HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/2001'REGULAR CITY COUNCIL MEETING
September 13, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of September, 2001, in the City Council Chambers, first floor, City Hall, 1625
13`h Street, Lubbock, Texas 79401 at 7:30 A. M.
7:32 P. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 131h Street, Lubbock, Texas.
Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke,
Councilmember Marc McDougal and Councilmember David Nelson
Absent: Councilmembers Hernandez, Morrison, and Patterson.
CITIZEN COMMENTS
No one appeared to express comments to the Council.
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 Attorney; City Manager); to discuss personnel
matters (City Attorney; City Manager); to deliberate, vote and take final
action on electric rates of Lubbock Power and Light (Electric Utilities);
to deliberate, vote and take final action on a competitive matter regarding
electric energy sales/contracts by the City of Lubbock (Electric Utilities);
to discuss pending or contemplated litigation (Environmental Inspection;
Lubbock Power & Light; Planning Department; Police Department;
Water Utilities); to discuss personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); to
deliberate the purchase, exchange, lease, or value of real property
(Aviation; Fire Department; Water Utilities).
7:34 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Attorney; 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 551.086, to deliberate, vote and take final action on a
competitive matter regarding electric energy sales/contracts by the
City of Lubbock (Electric Utilities).
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Environmental Inspection; Lubbock Power & Light;
Planning Department; Police Department; Water Utilities).
Regular City Council Meeting
September 13, 2001
Page 118
( 5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Board of Electrical Examiners
Citizens Traffic Commission
Libraries Board
Neighborhood Redevelopment Commission
Planning and Zoning Commission
Structural Standards Commission
Urban Design/Historic Preseration Commission
Youth Commission4tudents
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Aviation; Fire Department; Water Utilities).
9:44 A.M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except Councilmember Hernandez.
( 7.) Presentation on upcoming Fiestas del Llano celebration. Victor
Hernandez, Executive Director of Fiestas del Llano (15 minutes)
This item was deleted.
( 8.) Presentation on proposed Central Business District Tax Increment
Finance District. Craig Farmer, Director of Planning (20 minutes)
Craig Farmer will review plans for a Tax Increment Finance District for
the Lubbock Central Business District. A study is in progress, and Mr.
Farmer briefed the Council on the TIF concept and the study progress to
date.
Schrader and Cline, LLC of Dallas prepared the following summary of
Tax Increment Finance Districts in Texas. Schrader and Cline is the
City's consultant in this process, providing the feasibility analysis,
development of the TIF financial plan, guiding the creation and
establishment of the district and presenting the proposal to the other
taxing jurisdictions.
TAX INCREMENT FINANCING (TIF) DISTRICT HISTORY:
• Originated in California during the early 1950's
• Majority of TIF's established since the early 1980's
• Established in Texas in 1981
• Governed by statutes -Chapter 311 of Texas Tax Code
CONCEPT:
• A mechanism to finance new public improvements in a designated
area in order to stimulate new private investment.
• Any increase in ad valorem tax revenue (caused by new private
investment and higher land values) is paid into a special District Fund
used to finance District projects.
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• Any increases in personal property and inventory tax revenue will go
to each taxing jurisdiction
• Fair to existing property owners, as there is no forgiveness of taxes
for new development
KEY ELEMENTS
• Qualify area as a reinvestment zone
• Define boundaries of the tax increment district (proposed boundary
on attached map)
• Fix and preserve assessed value of existing land and improvements
for continued use by taxing jurisdictions
• Commit increase in real property taxes above base to a tax increment
fund
• Use tax increment funds to pay for public improvements
TWO THINGS DON'T CHANGE:
• Property owners pay taxes at the normal rate; there is no forgiveness
nor extra charge of any kind.
• Taxing jurisdictions continue to receive their original "base" ad
valorem tax revenues.
