HomeMy WebLinkAboutMinutes - City Council - Regular - 7/12/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 12, 2001
7:30 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 12th
day of July, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc
McDougal, Councilmember Frank Morrison, Councilmember David
Nelson and Councilmember T.J. Patterson
Absent: No one was absent.
CITIZEN COMMENTS
Jim McClain, President of South Plains Bowling Association and
manager of Brunswick Bowl, spoke referencing nonsmoking and league
bowling. He offered amendments to the no smoking ordinance. He was
concerned the no smoking ordinance would discourage the bowlers from
participating in leagues and the opportunity of tournament bowling
occurring in Lubbock. He made suggestions of filtering the air for
several hours before letting the general public use the facilities.
Tony Schronce, manager of Classic Lanes, also voiced these same
_ concerns. He stated a high percentage of the bowlers stated they would
not come back if the no smoking ordinance prevailed. He was worried
about whether his bowling alley would survive.
David Cea, President of the Lubbock Restaurant Association, spoke to
the Council. He stated he opposed more restrictions on the restaurant
owners to serve their customers as they see fit. His partner, Loyd
Turner, Councilmember McDougal and himself have worked with the
Ad Hoc Committee, concerned citizens and City Attorney Anita Burgess
in clarifying the ordinance to make it easier to understand. He urged the
restaurant association and the new president to educate the local
restaurants on how to peacefully comply with the issues. He thanked
each of the groups that he had worked with on this matter.
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);
to deliberate, vote and take final action on a contract related to fuel
management services; pending or contemplated litigation (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 (Electric Utilities; Fire
Department; Aviation; Water Utilities).
Regular City Council Meeting
July 12, 2001
Page 2
7:45 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
Councilmember Nelson's birthday was recognized by Council.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086 to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Water Utilities).
( 4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Airport Board
Appointments Advisory Board
Board of Electrical Examiners
Building Board of Appeals
Citizens Traffic Commission
Keep Lubbock Beautiful
Planning and Zoning Commission
Public Transit Advisory Board
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Electric Utilities; Fire Department; Aviation;
Water Utilities).
9:37 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
The members acknowledged Councilmember Nelson's birthday.
(6.) Presentation regarding the displaying of the Vatican Exhibition at
Texas Tech University Museum in the summer of 2002. Father
Malcomb Neyland (20 minutes)
The Rev. Malcomb Neyland, judicial vicar of the Tribunal Diocese of
Lubbock and the Director of the Vatican Exhibition, made a
presentation to Council regarding the upcoming exhibition, scheduled to
be on display at Texas Tech University Museum between June 1, 2002
and September 15, 2002. The exhibition will feature medieval frescoes
that have never been displayed for the public. After the viewing, the
frescoes will be returned to the Vatican Museum and will not be made
available for viewing again until 2025. This unprecedented exhibit will
bring a tremendous number of visitors and media attention to Lubbock.
Father Neyland showed a 10-minute video, made very brief comments
and then allowed time for questions from the Council.
10:05 A.M. WORK SESSION RECESSED
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Regular City Council Meeting
July 12, 2001
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10:35 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc
McDougal, Councilmember Frank Morrison, Councilmember David
Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one was absent.
Mayor Sitton called the meeting to order at 10:35 A. M.
( 7.) Pastor John Donnerberg, First Church of the Nazarene gave the
invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Culture and Arts Commission
Receiving: Kerry Sessions -Griffith
Public Transit Advisory Board
Receiving: Ronald Phillips
CITIZEN APPEARANCES
( 9.) Presentation of a special recognition to the Sakurambo Shotokan
Karate -Do Academy to recognize their outstanding performance at
the AAU National Tournament.
The Sakurambo Shotokan Karate-DoAcademy has been located at the
Wilson Boys' and Girls' Club for over two years. The special needs and
low-income youth participating in this program are between the ages of 5
and 16. The Academy took 21 youth to the regional tournament in May
and 12 youth to the Amateur Athletics Union National Tournament in
New Orleans in June. All twelve youth participating in the National
Tournament placed in the top eight of their division and received medals
and ribbons. There were approximately 4,000 youth participating in this
event.
A presentation of a special recognition was made to the Sakurambo
Shotokan Karate -Do Academy recognizing their outstanding performance
at the AAU National Tournament. Debbie Sturtevant, Sensei (teacher),
accepted the special recognition. Members of the Academy were present
for a photograph.
(10.) Presentation of a special recognition to Eric Strong, director of the
Upward Bound program, for his efforts to bridge the digital divide
for Lubbock Seniors from the Trejo and Simmons Senior Centers.
Last year Council directed staff through the Lubbock City Council
Goals/Strategies March 2000 to "Close the digital divide" by involving
learning institutions and corporate sponsors." After the necessary
upgrades to the Maggie Trejo Supercenter Computer Learning Lab all
computers were connected to the Internet. Classes began January 2001.
Eric Strong, director of the Upward Bound program, approached Ron
Lewis and staff of the Parks and Recreation Department from the Trejo
and Simmons Community/Senior Centers about a partnering opportunity.
Regular City Council Meeting
July 12, 2001
Page 4
Mr. Strong proposed that Upward Bound students (students from area
high schools) help to instruct seniors on the use and operation of
computers.
Eleven seniors participated in the program and successfully passed a
proficiency test. As an incentive to participate in the three-week summer
program each senior received a personal computer for his or her
residence. Texas Tech University College of Engineering along with
Coca-Cola donated the Internet -ready computers to each participant.
This is one more successful partnership that has been forged in our
community in an effort to bridge the digital divide. The pairing of
Lubbock seniors with Lubbock youth will eventually provide the
necessary transfer of skills, experiences, and resources to bridge the
digital divide. Seniors learned more about computers and students
learned more about life through the eyes of one another.
A presentation of a special recognition was made for the Upward Bound
program. Eric Strong, Director, accepted the proclamation and
introduced Dr. John Chandler, TTU College of Engineering. Richard
DeLeon, a senior citizen from the Trejo Center, expressed his gratitude
for the opportunity of learning computer skills and working closely with
the young people. One of the students, Rodney Guyton, explained
how much it meant to the young people to work with and learn life
lessons from the seniors.
CONSENT AGENDA (Items Nos. 11, 13-29, 31-44)
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve Items No. 11, 13-29, 31-44 on
consent agenda as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
(11.) Approval of Minutes: June 14, 2001
Regular City Council Meeting
Next item to be considered was Item No. 13.
(12.) ORDINANCE #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 (second and final 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.
Andy Burcham spoke for the staff and introduced Vince Viali, First
Southwest, Ed Esquivel, bond council for the City and Beverly Hodges,
new Finance Director for the City. Mr. Viali explained that the City of
Lubbock received very high ratings within the different areas used to
determine interest on bonds. He introduced Gary Evans with Prudential,
a company which was a part of the syndicate that made up the party that
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Regular City Council Meeting
July 12, 2001
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sold the bonds. The Council was given handouts explaining how and
why the high ratings and good interest rates were received by the City
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on the second and final reading of
Ordinance #2001-00043. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 45.
(13.) ORDINANCE #2001-00047-Abandoning and closing a portion of
68th Street adjacent to the South Plains Church of Christ Addition to
the City of Lubbock (6802 Elkhart) (second and final reading).
ORDINANCE NO. 2001-00047
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 68TH
STREET LOCATED IN SECTION 27, BLOCK E-2, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(14.) ORDINANCE #2001-00049-ZONE CASE NO. 2910 (2618-2620
Auburn): Request of Maggie Trejo (for Community Housing
Resource Board) for a zoning change from R-2 to A-1 limited to
three duplexes, on the south 132.5 feet of the east 90 feet of Block 61
and the west 50 feet of the south half of Block 62, Arnett -Benson
Addition (second and final reading).
