez, Managing Director of Civic Services and Nancy Haney, Community Development Manager gave staff comments. The Community Development Department and the Community Development Service Board recommended approval of these items. HEALTH AND COMMUNITY SERVICES COMMUNITY DEVELOPMENT (43.) Resolution No. 2001-R0075 approving the Community Development Service Board's recommendation for and reallocation of 2000 CDBG, ESG, and HOME grant funds and all related documents. RESOLUTION NO. 2001-R0075 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby accepts the recommendations for and reallocation of 2000 CDBG, ESG and HOME grant funds by the Community Development Services Board and all related documents. Said recommendations are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of February, 2001 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 147 Regular City Council Meeting February 22, 2001 Page 148 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Resolutions is filed with Resolution No. 2001-R0075. On February 7, 2001 the Community Development Services Board voted unanimously to recommended to the City Council the following funding recommendations: CDBG allocate $17,352 to Lutheran Social Services of the South Inc. for Utility Assistance. ESG allocate $3,900 to Salvation Army for Homeless Prevention. HOME allocate $1,500 to the City Reconstruction Program $300 to Community Housing Resource Board as the 15 % CHDO set aside for the Lease Purchase program. $200 to Community Development for 10% Administration costs. The CDSB looked at projects that were not funded, or were underfunded from the last allocation, as well as considering new projects as recommended. The above recommendation was approved unanimously by the Board. The Community Development Department and the Community Development Service Board recommended approval of these items. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 2001-R0075 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Resolution No. 2001-R0076 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Lutheran Social Services of the South, Inc. from the Community Development Block Grant for the Energy Assistance Program. RESOLUTION NO. 2001-R0076 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 Community Development Funding Agreement, by and between the City of Lubbock and the Lutheran Social Services of the South, Inc., for Energy Assistance, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of February, 2001. Regular City Council Meeting February 22, 2001 Page 149 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of said Agreement is filed with Resolution No. 2001-R0076. Grantee: Lutheran Social Services of the South, Inc. Program: Energy Assistance Funding Source: 2000-2001 Community Development Block Grant reallocation Use of Funds: This will allow for the assistance to low income families for energy assistance. Amount: $17,352 Match: 25 % Return of Investment: Not for Public Service activities. Terms: February 22, 2001 through September 30, 2001. Comments: Funding for this contract was recommended by the CDSB in the reallocation public hearing. This funding will be matched by Covenant Health Systems. The contract is available for review in the City Secretary's office. Community Development recommended the approval of this resolution authorizing the Mayor to execute this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember McDougal to pass Resolution No. 2001-R0076 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 149 Regular City Council Meeting February 22, 2001 Page 150 ADMINISTRATIVE SERVICES MANAGEMENT SERVICES (45.) Resolution No. 2001-R0077 approving recommendations from the Lubbock Arts Alliance, Inc., for the second of two grant periods for 2000/01. RESOLUTION NO. 2001-R0077 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorized and approves for and on behalf of the City of Lubbock, the Arts Alliance to award all of the second period grants for 2001 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated January 22, 2001, from the Lubbock Arts Alliance requesting approval of the second period grants is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Letter is filed with Resolution No. 2001-R0077. On May 11, 2000 the Lubbock City Council approved an agreement to pay the Lubbock Arts Alliance, Inc. $122,308. The agreement stipulates that the funds are to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent seven percent of the hotel/motel tax collected during the fiscal year ended September 30, 1999. In reviewing requests and developing funding recommendations for each application, the Grants Review Committee follows guidelines that were approved as part of the May 11, 2000, agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits their recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $57,732 in grant awards for the second grant period for 2000/01. Twelve applications were received on the December 1, 2000 deadline and all are recommended for full or partial funding. Enclosed in your agenda backup is a listing of the recommendations from the Lubbock Arts Alliance Grants Review Committee. Martha Ellerbrook, Managing Director of Management Services presented staff comments and also recognized Deborah Bigness, 150 Regular City Council Meeting February 22, 2001 Page 151 Executive Director of Lubbock Arts Alliance, Inc. Ms. Bigness also presented comments. The Lubbock Arts Alliance, Inc. recommended approval of the award of the grants. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 2001-R0077 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Hernandez recused himself. MISCELLANEOUS (46.) Resolution No. 2001-R0078 authorizing the Mayor to execute an Interlocal Agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) Program. RESOLUTION NO. 2001-R0078 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 and all related documents by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County Youth Center for the Specialized Treatment and Rehabilitation project (STAR) with regard to juvenile offenders who have committed detainable offenses, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of February, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2001-0078. In 1994-1995, the City Council entered into an agreement with Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) project. The 151 Regular City Council Meeting February 22, 2001 Page 152 current agreement expired on September 30, 2000. The City, LISD and the County each will contribute $114, 814. City staff involved with STAR recommended continued funding for the current fiscal year. During this funding cycle new performance standards were incorporated by the City of Lubbock and Lubbock County STAR representatives to more accurately assess the effectiveness of the program. Quarterly performance statistics will be provided to the city staff for evaluation. Future funding will be determined based on performance against the new measurement standards. Scoop Hooper, Youth Services Coordinator presented staff comments. Rose Mediano, LISD School Administrator; Les Brown, Director of Lubbock County Juvenile Justice Center and Captain Jalamo, who is in charge of the STAR program were acknowledged. Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass Resolution No. 2001-R0078 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (47.) Consider one appointment to the Board of Health. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to appoint Bill Edwards to the Board of Health. Motion carried: 6 Yeas, 0 Nays. (48.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to appoint Kay Key to the Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. (49.) Consider one appointment to the Park and Recreation Board. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to appoint Steve Deaton to the Park and Recreation Board. Motion carried: 6 Yeas, 0 Nays. (50.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to appoint Bill Mateja to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. 11:32 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:15 P.M. COUNCIL RECONVENED 152 Regular City Council Meeting February 22, 2001 Page 153 1:15 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Cooke adjourned the meeting. WI DY SITTO , MAYOR ATTEST: Rebecca Garza, City Secretary - Read and approved this 41 day of , 2001. 4WID—AUTTOJ, MAYO ATTEST: Rebe6 ca Garza, City Secretary 153