TIF DISTRICT MAY BE ESTABLISHED BY:
• Ordinance with petition of owners of over 50 % of appraised value of
property in the District OR
• Directly by the Municipality
TIF's MAY FUND:
• Capital costs: public works, public improvements, new buildings,
structures, acquisition and renovation of existing buildings, land and
site costs;
• Financing costs
• Real property assembly costs
• Relocation costs
• Professional services, administration, and organization costs
• Construction Interest
• Direct operating costs for zone and for project facilities
TO FUND PROJECT EXPENSES, TIF'S MAY EITHER:
• Borrow funds
—> Loans from developers
—> Loans from City or other public body
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—> Issue bonds (no "faith & credit") or certificates of obligation
• 'I
• Fund improvements on a "pay-as-you-go" basis
TIF DISTRICT IS MANAGED BY BOARD OF DIRECTORS:
• Board is appointed by participating taxing jurisdictions
• Only a recommending board; City Council has approval authority
OTHER CRITERIA
• All taxing jurisdictions can, but do not have to, pledge their
increased tax revenues above base to the TIF fund. They can also
participate at less than 100 % .
• September 1999 change in State statute essentially precludes school
districts from participating.
• No more than 10 % of existing property within the District may be
used for residential uses. The District may not contain more than
15 % of the total appraised value of the municipality.
• Termination date established by ordinance or when bonds paid off
(not more than 20 years).
The Planning Department is working with a committee from CenterCorp
to develop this proposal, and has also met with Market Lubbock, Inc.
The financial analysis of the TIF is in progress, and was presented at the
September 13 Council meeting.
The attached map shows the TIF boundary as it is being considered at
this point. However, the area to be included is subject to change as the
analysis progresses. Staff anticipates returning to City Council with a
final proposal before the end of the year.
An item was included on the consent agenda authorizing the Mayor to
sign a notice of intent to form a TIF. This notice must be sent to the
other taxing units sixty days prior to a public hearing if the Council is
interested in pursuing the proposed TIF.
( 9.) Discuss possible dates for November and December, 2001 City
Council meetings. Bob Cass, City Manager (10 minutes)
As Council is aware, the meeting dates for November and December
need to be changed due to holiday and travel schedules. Staff has
checked Council calendars and the following dates appear to have the
fewest conflicts:
First Meeting in November:
Thursday, November 8, 2001
Second Meeting in November:
Thursday, November 15, 2001 (hear zone cases)
First Meeting in December:
Monday, December 3, 2001
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Second Meeting in December:
Thursday, December 13, 2001 (hear zone cases)
Staff recommended these meetings be held as follows:
Thursday, November 8
Thursday, November 15
Monday, December 3
Thursday, December 13
(10.) Presentation on the Signal System Upgrade and New Signal Timing
Changes. Jere Hart, City Traffic Engineer (25 minutes)
This presentation gave a brief overview on the current status of the
Signal System Upgrade capital project approved by the voters at the last
bond election, and will explain the philosophy behind the timing of the
traffic signal lights and how they work. A model of 50' Street from
Indiana to University was shown to further demonstrate the new timing
changes that will be started on Slide Road from 42"d Street to 82"d Street
as well as this area of 50`h Street over the next 6 months.
No action is required on this item.
(11.) Presentation on the proposed Samuel W. Wahl Recreational Area
Master Plan. Schrickel, Rollins and Associates (25 Minutes)
Deleted from Work Session and moved to Regular Session as Item
No. 46.
10:30 A.M. WORK SESSION RECESSED
10:35 P.M. FLAG CEREMONY
10:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke,
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 Councilmember Hernandez.
Mayor Sitton called the meeting to order at 10:50 A. M.
(12.) Bishop W. H. Watson, Agape Temple Church of God in Christ, gave
the invocation.
(13.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Airport Board
Receiving: John Brown
Appointments Advisory Board
Receiving: Alan Henry
Building Board of Appeals
Receiving: Craig Wallace
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Citizens Traffic Commission
Receiving: Jim Brunjes
Electric Utility Board
Receiving: Rice Horkey (unable to attend)
John Owens (unable to attend)
Connie Wharton
Libraries Board
Receiving: Lois Brunjes
Market Lubbock, Inc.