ORDINANCE NO. 2001-00049
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2910; A ZONING CHANGE FROM R-2 TO A-1
LIMITED TO THREE DUPLEXES ZONING ON SOUTH 132.5 FEET OF THE
EAST 90 FEET OF BLOCK 61 AND THE WEST 50 FEET OF THE SOUTH HALF
OF BLOCK 62, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(15.) ORDINANCE #2001-00050-ZONE CASE NO. 1947-D (northwest
corner of 32nd and Frankford Avenue): Request of Michael R.
Postar for a zoning change from A-1 to C-4 Specific Use for a self -
storage facility on an unplatted 7-acre tract of land out of Section 44,
Block AK (second and final reading).
ORDINANCE NO. 2001-00050
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1947-D; A ZONING CHANGE FROM A-1 TO C-4
SPECIFIC USE ZONING ON AN UNPLATTED 7-ACRE TRACT OF LAND OUT
OF SECTION 44, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(16.) ORDINANCE #2001-00051-ZONE CASE NO. 2912 (102, 104, 105,
106, 107 and 108 East 75th Street): Request of Steve and Barbara
Manahan and Julian and Nancy Martinez for a zone change from R-
1 to R-1 Specific Use (residential estates) on Lots 13 and 14, Block 1
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Regular City Council Meeting
July 12, 2001
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and Lots 7, 8, 9 and 10, Block 2, Smithlawn Heights Addition
(second and final reading).
ORDINANCE NO. 2001-00051
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2912; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING ON LOTS 13 AND 14, BLOCK 1 AND LOTS 7, 8, 9 AND
10, BLOCK 2, SMITHLAWN HEIGHTS ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(17.) ORDINANCE #2001-O0052-ZONE CASE NO. 934-F (5605 Villa
Drive): Request of Bob Jordan for a zoning change from C-4 (limited
to offices) to C-4 (limited to gamerooms, bars and all unconditionally
permitted C-3 uses) on Tracts E-35 through E-42, C.N. Hodges
Resub Addition (second and final reading).
ORDINANCE NO. 2001-00052
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 934-F; A ZONING CHANGE FROM C-4 (LIMITED
TO OFFICES) TO C-4 ZONING (LIMITED TO GAMEROOMS, BARS AND ALL
UNCONDITIONALLY PERMITTED C-3 USES) ON TRACTS E-35 THROUGH E-
42, C.N. HODGES RESUB ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #2001-O0053-ZONE CASE NO. 2719-A (8001
University Avenue): Request of Paul P. Fields (for Quick Quack
Express Car Wash) for a zoning change from C-2 to C-3 on Tract D,
Oak Park Addition (second and final reading).
ORDINANCE NO. 2001-00053
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2719-A; A ZONING CHANGE
FROM C-2 TO C-3 ZONING ON TRACT D, OAK PARK ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(19.) ORDINANCE #2001-00054-ZONE CASE NO. 2913 (north of 82nd
Street and east of Avenue P): Request of Ed Bucy (for the City of
Lubbock) for a zoning change from R-1 to R-2 on unplatted LCAD
tracts A-2-A, A-3-A, A-6, A-7, A-7-D, A-7-C, A-7-11, A-7-C-1, A-7-A
in Section 5, Block E and Lots 89-100, Winniewood Addition (second
and final reading).
ORDINANCE NO. 2001-00054
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2913; A ZONING CHANGE FROM R-1 TO R-2
ZONING ON UNPLATTED LCAD TRACTS A-2-A, A-3-A, A-6, A-7, A-7-D, A-7-
C, A-7-13, A-7-C-1, A-7-A IN SECTION 5, BLOCK E AND LOTS 89-100
WINNIEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
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Regular City Council Meeting
July 12, 2001
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(20.) ORDINANCE #2001-O0055-ZONE CASE NO. 2903-A (108th Drive
west of University): Request of Burl W. Masters (for Sunrise
Development) for a zoning change from R-2 to R-1 Specific Use for
garden homes and a reduced front setback on Lots 145-A through
200, Sunrise Estates Addition (second and final reading).
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Regular City Council Meeting
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ORDINANCE NO. 2001-00055
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2903-A; A ZONING CHANGE FROM R-2 TO R-1
SPECIFIC USE ZONING ON LOTS 145-A THROUGH 2O0, SUNRISE ESTATES
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(21.) ORDINANCE #2001-00056-ZONE CASE NO. 2832-A (northeast
corner of 82nd Street and Avenue U): Request of Hugo Reed and
Associates, Inc. (for Lubbock Land Company) for a zoning change
from R-1 Specific Use to R-1 Specific Use for a reduced front and
side setback on an unplatted 12.4 acre tract of land out of the
southeast quarter of Section 4, Block E (second and final reading).
ORDINANCE NO. 2001-00056
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2832-A; A ZONING CHANGE
FROM R-1 Specific Use TO R-1 SPECIFIC USE ZONING ON AN UNPLATTED
12.4 ACRE TRACT OF LAND OUT OF THE SOUTHEAST QUARTER OF
SECTION 4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(22.) ORDINANCE #2001-00057-ZONE CASE NO. 2914 (north of 74th
Street and east of Upland Avenue): Request of Greg Garrett (for
Morgan Baker) for a zoning change from T to C-4 Specific Use for a
secondhand or used car sales lot and body shop with screened,
outdoor storage on an unplatted 3.1 acre tract out of Section 30,
Block AK (second and final reading).
ORDINANCE NO. 2001-00057
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2914; A ZONING CHANGE FROM
T TO C-4 SPECIFIC USE ZONING FOR A SECONDHAND OR USED CAR
SALES LOT AND BODY SHOP ON AN UNPLATTED 3.1 ACRE TRACT OUT
OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(23.) ORDINANCE #2001-00058-ZONE CASE NO. 1196-D (2202 Indiana
and 3409-3411 22nd Street): Request of Parkhill, Smith and Cooper,
Inc. (for First Bank and Trust Co.) for a zoning change from C-2A
and RI to AM Specific Use for a bank/office on Lots 2-6, Block 2,
Squyres Place Addition (second and final reading).
ORDINANCE NO.2001-00058
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1196-D; A ZONING CHANGE
FROM C-2A AND R-1 TO AM SPECIFIC USE ZONING FOR A BANK/OFFICE
ON LOTS 2-6, BLOCK 2, SQUYRES PLACE ADDITION, LUBBOCK, TEXAS;
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July 12, 2001
Page 9
PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(24.) Ordinance No. 2001-00059 abandoning and closing an alley in the
Drive -In Subdivision to the City of Lubbock (5710 I-27) (first
reading).
ORDINANCE NO. 2001-00059
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN
— ALLEY LOCATED IN THE DRIVE IN SUBDIVISION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 15-foot east -west alley in the
Drive -In Subdivision. This alley is located just west of I-27 between
57th Street and 58th Street and is being closed for replat purposes. The
total area being closed is 3,234 square feet. They will not be charged
for this alley closure since they are dedicating additional right-of-way for
58th Street and a 20-foot underground utility easement. All utilities are
in agreement with this closure. This same alley area went to first
reading as ordinance 2000-00058 on October 12, 2000 and was to
include the closure of 57th Street, but fell through due to landowner
disagreements. This new alley closure ordinance closes some additional
alley area that the first alley closure ordinance did not.
The Right -of -Way Department recommended the first reading of this
ordinance.
(25.) Resolution No. 2001-RO278 authorizing the Mayor to execute a
Memorandum of Agreement for a deed for the sale of a 7,264 square
foot portion of land out of Lot 1, Block 1, Memorial Center Addition
of Lubbock to the Texas Department of Transportation for the
Marsha Sharp Freeway (aka East-West Freeway) (1401 4th Street).
