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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/14/2001REGULAR CITY COUNCIL MEETING JUNE 14, 2001 7:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 141h day of June, 2001, in the City Council Chambers, first floor, City Hall, 1625 131h Street, Lubbock, Texas at 7:00 A.M. 7:05 A.M. CITY COUNCIL CONVENED, City Council Chambers, 1625 13`h Street, Lubbock, Texas. Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Victor Hernandez, Councilmember Frank Morrison, Councilmember David Nelson and Councilmember T. J. Patterson. Absent: No one was absent. REGULAR SESSION ( 7.) Invocation by Pastor John Givens, Community Christian Church. ( 8.) Pledge of Allegiance to the Flag. HEALTH AND COMMUNITY SERVICES ( 1.) Consider three ordinances amending Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, with regard to public health by amending article IX pertaining to smoking in public places; regulating smoking in work places and regulating tobacco sales or samples to minors and take appropriate action (first reading). The current City of Lubbock Smoking Ordinance was passed in October 1987 and later modified in November 1995. The ordinance in its present form basically allows smoking in designated areas. The Stop Tobacco In Restaurants (STIR) Campaign and the Smokeless Lubbock Coalition presented material to the City Council during a work session on December 14, 2000 indicating the need to possibly amend or pass a new and stronger smoking ordinance. The Mayor and City Council unanimously agreed that an Ad Hoc Committee should be created and charged with the responsibility of studying the public health issue of smoking in public places and to evaluate the current regulations on smoking in the City of Lubbock. On January 11, 2001, the Lubbock City Council jointly appointed eleven members to the newly created Ad Hoc Smoking Ordinance Committee. The Committee was asked to study the public health issue of smoking in the City of Lubbock and to seek input from the City Board of Health, medical experts and from those persons and businesses that are affected by smoking in public places in Lubbock. The Committee was directed to report to the City Council in approximately 120 days. The Ad Hoc Committee held its first meeting on February 1, 2001. This was followed by additional meetings, including two public hearings. The first public hearing, held on March 6, 2001 at the Civic Center Banquet Hall, focused strictly on the health issue of environmental tobacco smoke. Twenty-six expert witnesses and 24 members of the public made presentations. Over a period of five hours, the majority of Regular City Council Meeting June 14, 2001 Page 360 the presentations presented extensive evidence that ETS either causes or exacerbates a broad range of life -threatening and debilitating illnesses and health impairments. These include several kinds of cancer, cardiovascular disease, childhood respiratory conditions, asthma, and others. On March 9, 2001, following the first public hearing, the Lubbock City Board of Health unanimously voted and recognized that Environmental Tobacco Smoke is harmful to the public's health. This agrees with previous findings of former Boards of Health in 1987 and 1995. The Ad Hoc Committee unanimously voted 10-0 after the first public hearing on March 20, 2001, "That it be resolved that in the opinion of this Committee, that human exposure to Environmental Tobacco Smoke creates an unsafe condition to the public health of the citizens of Lubbock." The Committee also adopted a Mission and Criteria to guide the decision making process for the Committee. A second public meeting was held on April 3, 2001 in the United Spirit Arena on the Texas Tech University campus. The Ad Hoc Committee listened to approximately 6 hours of presentations from invited speakers and the general public on issues relating to governmental regulation of business, financial impact of a ban on smoking in public places, rights of business owners, smokers, non-smokers, persons with illnesses or medical conditions, and personal preferences. After approximately 2 hours of expert testimony, Lubbock residents were allowed to speak. Thirty-six people signed up to speak in favor of government regulation and 25 signed up to speak opposing a smoking ban. The Ad Hoc Committee met on April 24, 2001 to discuss matters pertaining to the second public hearing and to discuss possible provisions of a recommendation to the City Council. Committee members openly discussed those issues without having to vote on any of them at that time. The Lubbock Board of Health met on May 8, 2001 to hear an update from the Ad Hoc committee chair, Tom Johnson, and discuss any final Board of Health recommendations for the Ad Hoc Committee to consider. The Board of Health voted on and passed a motion 5-0 stating that the ultimate goal of the Board of Health is to create a tobacco -free environment for the citizens of Lubbock. The last meeting of the Smoking Ad Hoc Committee was held on May 15, 2001. Subodh Patel read a motion embodying many of the concepts that had been discussed in public meetings and during private meetings. After considerable debate the motion passed 6 to 5 in favor of amending the current smoking in public places ordinance. THREE PROPOSED ORDINANCES In response to requests from either individual Council members or in response to the Committee, three ordinances have been drafted for consideration. They are as follows: Ad Hoc Committee Recommendation —prohibits smoking in all public places including all city owned and leased buildings. Exemptions for bars, sports grills, private homes, private businesses or offices not open to the public, bingo parlors, designated hotel rooms, tobacco retail shops, outdoor dining areas, and individual performances in authorized 360 Regular City Council Meeting June 14, 2001 Page 361 theatrical performances are allowed. Restaurants with or without bars are smoke -free with exceptions for restaurants 1,500 square feet or smaller as of January 1, 2001. Restaurants with separately enclosed and ventilated areas for smoking are not to exceed 30 % of the dining area. Bingo parlors existing before January 1, 2001 are exempt. Bowling alleys must have separate and enclosed areas for smokers. Signs with specific language and size must be displayed at all entrances to all buildings where smoking is allowed. Note that acceptance of this proposal will involve other subsequent actions such as the definition of a sports grill, a more precise definition of "fast food restaurants", and the development of a data base which would enable us to identify those restaurants with less than 1,500 square feet of dining space. A proposal by Mayor Sitton which would prohibit smoking in most public places (with bars being the exception). This ordinance would allow for a three-year phase -in period. All existing establishments would be smoke free after three years unless individual establishments develop separately enclosed areas ventilated to the outside for smoking. A permit or license allowing smoking would be required. A proposal by Councilman McDougal that would grandfather or exempt all existing restaurants or businesses with provisions requiring establishments to go smoke free or comply with the clean air ordinance in the event of a change in ownership, location or a major renovation of 30 percent or more of the value of the facility in 12 consecutive months. This proposal would also charge a permit or license fee for all establishments allowing smoking. (Note —as these comments are being written, the City Attorney's office is evaluating requested additions/changes to the proposal. As soon as this work is completed, staff will forward an updated copy to Council.) Comments from City Manager - Normally, a staff recommendation on a Council item is fairly routine — especially when Council has a recommendation from a highly capable advisory committee. For various reasons, however, this issue has evolved to a point that is anything but routine. Several Council members made it a point to ask about my recommendation on this matter. While I am not in total agreement with the characterization of this issue as a simple conflict between the need to protect public health and respect for private property rights, I will approach my recommendation from that perspective. Obviously, both of these are values to be respected. In my opinion, however, the heavier weight should always be given to public health. I realize that this position puts me at odds with numerous individuals for whom I have the greatest respect. Nevertheless, it is my opinion and forms the basis for my recommendation. While as a citizen I would personally support a more aggressive action to eliminate smoking in public places, as city Manager I understand that the recommendation submitted by the Ad Hoc Smoking Committee is the product of long hours of study and compromise. That is not something which I take lightly. Effective governing requires study and compromise in order to garner acceptance of, if not support of, the acts of the governing body. While the committee's recommendation does involve certain enforcement requirements that make it more cumbersome than either a total ban or maintenance of the status quo, it is something which the staff can implement and which moves this community forward. For that reason, I am comfortable in supporting the committee recommendation. Should 361 Regular City Council Meeting June 14, 2001 Page 362 that ordinance fail, I would support a more aggressive form of regulation. I might point out that I typically give deference to other staff members who have worked on issues in more depth than I have. It may be that the staff liaison to the committee will have alternate recommendations. I am totally comfortable with his providing those to you as well. Tom Johnson, Chairman, spoke for the Ad Hoc Committee. Using visual aids, Mr. Johnson portrayed citizen and physician comments regarding the dangers of smoking. Mayor Sitton requested a staff recommendation from Bob Cass, City Manager. City Manager Cass stated "This discussion had been framed in terms of a simple conflict between two competing rights: private property rights and your right to public health or the need for public health. Let me say that the City staff disagrees with that characterization to the extent that it equates those two. The City staff believes very strongly that the heavier weight must be given to public health rights. And in saying that, we realize and we are very sorry that this puts us in conflict with many individuals in this community for whom we have the deepest respect. Nevertheless, that is our opinion. I would point out that with a relative lack of controversy we routinely in this community and in this country submit to numerous limitations on property rights. I would point out locally here platting and zoning matters require us to permit our personal property rights to be submerged to a lower level to create a greater good. On a national level, the imposition of civil rights acts in the early 1960s required us to submerge our private property rights for a greater good. The American Disabilities Act requires us to do so. The recently enacted sign ordinance, the revision the Council undertook a couple of months ago, the same kind of situation. But we routinely do those type of things in this community in order to achieve the greater public good and I think that history has proved us to be right in that regard. As a private citizen, I may have certain beliefs with regard to impositions on smoking. I am required however to make a recommendation as the City Manager. In my opinion, you should give great weight to the work of this committee. As Mr. Johnson has pointed out, the result of what they bring to you is essentially compromised. I have talked to members of the committee, I have talked to members of the community, I have talked to members of the Council and it's one of those situations where everybody grudgingly and biting their teeth came to this compromise. Nobody absolutely loves it, but it is the result where everybody gave in order to retain a little more. And it strikes me that that is the nature of government. We do those types of things in government after lots of thought, after lots of study, we come to compromise in order to hold our society together. I don't think that is something we should take lightly. Effective governing requires studying compromise in order to garner our acceptance if not support the acts of the government and I think that is essentially the product that has been laid before you by Tom and by his committee. For that reason, the city staff would urge you to support the recommendation of the Ad Hoc Committee or at least a variation of that and barring that I would say that we come down very heavily on the side of public health and barring Council support of that particular proposal, we would support more aggressive forms of regulation on smoking." Councilmember McDougal stated that with all that had been said he wanted to ensure the Council that there hasn't been a stone unturned in 362 Regular City Council Meeting June 14, 2001 Page 363 trying to look for a compromise. He also stated that Tommy Gonzales, staff liaison to the Ad Hoc Committee, spent thousands of hours and came up with many good ideas. Some wouldn't work and others weren't defendable, not legal, etc. Councilmember McDougal encouraged the Council to come up with something both sides can live with which would not cause a referendum on either side to come up, as that would further divide the community and not in the best interest of this community. Councilmember McDougal then made a motion to approve the Ad Hoc Committee's recommendation with a couple of exceptions. At that time, Councilmember Nelson requested the floor and Mayor Sitton recognized Councilman Nelson. Motion was made by Councilmember Nelson to make the following changes to the committee's recommendation and otherwise adopt the remaining provisions of the committee's proposed ordinance recommendation. This is a combination of several proposals and it is a motion to substitute, to amend by substitution. Those changes are as follows: ( 1) Allow a three (3) year compliance period for the imposition of the restrictions in the proposed ordinance; (2) Remove the exemption for restaurants of the 1500 square feet or less, thereby making a level playing field for all full service restaurants; (3) Making it clear that the smoking restrictions that are proposed apply to fast food restaurants as well. Motion was seconded by Councilmember Patterson to approve Ordinance No. 2001-00042 if the Ordinance would include sport grills (which it does). Motion carried: 4 Yeas, 3 Nays. Mayor Pro Tem Cooke, Councilmember Morrison and Councilmember McDougal voted "Nay" ORDINANCE NO. 2001-00042 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY AMENDING ARTICLE IX PERTAINING TO SMOKING IN PUBLIC PLACES; REGULATING SMOKING IN WORK PLACES; REGULATING TOBACCO SALES OR SAMPLES TO MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance was never effective and is invalid. Sec. 12-247a. Designation of smoking areas, as defined in Section 12- 245(14) shall occur in the following places only: ( 1) A full service restaurant, if: 916V Regular City Council Meeting June 14, 2001 Page 364 (a) A proprietor or person in charge of a full service restaurant, who desires to permit smoking in the dining area shall designate an area not to exceed thirty percent (30 %) of the dining area as the smoking area. The proprietor or person in charge of the full service restaurant shall petition the city, demonstrating proof of the percentage of the dining area designated as a smoking area. (b) The proprietor or person in charge shall provide ashtrays or other suitable containers for extinguishing smoking materials at the perimeter of the smoking area. (c) The proprietor or person in charge shall separate the designated smoking area from a non-smoking area by placing the smoking area within an enclosed and separately ventilated area as defined in this article. (d) The proprietor or person in charge shall provide and post signage, as required by this article, in those areas of the building where smoking is allowed. (e) The proprietor or person in charge shall locate the designated smoking area so that non-smokers shall not have to travel through the smoking area to get to the cashier or a restroom or non-smoking dining area. (2) A place of employment, if the employer provides a designated smoking area, as defined in Section 12-245(14) of this article (3) A smoking area may not be designated in: (a) An elevator; (b) A service line, cashier area, over-the-counter sales area; (c) A restroom; (d) A place in which smoking is prohibited by the fire marshal or by any other law, ordinance or regulation; or (e) A fast food restaurant. Sec. 12 - 247b. Smoking Prohibited. (a) Except in designated enclosed areas, smoking shall be prohibited in all enclosed public places within the City of Lubbock, including, but not limited to, the following places: ( 1) Elevators; (2) Restrooms, lobbies, reception areas, hallways, and any other common -use areas; (3) Buses, taxicabs, and other means of public transit under the authority of the City of Lubbock, and ticket, boarding, and waiting areas of public transit depots; (4) Service lines; 364 Regular City Council Meeting June 14, 2001 Page 365 (5) Retail stores; (6) All areas available to, and customarily used by, the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, laundromats, hotels and motels; (7) Full service restaurants and fast food restaurants; (8) Public areas of aquariums, galleries, libraries, and museums; (9) Any facility, which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except performers when smoking is part of a stage production; (10) Sports arenas and convention halls, including bowling facilities; (11) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees or agencies of the City or any political subdivision of the State during, such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City; (12) Waiting rooms, hallways, wards, and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors offices, and dentists offices; (13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple -unit residential facilities; (14) Polling places; (15) Bingo parlors for which a certificate of occupancy was issued on or after January 1, 2001; (16) All enclosed facilities, including buildings, the entire airport, to include the bar and dining areas, and vehicles owned or operated by the City of Lubbock; (17) Full service restaurants issued a certificate of occupancy later than ninety (90) days after the effective date of this ordinance, unless such restaurants have separately enclosed areas and separately ventilated areas, as defined in this article. (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any 365 Regular City Council Meeting June 14, 2001 Page 366 establishment or facility may declare that entire establishment or facility as a non-smoking establishment. (c) In the event a public place has common areas not the responsibility of individual tenants, the building owner or his representative shall be responsible for application of this article to such common areas. (d) Restaurants subject to the provisions of this Subsection shall comply with the requirements of this ordinance not later than three (3) years after the effective date of this ordinance. Sec. 12-247c. Exceptions. Nothing herein shall preclude the designation of the following premises as non-smoking areas, but the restrictions contained herein shall not apply: ( 1) To those portions of a facility in which private functions are being held and are under the control of the sponsor of the function and not the owner or operator of the facility; (2) To a performer, participating in a theatrical performance; (3) To a bar or cocktail lounge, as defined by the zoning ordinance of the City of Lubbock; (4) To a retail store that primarily provides tobacco products. This exception shall not apply to an establishment that shares a common HVAC system with any other tenant in the same building in which the retail store that primarily provides tobacco products is located; (5) To private clubs, which are owned by their members; (6) Sports grills, as defined in the zoning ordinance of the city; (7) Private residences, except when used as a childcare, adult day care or health care facility; (8) Designated hotel and motel rooms rented to guests; (9) Restaurants, hotel, and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions; (10) Outdoor areas or outdoor places of employment; (11) Outdoor dining area that is at least 20 feet from, or separately walled from, gatherings of non-smokers and which does not require employees or members of the public to walk through it upon entering the restaurant and which is properly posted with signage; (12) Full service restaurants, as defined in Section 12-245(8): It shall be a requirement for the application of this subsection that the restaurant has designated smoking areas, as defined in Section 12-245(14), and complied with all requirements for the establishment of a designated smoking area, as provided in this 366 Regular City Council Meeting June 14, 2001 Page 367 ordinance, and has petitioned the city for, and been granted, a permit to allow smoking. Such petition shall be filed with the City Secretary not later than ninety (90) days after the effective date of this ordinance. Three (3) years after the effective date of this ordinance, all restaurants must comply with the requirements of this article. Failure to file a petition shall result in a denial of this exception; (13) Full service restaurants having designated separately enclosed -- and separately ventilated smoking areas, comprising not more than thirty (30) percent of the dining area, as provided in this article; (14) Bingo Parlors for which a certificate of occupancy was issued prior to January 1, 2001; (15) Smoking permitted by this subsection shall not occur at a distance of less than 20 feet or more outside any enclosed area where smoking is prohibited. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a non- smoking establishment. Section 12-247d. Smoking in the workplace. All employers who operate a place of employment are encouraged to develop, implement, and maintain a written policy that accommodates the wishes of employees by designating smoking and non- smoking areas under the same requirements as public areas. (1) Smoking shall be prohibited in all enclosed facilities within a place of employment, except for designated smoking areas, if such an area is provided to employees; (2) Any employer may declare the entire place of employment a non- smoking workplace; (3) On or before the effective date of this ordinance, any area designated for smoking by an employer shall meet the requirements of a designated smoking area, as provided in Section 12-245(14) of this article, if such an area is provided for employees. Sec 12-248. Signs. (a) Signs must be displayed at all entrances to all buildings where smoking is allowed. Such signs shall have dimensions of nine inches by fifteen inches (9" x 15 ") and shall contain the following language: WARNING, SMOKING ALLOWED IN THIS FACILITY - - THE CITY OF LUBBOCK HEALTH BOARD HAS DETERMINED THAT SECOND HAND SMOKE IS UNSAFE"; (b) Every public place where this article prohibits smoking shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited; 367 Regular City Council Meeting June 14, 2001 Page 368 (c) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of such area; (d) Permit: Any business wishing to allow smoking in designated areas as defined in this article shall petition the city for a permit to do so and shall be assessed a fee of two hundred dollars ($200.00) for each permit issued annually. DIVISION 3. REGULATING SALES AND SAMPLES TO MINORS Sec. 12-249. Possession of tobacco by minor. (a) A person who is younger than eighteen (18) years of age commits an offense if the person possesses, purchases or accepts receipt of a cigarette or other tobacco product; (b) This section shall not prohibit a person younger than eighteen (18) years of age from possessing a cigarette or other tobacco product while in the presence of a parent or legal guardian. Sec. 12-250. Self-service merchandising. It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any single -pack tobacco product by means of self-service merchandising in such a manner that an employee does not have a clear view of the tobacco product from the employee's usual place of work. Sec. 12-251. Free samples. Distribution of free samples of tobacco products to minors is prohibited in any public place. Sec. 12-252. Public Education. The Environmental Inspection Services Department shall engage in a continuing program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance and appropriate public education about the dangers of secondhand smoke, the existence of the ordinance, and the procedure for reporting violations. Sec. 12-253. Other Applicable Laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 12-254. Effective Date. This article shall be effective from and after the date its enactment and publication as required by law. Regular City Council Meeting June 14, 2001 Page 369 SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a Class C misdemeanor and that punishment upon conviction shall be by a fine not to exceed two thousand dollars and no/100 ($2,000.00). SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. Motion was seconded by Councilmember Patterson to approve Ordinance No. 2001-00042 if the Ordinance would include sport grills (which it does). Councilmember Hernandez addressed the smoking issue stating in part, "I believe the compromise being proposed by Councilman Nelson and seconded by Councilman Patterson, albeit not perfect, is an honorable attempt at governance by and for the people of this city and as such, will be permanent and will withstand any legal challenge which may come forth. However, ... the motion on the table now is not perfect ... But I believe the proposal before us today does accomplish one thing, and that is it strikes a balance between the two extreme views on this issue. That is, the view of being totally smoke free and the view of saying that government has absolutely no role to play in this issue. " Mayor Sitton spoke concerning the issue. She stated that after she looked at the issue of health and then looked at the Supreme Court ruling which says: "Even though facilities such as day care centers, theaters, restaurants, even though they are privately owned, the minute they open themselves up to the general public, they become public places and they are subject at that time to the health and safety regulations of all public places. That it is not only this body's right, but it is our responsibility, to protect the health of the citizens." Councilmember Cooke addressed the public. He introduced Tommy Gonzalez and expressed his appreciation for all the hard work that everyone has done on this matter. Councilmember Morrison also addressed the matter. He expressed his appreciation for all the work that has been done and recognized Amit Bushan as being the one who did start this and was not being pushed by others. "This is an issue of our core beliefs. I think there is one thing more important than our health and that's our freedom. If we don't have our freedom taking care of our health is, in my opinion, countless. I am also concerned about this proposed ordinance in that it is not fair to business. A facility that wants to build a restaurant or other business catering to nonsmokers has the opportunity to build one facility to do so. A businessman that wants to cater to smokers has to build two facilities. He has to build for his smokers and he has to build for the nonsmokers to balance it. I believe that we should give that group of our population who do smoke, as it is a legal activity, the right to do so and businesses that want to cater to them, the right to do so without having to inordinately add to their capital expenditure in terms of a duplicate facility. I believe that I was elected not to look around and see what my constituents believe but that when I approach those who did in fact vote for me, they say `I like what you have to say, I like what you believe 916M Regular City Council Meeting June 14, 2001 Page 370 and I'm going to support you because of that.' I cannot change what I believe and be true to their support. I have to stand on the principles that got me here. ... I spent twenty years trying to decide what I believe, what my positions are and where I stand when it comes right down to decision making time. ... In this situation, we each have the freedom to not enter a facility that we are discussing. City Hall, I support it completely, that is our decision to make. ... What I don't support is somebody telling us what to do. ... Mayor, with all due respect I am going to have to vote against the proposed ordinance. Councilmember Patterson stated that he wanted to thank Almighty God for this moment. He thanked the committee for their hard work.... He also said, "My constituents, 278 of them, sent me a petition yesterday afternoon and said vote for banning smoking in public places. I hear that. They elected me and I must stand vertical for what they are telling me to do here. ... I beg my Council this morning before we exist from this dais, let's have one unanimous vote and send a signal to young Amits and others that we are concerned about your future." Motion carried: 4 Yeas, 3 Nays. Mayor Pro Tem Cooke, Councilmember Morrison and Councilmember McDougal voted "Nay". EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport). 8:40 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Councilmember McDougal. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Water Utilities). (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: 370 Regular City Council Meeting June 14, 2001 Page 371 Citizens Traffic Commission Culture and Arts Commission Public Transit Advisory Board Redistricting Advisory Committee ( 6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Airport). 10:13 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Brenda Brown, Assistant City Secretary. Absent: Councilmember McDougal BOARD APPOINTMENTS RECOGNITION Building Board of Appeals Receiving: Ken Condray Terry Drum (unable to attend) Keep Lubbock Beautiful Receiving: Felecisima (Tina) Betts) CITIZENS APPEARANCES ( 9.) Emma Jackson, President of the Dunbar/Manhattan Heights Neighborhood Association, appeared to discuss the needs on Martin Luther King, Jr. Boulevard. Ms. Jackson appeared to talk about the beautification of Martin Luther King, Jr. Boulevard especially between East 24`' and the Overpass. Citizens had planted flowers, etc. to make this a pleasant street to travel. Options have run out. Flowerpots they put out on street were beautiful, but the weather was an enemy for that type of pot. Had no irrigation and carried buckets of water to water the plants. Trees have died because of no water. She requested the Council to see if they could help get some beautification for this area due to cross -city traffic and other developments which will bring more of the population passing through there. It would be an enhancement to the neighborhood as well as the City. She suggested the same flower pots as those on Broadway and trees replaced with irrigation. She said she had no estimates, because in the past the ones they recommended were never used. She also expressed her appreciation for the new sidewalks in the area as they added to the enhancement of the neighborhood. Councilmember Patterson spoke and said Council should take this under advisement. (10.) This item was deleted. 371 Regular City Council Meeting June 14, 2001 Page 372 (11.) Presentation by Randy Sanders of the Founder's Award for Community Spirit from Kids Voting USA to the City of Lubbock. Randy Sanders, board president of Kids Voting Lubbock County, presented the Founder's Award for Community Spirit to the City of Lubbock from Kids Voting USA. Kids Voting Lubbock County received the national award at the Kids Voting USA annual awards dinner in Phoenix in May. This award is given to "the community that maximizes a broad spectrum of resources to implement an exceptional Kids Voting Program." Businessmen, educators, politicians, community volunteers and 103 schools participated in Kids Voting Lubbock County in 2000. This was the first time Lubbock has participated in this program. Lubbock County drew 11,566 student votes during the November 2000 election. Mr. Sanders stated that in May of this year, he had the opportunity to go to National Kids Voting USA Convention in Phoenix, Arizona where Kids Voting Lubbock County's program was selected as the outstanding program in the United States. He introduced Terry Holmes, the only Executive Director of Kids Voting Lubbock County has ever had. (12.) Presentation of a special recognition to Trinity Christian High School's Varsity Tennis Team commemorating their outstanding season. Council honored the dedication and perseverance of our community youth, staff honored Trinity's Varsity Tennis Team and recognized their outstanding efforts throughout the season and at the state level. The team was present for a photo opportunity and staff showed their support for their efforts. Members being recognized were: Jon Anderson, Daniel Brown, Leslie Bush, Jenea Pickering, Chase Powell, Michael Sea, Michael Sitton, Erin Stephens, Cliff Wilkes, Coach Brett Tomlinson, and Coach Ron Christensen. (13.) Presentation of a proclamation celebrating June 14, 2001 as National Flag Day and announcing the "Pause for the Pledge of Allegiance" ceremony to be held at 6:00 p.m. at Flag Plaza, Texas Tech University. The City of Lubbock will be participating in the 22nd annual "Pause for the Pledge of Alliance" ceremony held nationwide at 7:OOpm Eastern Standard Time, 6:OOpm Central Standard Time this evening. The concept for the Pause for the Pledge is for all Americans everywhere in the country to pause for a moment on June 14, Flag Day, at the designated time to say simultaneously the Pledge of Allegiance to the Flag. Congress recognizes this simple ceremony as part of National Flag Day ceremonies. Lubbock's Flag Day celebration activities will include the "Pause for the Pledge of Allegiance" ceremony at Flag Plaza at Texas Tech University at 6:OOpm on this evening. Presentation was made of a proclamation honoring National Flag Day and announcing the "Pause for the Pledge of Allegiance" ceremony to be held at 6:OOpm June 14, 2001. (14.) Presentation of a proclamation to the Juneteenth Celebration Committee commemorating June 14-17, 2001 as Lubbock Emancipation Juneteenth Days. Lubbock has officially celebrated Juneteenth for the past 21 years. On June 19, 1865, Major General Gordon Granger landed at Galveston Bay, Texas, and proclaimed that all slaves are free with absolute equality of 372 Regular City Council Meeting June 14, 2001 Page 373 rights of property between masters and slaves as outlined in the Emancipation Proclamation and issue in General Order No. 3. This announcement sparked spontaneous freedom celebrations across Texas and the Southwest and is still celebrated today. A proclamation was presented to the Juneteenth Celebration Committee commemorating June 14-17, 2001, as Lubbock Emancipation Juneteenth Days. Eddie Richardson, President of the Juneteenth Celebration Committee, accepted the proclamation and explained his attire as it was what they wore as slaves. He also introduced Maxine McKinney, Bob Morris, and Anthony Jones, Vice President of the Juneteenth Celebration Committee. This year's Juneteenth Celebration will consist of the following activities: June 14, 2001 Juneteenth Celebration Reception and Delta Sigma 6:00-8:00 p.m. Theta Sorority's "Man and Woman of the Year" Awards Mae Simmons Community Center June 15, 2001 Health Walk 7:00-9:00 p.m. East of MLK, Jr. Blvd., Canyon Lake #6, South -side parking lot. June 16, 2001 Parade -Parkway Drive 10:00 a.m. Starts at United Supermarket Ends at West Texas Canyon Amphitheater June 16, 2001 Juneteenth Celebration Activities 12:00 Noon to West Texas Canyon Amphitheater 8:00 p.m. Activities include Opening ceremony, health fair, entertainment, children's games, and food booths. June 17, 2001 Juneteenth Religious Ceremony 5:00 p.m. Mount Gilead Baptist Church - 2512 Fir Avenue (15.) This item was deleted. CONSENT AGENDA (Items Nos. 16-77) Mayor Pro Tern Cooke called for a motion on Consent Agenda. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve Items 16-60 and 62-77 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (16.) Approval of Minutes: May 10, 2001 Regular City Council Meeting May 24, 2001 Regular City Council Meeting (17.) ORDINANCE #2001-00037- Abandoning and closing a 10-foot by 16-foot underground utility easement and the east 30 feet of a garbage collection easement located in Lot 302-T and a 15-foot by 16-foot transformer pad easement located in the southwest corner of Lot 303-T in the Midway Park Addition to the City of Lubbock (5020 27" Street) (second and final reading). ORDINANCE NO. 2001-00037 AN ORDINANCE ABANDONING AND CLOSING A TEN BY 16 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 302-T, A FIFTEEN BY SIXTEEN FOOT TRANSFORMER PAD EASEMENT LOCATED IN LOT 303- 373 Regular City Council Meeting June 14, 2001 Page 374 T, AND THE EAST 30 FEET OF GARBAGE COLLECTION EASEMENT LOCATION IN LOT 302-T. ALL LOTS LOCATED IN THE MIDWAY PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION (18.) ORDINANCE #2001-00038-Amending Section 16-175.2 of the Code of Ordinances of the City of Lubbock, Texas with regard to the establishment of school zones (second and final reading). ORDINANCE NO. 2001-00038 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2001-00039- Amending Section 16-175.1 of the Code of Ordinances of the City of Lubbock, Texas so as to alter the prima facie speed limits upon certain streets (state highways) within the City of Lubbock: 341h Street, 19" Street, East 50' Street, South Avenue Q Drive, Slaton Highway, Southeast Drive, Idalou Highway, and Clovis Highway (second and final reading). ORDINANCE NO. 2001-00039 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2001-00040-Making changes in the FY 2000-01 budget of the City of Lubbock for government purposes (second and final reading). ORDINANCE NO. 2001-00040 AN ORDINANCE MAKING CHANGES IN THE FY 2000-01 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENT PURPOSES; AND (21.) Ordinance No. 2001-00043 authorizing the issuance of $9,200,000 "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 2001" and all necessary documents related to the issuance (first reading). ORDINANCE NO. 2001-00043 AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 2001"; prescribing the forms, terms, and provisions of said bonds; pledging the net revenues of the City's Electric Light and Power System to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of said bonds, including the approval and distribution of an Official Statement pertaining thereto and the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract; and providing an effective date. 374 Regular City Council Meeting June 14, 2001 Page 375 On May 24, 2001, City Council approved the first step in the issuance process. Resolution #2001-R0195, dated May 24, 2001, was to approve and authorize publication of Notice of Sale with respect to the issuance of the Revenue Bonds. The second reading of this bond ordinance is scheduled for July 12, 2001. The City will sell these bonds on a negotiated basis. The City will negotiate a purchase price for the bonds with the City's chosen underwriters at the time of sale. City Council will be asked to award the bonds as well as approve the second reading of the ordinance and make final approval of all necessary documents related to the issuance at the July 12, 2001 meeting. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. (22.) Ordinance No. 2001-0044 amending Chapter 28 of the Code of Ordinances, City of Lubbock, Texas, by amending Sections 28-24 and 28-57 of the Code of Ordinances, City of Lubbock, Texas, by amending the payment deadline for water bills, providing for interest on overdue bills and increasing the reconnection charge for accounts disconnected for failure to pay for water service; providing a savings clause and providing for publication (first reading). ORDINANCE NO. 2001-00044 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-24 AND 28-57 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING THE PAYMENT DEADLINE FOR WATER BILLS, PROVIDING FOR INTEREST ON OVERDUE BILLS AND INCREASING THE RECONNECTION CHARGE FOR ACCOUNTS DISCONNECTED FOR FAILURE TO PAY FOR WATER SERVICE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. LP&L is not presently collecting actual costs to process overdue water bills and to reconnect those water services for customers that were disconnected for failure to pay. This ordinance extends the time period for customers to pay for water service from fifteen days to twenty-one days, provides for a 5 % late payment interest charge on overdue bills, and increases the reconnect fee during normal working hours from $6 to $44. The reconnect fee outside of normal working hours is being increased from $15 to $57. The staff recommended that the Mayor and City Council approve the ordinance. (23.) Ordinance No. 2001-00045 amending Subsection 27-182(a) of the Code of Ordinances of the City of Lubbock so as to allow contracts with one or more tow truck businesses to perform non -consent tows on behalf of the police department to be awarded on the basis of competitive bids or competitive proposals (first reading). ORDINANCE NO. 2001-00045 AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, PERTAINING TO TOW TRUCK SERVICES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 375 Regular City Council Meeting June 14, 2001 Page 376 Amending this ordinance to add the phrase "or competitive proposals" will allow the City more flexibility when contracting for non -consent tow truck services. The Purchasing Department and the Police Department recommended approval of the first reading of this ordinance. (24.) Ordinance No. 2001-00046 abandoning and closing an underground utility easement located in Lot A-1-B, University Pines Addition to the City of Lubbock (9410 University Avenue) (first reading). ORDINANCE NO. 2001-00046 AN ORDINANCE ABANDONING AND CLOSING A UNDERGROUND UTILITY EASEMENT LOCATED IN LOT A-1-13, UNIVERSITY PINES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This underground utility easement is being closed for replat purposes. This easement is located west of University Avenue and south of 94th Street. A new easement will be dedicated to replace a portion of this easement being closed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (25.) Resolution No. 2001-RO199 authorizing the Mayor to execute an easement with Energas in Section 2, Block D3 Lubbock County (east side of Lubbock International Airport). R 376 Regular City Council Meeting June 14, 2001 Page 377 ESOLUTION NO. 2001-RO199 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 instrument entitled "Gas Line Easement" covering a part of Section 2, Block D-3, Lubbock, Lubbock County, Texas, unto Energy Company, a Division of Atmos Energy Corporation, and related documents. Said instrument 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 14th day of June, 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 Easement is filed with Resolution No. 2001-R0199. Energas is in the process of constructing a new gas line at the airport to serve the new fire department training field. This north -south gas line will be located in this easement to be granted to Energas and is in the east airport industrial area just east of the airport fire station, north of Independence Street. This easement measures 20-feet wide by 872-feet long and contains 17,440 square feet. The Right -of -Way Department recommended the approval of this resolution. (26•) Resolution No. 2001-RO200 authorizing the Right -of -Way Department to make an offer to Robert C. Hobgood, Ulyss 0. Hobgood, and Martha Ruth Brewer, Trustees of "The Hobgood Family Trust" for a tract of land in Section 5, Block B, Lubbock County, Texas (1600 East 19th Street). RESOLUTION NO. 2001-00200 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, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to 377 Regular City Council Meeting June 14, 2001 Page 378 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 fee simple title to 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 owners of said tract, being ROBERT C. HOBGOOD, ULYSS O. HOBGOOD AND MARTHA RUTH BREWER, Trustees of "The Hobgood Family Trust", pursuant to that certain Indenture of Trust, filed for record in Volume 2435, Page 55 of the Real Property Records of Lubbock County, Texas, and in Volume 1846, Page 848 of the Deed Records of Lubbock County, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $9,568.00 which is the amount appraised as the value and total damages for the fee simple title 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 fee simple title. Passed by the City Council this 14th day of June, 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 Exhibit "A" is filed with Resolution No. 2001-R0200. This tract of land is located along the south side of East 19th Street, east of Canyon Lakes Drive, and just west of the Mae Simmons Community Center. This 2.99-acre tract of land is the only tract of land not owned by the City in this Canyon Lakes area south of 19th Street and west of Martin Luther King, Jr., Boulevard. At one time, the Hobgood family wanted $15,000 for this tract of land but they are now willing to sell it to the City for the appraised tax office value of $9,568. The Parks Department recommended that we acquire this property for future City use. The Right -of -Way Department recommended the approval of our offer to Robert C. Hobgood, Ulyss O. Hobgood, and Martha Ruth Brewer. (27.) Resolution No. 2001-R0201 authorizing the Mayor to execute a resolution releasing a 1.07-acre portion of Texas Department of 378 Regular City Council Meeting June 14, 2001 Page 379 Transportation Loop 289 right-of-way for TxDOT's sale (4001 West Loop 289). 379 Regular City Council Meeting June 14, 2001 Page 380 RESOLUTION NO. 2001-RO201 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Section E-2, Block 6, Lubbock County, Texas, being a part of that 14.586 acre tract of land conveyed by R.G. Henry and M.C. Kinser et al, to the State of Texas in Right -of -Way Deed recorded in Volume 705, Page 9, and Volume 706, Page 16, Deed Records of Lubbock County, Texas and adjoining that tract of land conveyed to John G. Wilkerson, Jr. and wife, Ruth C. Wilkerson in Warranty Deed recorded in Volume 1847, Page 832, 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 14th day of June, 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-RO201 TxDOT has been approached by the property owner at 4601 West Loop 289 to purchase a portion of Loop 289 that was acquired by TxDOT several years ago. This portion of Loop 289 was acquired for the east side of Loop 289, just south of the Brownfield Highway. This piece of Loop 289 right-of-way is currently in use, but will change after the construction of the Marsha Sharp (aka East-West) Freeway. TxDOT has agreed to sell this 1.07 area tract to John G. Wilkerson, Jr. and TxDOT will receive an access easement from Mr. Wilkerson. Regular City Council Meeting June 14, 2001 Page 381 TxDOT has requested that staff gives our permission for this sale and that is what this resolution will do. The Street/Drainage Engineering Department has reviewed this sale. The Right -of -Way Department recommended the approval of this sale by TxDOT. (28.) Resolution No. 2001-RO202 authorizing the Mayor to execute an agreement entitled "Agreement to Relocate and Maintain Power Line" with South Plains Electric Cooperative, Inc. for the Lubbock International Airport Railroad Spur project (north of Airport). RESOLUTION NO. 2001-RO202 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 entitled "Agreement to Relocate and Maintain Power Line", by and between the City of Lubbock, Texas and South Plains Electric Cooperative, Inc., 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 Council. Passed by the City Council this 14th day of June 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 L. Chamales Supervising Attorney, Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0202. This agreement authorizes SPEC to relocate and/or adjust their power line along the south side of FM 1294 just north of the airport for the Airport railroad spur project. Estimated cost for this relocation is $3,000. The Right -of -Way Department recommended the approval of this agreement with SPEC. (29.) Resolution No. 2001-RO203 authorizing the Right -of -Way Department to make an offer to William H. McKelvy and wife, Mildred Williamson McKelvy, for permanent water line easements in Section 19, Block AK, Lubbock County, Texas (6501 114th Street). 381 Regular City Council Meeting June 14, 2001 Page 382 RESOLUTION NO. 2001-RO203 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 underground water line easements in the southwest Lubbock annexation area, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent underground water line easements to each of the following described parcels of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT William H. McKelvy & wife, Mildred Williamson McKelvy $8276.00 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in Exhibits A & B attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcels 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 granting of permanent underground water line easements, 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 parcel as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 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 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-R203. 382 Regular City Council Meeting June 14, 2001 Page 383 The City of Lubbock recently annexed several sections of land in southwest Lubbock. The Water Utilities Department is in its second phase of installing water lines in this area. The majority of the property owners in this area have worked with the City and given us easements. Water Utilities needs two 15-foot permanent easements across property owned by Mr. & Mrs. McKelvy. The first easement starts in the southwest corner of 114th Street and Milwaukee and runs west along the south side of 114th for 2590 feet. The second easement starts in the southwest corner of 114th Street and Milwaukee Avenue and runs south along the west side of Milwaukee Avenue for 610 feet. Don Harris, MAI, has appraised these easements at $8276, which is our offer to the McKelvys. This resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these easements. The Right -of -Way Department recommended the approval of this offer to the McKelvys. (30.) Resolution No. 2001-RO204 authorizing the Mayor to execute a monitor well permit with Atkemix 37, Inc. for use of City owned property (2608 N. Quaker). RESOLUTION NO. 2001-RO204 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, by and between the City of Lubbock and ATKEMIX 37, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 the Agreements is filed with Resolution No. 2001-R0204. 383 Regular City Council Meeting June 14, 2001 Page 384 This monitor well permit allows Atkemix 37, Inc.'s representative, Arcadis Geraghty and Miller of Lubbock, to drill two monitor wells on City property located at North Quaker and Clovis Road. This is being done to investigate the extent of ground water contamination that has leaked from the former Stouffer Chemical business site at the northwest corner of North Quaker and Clovis Road. It is possible that the contamination from the site has migrated into the City of Lubbock's right-of-way and TNRCC has requested that they go off site with this investigation to determine how far the contamination has spread. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $200 per year for the two well locations. The Right -of -Way Department recommended the approval of this monitor well permit. (31.) Resolution No. 2001-RO205 authorizing the Mayor to execute a lease agreement with Indiana Avenue Baptist Church for a Water Utilities stack lot (3106 98th Street) . RESOLUTION NO. 2001-RO205 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 Lease agreement between the City of Lubbock and Indiana Avenue Baptist Church, for a tract of land to be used as a stack lot for water utilities pipe and related materials, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky Garza, Interim City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0205. The City's Water Utilities Department will soon be installing sewer lines in this area south of 98th and Memphis. They have ordered the pipe and need a stack lot in the area of 98th Street and Memphis Avenue. Indiana Avenue Baptist Church has agreed to lease the City a site measuring 341 feet by 285 feet at the southeast corner of their property at 98th Street 384 Regular City Council Meeting June 14, 2001 Page 385 and Indiana Avenue. This lease will be for one year with one 6-month option period for a total of 1'/2years. They have agreed to lease the City this tract of land for $1,000 per year. The City will fence this property and stack material and equipment on it. The Right -of -Way Department recommended the approval of this lease. (32.) Resolution No. 2001-RO206 authorizing the Mayor to execute an "Agreement to Lower and Maintain Pipeline" between the City and BP Pipelines (North America), Inc. for the relocation of a pipeline for the Airport Railroad Spur project (north of Airport). RESOLUTION NO. 2001-RO206 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and BP Pipelines (North America) Inc. to relocate and maintain pipeline, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of June, 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 L. Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0206. The new Lubbock International Airport Railroad Spur project will involve crossing a BP Amoco pipeline just south of FM 1294 and just east of I-27. This agreement allows BP Amoco to lower their line for an estimated cost of $70,000. The Right -of -Way Department recommended the approval of this agreement. (33.) Resolution No. 2001-RO207 authorizing the Mayor to execute an "Agreement to Relocate and Maintain Telephone Lines" with Southwestern Bell Telephone Company for the Lubbock International Airport Railroad Spur project (north of Airport). 385 Regular City Council Meeting June 14, 2001 Page 386 RESOLUTION NO. 2001-RO207 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Southwestern Bell Telephone Company to relocate and maintain telephone lines, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of June, 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 L. Chamales Supervising Attorney/Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0207. This agreement with Southwestern Bell is for the relocation or adjustment of three telephone cables in conjunction with the airport railroad spur project. One cable is located along the east side of old Highway US87, the second cable is located on the north side of FM 1294 and the third cable is on the south side of FM 1294. These relocations will be performed at an estimated cost of $10,816.98. The Right -of -Way Department recommended the approval of this agreement with Southwestern Bell Telephone Company. (34.) Resolution No. 2001-RO208 authorizing the Right -of -Way Department to make an offer to the Market Lubbock Economic Development Corporation for a 7.721 acre fee simple taking and a 0.3444 acre drainage easement in Section 38, Block D, Lubbock County for the Lubbock International Airport Railroad Spur project (north of the Airport). RESOLUTION NO. 2001-RO208 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 a Lubbock International Airport Railroad Spur Track; and the City Council of said City finds it in Regular City Council Meeting June 14, 2001 Page 387 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 fee simple title to the tract of land and drainage easement further described in Exhibit "A" and Exhibit "B" 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 the Market Lubbock Economic Development Corporation BE offered through the Right -of -Way Department of the City of Lubbock, the amount of $61,400.00 which is the amount appraised as the value and total damages for the fee simple title and 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 fee simple title and the drainage easement. Passed by the City Council this 14th day of June, 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 Exhibits "A" and "B" is filed with Resolution No. 2001-R0208. This 7.721-acre fee simple taking and the 0.3444-acre drainage easement are being acquired from the Market Lubbock Economic Development Corporation for the airport railroad spur track project. This property was recently acquired by Market Lubbock from the Bruce E. Gentry, Sr. and Jr. Estates to whom the City made an offer through Resolution No. 2001-R0136, dated April 12, 2001 for this same property. This property was appraised by Tommy Cantrell, MAI, for $61,400. The 7.721-acre fee simple taking was appraised at $61,180 and the 0.3444-acre easement was appraised for $220. Therefore, our offer to the Market Lubbock Economic Development Corporation is $61,400. The Right -of -Way Department recommended the approval of our offer to the Market Lubbock Economic Development Corporation. (35.) Resolution No. 2001-R0209 authorizing the Mayor to execute an agreement for "Lease of Land for Construction/Rehabilitation of Track" with Burlington Northern Santa Fe Railway Company 387 Regular City Council Meeting June 14, 2001 Page 388 (BNSF) for the Lubbock International Airport Railroad Spur project (north of Airport). Regular City Council Meeting June 14, 2001 Page 389 RESOLUTION NO. 2001-RO209 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 Lease of Land for Construction/Rehabilitation of Track between the City of Lubbock and the Burlington Northern and Santa Fe Railway Company, and any other related documents. Said Lease 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 14th day of June, 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 L. Chamales Supervising Attorney - Office Practice A copy of the Lease is filed with Resolution No. 2001-R0209. This new airport spur track will connect with the existing BNSF track that runs from Lubbock to Amarillo approximately one-half of a mile north of FM 1294. This agreement grants the City the right to utilize this BNSF right-of-way for the Spur track switch. The charge for this agreement is $500. The Right -of -Way Department recommended the approval of this agreement with BNSF. (36.) Resolution No. 2001-RO210 authorizing the Mayor to execute an "Industry Track Agreement" with Burlington Northern Santa Fe Railway Company (BNSF) for the Lubbock International Airport Railroad Spur project (north of Airport). RESOLUTION NO. 2001-RO210 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 Industry Track Agreement between the City of Lubbock and the Burlington Northern and Santa Fe Railway Company, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. RM Regular City Council Meeting June 14, 2001 Page 390 Passed by the City Council this 14th day of June, 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 L. Chamales Supervising Attorney - Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0210. This new airport spur track will connect with the existing BNSF track that runs from Lubbock to Amarillo approximately one-half of a mile north of FM 1294. This Industry Track Agreement serves as an operating agreement between the City and BNSF. This operating agreement describes who will maintain the track areas and defines the operation of it. The Right -of -Way Department recommended the approval of this agreement with BNSF. (37.) Resolution No. 2001-RO211 authorizing the Mayor to execute an "Agreement to Relocate and Maintain Telephone Lines" with Touch America for the Lubbock International Airport Railroad Spur project (north of Airport). RESOLUTION NO. 2001-RO211 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Touch America to relocate and maintain telephone lines, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 390 Regular City Council Meeting June 14, 2001 Page 391 /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/ Office Practice A copy of the Agreement is filed with Resolution No. 2001-R0211. This agreement with Touch America is for the relocation or adjustment of two communication cables in conjunction with the airport railroad spur project. One cable is located on the north side of FM 1294 and the second cable is on the south side of FM 1294. These relocations will be performed at an estimated cost of $8,500. The Right -of -Way Department recommended the approval of this agreement with Touch America. (38.) Resolution No. 2001-RO212 authorizing the Mayor to execute a contract with Parkhill, Smith and Cooper, Inc., for the engineering work on the Miller Park Drainage Improvements Project. RESOLUTION NO. 2001-RO212 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for Engineering Services, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2001-R0212. The Miller Park Drainage Improvements project was approved by the voters in the previous bond election. The project will provide for a sub- surface drainage system in Miller Park where currently storm water is 391 Regular City Council Meeting June 14, 2001 Page 392 being directed through the park in grass swales causing maintenance problems and complaints. The engineering contract has been negotiated with Parkhill, Smith and Cooper, Inc., as the Miller Park Drainage Improvements will connect to the South Central Drainage System that also goes through Miller Park. The contract is a not to exceed contract in the amount of $55,982. If the contract is approved the engineering work should be completed by September 1, 2001. Staff recommended approval of this resolution. (39.) Resolution No. 2001-RO213 accepting paving improvements constructed by Williams and Peters Construction Co., in Stonebrook Addition, Lots 1-83. RESOLUTION NO. 2001-RO213 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 - 83, Stonebrook 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 -mentioned Addition, including the following streets and avenues: Geneva Avenue from the South lip line of 105`h Street to the cul-de-sac 280 feet South of 1051h Street, known and designated as new Subdivision Sub -Unit Number 87 of Unit Number 2039. Hartford Avenue from the South lip line of 105' Street to the cul-de-sac 280 feet South of 105`' Street, known and designated as new Subdivision Sub -Unit Number 88 of Unit Number 2039. Hudson Avenue from the South lip line of 105`h Street to the cul-de-sac 280 feet South of 105`h Street, known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2039. Geneva Avenue from the North lip line of 105`h Street to the South lip line of 104`h Street, known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2039. Hartford Avenue from the North lip line of 104`' Street to the South lip line of 103`d Street, known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2039. The South half of 103`d Street from 400 feet East of Hartford Avenue to the East edge of pavement of Indiana Avenue, known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2039. 