Receiving: David Schmidly (unable to attend)
Permit and License Appeal Board
Receiving: Kenneth Sylvester (unable to attend)
CITIZENS APPEARANCES
Next item to be considered was Item #15.
11:15 A.M. Councilmember Cooke left the dais.
11:17 A.M. Mayor Sitton left the dais.
(14.) Murray Hensley, President of Civic Lubbock, Inc., appeared to
present the 2001-2002 Civic Lubbock, Inc. Budget.
The agreement between the City of Lubbock and Civic Lubbock, Inc.
provides that Civic Lubbock, Inc. prepare and present to the City
Council a budget for the upcoming year. This budget is not presented
for City Council approval per se, but rather for information and
comment.
Per written agreement, Civic Lubbock, Inc. pays a commission to the
City on their gross concession sales. The percentages are as follows:
5 % on food and soft drink sales, 20% on alcoholic beverage sales and
30 % on beer sales from ice hockey games.
Key components of the 2001-2002 Budget are as follows:
Estimated commissions are $210,790. The commission paid
reflects a 5% commission on food and soft drink sales, 20%
commission on alcohol sales and 30 % commission on beer sales
from hockey events.
Net profits from the concession operation are anticipated to be
$230,143.
Civic Lubbock, Inc. continues to co-sponsor the Broadway
Series, which is going into its sixth season. The Series continues
to provide quality Broadway touring productions and will have 20
performances for 2001-2002. The shows being presented this
year include 4 performances of Buddy: The Buddy Holly
Story", 4 performances of "The Odd Couple" with Barbara Eden,
4 performances of "My Fair Lady" and 8 performances of "Les
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Miserables." This budget reflects a profit from the Broadway
series of $20,000.
• Net profits for FY 2001-2002 that will go towards Civic
Lubbock, Inc.'s chartered purpose and fulfill their long-term
financial commitments are estimated to be $141,743 .
• Civic Lubbock, Inc. has allocated $10,880 to be used to
underwrite nine various local events that will be held in the Civic
Center or Auditorium -Coliseum. Some of the events include
Symphony in the Schools, Lubbock Ballet "Nutcracker", the Viva
Aztlan Celebration, and the Asperger Syndrome Support seminar.
In addition, $9,120 was budgeted to underwrite other events that
may request funding during the year.
• In 2000-2001, Civic Lubbock, Inc. developed the "Good Kids"
program with the area schools and other groups whereby Civic
Lubbock, Inc. provided tickets to the hockey games for good
students. The schools used these tickets for reward programs.
Civic Lubbock, Inc. will be continuing this program for the 2000-
2001 hockey season. The cost of this program will be $50,400.
Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits
to the community through the promotion or co -promotion of educational,
cultural, and entertainment programs in the Civic Center, Auditorium -
Coliseum and Civic Center District. They have also made significant
investments in public art. In addition, Civic Lubbock, Inc. contributes
to reducing the cost of operations of the Civic Center and Auditorium -
Coliseum through the commissions paid to the City.
The 2001-2002 Budget for Civic Lubbock, Inc. was presented to City
Council for their information and comment.
(15.) Presentation of a special recognition to the Lubbock Hispanic
Chamber of Commerce to recognize their honor of being named the
"Small Chamber of the Year" by the Texas Association of Mexican -
American Chambers of Commerce, as well as the Region III Small
Chamber of the Year by the United States Hispanic Chambers of
Commerce.
The Lubbock Hispanic Chamber of Commerce has the distinct honor of
being named the "Small Chamber of the Year" for 2001. The Texas
Association of Mexican -American Chambers of Commerce has chosen
Lubbock out of all Texas cities as having the best small chamber.
Mayor Sitton made presentation of a special recognition to the Lubbock
Hispanic Chamber of Commerce in honor of their award of "Small
Chamber of the Year." Esther Sepeda, President of the Lubbock
Hispanic Chamber of Commerce, accepted the special recognition. Ms.