RESOLUTION NO. 2001-RO278
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 Memorandum of
Agreement and a Deed conveying a tract containing 7,264 square feet out of Lot One
(1), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock
County, Texas, in favor of the Texas Department of Highways and Public
Transportation. Said Deed to be in a form that shall be acceptable to the City Attorney
of the said City of Lubbock.
Passed by the City Council this 12th day of July, 2001
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales
Supervising Attorney/Office Practice
The Texas Department of Transportation is in the process of buying
right-of-way for the Marsha Sharp Freeway along 4th Street. The City
owns Lot 1, Block 1, Memorial Center Addition, that is at the southeast
corner of 4th Street and Avenue O. TxDOT wants to purchase a 7,264-
square foot portion of land along the north side of Lot 1. The width of
this taking at its widest point is 10.00 feet and the length is
approximately 915 feet, east to west. Leonard P. Berger appraised this
property for $30,000. This equates to $4.15 per square foot. The
Right -of Way Department has reviewed the appraisal of this property and
finds it acceptable.
This resolution authorizes the Mayor to execute a deed conveying the
property and to execute a Memorandum of Agreement with TxDOT
regarding the price, condition, occupancy date, and closing instructions.
The Right -of -Way Department recommended the sale of this property.
(26.) Resolution No. 2001-RO279 authorizing the Right -of -Way
Department to make an offer to the Market Lubbock Economic
Development Corporation for acreage needed for a fee simple taking
in Section 38, Block D, Lubbock County, for the Lubbock
International Airport Railroad Spur project (north of the Airport).
RESOLUTION NO. 2001-RO279
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
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 further described in
Exhibit "A" attached hereto, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being the Market Lubbock
Economic Development Corporation BE offered through the Right -of -Way
Department of the City of Lubbock, the appraised value and total damages of
$5,151.30, for the fee simple title and acquisition of 7.359 acres, for the
purposes herein stated. Unless accepted forthwith, the City Attorney of said
City of Lubbock, or its authorized representatives, are hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the
fee simple title of the surface estate for public and municipal purposes.
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Regular City Council Meeting
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Page 11
Passed by the City Council this 12th day of July, 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 Chamales
Linda Chamales
Supervising Attorney/ Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2001-R0279.
This acreage is needed for an additional railroad spur track just north of
the Lubbock International Airport. Market Lubbock recently acquired
approximately 300 acres from the Gentry Estates and sold the City a
7.721 acre tract for a spur track. An additional spur track is also
planned and this resolution will authorize the Right -of -Way Department
to make an offer to Market Lubbock for this new track area. The
acreage needed is 7.359 acres. The appraiser used $700 as his per acre
price. 700 X 7.359 acres = $5,151.30. This would be our offer to
Market Lubbock.
The Right -of -Way Department recommended approval of this resolution.
(27.) Resolution No. 2001-RO280 declaring a public necessity for paving
improvements on alleys and directing the City Engineer to prepare
plans and specifications for such improvements.
RESOLUTION NO. 2001-R280
A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF
ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE
BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS
AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT public necessity exists that the following portions of alleys
in the City of Lubbock and along the boundaries thereof be improved as herein
provided, to -wit:
Alley between 10`' Street and 11' Street from Salem Avenue to Quaker Avenue;
Alley between 56`' Street and 57`' Street from Memphis Avenue to Nashville
Avenue;
Alley between 85`' Street and 86`' Street/Oxford Avenue from 85`h Street to
Oxford Avenue;
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Regular City Council Meeting
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Alley between 77`h Street/York Avenue and 78`' Street/Zoar Avenue from Slide
Road to 79' Street.
Alley between 81h Street and 9`h Street from Salisbury Avenue to Salem Avenue.
SECTION 2. THAT said portions of the above -described alleys shall be
improved by raising, grading and filling same, and by installing a ten foot (10') wide,
five inch (5") minimum depth reinforced concrete strip in the center of the alley right-
of-way;
SECTION 3. THAT the City Engineer is hereby directed to prepare plans and
specifications for such improvements.
SECTION 4. THAT such improvements shall be paid for in the following
manner:
(a) The abutting property and the owners thereof shall pay and shall be
assessed for a part of the cost of such improvements in the following
manner: All property will be assessed ninety percent (90%) of the total
construction cost. Said abutting property and the owners thereof shall
pay and be assessed for the cost of constructing alley paving
improvements as specified above, provided, that if it shall appear at the
hearing to be had before final assessment is made, that the special
benefits to such property by way of enhancement value thereof by means
of such improvements will not aggregate to such proportion of the cost
as specified above, then there shall be assessed and be paid by such
abutting property and the owners thereof a lesser amount not to exceed
such special benefits.
(b) The remaining cost of said improvements after deducting the sums
finally assessed against abutting property and the owners thereof under
subparagraph (a) above shall be paid by the City of Lubbock.
SECTION 5. THAT the amounts assessed against and to be paid by the
abutting property and the owners thereof shall be payable in five (5) equal installments,
the first of which shall become due on or before twenty (20) days after completion and
acceptance by the City Council of the improvements in the unit on which the property
abuts; the second, third, fourth and fifth installments shall become due one, two, three
and four years respectively after completion and acceptance by the City Council of the
improvements in the unit upon which the property abuts, and shall bear interest from
the date of completion and acceptance until paid, at the rate of eight percent (8 %) per
annum, payable annually, with provisions that if default be made in the payment of any
installment promptly as the same matures, then at the option of the holder of such
assessment of certificate issued in evidence thereof, such default shall mature the entire
assessment upon which same is made.
SECTION 6. THAT assessments shall be made and levied, and shall be a first
and prior lien and personal liability for principal, interest, reasonable attorneys' fees
and costs of collection, if incurred, all under and in accordance with the Charter of the
City of Lubbock and amendments thereto, now in force in this City, and in accordance
with the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code.
SECTION 7. THAT this Resolution shall take effect and be in force from and
after its passage.
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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Regular City Council Meeting
July 12, 2001
Page 13
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
This resolution is the first of five resolutions required to initiate an
assessment paving program. The proposed paving improvements are as
follows:
East-West alley between loth Street and 1lth Street from Salem Avenue
to Quaker Avenue
East-West alley between 56th Street and 57th Street from Memphis
Avenue to Nashville Avenue
U-Shaped alley between 85th Street and 86 th Street/Oxford Avenue
from 85th Street to Oxford Avenue
U-Shaped alley between 77th Street/York Avenue and 78th Street/Zoar
Avenue from Slide Road to 79th Street
East-West alley between 8th Street and 9th Street from Salisbury Avenue
to Salem Avenue.
On alley assessment paving the property owners may be assessed for
90 % of the total construction cost. The five alleys were petitioned by
abutting property owners requesting the paving improvements.
The petition for the alley between loth Street and llth Street was signed
by 86% of the assessable abutting property owners.
The petition for the alley between 56th Street and 57th Street was signed
by 81 % of the assessable abutting property owners.
The petition for the alley between 85th Street and 86th Street/Oxford
Avenue was signed by 80% of the assessable abutting property owners.
The petition for the alley between 77th Street/York Avenue and 78th
Street/Zoar Avenue was signed by 64% of the assessable abutting
property owners.
The petition for the alley between 8th Street and 9th Street was signed by
85 % of the assessable abutting property owners.
Staff recommended approval of this resolution.
(28.) Resolution No. 2001-R0281 approving recommendations from the
Lubbock Arts Alliance, Inc., for the second of two grant periods for
2001/02.