104`h Street from 400 feet East of Hartford Avenue to the cul-de-sac 400 feet West of Hartford Avenue, known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2039. 105`h Street from the East edge of pavement of Indiana Avenue to the East end of radius of the alley East of Geneva Avenue, known and designated as new Subdivision Sub -Unit Number 94 of Unit Number 2039. 392 Regular City Council Meeting June 14, 2001 Page 393 Reconstruction of a portion of the North half of 103`d Street from the East lip line of Indiana Avenue to the East lip line of Hartford Avenue, known and designated as New Subdivision Sub -Unit Number 95 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 and to direct payment of the City's portion of the cost in the amount of $2,884.40 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 14th day of June, 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: Geneva Avenue from 105th Street to the cul-de-sac south of 105th Street. Hartford Avenue from 105th Street to the cul-de-sac south of 105th Street. Hudson Avenue from 105th Street to the cul-de-sac south of 105th Street. Geneva Avenue from 105th Street to 104th Street. Hartford Avenue from 104th Street to 103rd Street. 393 Regular City Council Meeting June 14, 2001 Page 394 The south half of 103rd Street from 400 feet east of Hartford Avenue to Indiana Avenue. 104th Street from 400 feet east of Hartford Avenue to the cul-de-sac 400 feet west of Hartford Avenue. 105th Street from Indiana Avenue to the alley east of Geneva Avenue. Reconstruction of a portion of the north half of 103rd Street from Indiana Avenue to Hartford Avenue City cost in the amount of $2884.40 for City's extra width paving on 103rd Street 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. (40.) Resolution No. 2001-RO214 accepting paving improvements constructed by Lone Star Dirt and Paving, in Sunrise Addition, Lots 65-144. RESOLUTION NO. 2001-RO214 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 1 - 64, Sunrise Estates 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 University Avenue from 7.00 feet South of the South property line of the alley South of 110`h Street to 7.00 feet North of the North property line of the alley North of 109' Street (curb and gutter, valley gutters and alley returns only), known and designated as New Subdivision Sub -Unit Number 96 of Unit Number 2038. 109`h Street from the East lip line of Akron Avenue to the West back of curb of University Avenue, known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2038. 110`h Street from the East lip line of Akron Avenue to the West lip line of University Avenue, known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2038. Akron Avenue from 7.00 feet South of the South property line of the alley South of 110`h Street to 7.00 feet North of the North property line of the alley North of 109`' Street, known and designated as New Subdivision Sub -Unit Number 99 of Unit Number 2038. 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: 394 Regular City Council Meeting June 14, 2001 Page 395 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. 395 Regular City Council Meeting June 14, 2001 Page 396 Passed by the City Council this 14th day of June, 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/ William de Haas William de Haas Competition and Contracts Manager/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 109th 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. City cost in the amount of $9,406.76 for City's extra width paving on 108th Street 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. (41.) Resolution No. 2001-RO215 accepting paving improvements constructed by Lone Star Dirt and Paving, Revier Homestead Addition, Lots 27-113. RESOLUTION NO. 2001-RO215 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 27-113 Rev ier Homestead 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 396 Regular City Council Meeting June 14, 2001 Page 397 the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The West half of Fulton Avenue from 75.5 feet North of the North end of radius of 6`' Street to the East end of radius of curve at 81h Street, known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2040. 6`h Street from the cul-de-sac West of Fulton Avenue to the West lip line of Fulton Avenue, known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2040. 10`h Street from 250 feet West of Genoa Avenue to the North lip line of Genoa Avenue at 10`' Street (including drainage channel), known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2040. 8`h Street from the Southeast end of radius at Iola Drive to the West lip line of Fulton Avenue, known and designated as New Subdivision Sub -Unit Number 49 of unit Number 2040. Genoa Avenue from the South lip line of 8'h Street to the cul-de-sac South of 8`h Street, known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2040. 9`h Drive/9`' Street from the Southeast end of radius at Iola Drive to the West end of radius at Genoa Avenue, known and designated as New Subdivision Sub - Unit Number 51 of Unit Number 2040. Grover Avenue from the North lip line of 9`' Street to the South lip line of 81h Street, known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2040. Genoa Avenue from the North lip line of 10`' Street to the West end of radius of 9`h Street at Genoa Avenue, known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2040. Alley returns along the South side of Iola Drive Northeast of 9`' Drive and Northeast of 81h Street, known and designated as New Subdivision Sub -Unit Number 54 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR 397 Regular City Council Meeting June 14, 2001 Page 398 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 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: The west half of Fulton Avenue from 75.5 feet north of 6th Street to 8th Street. 6th Street from the cul-de-sac west of Fulton Avenue to Fulton Avenue. loth Street from 250 feet west of Genoa Avenue to Genoa Avenue. 8th Street from Iola Drive to Fulton Avenue. Genoa Avenue from 8th Street to the cul-de-sac south of 8th Street. 9th Drive/9th Street from Iola Drive to Genoa Avenue. Grover Avenue from 9th Street to 8th Street. Genoa Avenue from loth Street to 9th Street. Alley returns along the south side of Iola Drive northeast of 9th Drive and northeast of 8th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (42.) Resolution No. 2001-RO216 accepting paving improvements constructed by Williams and Peters Construction Co., Westchester Park Addition, Lots 311- 413. RESOLUTION NO. 2001-RO216 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 311-413 Westchester Park Addition, made arrangements with Williams and 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 -mentioned Addition, including the following streets and avenues: Regular City Council Meeting June 14, 2001 Page 399 5`' Street from the West lip line of Oak Ridge Avenue to the West end of radius of the alley West of Primrose Avenue, known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2039. Oak Ridge Avenue from the South edge of pavement of 4`' Street to the South end of radius of the alley South of 5`h Street, known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2039. Pontiac Avenue from the South edge of pavement of 4`' Street to the North lip line of 5' Street, known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2039. Pontiac Avenue from the South lip line of 5`' Street to the South end of radius of the alley South of 5`' Street, known and designated as New Subdivision Sub - Unit Number 61 of Unit Number 2039. Oshkosh Avenue from the North lip line of 5`' Street to the cul-de-sac North of 5" Street, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2039. Prentiss Avenue from the North lip line of 5°i Street to the cul-de-sac North of 5"' Street, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2039. Primrose Avenue from the North lip line of 5' Street to the cul-de-sac North of 5`' Street, known and designated as New Subdivision Sub -Unit Number 64 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. Passed by the City Council this 14th day of June, 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 399 Regular City Council Meeting June 14, 2001 Page 400 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: 5th Street from Oak Ridge Avenue to the alley west of Primrose Avenue. Oak Ridge Avenue from 4th Street to the alley south of 5th Street. Pontiac Avenue from 4th Street to 5th Street. Pontiac Avenue from 5th Street to the alley south of 5th Street. Oshkosh Avenue from 5th Street to the cul-de-sac north of 5th Street. Prentiss Avenue from 5th Street to the cul-de-sac north of 5th Street. Primrose Avenue from 5th Street to the cul-de-sac north of 5th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (43.) Resolution No. 2001-RO217 accepting paving improvements constructed by Williams and Peters Construction Co., Papalote South Addition, Lots 79-121. RESOLUTION NO. 2001-RO217 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 79-121 Papalote South Addition, made arrangements with Williams and 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 -mentioned Addition, including the following streets and avenues: Prentiss Avenue from the Southeast edge of pavement at 76' Street to the North edge of pavement of 79' Street, known and designated as New Subdivision Sub - Unit Number 50 of Unit Number 2039. Primrose Avenue from the South edge of pavement of 79`' Street to the North lip line of 82"d Street, known and designated as New Subdivision Sub -Unit Number 51 of unit Number 2039. Primrose Avenue from the South edge of pavement of 78`h Street to the North edge of pavement of 79`h Street, known and designated as New Subdivision Sub - Unit Number 52 of Unit Number 2039. Quincy Avenue from the South edge of pavement of 761h Street to the cul-de-sac South of 78`' Street, known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2039. M Regular City Council Meeting June 14, 2001 Page 401 78' Street from the alley East of Saratoga Avenue to the West edge of pavement of Quincy Avenue, known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2039. 78' Street from the East edge of pavement of Quincy Avenue to the West edge of pavement of Prentiss Avenue, known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2039. 79' Street from the cul-de-sac West of Primrose Avenue to the cul-de-sac East of Primrose Avenue, known and designated as New Subdivision Sub -Unit Number 56 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. Passed by the City Council this 14th day of June, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Lagy 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: Prentiss Avenue from 76th Street to 79th Street. Primrose Avenue from 79th Street to 82nd Street. Primrose Avenue from 78th Street to 79th Street. 401 Regular City Council Meeting June 14, 2001 Page 402 Quincy Avenue from 76th Street to the cul-de-sac south of 78th Street 78th Street from the alley east of Saratoga Avenue to Quincy Avenue. 78th Street from Quincy Avenue to Prentiss Avenue. 79th Street from the cul-de-sac west of Primrose Avenue to the cul-de- sac east of Primrose Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (44.) Resolution No. 2001-RO218 constructed by West Texas Addition, Lots 1-78. accepting paving improvements Paving Co., Habitat for Humanity RESOLUTION NO. 2001-RO218 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 1-78 and Tract "A" Habitat for Humanity Addition, made arrangements with West Texas Paving 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: Emory Street from the East lip line of North Vernon Avenue to the West lip line of North Avenue "U", known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2040. North Avenue "V" from the South lip line of Emory Street to the West end of radius at Duke Street and North Avenue "V", known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2040. Dartmouth Street from the East lip line of North Vernon Avenue to the West lip line of North Avenue "U", known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2040. Duke Street from the East lip line of North Ulrich Avenue to the West lip line of North Avenue "U", known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2040. Duke Street from the East lip line of North Vernon Avenue to the West end of radius at North Avenue "V" and Duke Street, known and designated as New Subdivision Sub -Unit Number 07 of Unit Number 2040. North Avenue "U" from the South end of radius of the alley North of Emory Street to the North end of radius of the alley South of Dartmouth Street, known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2040. North Ulrich Avenue from the South lip line of Emory Street to the North lip line of Dartmouth Street, known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2040. North Vernon Avenue from the South end of radius of the alley North of Emory Street to the North end of radius of the alley South of Dartmouth Street, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2040. 402 Regular City Council Meeting June 14, 2001 Page 403 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 14th day of June, 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: Emory Street from North Vernon Avenue to North Avenue U. North Avenue V from Emory Street to Duke Street. Dartmouth Street from North Vernon Avenue to North Avenue U. Duke Street from North Ulrich Avenue to North Avenue U. Duke Street from North Vernon Avenue to North Avenue V. North Avenue U from the alley north of Emory Street to the alley south of Dartmouth Street. North Ulrich Avenue from Emory Street to Dartmouth Street. North Vernon Avenue from the alley north of Emory Street to the alley south of Dartmouth Street. There is no City cost due the contractor upon this acceptance. 403 Regular City Council Meeting June 14, 2001 Page 404 Staff recommended acceptance of these paving improvements. (45.) Resolution No. 2001-RO219 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Texas Tech University to provide ticketing services through Select -a -Seat for non -athletic events at the United Spirit Arena. RESOLUTION NO. 2001-RO219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Ticketing Services Agreement by and between the City of Lubbock and Texas Tech University, and any associated documents, a copy of which Agreement is attached hereto and 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 of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, 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-R0219. Early last year the United Spirit Arena had several concert events that booked into their facility and requested that Select -a -Seat handle ticket sales for those events. Since that time, Select -a -Seat has handled the ticket sales for all of their non -athletic events. This arrangement has been beneficial for both the University and the City. It is the desire of both Texas Tech University and the City of Lubbock that staff enters into a formal interlocal agreement for providing those services. The key components of the agreement are as follows: Select -a -Seat would be designated as the official ticketing service provider for all non -athletic ticketed events at the United Spirit Arena. The term of the agreement would be for one year and shall be renewed automatically for successive one-year periods, unless terminated by either party in writing at least 60 days prior to the end of the applicable contract period. l• Regular City Council Meeting June 14, 2001 Page 405 The City will execute a separate Box Office Agreement with each of the University's tenants that will be utilizing the Select -a -Seat ticketing service. It is the same Box Office Agreement that is currently executed with tenants of the Auditorium -Coliseum and Civic Center and is attached to the Texas Tech interlocal agreement as an exhibit. Advance tickets will be sold at the main Select -a -Seat ticket office in Memphis Place Mall and all other Select -a -Seat outlets. Select -a -Seat staff will sell tickets at the Arena on the day of the event, generally one hour before doors open. The tenants of the United Spirit Arena will pay the fees associated with providing the service directly to Select -a -Seat. These fees will be withheld from ticket proceeds. In addition, handling fees will be added to the price of each ticket in the same manner that they currently are for Auditorium/Coliseum and Civic Center events. The interlocal agreement between the City of Lubbock and Texas Tech University will formally designate Select -a -Seat as the official ticketing service provider for all non -athletic events that utilize the United Spirit Arena. The exhibit attached to the interlocal agreement is a sample box office agreement that will be executed with each United Spirit Arena tenant and is the same agreement currently utilized for tenants of the Auditorium -Coliseum and Civic Center. Staff recommended that the Ticketing Services Agreement with Texas Tech University be approved. (46.) Resolution No. 2001-RO220 authorizing the expenditure of Tax Increment Finance funds by the City's Traffic Engineering Department for the "Downtown Angle Parking" Capital Project to increase parking spaces in the downtown area of the Central Business District. RESOLUTION NO. 2001-RO220 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock or his designee BE and is hereby authorized to expend the balance of the Tax Increment Finance Funds through its closeout for use by the City's Traffic Engineering Department for the "Downtown Angle Parking" Capital Project to increase parking spaces in the downtown area of the Central Business District. Passed by the City Council this 14th day of June, 2001. /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 L. Sims Amy L. Sims, Assistant City Attorney In 1977, the Tax Increment Financing tool was adopted as an amendment to the Texas Urban Renewal Law (Article 12691-3 405 Regular City Council Meeting June 14, 2001 Page 406 V.A.T.S.). The amendment allows the establishment of a Tax Increment Financing District (TIF), where the total appraised value of real property in the zone is designated as the Tax Increment Base. Tax increment financing allows a city to designate a zone and establish a base appraised value of the real property within the zone for a stated number of years. Any increases in the appraised value and revenues generated by taxes on the captured appraised value are the tax increment funds. Public and private improvements for the area may be financed by the TIF funds. A Tax Increment Financing District to the Neighborhood Development Plan (NDP) was established by the City Council on December 18, 1986 under Ordinance No. 8997. The TIF was established for a period of fifteen years and expires on December 18, 2001. At the Urban Renewal Board of Commissioner's meeting of May 15, 2001, the City's Traffic Engineering Department requested $9,000 of the TIF funds to increase the number of street parking spaces from approximately 2,200 to 2,625. According to the endorsement and recommendation by the Lubbock CenterCorp, Inc.'s study committee; the proposed increase of 425 spaces will enhance economic development and the revitalization of the downtown area. Thermo -Plastic material for layout and striping with an estimated life of seven years will be used in the entire project. Funding for the proposed project is as follows: City of Lubbock Street Capital Project Fund $18,000 Rev.00/01 ($60,000 Future) Tax Increment Financing District Funds 9,000 TOTAL: $27,000 Approval of this item is in conjunction with the approval of the Capital Projects request in the 2000-01 revised budget to increase parking spaces in the downtown Central Business District. At its meeting of May 15, 2001, the Urban Renewal Board of Commissioners recommended funding for this project to include the balance of the funds in the TIF through its closeout, which ends December 18, 2001. (47.) Resolution No. 2001-RO221 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 2000— 01 use of in -kind services by City of Lubbock Departments for special event support. RESOLUTION NO. 2001-RO221 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY2000-2001 use of in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto, which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Regular City Council Meeting June 14, 2001 Page 407 Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: — /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0221. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special event policy was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90% is earmarked for existing events, while the remaining 10% is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special event policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the application is reviewed by departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers was requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant application for in - kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Parks and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. On May 22, 2001, the Parks and Recreation Board approved the aggregate scoring and recommended the following Special Event Applications for in -kind services: EventIn-Kind e uested PercentIn-Kind Awarded froposed West Texas Runnin Club $285 3 % $208 Light the Night Walk $205 88 % $180 Total $490 $388 To date, there is a total of $91,319 of in -kind services approved for FY 2000-01 with a total of $388 to be considered for approval, all of which 407 Regular City Council Meeting June 14, 2001 Page 408 will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Since both events being recommended for approval are new events, this would leave a balance of $19,612 of in -kind services that can be allocated for new special events in FY 2000-01. The total amount approved for FY 2000-01 for existing events is $91,319. Leaving a balance of $88,681 available for existing events for FY 2000-01. Staff recommended approving the two applications for the in -kind services to be provided through the Special Events Policy adopted by City Council. (48.) Resolution No. 2001-R0222 authorizing the Mayor to execute the Certificated Passenger Airline Operating Agreement and Terminal Building Lease between American Eagle and the City of Lubbock. ,m Regular City Council Meeting June 14, 2001 Page 409 RESOLUTION NO. 2001-RO222 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, for Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and American Eagle Airlines, Inc., and related documents. Said Lease 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark N. Earle Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0222. In April 1999, the City of Lubbock initiated lease negotiations with the airlines that provide passenger service at Lubbock International Airport. The previous lease was set to expire on September 30, 1999. Following a format established in previous airline lease negotiations, the City put together a team made up of four members of the airport staff and a representative of the Lubbock International Airport Board. Throughout the process, the team received assistance from the City Attorney's Office, the Risk Management Office and the Contracts Manager. The City negotiation team also made periodic progress reports to the Airport Board. The airline negotiation team consisted of one representative from each airline that serves Lubbock International Airport. After nearly five months of negotiations, it became apparent that the City and the airlines would not come to terms prior to the expiration of the old lease agreement. To facilitate further negotiations without an interruption in service, the City gave approval to the airlines to hold over under the terms of the old agreement until a new agreement was reached. Eleven months into the negotiation process, an accord was reached on the fee structure and term of the new agreement. The negotiation teams then began to work through a myriad of issues, including definition of terms, risk management, and the disposition of reserve funds established ,R Regular City Council Meeting June 14, 2001 Page 410 under the previous agreement. It soon became apparent to the City team that it would take several more months for the airline team to coordinate their response. To ensure that the City was not penalized financially for delays caused by the airlines, the City team proposed to make the agreement retroactive to May 1, 2000. The airline team agreed to the City's proposal. A number of complications, including personnel changes at the airlines and the re-entry of ASA Airlines into the Lubbock market, extended the negotiations process for an additional year. A final agreement was reached on May 16, 2001. Key features of the new agreement are as follows: Six year term retroactive to May 1, 2000. Rental rate for Exclusive Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Rental rate for Joint Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Landing fees increased from $0.65 to $0.70 in year one, $0.75 in year three, and $0.80 in year five. Loading bridge fees increase from $7 per use to $10 per use. In the old agreement, income from loading bridge fees was placed in a fund restricted for loading bridge maintenance only. Funds not utilized for this purpose by the end of the term of the agreement would revert to the airlines. In new agreement, income from this fee belongs to City and is unrestricted. New agreement has provisions that automatically increase rental and landing fees to non -signatory rates (approximately 25 % higher than signatory rates) in the event that future lease negotiations extend more than 12 months beyond the end of initial term of the agreement. In the year prior to initiation of the agreement, the City received total revenues of $1,997,773.33 from the airlines. In the first year of the new agreement the City will receive $2,153,713.87 in total revenues from the airlines, representing a 7.8 % increase over the prior year. Assuming zero growth, estimated revenues of each year of the agreement are shown below: Year 1: $2,153,713 Year 2: $2,173,068 Year 3: $2,262,095 Year 4: $2,275,443 Year 5: $2,365,805 Year 6: 1$2,380,487 The Airport Board reviewed this agreement and recommended approval. Staff also recommended approval. (49) Resolution No. 2001-R0223 authorizing the Mayor to execute the Certificated Passenger Airline Operating Agreement and Terminal 410 Regular City Council Meeting June 14, 2001 Page 411 Building Lease between Atlantic Southeast Airlines and the City of Lubbock. RESOLUTION NO. 2001-RO223 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, for Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and Atlantic Southeast Airlines, Inc., and related documents. Said Lease 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark N. Earle Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0223. In April 1999, the City of Lubbock initiated lease negotiations with the airlines that provide passenger service at Lubbock International Airport. The previous lease was set to expire on September 30, 1999. Following a format established in previous airline lease negotiations, the City put together a team made up of four members of the airport staff and a representative of the Lubbock International Airport Board. Throughout the process, the team received assistance from the City Attorney's Office, the Risk Management Office and the Contracts Manager. The City negotiation team also made periodic progress reports to the Airport Board. The airline negotiation team consisted of one representative from each airline that serves Lubbock International Airport. After nearly five months of negotiations, it became apparent that the City and the airlines would not come to terms prior to the expiration of the old lease agreement. To facilitate further negotiations without an interruption in service, the City gave approval to the airlines to hold over under the terms of the old agreement until a new agreement was reached. 411 Regular City Council Meeting June 14, 2001 Page 412 Eleven months into the negotiation process, an accord was reached on the fee structure and term of the new agreement. The negotiation teams then began to work through a myriad of issues, including definition of terms, risk management, and the disposition of reserve funds established under the previous agreement. It soon became apparent to the City team that it would take several more months for the airline team to coordinate their response. To ensure that the City was not penalized financially for delays caused by the airlines, the City team proposed to make the agreement retroactive to May 1, 2000. The airline team agreed to the City's proposal. A number of complications, including personnel changes at the airlines and the re-entry of ASA Airlines into the Lubbock market, extended the negotiations process for an additional year. A final agreement was reached on May 16, 2001. Key features of the new agreement are as follows: Six year term retroactive to May 1, 2000. Rental rate for Exclusive Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Rental rate for Joint Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Landing fees increased from $0.65 to $0.70 in year one, $0.75 in year three, and $0.80 in year five. Loading bridge fees increase from $7 per use to $10 per use. In the old agreement, income from loading bridge fees was placed in a fund restricted for loading bridge maintenance only. Funds not utilized for this purpose by the end of the term of the agreement would revert to the airlines. In new agreement, income from this fee belongs to City and is unrestricted. New agreement has provisions that automatically increase rental and landing fees to non -signatory rates (approximately 25 % higher than signatory rates) in the event that future lease negotiations extend more than 12 months beyond the end of initial term of the agreement. In the year prior to initiation of the agreement, the City received total revenues of $1,997,773.33 from the airlines. In the first year of the new agreement the City will receive $2,153,713.87 in total revenues from the airlines, representing a 7.8 % increase over the prior year. Assuming zero growth, estimated revenues of each year of the agreement are shown below: Year 1: $2,153,713 Year 2: $2,173,068 Year 3: $2,262,095 Year 4: $2,275,443 Year 5: 2,365,805 Year 6: 1$2,380,487 412 Regular City Council Meeting June 14, 2001 Page 413 The Airport Board reviewed this agreement and recommended approval. Staff also recommended approval. (50.) Resolution No. 2001-RO224 authorizing the Mayor to execute the Certificated Passenger Airline Operating Agreement and Terminal Building Lease between Continental Express and the City of Lubbock. RESOLUTION NO. 2001-RO224 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, for Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and Continental Express, Inc., and related documents. Said Lease 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0224. In April 1999, the City of Lubbock initiated lease negotiations with the airlines that provide passenger service at Lubbock International Airport. The previous lease was set to expire on September 30, 1999. Following a format established in previous airline lease negotiations, the City put together a team made up of four members of the airport staff and a representative of the Lubbock International Airport Board. Throughout the process, the team received assistance from the City Attorney's Office, the Risk Management Office and the Contracts Manager. The City negotiation team also made periodic progress reports to the Airport Board. The airline negotiation team consisted of one representative from each airline that serves Lubbock International Airport. After nearly five months of negotiations, it became apparent that the City and the airlines would not come to terms prior to the expiration of the old lease agreement. To facilitate further negotiations without an interruption in service, the City gave approval to the airlines to hold 413 Regular City Council Meeting June 14, 2001 Page 414 over under the terms of the old agreement until a new agreement was reached. Eleven months into the negotiation process, an accord was reached on the fee structure and term of the new agreement. The negotiation teams then began to work through a myriad of issues, including definition of terms, risk management, and the disposition of reserve funds established under the previous agreement. It soon became apparent to the City team that it would take several more months for the airline team to coordinate their response. To ensure that the City was not penalized financially for delays caused by the airlines, the City team proposed to make the agreement retroactive to May 1, 2000. The airline team agreed to the City's proposal. A number of complications, including personnel changes at the airlines and the re-entry of ASA Airlines into the Lubbock market, extended the negotiations process for an additional year. A final agreement was reached on May 16, 2001. Key features of the new agreement are as follows: Six year term retroactive to May 1, 2000. Rental rate for Exclusive Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Rental rate for Joint Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Landing fees increased from $0.65 to $0.70 in year one, $0.75 in year three, and $0.80 in year five. Loading bridge fees increase from $7 per use to $10 per use. In the old agreement, income from loading bridge fees was placed in a fund restricted for loading bridge maintenance only. Funds not utilized for this purpose by the end of the term of the agreement would revert to the airlines. In new agreement, income from this fee belongs to City and is unrestricted. New agreement has provisions that automatically increase rental and landing fees to non -signatory rates (approximately 25 % higher than signatory rates) in the event that future lease negotiations extend more than 12 months beyond the end of initial term of the agreement. In the year prior to initiation of the agreement, the City received total revenues of $1,997,773.33 from the airlines. In the first year of the new agreement the City will receive $2,153,713.87 in total revenues from the airlines, representing a 7.8 % increase over the prior year. Assuming zero growth, estimated revenues of each year of the agreement are shown below: ear 1: L$2,153,713ear 2: ear 3: ear 4: ear 5: 414 Regular City Council Meeting June 14, 2001 Page 415 ear 6: 1$2,380,487 The Airport Board reviewed this agreement and recommended approval. Staff also recommended approval. (51.) Resolution No. 2001-R225 authorizing the Mayor to execute the Certificated Passenger Airline Operating Agreement and Terminal Building Lease between Southwest Airlines, Co. and the City of Lubbock. 415 Regular City Council Meeting June 14, 2001 Page 416 RESOLUTION NO. 2001-RO225 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, for Certificated Passenger Airline Operating Agreement and Terminal Building Lease, by and between the City of Lubbock and Southwest Airlines Co., and related documents. Said Lease 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ H. David Jones for Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Lease Agreement is filed with Resolution No. 2001-R0225. In April 1999, the City of Lubbock initiated lease negotiations with the airlines that provide passenger service at Lubbock International Airport. The previous lease was set to expire on September 30, 1999. Following a format established in previous airline lease negotiations, the City put together a team made up of four members of the airport staff and a representative of the Lubbock International Airport Board. Throughout the process, the team received assistance from the City Attorney's Office, the Risk Management Office and the Contracts Manager. The City negotiation team also made periodic progress reports to the Airport Board. The airline negotiation team consisted of one representative from each airline that serves Lubbock International Airport. After nearly five months of negotiations, it became apparent that the City and the airlines would not come to terms prior to the expiration of the old lease agreement. To facilitate further negotiations without an interruption in service, the City gave approval to the airlines to hold over under the terms of the old agreement until a new agreement was reached. Eleven months into the negotiation process, an accord was reached on the fee structure and term of the new agreement. The negotiation teams then began to work through a myriad of issues, including definition of terms, risk management, and the disposition of reserve funds established under the previous agreement. It soon became apparent to the City team 416 Regular City Council Meeting June 14, 2001 Page 417 that it would take several more months for the airline team to coordinate their response. To ensure that the City was not penalized financially for delays caused by the airlines, the City team proposed to make the agreement retroactive to May 1, 2000. The airline team agreed to the City's proposal. A number of complications, including personnel changes at the airlines and the re-entry of ASA Airlines into the Lubbock market, extended the negotiations process for an additional year. A final agreement was reached on May 16, 2001. Key features of the new agreement are as follows: Six year term retroactive to May 1, 2000. Rental rate for Exclusive Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Rental rate for Joint Use Space increased from $13.83 to $14.50 in the first year of the agreement, plus annual CPI adjustments and $.50 increases in years three and five. Landing fees increased from $0.65 to $0.70 in year one, $0.75 in year three, and $0.80 in year five. Loading bridge fees increase from $7 per use to $10 per use. In the old agreement, income from loading bridge fees was placed in a fund restricted for loading bridge maintenance only. Funds not utilized for this purpose by the end of the term of the agreement would revert to the airlines. In new agreement, income from this fee belongs to City and is unrestricted. New agreement has provisions that automatically increase rental and landing fees to non -signatory rates (approximately 25 % higher than signatory rates) in the event that future lease negotiations extend more than 12 months beyond the end of initial term of the agreement. In the year prior to initiation of the agreement, the City received total revenues of $1,997,773.33 from the airlines. In the first year of the new agreement the City will receive $2,153,713.87 in total revenues from the airlines, representing a 7.8 % increase over the prior year. Assuming zero growth, estimated revenues of each year of the agreement are shown below: 3 8 lear 5 M$29,348n,"48 3 5 7 The Airport Board reviewed this agreement and recommended approval. Staff also recommended approval. (52.) Resolution No. 2001-RO226 authorizing the Mayor to execute an agreement between Parkhill, Smith and Cooper and the City of Lubbock for preliminary and final engineering design services, 417 Regular City Council Meeting June 14, 2001 Page 418 construction phase services and related testing for the reconfiguration and overlay of the public parking lots at the airport. RESOLUTION NO. 2001-RO226 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 Amendment No. 4, to the Agreement for Professional Services, dated June 12, 1997, between the City of Lubbock and Parkhill, Smith and Cooper, Inc., and related documents. Said Amendment 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Amendment is filed with Resolution No. 2001-R0226. In April 1997, the City Council approved a master engineering agreement with Parkhill Smith and Cooper (PSC) to provide design services on four projects at Lubbock International Airport. Under the terms of the agreement, the City notifies PSC when it is ready to proceed with one of the projects identified in the agreement. Staff then negotiates design fees, and places the fee structure before the City Council for approval in the form of an amendment to the master agreement. This agenda item involves an amendment that will authorize design work for one of the projects awarded to PSC under the 1997 agreement. The project involves the reconstruction and overlay of the public parking lots located at the