Sepeda introduced Chairman of the Board David Martinez who
mentioned that they were to go to Atlanta next week for the United
States honors. Due to the recent tragedies, they might not attend. Ms.
Sepeda also acknowledged Gilbert Flores who was the first elected
President of COMA or the Lubbock Hispanic Chamber of Commerce.
(16.) Presentation of a special recognition to Edna Burnam in honor of her
award of honorable mention in the Texas search for 2001
Outstanding Older Worker sponsored by the Green Thumb Senior
Community Program.
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Recently, Lubbock resident Edna Burnam received honorable mention in
Texas' search for 2001's Outstanding Older Worker. As records clerk
for MHMR's Children and Adolescent Rehabilitation Unit, Mrs. Burnam
is responsible for developing the records system and following numerous
protocols and procedures. Mrs. Burnam is 79 years of age and Green
Thumb salutes Mrs. Burnam as a shining example of America's senior
work force, which is changing the stereotypes about aging, and she
serves as a positive role model for our younger generation. She
exemplifies the fact that ability is ageless.
Presentation of a special recognition was made to Edna Burnam in honor
of her Green Thumb Outstanding Senior Worker honorable mention
award. Also, attending were Lee Andrews with MHMR and Windy
Brown with Green Thumb who presented Ms. Burnam with a certificate
for 2001 Outstanding Older Worker from Green Thumb.
(17.) Presentation of a special recognition to the Lubbock Women's Club
proclaiming September 13, 2001 as Lubbock Women's Club Day.
The Lubbock Women's Club has been involved in a major renovation
since May 15, 2001. The grand re -opening of the club will be this
evening at a renovation preview party.
The Lubbock Women's Club was formed out of a community conference
on November 17, 1944, subsequently searching for and finding a
building to act as a clubhouse for women's groups in Lubbock. On
August 10, 1949, the building was purchased and Lubbock had their
dream of a clubhouse. Throughout the years, Lubbock women have
diligently worked to maintain and preserve the historic structure, and the
recent renovation is complete.
Presentation of a special recognition was made to the Lubbock Women's
Club President Bobbye Crawford in honor of Lubbock Women's Club
Day. Others attending were Brenda Becknell, Carolyn Matthews and
Gail House.
(18.) Presentation of a special recognition to Mayor Pro Tem Alex "Ty"
Cooke as the recipient of the Texas Public Power Association
Distinguished Service Award.
Mayor Pro Tem Alex "Ty" Cooke was recognized as the recipient of the
Texas Public Power Association Distinguished Service Award. Mr.
Cooke is being honored for an unprecedented second time by TPPA for
his service to the electric industry in Texas as Director and former
President of the TPPA and as the Chair and President of the West Texas
Municipal Power Agency. In addition, Mr. Cooke was instrumental in
drafting the Texas electric deregulation bill that was passed into law
during the 1999 State Legislative Session.
A presentation of a special recognition was made to Mayor Pro Tem
Alex "Ty" Cooke recognizing his receipt of the Texas Public Power
Association Distinguished Service Award.
Next item to be considered was Item No. 14.
CONSENT AGENDA (Items No. 19-56)
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to approve Items 20- 36, 38-45 and 47-56 on
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consent agenda as recommended by staff. Motion carried: 4 Yeas, 0
Nays.
(19.) DELETE
(20.) ORDINANCE #2001-00062-Abandoning and closing a portion of an
access, garbage collection and underground utility easement located
in Tract E-5, Sentry Park Addition to the City of Lubbock (5310 66`h
Street) (second and final reading).
ORDINANCE NO. 2001-00062
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN
ACCESS, GARBAGE COLLECTION, AND UNDERGROUND UTILITY
EASEMENT LOCATED IN TRACT E-5, SENTRY PARK ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(21.) ORDINANCE #2001-00063- Amending Chapter 16 of the Code of
Ordinances, Motor Vehicles and Traffic, with regard to speed limits
in work zone areas (second and final reading).