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Regular City Council Meeting
July 12, 2001
Page 14
RESOLUTION NO. 2001-RO281
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorized and approves
for and on behalf of the City of Lubbock, the Arts Alliance to award all of the second
period grants for 2001 recommended by the Lubbock Arts Alliance Grants Review
Committee. The letter, dated January 22, 2001, from the Lubbock Arts Alliance
requesting approval of the second period grants is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Connie Gibbons
Connie Gibbons, Cultural Arts Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Letter is filed with Resolution No. 2001-R0281.
On April 12, 2001 the Lubbock City Council approved an agreement to
pay the Lubbock Arts Alliance, Inc. $ 146,797. The agreement
stipulates that the funds are to be used in making grant awards to cultural
arts organizations for the encouragement, promotion, improvement, and
application of the arts. The funds represent seven percent of the
hotel/motel tax collected during the fiscal year ended September 30,
2000. In reviewing requests and developing funding recommendations
for each application, the Grants Review Committee follows guidelines
that were approved as part of the April 12, 2001 agreement. The grants
review committee, composed of appointments by City Council and
representatives of the Lubbock Arts Alliance, evaluates applications and
submits their recommendations to the City Council for approval.
The Lubbock City Council is now asked to approve $61,720 in grant
awards for the second grant period for 2001/02. Sixteen applications
were received on the June 1, 2001 deadline and all are recommended for
full or partial funding. Enclosed in your agenda backup is a listing of
the recommendations from the Lubbock Arts Alliance Grants Review
Committee.
Lubbock Arts Alliance, Inc. recommended approval of the grants'
award.
(29.) Resolution No. 2001-RO282 authorizing the Mayor to execute a sales
and maintenance contract with Southwestern Bell Telephone
Company for the equipment, installation and maintenance of a
SONET network to include three additional sites.
RESOLUTION NO. 2001-RO282
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Regular City Council Meeting
July 12, 2001
Page 15
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, by and between the City
of Lubbock and Southwestern Bell Telephone Company, Amendment No. 1 to Sales
Agreement for Communications Network Equipment and Services, dated May 15,
2000, for purchase of communications equipment and services, 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.
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Regular City Council Meeting
July 12, 2001
Page 16
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Managing Director of Information Technology
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-R0282.
In December 2000, Information Technology completed Phase I of the
Communications Infrastructure project, which connected Municipal
Square to the Fire Administration complex using SONET technology.
The current phase will create a redundant, survivable communications
ring (meaning if fiber were cut between two SONET nodes, the
transmission path would reverse with no loss of communication). It
would also provide high-speed voice, video and data services to other
locations, as well as release more fiber back to LP&L.
The cost for this phase of the Communications Infrastructure Project
implementation is $183,708.55. This will connect three additional
SONET nodes at Municipal Hill, Cooke Generation Plant, and Slaton
Substation to the ring that already exists between Municipal Square and
Fire Administration.
Staff recommended approval of this sales and maintenance contract with
Southwestern Bell Telephone for this phase of the implementation of the
Communication Master Plan.
(30.) This item was deleted.
(31.) Resolution No. 2001-RO283 granting authorization, pursuant to
Section 5.4 of the October 14, 1994 Management Agreement, to Fore
Star Golf, LLC to operate LakeRidge Country Club.
RESOLUTION NO. 2001-RO283
WHEREAS, Fore Star Golf of Lubbock, LLC, has requested
authorization by the City of Lubbock to operate another golf facility in Lubbock County
(LakeRidge Country Club), which written request is attached hereto as Exhibit A; and
WHEREAS, the City Council may grant such authorization under terms and
conditions approved by the City; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
July 12, 2001
Page 17
THAT the City Council of the City of Lubbock does hereby grant to Fore Star
Golf of Lubbock, LLC, authorization pursuant to Section 5.4 of the October 14, 1994,
Management Agreement and the Amendment thereto dated February 24, 2000, to
operate another golf facility within Lubbock County under the terms and conditions
hereinafter set forth.
1. The new golf facility to be operated by Fore Star Golf shall not compete
with the City's existing golf facilities for the same customer (including the same
tournaments).
2. There shall be a different fee structure for the new golf facility, which shall
clearly differentiate between the new golf facility and the golf facilities operated by
Fore Star for the City of Lubbock.
3. There shall be no joint advertising for the new golf facility and the golf
facilities operated by Fore Star for the City of Lubbock.
4. There shall be no discounts applied on the same days at the new golf facility
and at the golf facilities operated by Fore Star for the City of Lubbock.
Passed by the City Council this 12th day of July , 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 Exhibit A is filed with Resolution No. 2001-R0283.
In October 1994, the City Council passed Resolution #4634 entering into
a management agreement with Fore Star Golf, LLC for the operations of
Meadowbrook Golf Course. Section 5.4 of the management agreement
holds that Fore Star Golf, LLC shall not operate other golf facilities in
Lubbock County. However, on February 24, 2000, the City Council
amended the October 14, 1994 management agreement to allow Fore
Star Golf, LLC to operate another golf course in Lubbock County in
support of Fore Star's bid to acquire LakeRidge Country Club.
Since that time, Fore Star has successfully bid to acquire LakeRidge
Country Club. Fore Star will be allowed to operate LakeRidge Country
Club under the following terms and conditions:
The golf operations at LakeRidge Country Club will not compete with
Meadowbrook Golf Complex for the same customer, including
tournaments.
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Regular City Council Meeting
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Page 18
The golf operations at LakeRidge Country Club will have a different fee
structure that clearly differentiates it from Meadowbrook Golf Complex.
There shall be no joint advertising shared between LakeRidge Country
Club and Meadowbrook Golf Complex.
There shall be no discounts applied on the same days at LakeRidge
Country Club and Meadowbrook Golf Complex.
Fore Star's acquisition of LakeRidge Country Club expands their
holdings in the Lubbock market without creating competition with
Meadowbrook Golf Complex. The precedent for this is Fore Star's
operation of two courses in Las Cruces, New Mexico. Picacho Hills
Country Club, a private membership club, and Sonoma Ranch Golf
Course, a daily fee course, each cater to a different customer.
As in Las Cruces, Fore Star expects to benefit from increased economies
with two properties in Lubbock. This will be realized through
equipment sharing for specialty items that would not normally be
considered for a single operation, improved opportunities to make bulk
purchases at a reduced expense and opportunities for increased staffing
during special events.
A comparison of the proposed operations at LakeRidge Country Club to
those practiced at Meadowbrook underscores the absence of competition
between the facilities. Meadowbrook Golf Complex offers golf on a per
use basis, while LakeRidge Country Club offers golf, tennis, swimming,
dining and membership considerations on a monthly basis. Furthermore,
Meadowbrook Golf Complex extends no credit opportunities, while
LakeRidge Country Club offers credit terms to its membership.
The operation of LakeRidge Country Club will complement the
investment that Fore Star has made in Lubbock. Since October 1994,
Fore Star Golf, Inc. has improved the greens and installed a water
filtration system to improve the nutrient level of the irrigation water at
Meadowbrook Golf Complex. Furthermore, Fore Star is contractually
obligated to make $500,000 worth of additional improvements at
Meadowbrook Golf Complex during the next eighteen months. These
improvements include automating the irrigation system, planting trees,
and making site improvements to Prairie Dog Town. Fore Star Golf,
LLC is under contract through 2024 for the operation of Meadowbrook
Golf Course.
Staff recommended that the Council approve the resolution granting Fore
Star Golf, LLC permission to operate LakeRidge Country Club.
(32.) Resolution No. 2001-RO284 authorizing the Mayor to execute an
interlocal agreement between the City of Lubbock and Texas Tech
University to provide for the transportation of steam by the
University to the Lubbock Municipal Auditorium -Coliseum.