main terminal and west terminal at Lubbock International Airport. Both parking facilities are deteriorating rapidly due to the age of the pavement surfaces and the harsh weather conditions experienced over the past winter. Airport revenues is the source of funding. This project will complete work on the main terminal lot initiated approximately two years ago when the lot was reconfigured to improve traffic now and increase the number of parking spaces. New work in the main terminal lot will consist primarily of reconstruction and resurfacing of the pavement. Work in the west terminal lot will include EM Regular City Council Meeting June 14, 2001 Page 419 reconfiguration to accommodate the needs of the airport's west side tenants, as well as reconstruction and resurfacing work. In addition to improving customer service, this project will address security issues that have been raised by the FAA's Flight Standards District Office, and will bring the parking lot into compliance with the Americans With Disabilities Act. The total estimated cost of this project is $2,450,647. The negotiated fee for preliminary and final design services is a not -to -exceed amount of $175,053 or 8 percent of total estimated construction cost. The negotiated fee for construction phase services, including resident project representation (RPR), is a not -to -exceed amount of $119, 850 or 5.7 percent of the total estimated construction cost. The fee for surveying and testing services is a not -to -exceed amount of $65,924. A review of the fees indicates that they fall within the guidelines developed by the Texas Society of Professional Engineers for large construction projects. The Airport Board reviewed this project and recommended approval. Staff also recommended approval. (53.) Resolution No. 2001-RO227 authorizing the Mayor to execute a letter requesting additional services with Parkhill, Smith and Cooper and the City of Lubbock for construction phase and resident project representation services for construction of airfield guidance signs at Lubbock International Airport. RESOLUTION NO. 2001-RO227 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter requesting Additional Services in accordance with a Professional Services Agreement, dated August 2, 2000, by and between the City of Lubbock and Parkhill, Smith, & Cooper, Inc., for Construction Period services and Resident Project Representation services, and related documents. Said letter 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Dean Mortensen for Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Letter is filed with Resolution No. 2001-R0227. EIR Regular City Council Meeting June 14, 2001 Page 420 In August 2000, the City of Lubbock selected Parkhill Smith and Cooper through a competitive proposal process to design FAA required upgrades to the airfield signage system at Lubbock International Airport. Staff negotiated a fee for design services through the bidding phase of the project in an amount not -to -exceed $24,000. Fees for construction phase services and resident project representation (RPR) were not established in the initial agreement, as it was not yet determined if the scope of the project warranted such services. The agreement provided, however, that these services could be added at a later date if needed. Now that design work has been completed, it has been determined that construction phase services and RPR will be required for this project. This amendment establishes hourly fees for the additional services, and sets a not -to -exceed amount of $18,316 for the work. With the additional fees, the maximum possible cost of all services rendered under the engineering services agreement would be $42,316. Ninety percent of this project will be funded through the FAA Airport Improvement Program. The remaining ten percent will come from the FAA Passenger Facility Charge Program. The Airport Board reviewed this project and recommended approval. Staff also recommended approval. (54.) Resolution No. 2001-RO228 authorizing acceptance of water and sanitary sewer improvements for Lots 414-481, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. R0228 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 414 - 481, WESTCHESTER PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 414 - 481, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 135,463.59 with the improvements constructed by Utility Contractors of America having a value of $97,329.75 as determined by the unit prices established by said Chapter 28, and $38,133.84 cash paid to the City, which amount includes $16,256.09 cash for adjacent lines, with Westchester Park I, Inc. the developer, to receive a refund of $44,203.86 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $44,203.86 be made in accordance with said Chapter 28. 420 Regular City Council Meeting June 14, 2001 Page 421 SECTION 3 THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 421 Regular City Council Meeting June 14, 2001 Page 422 Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $135,463.59 and has a value of $97,329.75 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $38,133.84 that includes $16,256.09 for adjacent mains. The developer, Westchester Park I, Inc., will receive a refund of $44,203.86 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located on 6th Street between Milwaukee and Primrose Avenues. Staff recommended acceptance of the improvements. (55.) Resolution No. 2001-RO229 authorizing acceptance of water and sanitary sewer improvements for Tract L, Westhaven Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO229 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT L, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract L, Westhaven Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $62, 507.53 with the improvements constructed by Allen Doggett Construction Co. having a value of $59,971.05 as determined by the unit prices established by said Chapter 28, and $2,536.48 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Royal Texas - Tennessee Ltd. Partnership the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: 422 Regular City Council Meeting June 14, 2001 Page 423 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $62,507.53 and has a value of $59,971.05 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $2,536.48 that includes $0.00 for adjacent mains. The developer, Royal Texas - Tennessee Ltd. Partnership, will not receive a refund. The subdivision is located between 2nd and 4th Streets and east of Hartford Avenue. Staff recommended acceptance of the improvements. (56.) Resolution No. 2001-RO230 authorizing acceptance of water and sanitary sewer improvements for Lots 1-16, Lewis Estates Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO230 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 - 16, LEWIS ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 - 16, Lewis Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and 423 Regular City Council Meeting June 14, 2001 Page 424 WHEREAS, the total utility cost to the developer is $ 58,773.52 with the improvements constructed by Utility Contractors of America having a value of $43,601.50 as determined by the unit prices established by said Chapter 28, and $15,172.02 cash paid to the City, which amount includes $12,934.12 cash for adjacent lines, with Royce Lewis Owner and Developer, to receive a refund of $5,503.05 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $5,503.05 be made in accordance with said Chapter 28. SECTION 3 THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision dhasavalue of $43 601 50 rg cost of the improvements is $58,773.52 an as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash forld to the adjacent City mains.Lubbock The is $15,172.02 that includes $12,934.1 developer, Royce Lewis Owner and Developer, will receive a refund of $5,503.05 in accordance with Chapter 28. There is no refund of deposit. sion is located between 19th and 22nd Streets along The subdivi Aberdeen Avenue. Staff recommended acceptance of the improvements. 424 Regular City Council Meeting June 14, 2001 Page 425 (57.) Resolution No. 2001-RO231 authorizing acceptance of water and sanitary sewer improvements for Tract A, Furniture Row Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO231 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT A, FURNITURE ROW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Furniture Row Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $ 25,308.89 with the improvements constructed by Weaver Ditching Services having a value of $18,899.49 as determined by the unit prices established by said Chapter 28, and $6,409.40 cash paid to the City, which amount includes $5,876.09 cash for adjacent lines, with Glover and Associates the developer, to receive a refund of $4,729.45 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $4,729.45 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer Water Utilities APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice 425 Regular City Council Meeting June 14, 2001 Page 426 This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $25,308.89 and has a value of $18,899.49 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $6,409.40 that includes $5,876.09 for adjacent mains. The developer, Glover and Associates, will receive a refund of $4,729.45 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located between 50th and 53rd Streets and W. Loop 289. Staff recommended acceptance of the improvements. (58.) Resolution No. 2001-RO232 authorizing acceptance of water and sanitary sewer improvements for Lots 205-247, South Mesa Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2001-RO232 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 205-247, SOUTH MESA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 205 - 247, South Mesa Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $80,464.08 with the improvements constructed by Utility Contractors of America having a value of $57,871.86 as determined by the unit prices established by said Chapter 28, and $22,592.22 cash paid to the City, which amount includes $14,246.61 cash for adjacent lines, with Joe Stettheimer the developer, to receive a refund of $24,546.66 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $24,546.66 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of June, 2001. /S/ WINDY SITTON WINDY SITTON, MAYOR 426 Regular City Council Meeting June 14, 2001 Page 427 ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $80,464.08 and has a value of $57,871.86 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $22,592.22 that includes $14,246.61 for adjacent mains. The developer, Joe Stettheimer, will receive a refund of $24,546.66 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located on 75th and 76th Streets and east of Avenue S. Staff recommended acceptance of the improvements. (59.) Resolution No. 2001-RO233 authorizing the Mayor to execute a contract with Franklin Cattle Company of House, New Mexico, for cattle grazing rights -summer and winter grazing. RESOLUTION NO.2001-RO233 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract with Franklin Cattle Company of House, New Mexico, for Cattle Grazing Rights - Summer and Winter Grazing, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of July, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ John Hindman John Hindman, Farm Manager APPROVED AS TO FORM: 427 Regular City Council Meeting June 14, 2001 Page 428 /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Contract is filed with Resolution No. 2001-R0233. Lubbock Feeders Inc., exercised their option on May 24, 2001 to cancel the Cattle Grazing Contract that was to go into effect July 1, 2001. In order to maintain compliance with the TNRCC permit it is necessary to turn cattle out as soon as possible in order to harvest an excess of forage. The excess amount of forage is a result of not having enough cattle turned out this spring due to the expiration of the current contract. After an extensive review of the current contract it has been determined that it is in the best interest of the City to renew the existing contract with Franklin Cattle Co. for an additional 3-year period. Staff recommended acceptance of this contract. (60.) Resolution No. 2001-RO234 authorizing the Mayor to execute an amendment to the contract with Asplundh Tree Expert Company and the City of Lubbock to provide tree trimming services for the City of Lubbock. RESOLUTION NO. R0234 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 Amendment to the Agreement between the City of Lubbock and Asplundh Tree Expert Company to perform tree trimming services. Said Amendment 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, LP&L Director APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2001-R0234. Lubbock Power and Light has 667 miles of overhead distribution lines. Trees making continuous or frequent contact with our distribution lines cause numerous power outages or interruptions, especially during windy or icy conditions. LP&L's goal is to maintain a 5 year cycle on tree trimming and contracts with Asplundh Tree Expert Company to provide all tree trimming services for LP&L for all trees and vegetation interfering with LP&L's distribution lines. Regular City Council Meeting June 14, 2001 Page 429 The current contract with Asplundh requires Asplundh to notify, in person, each property owner or tenant prior to trimming trees away from the power lines adjacent to their property. This process takes 30- 45 days to notify all persons prior to trimming the trees. The City and Asplundh suggest amending the contract to allow Asplundh to notify property owners prior to trimming their trees by attaching to the property owner's door written notices stating that Asplundh will be trimming all trees in that neighborhood that are in close proximity to LP&L's distribution lines. This notice will provide a date in which the tree trimming will commence (a minimum of ten business days' prior notice) and will provide contact information for Asplundh in case the property owner has any questions, comments or concerns. The staff recommended that the Mayor and City Council approve the amendment to the contract between the City of Lubbock and Asplundh Tree Expert Company. (61.) This item was deleted. (62•) Resolution No. 2001-RO235 waiving the right of the City of Lubbock to apply for a Juvenile Accountability Incentive Block Grant and designating Lubbock County as the recipient of the funds. RESOLUTION NO. 2001-RO235 WHEREAS, certain block grant funds in the amount of Ninety Three Thousand Three Hundred Three and No/100 Dollars ($93,303) (the "Funds") is designated for allocation to the City of Lubbock through the Criminal Justice division of the State of Texas; and WHEREAS, the City of Lubbock desires to waive their right to apply for a Juvenile Accountability Incentive Block Grant; and WHEREAS, the City of Lubbock designates Lubbock County as the recipient of the Funds; and WHEREAS, the City of Lubbock agrees to appoint one member to serve on the Juvenile Crime Enforcement Coalition created by the County of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby waives its right to apply for a Juvenile Accountability Incentive Block Grant and designates Lubbock County as the recipient of the Funds. Be it further resolved that the Juvenile Sergeant of the city of Lubbock Police Department is hereby designated to serve on the Juvenile Crime Enforcement Coalition as created by the County of Lubbock. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: me Regular City Council Meeting June 14, 2001 Page 430 /s/ Claude Jones Claude Jones, Assistant Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The Governor's Criminal Justice Division is preparing to award Juvenile Accountability Incentive Block Grant (JAIBG) funding to the City of Lubbock in the amount of $93,303 for the fiscal year 2002. The City is eligible for this allocation provided a 10 percent cash match is made available, making the total project budget $103,670. Lubbock County is eligible for $35,396 with a 10 percent match of $3,933, making the total project budget of $39,329. Should the allocations be combined, the total amount of project funding would be $142,999. JAIBG JUVENILE CRIME ENFORCEMENT COALITION PLAN On June 24, 2001, a JAIBG Juvenile Crime Enforcement Coalition met to conduct a needs assessment to determine priority areas for the investment of the JAIBG funds. The coalition, consisting of police, educators, juvenile justice agency officials, youth service providers, and community leaders, developed a coordinated enforcement plan that provides the basis for distribution, and expenditure of these JAIBG funds. After much consideration, the coalition proposed that it would be most beneficial to Lubbock County citizens for the City of Lubbock to waive its funding to Lubbock County, specifically to the Lubbock County Juvenile Justice Center, whereby the funds would be used to support the following programs (details included in attachments): 4th Corp Program Program for At -Risk Students (PAS) & Juvenile Justice Awareness Summer Program Counseling and Needs Assessment Program for JJAEP students Drug and Alcohol Program for JJAEP students Counseling & Substance Abuse Education Services for LCJJC It is believed that by collaborating with the various agencies involved, staff will be able to reduce juvenile delinquency, and prevent next - generation Lubbock youth from entering the juvenile justice system. The community as a whole will share in the responsibility of supervising, teaching, and supporting the positive development of these youth while holding the juveniles accountable for their wrongdoings. Staff recommended approval of this resolution. (63.) Resolution No. 2001-R0236/BID #2001-SD001-Bus Route Signs (Citibus). RESOLUTION NO. 2001-RO236 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK 430 Regular City Council Meeting June 14, 2001 Page 431 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order between the City of Lubbock and Sign Pro for the purchase of eight hundred and fifty (850) Bus Route Signs, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 431 Regular City Council Meeting June 14, 2001 Page 432 Passed by the City Council this 14th day of June, 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/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2001-R0236. This bid is for the purchase of 850 bus route signs to be used by Citibus. The new signs will be placed on the newly implemented Route 25 (East/West Express), and they will replace outdated signs on other routes. Low bid to meet all specifications was Sign Pro at a price of $49.62 per sign, or $42,177 for 850 signs. The signs are to be delivered 30 days after receipt of the order, barring any complications. The Federal Transit Administration will cover 80 % of this amount and the remaining 20 % will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Citibus recommended that Bid #2001-SD001 be awarded to Sign Pro for $49.62 per sign, or total cost of $42,177. (64.) Resolution No. 2001-R0237/BID# 1900-Lobby Renovations/Training Room Renovations. RESOLUTION NO. 2001-RO237 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Lubbock Building Services, Inc., for the renovation of Citibus' main building located at 801 Texas Avenue, 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 432 Regular City Council Meeting June 14, 2001 Page 433 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0237. This bid is for the renovation of Citibus' main building located at 801 Texas Avenue. The renovation will provide Citibus with a training room and several offices. The renovations to the building are needed due to the growth of Citibus and its staff. J. L. Elliott Construction was the low bid for the project at $53,285. However, they have withdrawn their bid because they left out the furniture that was to be included in the project. The next lowest bid was by Lubbock Building Services Inc. in the amount of $72,406. Pharr & Company's bid was disqualified because they hand delivered their bid to the wrong location. In accordance with the Instructions to Bidders, their bid was returned to them unopened. Renovations are set to begin as soon as bid is awarded by City Council and be completed within 90 days. Funds for the building renovation will come from a Federal Transit Administration Grant that has previously been approved by City Council. The Federal Transit Administration will cover 80 % of the project cost and the remaining 20% will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Citibus recommended that Bid #1900 be awarded to Lubbock Building Services, Inc. for $72,406. (65.) Resolution No. 2001-R0238/RFP #01 -21501 -Mobile Data Communication System (Citibus). RESOLUTION NO. 2001-RO238 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Mentor Engineering for the complete installation and training for the Mobile Data Communication System (MDCS), 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza 433 Regular City Council Meeting June 14, 2001 Page 434 Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0238. This proposal is for the purchase of a mobile data communication system (MDCS) that will improve the efficiency of Citibus' paratransit operations. The MDCS system will include terminals in Citibus' fleet of paratransit vans that will provide the operators' daily manifest logs. It will also include a software interface that will enable existing scheduling software to be utilized, several radio and computer components, as well as global positioning capabilities. The Request for Proposals yielded three submissions from leading companies in the field of MDCS installation. Citibus worked in cooperation with the City of Lubbock's Information Technologies Department (IT) during the selection phase of this RFP. Citibus and Lubbock's IT Department, in accordance with standards commonly used to evaluate MDCS technology, graded each proposal. Each of the three companies participated in presentations at Citibus' administrative offices on April 17, 2001. Transit Advisory Board Chairman Arden Hawkins, Assistant Director of IT Mark Yearwood, Radio Shop Supervisor Jack Morrison, and Citibus staff was in attendance. The United States Department of Transportation grant #TX-90-X491-00 (already approved by the City Council) will fund 80 % of the installation of the MDCS system. Citibus will provide the required 20% matching funds. No additional funding will be needed from the City of Lubbock. Citibus and the City of Lubbock IT department recommended that a contract for RFP #01-21501 be awarded to Mentor Engineering for $199,995 for the complete installation and training for the proposed MDCS system. (66.) Resolution No. 2001-R0239/RFP #99-123—Engineering Services for West Texas Region Disposal Facility (Solid Waste). RESOLUTION NO. 2001-RO239 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 engineering services for the West Texas Region Disposal Facility of Lubbock, Texas, by and between the City of Lubbock and Parkhill, Smith & Cooper, 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. 