ORDINANCE NO.2001-00063
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
SPEED LIMITS IN WORK ZONE AREAS; PROVIDING AN EFFECTIVE DATE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(22.) ORDINANCE #2001-00064--ZONE CASE NO. 2915 (2115 Avenue
L): Request of Rosalinda Gonzales for a zoning change from R-3 to
AM Specific Use for a restaurant on Lots 4 and 5, Block 1, A.W.
Jackson Addition (second and final reading).
ORDINANCE NO. 2001-00064
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2915; A ZONING CHANGE FROM R-3 TO AM
SPECIFIC USE ZONING FOR A RESTAURANT ON LOTS 4 AND 5, BLOCK 1,
A.W. JACKSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(23.) ORDINANCE #2001-00065-ZONE CASE NO. 1846-B (2715 North
Loop 289): Request of Lubbock County (for Randall Hickle, CEO -
Scott Lab Inc.) for a zoning change from A-2 to AM on an unplatted
6.664 acre tract out of Section 17, Block A (second and final
reading).
ORDINANCE NO. 2001-00065
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1846-13; A ZONING CHANGE FROM A-2 TO AM
SPECIFIC USE ZONING ON AN UNPLATTED 6.664 ACRE TRACT OUT OF
SECTION 17, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS,
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
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(24.) ORDINANCE #2001-00066-ZONE CASE NO. 2916 (northeast
quarter of Section 26, Block AK): Request of the City of Lubbock
for a zoning change from T to IHC, IHI and C-3 on Lots 1-71, West
82nd Street Commercial Park, Lots 1-39, Westview Commercial
Area, IA-5A, Westview Commercial Area No. 2, Lots 1A-41 S&P
West 82nd Business Park, unplatted 16.98 acre and 17 acre tracts of
land out of Section 26, Block AK (second and final reading).
ORDINANCE NO. 2001-00066
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2916; A ZONING CHANGE FROM
T TO IHC, IHI AND C-3 ZONING ON LOTS 1-71, WEST 82ND STREET
COMMERCIAL PARK, LOTS 1-39, WESTVIEW COMMERCIAL AREA, 1A-5A,
WESTVIEW COMMERCIAL AREA NO. 2, LOTS 1A-41, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(25.) ORDINANCE #2001-00067-ZONE CASE NO. 2917 (3606, 3610,
3612, 3616 23rd Street): Request of Tommy J. Swann (for Kirk &
Reynolds, LLP) for a zoning change from R-1 to AM for medical
offices on Lots 12-14 and 16, Block 1, Eubanks -Fort Addition
(second and final reading).
ORDINANCE NO. 2001-00067
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2917; A ZONING CHANGE FROM R-1 TO AM
ZONING ON LOTS 12-14 AND 16, BLOCK 1, EUBANKS-FORT ADDIITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS —
CLAUSE AND PROVIDING FOR PUBLICATION.
(26.) ORDINANCE #2001-00068-ZONE CASE NO. 2918 (east of Upland
Avenue and south of the half section line): Request of Patrick
Conner (for Director's Choice, Inc.) for a zoning change from T to
R-1 Specific Use (residential estates) and GO on an unplatted 40-acre
tract out of the southwest quarter of Section 22, Block AK (second
and final reading).
ORDINANCE NO. 2001-00068
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2918; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE (RESIDENTIAL ESTATES) AND GO ZONING ON AN
UNPLATTED 40-ACRE TRACT OUT OF THE SOUTHWEST QUARTER OF
SECTION 22, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(27.) ORDINANCE #2001-00069-ZONE CASE NO. 2831-A (north of
108" Street and west of Akron Avenue): Request of Burl W. Masters
(for Sunrise Development & Construction, LTD) for a zoning change
from R-1 to R-1 Specific Use for garden homes with a 5-foot front
setback on cul-de-sacs, on an unplatted 13.62 acre tract out of
Section 20, Block E2 (second and final reading).