RESOLUTION NO. 2001-RO284
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 uo by andteam Transportation
between the City of
Agreement for steam transportation to the Lubbock Colisem
Lubbock, Texas, and Texas Tech University, attached hereto, which shall be spread upon
Regular City Council Meeting
July 12, 2001
Page 19
the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
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Regular City Council Meeting
July 12, 2001
Page 20
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Vicki Key
Vicki Key, Civic Center Manager
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0284.
In 1994, the City of Lubbock entered into an interlocal agreement with
Texas Tech University that authorized the City to construct a tunnel from
the Coliseum to the nearest underground utility on the Texas Tech
campus and to connect to the campus chilled water system. This
connection provided the necessary chilled water to the Coliseum as a part
of the project to air condition the Coliseum. The agreement also
authorized the City to install lines in the tunnel that could eventually tie
into the campus steam lines, which was done in 1994, and made
provisions to negotiate the tie-in for steam.
The boilers that service the Auditorium -Coliseum are in need of
replacement. The boilers are 46 years old and have served their useful
life. Staff is recommending that staff forego the replacement of the
boilers and enter into a Steam Transportation Agreement with the
University. This will provide steam to the Auditorium -Coliseum that is
produced by LP&L at their Brandon Station co -generation plant and
transported by Texas Tech through their campus lines and to the
Coliseum. This will also authorize the City to complete the
infrastructure necessary to receive and meter the steam that will be
transported by Texas Tech. The Auditorium -Coliseum will actually
purchase the steam from LP&L and the University's involvement will be
the transportation of the steam. The agreement attached is a
transportation agreement and includes the following key components:
The University will transport the steam produced by the LP&L Brandon
Station co -generation plant, which is located on the University campus,
to the Coliseum.
The City will pay the University $1,000 per year to transport the steam,
with an escalation factor of 1.05 each year after the initial year.
The term of the agreement would be for twenty years, provided the City
continues to own and operate the Coliseum and the University continues
to purchase steam from the co -generation plant.
The City agrees to construct the infrastructure, at their expense, that is
necessary to properly receive and meter the steam transported by the
University. The University will have the opportunity to review and
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Regular City Council Meeting
July 12, 2001
Page 21
approve plans and drawings prior to any construction to insure that the
type and location of all metering devices meets the University's
standards.
The University will not be charged for the steam transported to the
Coliseum.
The City agrees that the volume of steam produced for the University
will not decrease as a result of providing steam for the Coliseum and the
City will increase the production of steam if necessary to meet their
obligations to the University.
If staff were to replace the boilers, the cost is estimated to be between
$105,000 and $257,000, depending on the type of boiler installed, i.e.
steam versus modular. In addition, gas costs, as of 5/31/01, were a little
over $100,000.
By proceeding with the proposed infrastructure and tie-in with the
University system, the estimated cost of construction is $75,000. Funds
are available for the project. By transporting the steam through the
campus lines and purchasing the steam from LP&L, staff expects to
realize savings of approximately $85,000 in gas costs based on this
year's prices.
The interlocal agreement between the City of Lubbock and Texas Tech
University will authorize the City to complete the infrastructure to tie
into the University's underground utility and provide for the
transportation of steam to the Coliseum from the Brandon Station co-
generation. The Auditorium -Coliseum will then purchase steam directly
from LP&L. This option will not only provide savings for the
Auditorium -Coliseum in gas costs, but the City will realize additional
savings by eliminating the need for boiler replacement. Staff
recommended that the interlocal agreement be approved.
(33.) Resolution No. 2001-RO285 authorizing the Mayor of the City of
Lubbock to execute a grant application with the United States
Department of Justice for the purchase of equipment for the
Lubbock Police Department and to authorize the expenditure of one -
ninth matching funds upon the awarding of the grant.
RESOLUTION NO. 2001-RO285
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
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 grant application and
related documents to the United States Department of Justice , Bureau of Justice
Assistance, Local Law Enforcement Block Grants Program, for funds for new
technology, and that the Council hereby agrees, in accordance with the requirements of
such grant application, to a cash match of $28,706, which is one -ninth of $258,351.50,
and to establish or designate an advisory board to review the application for funding
and make non -binding recommendations to the Council for the use of funds received
under the Department's Block Grant Program.
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
Windy Sitton, Mayor
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Regular City Council Meeting
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Page 22
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104-
208) authorizes the Director of the Bureau of Justice Assistance (BJA) to
make funds available to local units of government under the Local Law
Enforcement Block Grants (LLEBG) Program for the purposes of
reducing crime and improving public safety.
The Police Department of the City of Lubbock requests that the City
Council authorize the Mayor to execute the grant application with the
United States Department of Justice. The Lubbock Police Department
requests this grant to purchase new technologies. Staff plan to use the
funds to upgrade our mobile data system.
The grant requires one -ninth matching funds from the City in cash to be
obligated and expended during the Federal project period.
The Police Department is requesting a grant in the amount of
$258,351.50. The City's share will be $28,706.
The grant also calls for the City mestablish
non non -binding advisory
recommendationsreview
on
the application for funding and ake
the use of the funding.
The Police Department recommended approval of this resolution.
(34.) Resolution No. 2001-RO286 authorizing
the
ethe Mayor
of City of the City
li oa
Lubbock to execute for and on behalf
Commercial Lease Agreement between the City of Lubbock and
Rosen and Rosen for lease of a warehouse/storage area.
RESOLUTION N0.2001-0286
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS
THAT the Mayor of the City
of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City ofaLubbock arage Commercial
at 40e
Agreement with Rosen and Rosen for the lease ° for storage of seized vehicles,
to be used as a garage g
Avenue F, Lubbock, Texas,of the Commercial Lease is attached
surveillance vehicles and related uses. n copy on the
he
reto and shall be spread upon the minutes of rt o Council he Resolution as
if full y copied
minutes of the Council shall constitute and be a pa
herein.
il this 12th day of July, 2001.
Passed by the City Counc
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Regular City Council Meeting
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Page 23
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Lease is filed with Resolution No. 2001-R0286.
This commercial lease agreement would be with Rosen and Rosen for the
lease of a warehouse/storage area located at 1407 Avenue F in Lubbock,
Texas. The primary term of this lease is for 12 months. The garage at
this location is to be used to store seized vehicles, surveillance vehicles
and other property. The vehicles are normally turned over to the Police
Department for use in law enforcement activities. Occasionally, staff are
required to return the vehicles to the owners. In those instances, the fact
that the vehicles have been stored indoors keeps liability at a minimum.
The lease is funded by the South Plains Regional Narcotics Task Force
— grant. The City of Lubbock is the grantee and staff are required to
follow City purchasing procedures when spending grant money.
The Police Department recommended approval of this resolution and
lease agreement.
(35.) Resolution No. 2001-RO287 amending authorized representatives in
the public funds investment pool known as the Texas Local
Government Investment Pool ("TexPool").
RESOLUTION NO.2001-RO287
A RESOLUTION AMENDING
AUTHORIZED REPRESENTATIVES
WHEREAS, CITY OF LUBBOCK (the "City") is local government of the State
of Texas and is empowered to delegate to a public funds investment pool the authority
to invest funds and to act as custodian of investments purchased with local investment
funds; and
WHEREAS, it is in the best interest of the City to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public
funds investment pool, was created on behalf of entities whose investment objective in
order of priority are preservation and safety of principal, liquidity, and yield consistent
with the Public Funds Investment Act; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
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Page 24
SECTION 1. THAT the individuals, whose signatures appear in this
Resolution, are Authorized Representatives of the City and are each hereby authorized
to transmit funds for investment in TexPool and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other
actions deemed necessary or appropriate for the investment of local funds.