434 Regular City Council Meeting June 14, 2001 Page 435 Passed by the City Council this 14th day of June, 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 A copy of the Contract is filed with Resolution No. 2001-R0239. The City of Lubbock solicited sealed proposals for engineering consulting services for the West Texas Region Disposal Facility to support operations, regulatory compliance, permit modifications and updates, alternate design options for and facilities and future cell design, construction, testing and inspection services. Engineering consulting services will be required to support the operation of the new landfill in such areas as future cell design and construction, stormwater system management, groundwater monitoring, leachate management, permit modifications and update and regulatory compliance support. The following firms submitted proposals: Daniel B. Stephens & Associates, Inc. of Lubbock, Texas Ref -Chem Environmental Services of Odessa, Texas EMCON of Fort Worth, Texas Parkhill, Smith and Cooper, Inc. of Lubbock, Texas Proposals were evaluated based on the following criteria Capability of the consultant to perform all aspects of the engineering/design work on the project. 25 % Current workload and demonstrated ability to meet schedules or deadlines. 15 % Recent experience on projects comparable to the proposed work. 20 % Demonstrated working relationship with the TNRCC local regional office and state municipal solid waste divisions. 15 % Professional background, caliber, expertise and availability of key personnel to be assigned to the project(s). 25 % Evaluation committee members reviewed and rated the submitted proposals as follows: Parkhill, Smith and Cooper, Inc. 90.2 EMCON 77.8 Daniel B. Stephens & Associates, Inc. 75.0 435 Regular City Council Meeting June 14, 2001 Page 436 Ref -Chem Environmental Services 34.2 Staff recommended contract award to Parkhill, Smith and Cooper, Inc. The services rendered over the term of the contract will exceed $25,000. The services to be provided will be funded through a combination of approved operating budget funds from Solid Waste Disposal and through various capital projects including but not limited to Phase I Improvements to New Landfill. (67.) BID #082-01/LR—Water Treatment Chemicals — 6 Month Pricing (Water Treatment). This bid establishes annual pricing for water treatment chemicals used at various points in the drinking water treatment process. The process of coagulation, taste, and odor control are regulated by the Texas Natural Resource Conservation Commission (TNRCC). All chemicals bid are required to ensure compliance with TNRCC regulations. The bid specifications include an option to renew pricing annually for up to two additional years upon mutual agreement of both parties. The low bids are within the Water Treatment -Chemical Supplies budget and are from the following companies: Russ Chemical Company, Inc. of Odessa, Texas $62,000 Altivia of Houston, Texas $47,125 Carus Chemical Company of Peru, Illinois $20,800 (68.) Resolution No. 2001-RO240/BID #086-01/LR-Traffic Signal & Sign Mounting Equipment (Traffic Engineering) . RESOLUTION NO. 2001-RO240 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #086-01/LR for traffic signal & sign mounting equipment, by and between the City of Lubbock and Traffic Parts, Inc. of Spring, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 436 Regular City Council Meeting June 14, 2001 Page 437 A copy of the Purchase Order is filed with Resolution No. 2001-RO240. This bid is for the purchase of mounting equipment necessary to mount traffic signals, pedestrian heads, and overhead signs. The majority of the equipment is used for refurbishing the downtown area traffic signals. Traffic Operations staff will perform all refurbishing on this downtown project. Most of the equipment in the downtown area is dated and in need of replacing. The low bid is $51,557.20 from Traffic Parts, Inc. of Spring, Texas and is within the Equipment to Refurbish Downtown budget. (69.) BID #102-01/RS--Lubbock Police Department Uniforms -Annual Pricing (Police Department). This bid establishes annual pricing for police uniforms worn during the performance of official duties and will guarantee uniformity of appearance of all Lubbock police officers. Pricing is for one year with the option to renew annually for up to two additional years. The low bid is $125,316 from J. B. Battle Uniform Company of Oklahoma City, Oklahoma and is within the Uniform Supply Budget. (70.) Resolution No. 2001-RO241BID #104-01/RS-Light Bars, Sirens & Public Safety Equipment (Fleet Services). RESOLUTION NO. 2001-RO241 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #104-01/RS for light bars, sirens, and public safety equipment, by and between the City of Lubbock and Federal Signal Corporation of University Park, IL., and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 A copy of the Purchase Order is filed with Resolution No. 2001-R241. 437 Regular City Council Meeting June 14, 2001 Page 438 This bid is for the purchase of light bars, sirens, microphones, speakers, front and rear flashers, pushbars, and interior partitions for twenty 2001 Ford Crown Victoria Police units. The low bids are from the following companies: Federal Signal Corporation of University Park, IL. $31,020.60 Galls Inc. of Lexington, KY. $ 6,133.24 The low bids are within the Capital Outlay -Motor Vehicle budget. (71.) Resolution No. 2001-RO242/BID #113-01/RS-LP&L Engineering Office Renovations (Facilities Management). RESOLUTION NO. 2001-RO242 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #113-01/RS for LP&L Engineering Office renovations, by and between the City of Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 A copy of the Purchase Order is filed with Resolution No. 2001-R242. This project involves the renovation of the undeveloped area at the Municipal Hill Building to allow LP&L Engineering to temporarily relocate from their current location at the Municipal Square Building. LP&L Engineering must be relocated to allow for the next phases of the Municipal Square Police Renovations Project to take place. The low bid is $33,523 from Wardroup and Associates of Lubbock, Texas and is within the Building Capital Outlay -Remodel Facilities Engineering budget. (72.) BID #117-01/RS-Aqueous Ammonia -Annual Pricing (Electric Production). EM Regular City Council Meeting June 14, 2001 Page 439 This bid establishes annual pricing for aqueous ammonia required to limit NOx gas emissions at the Lubbock Power & Light Massengale Station. The station uses 29 % ammonia water that vaporizes into the heat recovery duct on #8 unit. From there, the ammonia reacts with NOx gases in the exhaust at the SCR catalyst, thereby providing a significant reduction in NOx emissions sufficient to comply with the EPA/TNRCC air quality permit. The low bid is $44,488.80 from Southern Ionics, Inc. of West Point, -- Mississippi and is within the Chemical Supply budget. (73.) Resolution No. 2001-RO243/BID #121-01/LR-Glass Pulverizer (Solid Waste). RESOLUTION NO. 2001-0243 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #121-01/LR for a glass pulverizer, by and between the City of Lubbock and Andela Products, Ltd. of Richfield Springs, NY, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 A copy of the Purchase Order is filed with Resolution No. 2001-R243. This bid is for the purchase of a machine that pulverizes glass into smaller re -usable aggregates such as sand and pebbles. Glass and similar materials are collected at the City of Lubbock Recycling Drop - Off Centers that produce a large volume of waste glass. Pulverizing the glass will provide a recycled, marketable product that can be used in sub -base for roadways and sand and pebbles for municipal facilities. The low bid is $69,490 from Andela Products, Ltd. of Richfield Springs, NY and is within the Recycling Collection -Equipment Capital Outlay budget. 439 Regular City Council Meeting June 14, 2001 Page 440 (74.) Resolution No. 2001-RO244/BID #123-01/LR-Vest Texas Region Disposal Facility Cell 1B Construction (Solid Waste). m Regular City Council Meeting June 14, 2001 Page 441 RESOLUTION NO. 2001-RO244 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 West Texas Region Disposal Facility, Cell 1B Construction, by and between the City of Lubbock and D. E. Rice Construction of Borger, 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 14th day of June, 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 23rd day of May, 2001, 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 D. E. Rice Construction Company, Inc., of the City of Borger, County of Hutchinson, 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 #123-01/LR - West Texas Region Disposal Facility, Cell 1B Construction - $$939,553.38 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. 441 Regular City Council Meeting June 14, 2001 Page 442 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Mike Williams CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: D. E. Rice Construction Company, Inc. By: /s/ D. E. Rice PRINTED NAME: D. E. Rice TITLE: President/Owner COMPLETE ADDRESS: D. E. Rice Construction Company, Inc. P. O. Box 3344 Borger, Texas 79008 This involves the excavation of Cell 1B at the West Texas Regional Disposal Facility. The low bidder, D. E. Rice Construction, was the general contractor that constructed the first phase of the West Texas Region Disposal Facility. The initial site development, Cell 1 excavation, and construction of Cell lA that included the construction of a complete liner system is comparable to this project. D. E. Rice Construction's work on the first phase demonstrated their ability to provide a quality end product that met the performance specifications required of the contract and demonstrated their ability to meet the requirements of the Texas Natural Resource Conservation Commission. The low bid is $939,553.38 from D. E. Rice Construction of Borger, Texas and is within the Phase 1 New Landfill Construction budget. (75.) Resolution No. 2001-R0245/BID #126-01/LR-Emergency Purchase of Fusion Units (Solid Waste). RESOLUTION NO. 2001-0245 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #126-01/1-R for emergency purchase of fusion units, by and between the City of Lubbock and Industrial Utility Sales of Houston, Texas, and related documents. Said 442 Regular City Council Meeting June 14, 2001 Page 443 Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June, 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 A copy of the Purchase is filed with Resolution No. 2001-R0245. This bid is for the purchase of two high -density polyethylene pipe (HDPE) pipe fusion machines. The fusion machines are necessary to fuse together HDPE pipe for emergency construction at the North Avenue P landfill. Quarterly monitoring detected the presence of methane gas on the west side of the landfill which exceeded explosive levels creating a threat to the health and safety of employees, citizens and property. City forces will construct and install a landfill gas collection treatment system to correct the presence of methane levels. The low bid is $50,246.73 from Industrial Utility Sales of Houston, Texas and is within the Methane Monitoring Projects budget. (76.) Resolution No. 2001-R0246/BID #127-01/LR-Emergency Purchase of HDPE Pipe (Solid Waste). RESOLUTION NO. 2001-RO246 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid ITB #127-01/LR for emergency purchase of HDPE pipe, by and between the City of _ Lubbock and Western Industrial Supply, L.L.C. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. ►., j Regular City Council Meeting June 14, 2001 Page 444 Passed by the City Council this 14th day of June, 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 A copy of the Purchase Order is filed with Resolution No. 2001-R0246. This bid is for the purchase of various sizes of high -density polyethylene (HDPE) pipe to be installed by city forces at the North Avenue P landfill. Quarterly monitoring detected the presence of methane gas on the west side of the landfill which exceeded explosive levels creating a threat to the health and safety of employees, citizens and property. City forces will construct and install a landfill gas collection treatment system to correct the presence of methane levels. The low bid meeting the City's time requirement for delivery is $62,144.50 from Western Industrial Supply, L.L.C. of Lubbock, Texas and is within the Methane Monitoring Projects budget. (77.) Resolution No. 2001-R0247/13I1) #139-01/LR-Emergency Gas Probes 10 & 11 Remediation Plant (Phase 1) (Solid Waste). RESOLUTION NO.2001-RO247 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 emergency gas probes 10 & 11 Remediation Plant (Phase 1), by and between the City of Lubbock and Westmar, Inc. of Whitesboro, 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 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting June 14, 2001 Page 445 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 20021-R0247. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th day of May, 2001, 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 WestMar, Inc., of the City of Whitesboro, County of Grayson, 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 #139-01 - Emergency Gas Probes 10 & 11 Remediation Plan (Phase 1 - $$605,893.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS ATTEST: (OWNER) /s/ Rebecca Garza Secretary /s/ Windy Sitton MAYOR ..I Regular City Council Meeting June 14, 2001 Page 446 /s/ Victor Kilman Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/Mark D. Westerman CONTRACTOR: WestMar, Inc. By: /s/ Michael P. Andrews PRINTED NAME: Michael P. Andrews TITLE: President/Owner COMPLETE ADDRESS: WestMar, Inc. 464 Bones Chapel Road Whitesboro, Texas 76273 This bid is for the installation of gas extraction wells and a gas flare station to collect and extract landfill gas for treatment through a flare station to achieve Texas Natural Resource Conservation Commission compliance. The current level of methane gas has exceeded the permit and regulatory requirements creating a threat to the health and safety of citizens and property. The low bid is $605,893 from Westmar, Inc. of Whitesboro, TX and is within the System Capital Outlay -Methane Monitoring Projects budget. 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 SPECIAL (78.) Hold a public hearing to consider a rate to be charged by the stormwater utility. Richard Burdine spoke for the staff. He presented slides showing where money for charges would go which are explained in the bids following Agenda Item 79. Staff recommended the approval of this stormwater fee. Larry Driscoll, small office business owner off of Slide Road spoke in opposition of both residential and commercial fees. He questioned the flat fee as it would not place the funding burden equitably on the folks who will benefit. He compared his business to a movie theater which has over a half million square feet of service space and produces more run off. They will pay the same rate as he does. He stated in the short term a flat fee may be easier to apportion and it may be politically less volatile. If the fees were adopted as the funding method for the needed projects, the long term divisiveness it will create due to its inequality may very well possibly prove much more troublesome than addressing the issue reasonably and more equitably now. Bob Cass, City Manager, mentioned that when state legislature originally authorized the bill it was as Mr. Driscoll indicated fundamentally envisioned that your rate would be based upon Regular City Council Meeting June 14, 2001 Page 447 impermeable acreage that you had, i.e. those who had the benefit would pay more. It was later amended to allow the methodology we use now. I would point two things. Number one, the methodology we are using is legal. Secondly, another item considered when we adopted that was that we were also hearing the argument that I do not live in that drainage area from generic citizen that is not going to be impacted at all and I should receive no tax at all. Anita Burgess, City Attorney, added that the local code in Section 402 does specifically provide that the governing body can consider the size and area, the number of water meters and the topography of a parcel of benefited property in assessing the stormwater rate. The language regarding the water meters is specifically included in the statute and that was added by the legislature in 1997. (79.) Resolution No. 2001-RO248 approving and adopting a stormwater fee to be billed to the users of such benefited properties along with the bill for other utility services provided to the property. The residential stormwater fee will be $4.99 per month and the commercial stormwater fee will be $33.12 per month. RESOLUTION NO. 2001-RO248 WHEREAS, the City of Lubbock has heretofore established a municipal drainage utility pursuant to Chapter 402 of the Local Government Code; and WHEREAS, the City Council of the City of Lubbock has heretofore established a schedule of drainage charges for such utility; and WHEREAS, the City Council deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to amend such schedule of drainage charges to accommodate improvements to be made to the City's drainage system; and WHEREAS, a public hearing and requisite notice have been provided with regard to such revised charges as required by law; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the formula and schedule of municipal drainage charges attached hereto as Exhibit A is hereby adopted and made a part of this Resolution as if fully copied herein in detail; and SECTION 2. THAT such charges are hereby approved and adopted and shall be billed to the users of such benefited properties along with the bill for other utility services provided to the property; and SECTION 3. THAT such charges shall remain in full force and effect until such time as said fees shall be further revised by action of the City Council of the City of Lubbock. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza 447 Regular City Council Meeting June 14, 2001 Page 448 Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte' Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0248. Construction on the South Central Stormwater Drainage System, expected to cost $32.6 million, is expected to begin in July 2001. A second drainage project is slated for construction in 2004, with an expected cost of $40.3 million. Certificates of Obligation will be issued to fund both drainage projects. Stormwater fees will be used to pay for the debt service on these bonds. Two options were researched in consideration of an increase in stormwater fees to fund these projects. Option 1: Increase the current rate to fund major both projects and to allow for other smaller projects and programs. Option 2: Increase the current rate to fund the first project and increase the rate again in 2004 to fund the second project. "Option 1" will be considered for adoption. "Option 1" recommended that a residential stormwater fee of $4.99 and a commercial stormwater fee of $33.12 be assessed. This increased fee will fund the costs of both drainage projects. By choosing "Option 1", the City will save approximately $6 million in interest charges on the associated bonds. City personnel recommended the passage of the proposed stormwater rate. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 2001-RO248 as recommended by staff, subject however to incorporating a yearly report on how much is in the fund and how much has been paid and the listed projects in the background South Central Stormwater Drainage System and the second drainage system, South Lubbock Stormwater Drainage System, as well as the Maxey Park Project, as well as using those monies to pay for operations as discussed with exception of North Central Project as no estimated have been provided. Motion carried: 6 Yeas, 0 Nays. (80.) ORDINANCE #2001-00041-Authorizing the issuance of $35,000,000 ,,City of Lubbock, Texas, Tax And Municipal Drainage Utility System Surplus Revenue Certificates of theOssuance , Series (second2and"final and all necessary documents related to reading). ORDINANCE NO. 2001-00041 AN ORDINANCE authorizing �NAGE UTILITY SYS issuance of "CITY OF LUBBOCK, M SURPLUS TEXAS, TAX AND MUNICIPAL D EM Regular City Council Meeting June 14, 2001 Page 449 REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Municipal Drainage Utility System; and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval of a Paying Agent/Registrar Agreement and Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. On May 10, 2001, City Council approved the first step in the issuance process. Resolution #2001-R0172, dated May 10, 2001 was to approve and authorize publication of Notice of Intention to Issue and Notice of Sale with respect to the issuance of the Certificates of Obligation. The first reading of this bond ordinance occurred at the May 24, 2001 City Council meeting. The City will sell these bonds on a negotiated basis. At the time of sale, the City will negotiate a purchase price for the bonds with the City's chosen underwriters. City Council will be asked to award the bonds as well as approve the second reading of the ordinance and make final approval of all necessary documents related to the issuance at this meeting. Andy Burcham, Cash and Debt Manager, spoke for the staff and indicated they had priced bonds and the city would receive excellent interest rates. He introduced Ed Esquivel, attorney with Fulbright & Jaworski who represents City as bond counsel and Vince Vialle, First Southwest Company, who serves the City as financial advisor. Mr. Vialle spoke concerning pricing booklet handed to Council and explained that the City of Lubbock was well represented in all areas to receive a AA rating thereby influencing good interest rates for the bonds. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. Motion was made by Councilmember Cooke to adopt Ordinance No. 2001-00041 authorizing the issuance of "City of Lubbock, Texas, Tax and Municipal Drainage Utility System Surplus Revenue Certificates of Obligation, Series 2001" at a net interest cost rate of 5.2385260%, approving and authorizing the execution of a Paying Agent/Registrar Agreement with U. S. Trust Company of Texas and a Purchase Contract with Salomon Smith Barney & others, and approving and authorizing distribution of an Official Statement, seconded by Councilmember Morrison to pass on Ordinance No. 2001-00041 as recommended by staff. Motion carried 6 Yeas, 0 Nays. 11:05 A.M. Councilmember Cooke left the dais. (81.) BID #078-01/VK-South Central Lubbock Drainage Improvements (Storm Water Management) and reject all bids. This project is the construction of the South Central Lubbock Drainage Improvements which includes the installation of 14 miles of gravity flow storm sewer that connects eleven of the playa lakes within the South Central system of lakes. The Bid Evaluation Committee and subsequent sub -committees have reviewed the bids and compared the low bid of this project to that of ITB #001-01/VK South Central Lubbock Drainage Improvements G13 ... Regular City Council Meeting June 14, 2001 Page 450 Permissible Materials. The evaluation included the overall project budget, a cost/benefit analysis (including life cycle cost), known problems with materials bid, and the cost per mile of construction. The following bids were received: Company Base Bid Base BidBase BidBase BidBase Bid and Optionand Optionand Optionand Option 1 Barnard 28,044,000 28,744,000 26,444,000 25,804,000 24,194,000 Construction, Inc. S. J. Louis 0,251,813 31,751,813 8,203,581 7,212,643 25,043,110 Construction Loyd 36,335,062 339105,062 28,549,059 7,650,331 5,634,093 Johnson Construction J.D. Abrams 37,260,095 40,260,095 35,160,095 34,160,095 32,060,095 Construction Granite 409135,773 41,292,773 37,582,002 36,365,149 34,155,390 Construction Pate & Pate 4,064,047 40,630,967 No Bid 39,198,377 36,590,221 nterprises The base bid includes building the entire system from McAlister Park to the Canyon. Option 1 is the upsizing of the outfall line from Clapp to the Canyon. Options 2, 3, and 4 were options to delete a portion of the project out of the base bid. After serious consideration of this bid and making the above listed evaluations the Bid Evaluation Committee recommended that City Council reject all bids for Bid #078-01/VK. The Committee agreed unanimously that the pipe materials proposed for this bid would not provide a design life equal to or greater than that of the materials proposed in Bid #001-01/VK. Richard Burdine spoke for the staff explaining that #81 and #82 are related. Item #81 is for South Central Lubbock improvement project allowing for some alternative materials. Item #82 is for same project with concrete either cast in place or cast concrete pipe throughout. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to reject Agenda No. 81. Motion carried: 5 Yes, 0 Nays. (82.) Resolution No. 2001-R0249/Bid #001-01/VK4outh Central Lubbock Drainage Improvements (Storm Water Management). RESOLUTION NO. 2001-RO249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the South Central Lubbock drainage improvements, by and between the City of Lubbock and Barnard Construction of Bozeman, Montana, 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 14th day of June, 2001. 450 Regular City Council Meeting June 14, 2001 Page 451 /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 25th day of May, 2001, 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 Barnard Construction Company, Incorporated of the City of Bozeman, County of Gallatin, and the State of Montana, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #001-01/VK - South Central Lubbock Drainage Improvements - $29,600,000 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) 451 Regular City Council Meeting June 14, 2001 Page 452 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James A. Tilleman /s/ Windy Sitton MAYOR CONTRACTOR: Barnard Construction Company Incorporated By: /s/ Marty L. Jorgensen PRINTED NAME: Marty L. Jorgensen TITLE: Vice President COMPLETE ADDRESS: Barnard Construction Company Incorporated P. O. Box 99 Bozeman, Montana 59771-0099 This project is the construction of the South Central Lubbock Drainage Improvements which includes the installation of 14 miles of gravity flow storm sewer that connects eleven of the playa lakes within the South Central system of lakes. The Bid Evaluation Committee and subsequent sub -committees have reviewed the bids and compared the low bid of this project to that of Bid #078-01/VK South Central Lubbock Drainage Improvements G14 Permissible Materials. The evaluation included the overall project budget, a cost/benefit analysis (including life cycle cost), known problems with materials bid, and the cost per mile of construction. The following bids were received: Company Base Bid Base BidBase BidBase Bid Base Bid and Optionand Optionand Optionand Option 1 Barnard 29,600,000 31,000,000 27,910,000 27,170,000 25,344,000 Construction, Inc. S.J. Louis 31,451,847 33,151,847 28,974,359 27,934,497 25,626,757 Construction Loyd Johnson 6,747,642 39,044,492 34,889,265 33,942,234 31,717,901 Construction J. D. Abrams 7,895,865 0,895,868 5,795,865 4,695,865 2,395,865 Construction 452 Regular City Council Meeting June 14, 2001 Page 439 Granite 40,620,673 41,838,673 38,427,097 37,274,884 34,989,900 Construction Pate & Pate 47,021,777 51,214,908 44,380,448 42,728,314 39,206,267 [Enterprises The base bid includes building the entire system from McAlister Park to the Canyon. Option 1 is the upsizing of the outfall line from Clapp to the Canyon. Options 2, 3, and 4 were options to delete a portion of the project out of the base bid. The low bid is $29,600,000 from Barnard Construction, Inc. of Bozeman, Montana to construct the entire system as designed, budgeted for, and previously presented to Council. References were very positive and Barnard Construction has performed similar work throughout the country. Local area subcontractors for the project include Utility Contractors of America (UCA) of Wolfforth, Texas and West Texas Paving of Lubbock, Texas. UCA will perform the storm sewer pipe installation and West Texas Paving will perform the street restoration and paving. Staff recommended rejection of all bids for bid #078-01/VK, award of each bid to the bidder as indicated on the tab sheets, and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on Resolution No. 2001-RO249 as recommended by staff. Motion carried: 5 Yes, 0 Nays. SPECIAL (83.) Hold a public hearing for consideration of amending the City of Lubbock 2000-2003 Consolidated Plan to allow for the application of 108 Loans to HUD, and to amend the citizens participation plan by deleting the requirement for an advisory board recommendation for funding of projects for the 2001-2002 funds. Nancy Haney, Community Development, spoke for the staff and recommended the Consolidated Plan as amended in Items #84 and #85. (84.) Resolution No. 2001-RO250 approving the amending of the 2000-2003 Community Development Consolidated Plan to allow for the application of 108 Loans to be submitted to the Housing and Urban Development as stated in Attachment "a" and to amend the citizens participation plan by deleting the requirements for an advisory board recommendation for funding projects for the 2001-2002 funds. RESOLUTION NO. 2001-RO250 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of Lubbock do hereby approve the amending of the 2000 - 2003 Community Development Consolidated Plan to allow for the application of 108 loans to be submitted to the Housing and Urban Development as stated in attachment "A" and to amend the citizens participation plan by deleting the requirements for an advisory Board recommendation for funding projects for the 2001-2002 funds. Passed by the City Council this 14th day of June, 2001. 439 Regular City Council Meeting June 14, 2001 Page 440 /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 ..O Regular City Council Meeting June 14, 2001 Page 441 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of Attachment "A" is filed with Resolution No. 2001-R0250. The current Consolidated Plan does not include HUD's 108 loan program in its listing of resources that might be used. This amendment will allow us to apply for these funds if said application is later approved by Council. The 108 program allows cities to receive funding of up to 5 times their CDBG allocation as a low interest loan to do larger projects. Repayment is generated by income from the project, and guaranteed by CDBG funds. The one year amendment of the citizens participation process as outlined in the Consolidated Plan is to allow us to meet the HUD regulations regarding conflict of interest as now interpreted. Adjustments will be made to allow the process to return in the next funding cycle. Staff recommended that the City Council accept the changes to the Consolidated Plan as presented. Nancy Haney represented the staff. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on Resolution No. 2001-R0250. Motion carried: 5 Yeas, 0 Nays. COMMUNITY SERVICES (85.) Resolution No. 2001-RO251 authorizing staff to forward a list of possible conflicts of interest of City Council members voting on the 2001 allocation to HUD for evaluation. RESOLUTION NO. 2001-RO251 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager or his designee BE and is hereby authorized to forward a list of possible conflicts of interest of City Council members voting on the 2001 allocation of Housing and Urban Development for evaluation. Said list is attached hereto as Exhibit "A" 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 14th day of June, 2001. /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 441 Regular City Council Meeting June 14, 2001 Page 442 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0251. Prior to voting on the 2001 allocation of Federal funds, the City needs to forward a listing of all potential conflicts of interest, identified by the city attorney, of members voting on the allocation to Housing and Urban Development for evaluation, and if deemed a conflict, what action may be taken. HUD has put an emphasis on this issue across the nation. Staff is complying with the HUD policies by submitting the list for review by the Regional HUD office in Fort Worth. They will notify us what they consider a conflict of interest, and what steps staff have to take to avoid the conflict. This has normally been through a recusal process on certain issues. See attached list for potential conflicts. Community Development recommended approval of this resolution. The following information will outline the potential Conflicts of Interest for council members and their families and was read into the record. Those identified relate directly to the agencies that submitted funding requests during the city's annual allocation process of CDBG, HOME, and ESG funds. This list will be forwarded to HUD for an evaluation with a request for an exception. Councilperson T. J. Patterson Councilperson Patterson serves as a board member for Communities in Schools. Councilperson Marc McDougal • Councilperson McDougal serves as a board member for Community in Schools • His brother, Mike McDougal, serves on the board of Broadway Festivals/4`' Corps. • His father, Delbert McDougal, is currently fund raising for the South Plains Food Bank. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on Resolution No. 2001-R0251. Motion carried: 5 Yeas, 0 Nays. DEVELOPMENT SERVICES (86.) Resolution No. 2001-RO252 giving Notice of Intent to enter into a tax abatement agreement with Red River Commodities, Inc. RESOLUTION NO. 2001-RO252 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Red River Commodities, Inc.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 442 Regular City Council Meeting June 14, 2001 Page 443 THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Red River Commodities, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 212 NE Loop 289 in the City of Lubbock, Lubbock County, Texas and further described as Lot 2, Block A, North Loop Industrial Park, City of Lubbock, Lubbock County, Texas. Passed by the City Council this 14th day of June, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Becky 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 Exhibit "A" is filed with Resolution No. 2001-R0252. The City of Lubbock received an application for industrial tax abatement from Red River Commodities, Inc. to expand their facility at 212 NE Loop 289 in the Lubbock 2000 North Enterprise Zone. The project for Red River consists of a new warehouse, truck scale, and processing and packaging equipment. The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $500,000 in real property improvements. Total investment in the project will be approximate) 3 for the new warehouse and processing buildings and 11$800,0OO,OfoOr machinery and equipment. This facility will create 10 new jobs initially, and increase to 15 as business allows. The wages will range from $7-$9 per hour. A full range of benefits will be available to those hired for full time status. The estimated amount of the new payroll created will be approximately $200,000. Market Lubbock considered this application at its May 9 Board meeting and has recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100 % $7,410 Year 2 80 % $5, 928 Year 3 60% $4,446 Year 4 40% $2,964 Year 520% $1,482 443 Regular City Council Meeting June 14, 2001 Page 444 The total city abatement over the life of the contract is $22,230. The total county abatement over the life of the contract would be $11,625. The project will add $1.3 million in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Red River Commodities, Inc. is eligible and meets all the criteria for tax abatement. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100 % and declining by 20 % each year. David Sharp represented Market Lubbock, Inc. and introduced Mr. Mike Williams, General Manager of Red River Commodities, Inc. Motion was made by Councilmember Hernandez, seconded by Patterson that Resolution No. 2001-0252 pass as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Morrison requested Mr. Williams to enlighten the Council what agricultural activities were going on in the City besides cotton. Mr. Williams' basic business is processing sunflower seeds for snack industry. The Lubbock facility simply is birdseed mixing and packaging facility. This product is available at Lowes as Valley Splendor and is grown, processed, sold and bought in Lubbock. (87.) Resolution No. 2001-R authorizing an interlocal agreement between the City of Lubbock and the Texas Department of Transportation for the Memphis Street pedestrian/bicycle bridge project. This item was tabled. The Lubbock District of the Texas Department overpassTransportation Loop is proposing development of a pedestrian/bicycleKastman 289 with connecting pedestrian/bicycle paths i The project and would be Parks (see attached Layout and Site undernthe TxDOT ,Transportation submitted for 80 % federal funding Enhancement Program, requiring a 10% match from both the City of District of TxDOThshare Lubbock and the Lubbock uld also have to provide access estimated at $114,8a0ty W a The Kastman1Parks for the bridge approach ramps. easements in Miller CityCouncil has previously authorized submission of T DOT for North University Enhancement Program projects es the Street in cooperation with Texas Tech University. Staff f bel e doubtatthat Enhancement Program will for more than one project in this round. Lubbock will receive funding Therefore, staff recommended City Council denial of the proposed resolution. No action was taken. BOARD APPOINTMENTS Consider one appointment to the Board of Electrical Examiners. (88') seconded by Motion was made by Councilmember Patterson, Bullock to the Board of Councilmember Hernandez to appoint Robert Electrical Examiners. Motion carried: 5 Yeas, 0Nays- ME Regular City Council Meeting June 14, 2001 Page 445 (89.) Consider four appointments to the Culture and Arts Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to appoint Carol McWhorter, Katie Parks, Julia Carrillo and David Langston to the Culture and Arts Commission. Motion carried: 5 Yeas, 0 Nays. (90.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to appoint Craig Wells to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 5 Yeas, 0 Nays. (91.) Consider two appointments to the Permit and License Appeal Board. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to appoint Les Brown and Jean Brock to the Permit and License Appeal Board. Motion carried: 5 Yeas, 0 Nays. (92.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to appoint Linda Gaither to the Public Transit Advisory Board. Motion carried: 5 Yeas, 0 Nays. (93.) Consider three appointments to the Redistricting Advisory Committee. Motion was made by Councilmember Patterson, seconded by _ Councilmember Hernandez to appoint Emilio Abeyta, Irma Guerrero and James Riddle to the Redistricting Advisory Committee. Motion carried: 5 Yeas, 0 Nays. 11:25 A.M. COUNCIL ADJOURNED There being no further business to come before the Council, motion was made by Hernandez, seconded by Nelson to adjourn the meeting. Motion carried: 5 Yeas, 0 Nays. Read and approved this I day of T /s/ windy sitton WINDY SITTON, MAYOR ATTEST: Rebec6 Garza, City Secretary 445