SECTION 2. THAT an Authorized Representative of the City may be deleted
by a written instrument signed by all remaining Authorized Representatives provided
that the deleted Authorized Representative (1) is assigned job duties that no longer
require access to the City's TexPool account or (2) is no longer employed by the City;
and
SECTION 3. THAT the City may be Amending Resolution signed by the City
add an Authorized provided the additional Authorized Representative is an officer,
employee, or agent of the City;
SECTION 4. THAT the following persons are Authorized Representatives of
the participant. These individuals will be issued P.I.N. numbers.
1. Name: Andy Burcham
Signature: /s/ Andy Burcham
2. Name: Perry Stout
Signature: /s/ Perry Stout
Title: Cash & Debt Manager
Direct Phone Number (806)775-2149
Title: Chief Accountant
Direct Phone Number: (806)775-2160
3. Name: Beverly Hodges Managing Director of Finance
Signature: /s/ Beverly Hodges Direct Phone Number: (806)775-2161
4. Name: Quincy White Assistant City Manager
Signature: /s/ Quincy White Direct Phone Number: (806)775-3089
List the name of the Authorized Representative listed above that will have primary
responsibility for performing transactions and receiving confirmations and monthly
statements under the Participation Agreement.
Name: Andy Burcham
SECTION 5. THAT this Resolution and its authorization shall continue in full
force and effect until amended or revoked by the City, and until TexPool receives a
copy of any such amendment or revocation. This Resolution is hereby introduced and
adopted by the City at its regular/special meeting held on the 12th day of July, 2001.
Passed by the City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges, Managing Director of Finance
APPROVED AS TO FORM:
/s/ Don Vandiver
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Regular City Council Meeting
July 12, 2001
Page 25
Don Vandiver, First Assistant City Attorney
The City is a participant in the public funds investment pool known as
the Texas Local Government Investment Pool ("TexPool"). The City
now wishes to update and designate authorized representatives on the
City's accounts with TexPool.
The City entered into a participation agreement with TexPool on May
28, 1998. Due to recent staffing changes, it is necessary to update and
designate new authorized representatives on these accounts. The
designation of "Authorized Representative" provides full power and
authority to transmit funds for investment in TexPool and withdraw
funds from time to time, to issue letters of instruction, and to take all
other actions deemed necessary or appropriate for the investment of local
funds.
The updated "Authorized Representatives" will include:
Beverly Hodges, Managing Director of Finance
Andy Burcham, Cash & Debt Manager
Perry Stout, Chief Accountant
Quincy White, Assistant City Manager
Staff recommended the approval of this resolution.
(36.) Resolution No. 2001-RO288 changing authorized representatives in
the public funds investment pool known as the Local Government
Investment Cooperative ("LOGIC").
RESOLUTION NO. 2001-RO288
A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR
LOCAL GOVERNMENT INVESTMENT COOPERATIVE
WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local
Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution")
has entered into that certain Interlocal Agreement (the "Agreement") and has become a
participant in the public funds investment pool created thereunder known as Local
Government Investment Cooperative ("LOGIC");
WHEREAS, the Resolution designated on one or more "Authorized
Representatives" within the meaning of the Agreement;
WHEREAS, the City now wishes to update and designate the following
persons as the "Authorized Representatives" within the meaning of the Agreement;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The following officers, officials or employees of the City are hereby
designated as "Authorized Representatives" within the meaning of the Agreement,
with full power and authority to: deposit money to and withdrawal money from the
City's LOGIC account or accounts from time to time in accordance with the
Agreement and the Information Statement describing the Agreement and to take all
other actions deemed necessary or appropriate for the investment of funds of the
Government Entity in LOGIC:
Signature: /s/ Andy Burcham
Printed Name: Andy Burcham
Title: Cash & Debt Manager
Signature: /s/ Perry Stout
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Regular City Council Meeting
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Page 26
Printed Name: Perry Stout
Title: Chief Accountant
Signature: /s/ BeverlHodges
Printed Name: " Beverly Hodges
Title: Managing Director of Finance
Signature: /s/ Don Vandiver
Printed Name: Quincy White
Title: Assistant City Manager
The foregoing supersedes and replaces the City's previous designation of
officers, officials or employees of the City as Authorized Representatives under the
Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the
Resolution shall remain in full force and effect.
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Regular City Council Meeting
July 12, 2001
Page 27
PASSED BY THE City Council this 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges, Managing Director of Finance
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First Assistant City Attorney
The City is a participant in the public funds investment pool known as
the Local Government Investment Cooperative ("LOGIC "). The City
now wishes to update and designate authorized representatives on the
City's accounts with LOGIC.
The City entered into an interlocal agreement with LOGIC on May 23,
1996. Due to recent staffing changes, it is necessary to update and
designate new authorized representatives on these accounts. The
designation of "Authorized Representative" provides full power and
authority to deposit money to and withdraw money from the City's
LOGIC account or accounts from time to time in accordance with the
Agreement and the Information Statement describing the Agreement and
to take all other actions deemed necessary or appropriate for the
investment of funds of the City in LOGIC.
The updated "Authorized Representatives" will include:
Beverly Hodges, Managing Director of Finance
Andy Burcham, Cash & Debt Manager
Perry Stout, Chief Accountant
Quincy White, Assistant City Manager
Staff recommended the approval of this resolution.
(37.) Consider the price and conditions of sale of Parcel 15760-48-20 at
2606 Redbud Avenue in the Coronado Addition.
This is a routine sale of property by the Urban Renewal Agency to
Lubbock Quality Homes, LTD Construction Company for $2,000. The
property is to be redeveloped with a new 1,781-square foot single family
residence valued at $77,000. The lot is properly zoned for residential
development.
The proposed sale was approved
Commissioners on June 19, 2001.
recommended approval of the sale.
by the Urban Renewal Board of
The Community Development staff
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Regular City Council Meeting
July 12, 2001
Page 28
(38.) Resolution No. 2001-RO289/RFP #005-01/LR-Engineering Services
for the Design and Start Up of a Pilot -Scale Water Treatment Plant
(Water Treatment).
RESOLUTION NO. 2001-RO289
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 design
and start up of a pilot -scale water treatment plant, by and between the City of
Lubbock and Camp Dresser & Mckee, Inc. of Fort Worth, 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 12th day of July, 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-RO289.
This contract is for engineering services for the design and start-up of a
pilot scale water treatment plant for use by the Water Treatment
Department. The services will also include oversight and inspection
services for the construction of the pilot plant. A pilot scale plant on -site
at the Water Treatment Plant will allow for testing of alternative
chemicals and treatment technologies on a small scale before
implementing to full plant operation. It will also serve as a means for
optimizing plant operations and will be a very valuable educational and
training tool for new operators. With the ever -changing drinking water
rules and regulations, this will be a very valuable tool for plant staff.
This project was one of the major recommendations of the recently
completed Water Treatment Plant Optimization Study.
Proposals were submitted by the following firms:
Parkhill, Smith & Cooper, Inc. of Lubbock, Texas
Alan Plummer Associates, Inc. of Fort Worth, Texas
Camp Dresser & McKee, Inc. of Fort Worth, Texas
A four -member evaluation committee was formed to evaluate and select
the best firm for this project. The committee members are Bruce
Blalack, Water Production and Treatment Superintendent; Judy
Anderson, Operations Coordinator; Gary Essary, Water System
Regular City Council Meeting
July 12, 2001
Page 29
Supervisor; and Luis Martinez, Water Utilities Shift Leader. Although
all three firms submitted well -written and professional proposals, the
evaluation committee was unanimous in rating Camp Dresser & McKee,
Inc. the highest.
The evaluation criteria in the RFP included: 1) Past similar project
experience (40%); 2) Proposer's experience, qualifications, and history
(40%); 3) Availability during project (10%); and 4) Responsiveness to
the RFP (10%). Proposals for each firm were distributed to each
committee member to read and evaluate. Each committee member
reviewed and rated each proposal, and then the committee met as a
group and made the selection. The ranking of the three firms is as
follows:
Camp Dresser & McKee, Inc. 95.75
Alan Plummer Associates, Inc. 85.75
Parkhill, Smith & Cooper, Inc. 75.25
Reference checks were performed on all three firms and were found to
be excellent. These firms have an abundance of experience in the water
treatment industry, but it was obvious from the proposals that Camp
Dresser & McKee are the leaders in pilot -scale plant design and
construction. Their experience includes design, start-up, and training for
over 70 pilot -scale plants in the United States and abroad.
The evaluation committee unanimously ranked Camp Dresser & McKee
of Fort Worth, Texas the best to perform the engineering services for
this project. A contract was negotiated with them for $43,860 for the
design and start-up services, with a Special Services option such as after
construction services of $10,000 for a not to exceed total of $53,860.
This amount is within the Water Treatment Plant Optimization budget
for Professional Services.
(39.) Resolution No. 2001-RO290/BID #143-01/RS-All Terrain Vehicles and
Turf Equipment (Fleet Services).
RESOLUTION NO. 2001-RO290
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 ITB
#143-01/RS for all terrain vehicles and turf equipment, by and between the City of
Lubbock and Western Implement Company 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 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
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Regular City Council Meeting
July 12, 2001
Page 30
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-R0290.
This bid is for the purchase of three all terrain vehicles for the Park
Maintenance department, four riding lawnmowers for the Park
Maintenance department, one aerator for the Land Application Site, and
one rotary mower with liftable wings for the Airport. The items to be
purchased are new additions to the current equipment fleet.
The low bids are from the following companies:
Honda of Lubbock of Lubbock, Texas
$9,260.00
Austin Turf & Tractor of Dallas, Texas
$7,402.36
avage Equipment, Inc. of Madill, Oklahoma
$9,450.00
& M Air Cooled Engine, Inc. of Waco, Texas
$21,000.00
estern Implement Company of Lubbock, Texas
$45,558.00
All low bids are within budget.
(40.) Resolution No. 2001-R0291/BID #152-01/RS-Four Wheel Drive
Articulated Front Loader (Fleet Services).
RESOLUTION NO. 2001-R0291
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 ITB
#152-01/RS for a four wheel drive articulated front loader, by and between the City of
Lubbock and Yellowhouse Machinery Company 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 12th day of July, 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
30
Regular City Council Meeting
July 12, 2001
Page 31
William de Haas , Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-RO291.
This bid is for the purchase of one four-wheel drive articulated front
loader for the Solid Waste Department.
The low bid is $155,940 from Yellowhouse Machinery of Lubbock,
Texas and is within the Equipment Capital Outlay -Heavy Moveable
Equipment budget.
(41.) Resolution No. 2001-RO292/BID #153-01/RS-Wheel Mounted Diesel
Powered Horizontal Grinder (Fleet Services).
RESOLUTION NO. 2001-RO292
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
ITB #153-01/RS for a wheel mounted diesel powered horizontal grinder, by and
between the City of Lubbock and Poston Equipment Sales, Inc. of Pearland, 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 12th day of July, 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-RO292.
This bid is for the purchase of one horizontal grinder for the Solid Waste
department. The grinder will be used for making compost material from
trees, limbs, and other wood materials at the City of Lubbock Landfill.
The low bid is $227,690 from Poston Equipment Sales, Inc. of Pearland,
Texas and is within the Equipment Capital Outlay -Heavy Moveable
budget.
(42.) Resolution No. 2001-RO293-Resolution No. 2001-RO294/BID #155-
01/RS-Center Pivot Replacement Parts, Gate Valves, and Electric
Actuators (Land Application).
31
Regular City Council Meeting
July 12, 2001
Page 32
RESOLUTION NO. 2001-RO293
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 ITB
#155-01/RS for gate valves & electric actuators, by and between the City of Lubbock
and Watermaster Irrigation Supply 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.
32
Regular City Council Meeting
July 12, 2001
Page 33
Passed by the City Council this 12th day of July, 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-R0293.
RESOLUTION NO. 2001-RO294
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract to furnish and
install center pivot replacement parts, by and between the City of Lubbock and Mesa
— Irrigation of Wilson, 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 12th day of July, 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-R0294.
33
Regular City Council Meeting
July 12, 2001
Page 34
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of July, 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 Mesa Irrigation, of the City of Wilson, County of Lynn, 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 #155-01/RS - Furnish & Install Center Pivot Replacement Parts - $37,296.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Brad Welch
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Risa Coleman
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Mesa Irrigation
: /s/ Julian Coleman
PRINTED NAME: Julian Coleman
TITLE: Vice President
COMPLETE ADDRESS:
Mesa Irrigation
Route 1, Box 10
Wilson, Texas 79381
912
Regular City Council Meeting
July 12, 2001
Page 35
This bid is for the purchase of additional center pivot replacement parts
and accessories to complete the telemetry system at the Land Application
Site. The system is necessary to monitor and control all center pivot
systems on the Wilson Farm.
The low bids are from the following companies:
Mesa Irrigation of Wilson, Texas $37,296.00
Watermaster Irrigation Supply of Lubbock, Texas $84,423.80
Totals for both bid items are within the Land Application Rent Lease
Machinery budget.
(43.) Resolution No. 2001-110295/13I1) #158-01/DC-Pesticide (Vector
Control.
RESOLUTION NO. 2001-RO295
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 ITB
#158-01/DC for pesticide, by and between the City of Lubbock and Adapco, Inc. of
Sanford, Florida, 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 12th day of July, 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-RO295
This bid is for the purchase of Permethrin for the control of adult
mosquitoes around the City of Lubbock and Lubbock County.
The low bid is $33,000 from Adapco, Inc. of Sanford, Florida and is
within budget.
(44•) Resolution No. 2001-RO296/BID #164-01/RS49th Street Senior
Citizens Center Renovation (Facilities Management.
35
Regular City Council Meeting
July 12, 2001
Page 36
RESOLUTION NO. 2001-RO296
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 191h
Street Senior Citizens Center Renovations, by and between the City of Lubbock and
Pharr & Company of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 12th day of July, 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-R0296.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12 day of July, 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 Pharr & Company, of the City of Lubbock, County of Lubbock, and the
State of Texas, herein termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by
the date OWNERRherewith and(if and )r the the
conditions expressed in the bond bearing even
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #164-01/RS - 19th Street Senior Citizens Center Renovations - $113,619.00
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
t documents.him
and to substantially
complete same within the time specified in the
36
Regular City Council Meeting
July 12, 2001
Page 37
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/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Jackie Norrell
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Pharr & Company
By: /s/ Jimmy R. Pharr
PRINTED NAME: Jimmy R. Pharr
TITLE: President
COMPLETE ADDRESS:
Pharr & Company
P. O. Box 2791
Lubbock, Texas 79408
This project involves renovating the men's and women's restrooms
necessary to make them ADA accessible, replacing the north and south
entrances with doors and storefront systems, and renovating the north
and south concrete ramps/stairs to allow better accessibility to the
facility.
The low bid is $113,619 from Pharr & Company of Lubbock, Texas and
is within the Building Capital Outlay-19th Street Senior Center
Renovation 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.
Next item to be considered was Item No. 12.
(45.) Ordinance No. 2001-00060 (an emergency ordinance) pertaining to
smoking in public places and replacing Ordinance #2001-00042 in
Article 9, Chapter 12 of the Lubbock Code of Ordinances.
ORDINANCE NO. 2001-00060
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
37
Regular City Council Meeting
July 12, 2001
Page 38
TOBACCO SALES OR SAMPLES TO MINORS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The current City of Lubbock Smoking Ordinance was passed in October
1987 and later modified in November 1995. On June 14, 2001 the City
Council heard the final report from the Chair of the Ad Hoc Smoking
Ordinance Committee, Tom Johnson. The Council acted on an
ordinance proposed by Councilman David Nelson and passed the
ordinance on the first reading by a vote of 4-3. A second reading took
place on June 26, 2001 with several amendments being added. In order
to ensure the ordinance meets the council's intent, an amended version
has been drafted and recommended for approval. This ordinance will, in
part, allow a 3-year phase in period and will continue to allow smoking
in bars, sports grills, and bingo parlors.
Staff recommended approval of the amendments to the Smoking
Ordinance. Anita Burgess, City Attorney, spoke for the staff stating that
legal had met with each Councilmember, representatives of Smokeless
Lubbock and representatives of Lubbock Restaurant Association.
Although not everyone has been pleased substantively, she thought
everyone was much more pleased with the clarification, i.e. fast-food
restaurants are to be smoke free immediately, except in the employee
work areas which would be covered by the three year grandfather
provision - meaning phase -in. Also, intent that most businesses be
entitled to the three-year phase -in has been clarified. This is an
emergency order effective July 22, 2001 requiring only one reading.
The provision relating to the permit section and fees associated with that
has been rewritten. The fees will be assessed in the out years after they
have studied it. Also signage has been cleared up.
David Cea, President of Lubbock Restaurant Association, again spoke to
the Council expressing his appreciation for the way this was handled.
Dr. Donna Bacchi also stated how she appreciated the Council
recognizing the seriousness of health effects smoking has on individuals
and also how tirelessly everyone had worked in addressing these issues.
She said she believes the product they have is a competent and fair
ordinance and truly reflects what the Smoking Ad Hoc Committee of
which she was a member recommended to the City Council. She urged
all citizens of the community to comply with the ordinance.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to pass on Ordinance No. 2001-00060 as
recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember
Cooke voted Nay.
Development Services
(46.) Resolution No. 2001-RO297 authorizing the Mayor to execute an
agreement between the City of Lubbock and Parkhill, Smith and
Cooper, Inc. for construction inspection services in association with
the South Central Storm Sewer Project.
RESOLUTION NO. 2001-RO297
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, by and between the City
of Lubbock and Parkhill, Smith & Cooper, Inc., an Agreement for Engineering
Regular City Council Meeting
July 12, 2001
Page 39
Services, 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 12th day of July, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Regular City Council Meeting
July 12, 2001
Page 40
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-R0297.
This resolution would provide the necessary funding for Parkhill, Smith
and Cooper, Inc., to provide construction inspection services for the
South Central Storm Sewer Project. Parkhill, Smith and Cooper, Inc.,
will provide on site resident project representation for the City for the
duration of the construction period plus engineering assistance in
reviewing submittals associated with the design of the project. As part
of this contract they will also provide to the City final "As -Built" record
drawings of the entire storm sewer project.
In discussions with the contractor, Barnard Construction Co., City staff
has been told on numerous occasions that they plan to be complete with
this entire project within 18 months rather than the 40 months allowed by
the contract. This agreement has been based on providing two full-time
resident project representatives for the 18-month construction period. If
for some unexpected reason the contractor goes beyond his predicted
time frame then the City staff will come back to the City Council for
approval to authorize the necessary supplemental services.
If this agreement is approved the total amount for basic services
associated with this contract will be a not to exceed amount of
$1,440,606. The supplemental services will be a not to exceed amount
of $691,269 and will only be used if necessary.
Staff recommends the approval of this resolution. Marsha Reed, Civil
Engineer with Street Drainage, spoke for the staff.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on Resolution No. 2001-RO297 as
recommended by staff. Motion carried: 7 Yeas, 0 Nay.
Electric Utilities
(47.) Ordinance No. 2001-00061 amending Chapter 2 of the Code of
Ordinances of the City of Lubbock, Texas by amending Sections 2-
480, 2-482, 2-483, and 2-484 of the Code of Ordinances of the City of
Lubbock by amending the composition, duties and responsibilities of
the Electric Utility Board; providing a savings clause and providing
for publication (first reading).
ORDINANCE NO. 2001-00061
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING
SECTIONS 2-480, 2-482, 2-483, AND 2-484 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY AMENDING THE COMPOSITION, DUTIES AND
RESPONSIBILITIES OF THE ELECTRIC UTILITY BOARD; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Due to the emerging competitive nature of the electric utility industry,
staff would like to recommend that Council consider modifications to the
Regular City Council Meeting
July 12, 2001
Page 41
operations and structure of the Electric Utility Board. Since the relevant
areas of concern are embodied in two documents (an ordinance and
Council policies), this will require two actions:
The first action would be an amendment to Section 2-480, 2-482 A & B,
2-483 and 2-484 of the Code of Ordinances. This would modify the
authority and structure of the Electric Utility Board as follows: They
would be acting in an advisory capacity on all matters concerning the
Electric Utility.
This would add two additional board members to the utility board in
order to bzoaden citizen involvement and oversight of the utility.
Modifying the minimum required meeting frequency.
The second item would involve an amendment to the Council adopted
Policies and Procedures Manual regarding term limitations of boards and
commissions. Under this proposal, Council would have the option of
reappointing board members who have served for two terms. A similar
exception already exists for the Planning and Zoning Commission. It
should be pointed out that the Council policies require two actions. First
is the posting and discussing of a proposal to amend the policy (the item
considered today). The second would be adoption of the amendment,
which would, if approved, take place at the next City Council meeting.
Staff recommends that the Mayor and City Council restructure the
Electric Utility Board and modify their role due to the competitive nature
of the electric utility environment in Lubbock. Staff was represented by
Paul Thompson, Director of LP&L. City Manager Bob Cass also spoke
in favor of the recommendation.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to pass on first reading of Ordinance No.
2001-00061. Motion carried: 7 Yeas, 0 Nays.
(48.) Consider a proposal to amend Volume I, Article XI(B) of the City of
Lubbock Policies and Procedures Manual regarding term limitations
of boards and commissions.
Council discussed the proposal and voted to consider a resolution at a
subsequent meeting. Motion was made by Councilmember Cooke,
seconded by Councilmember Morrison to consider a resolution at a
subsequent meeting. Motion carried: 7 Yeas, 0 Nays.
(49.) This item was deleted.
Miscellaneous
(50.) This item was deleted.
(51.) This item was deleted.
Board Appointments
(52.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Alan Henry to the Appointments
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(53.) Consider three appointments to the Electric Utility Board.
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Regular City Council Meeting
July 12, 2001
Page 42
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint John Owens and reappoint Ken
Jones and Robert Massengale to the Electric Utility Board. Motion
carried: 7 Yeas, 0 Nays.
(54.) Consider one appointment to the Libraries Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Lois Brunjes to the Libraries Board.
Motion carried: 7 Yeas, 0 Nays.
(55.) Consider one appointment to the Permit and License Appeal Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Kenneth Sylvester to the Permit and
License Appeal Board. Motion carried: 7 Yeas, 0 Nays.
(56.) Consider one appointment to the Urban Design and Historic
Preservation Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Dudley Thompson to the Urban
Design and Historic Preservation Commission. Motion carried: 7 Yeas,
0 Nays.
(57.) Consider four appointments to the Youth Commission -Adult.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint reappoint Stephen Escobedo, Fred
Ortiz, Karen Williams and Larry Wilson to the Youth Commission.
Motion carried: 7 Yeas, 0 Nays.
11:25 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION.
12:55 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Hernandez made a motion to adjourn; Councilmember Patterson
seconded the motion.
Read and approved this day of , 2001.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
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