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ORDINANCE NO. 2001-00069
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2831-A; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON AN UNPLATTED 13.62
ACRE TRACT OUT OF SECTION 20, BLOCK E2, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(28.) ORDINANCE #2001-00070-ZONE CASE NO. 2920 (south of 191`
Street and west of Elmwood Avenue): Request of Roy Middleton (for
Todd and David Forbes) for a zoning change from C-3 to C4
Specific Use for mini -warehouses on a 2.17 acre portion of land out
of Tract U-2-A-1, Greenlawn Addition (second and final reading).
ORDINANCE NO. 2001-00070
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2920; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON A 2.17 ACRE PORTION
OF LAND OUT OF TRACT U-2-A, GREENLAWN ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(29.) ORDINANCE #2001-00071-ZONE CASE NO. 2689-A (south of 19"
Street and east of Quitsna Avenue): Request of Shawn Fuller (for
Yolanda and Jack Scheffel) for a zoning change from C-4 and R-1 to
C-4 on an unplatted 805.9 foot by 140 foot tract of land out of
Section 6, Block D-6 (second and final reading).
ORDINANCE NO. 2001-00071
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2689-A; A ZONING CHANGE FROM C-4 AND R-1
TO C-4 ZONING ON AN UNPLATTED 805.9 FOOT BY 140 FOOT TRACT OF
LAND OUT OF SECTION 6, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(30.) ORDINANCE #2001-00072-ZONE CASE NO. 2828-C (south of
103rd Street and east of Vicksburg Avenue): Request of Hugo Reed &
Associates, Inc. (for Lubbock Land Co.) for a zoning change from
R-1 Specific Use to R-1 Specific Use for garden homes and to allow a
reduced front and side setback on specified lots (second and final
reading).
ORDINANCE NO. 2001-00072
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2828-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES AND TO ALLOW A
REDUCED FRONT AND SIDE SETBACK ON SPECIFIED LOTS ON AN
UNPLATTED 18.95 ACRE TRACT OF LAND LOCATED IN THE NORTHWEST
ONE -QUARTER OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
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(31.) ORDINANCE #2001-00073-ZONE CASE NO. 2458-C (3601 North
Loop 289): Request of Graugnard Place, LTD for a zoning change
from R-1 to R-1 Specific Use for townhomes on an unplatted 20.75
acre tract out of Section 18, Block A (second and final reading).
ORDINANCE NO. 2001-00073
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2458-C; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR TOWNHOMES ON AN UNPLATTED 20.75 ACRE
TRACT OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(32.) ORDINANCE #2001-00074-ZONE CASE NO. 2017-B (4902 3Xh
Street, Suite 30): Request of Mary Rosales (for Cecil's Place) for a
zoning change from C-3 to C-4 limited to a gameroom, pool, billiard
and/or domino parlor, and all unconditionally permitted C-3 uses on
a 60.3 foot by 35.0 foot portion out of Tract A of Lot H, Bender
Terrace Addition (second and final reading).
ORDINANCE NO. 2001-00074
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2017-13; A ZONING CHANGE FROM C-3 TO C-4
ZONING LIMITED TO A GAMEROOM, POOL, BILLIARD AND/OR DOMINO
PARLOR, AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON A 60.3
FOOT BY 35.0 FOOT PORTION OUT OF TRACT A OF LOT H, BENDER
TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT
TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(33.) ORDINANCE #2001-00075-Approving and adopting a budget for
Fiscal Year 2001-2002 for the City of Lubbock (second and final
reading).
ORDINANCE NO. 2001-00075
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR
FISCAL YEAR 2001-02 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED;
APPROPRIATING FUNDS FOR THE 2001-02 FISCAL YEAR BUDGET OF THE
CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND
POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE.
(34.) ORDINANCE #2001-00076-Setting the tax rate and levying a tax
upon all property subject to taxation within the City of Lubbock,
Texas for the year 2001 (second and final reading).
ORDINANCE NO. 2001-00076
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON
ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK,
TEXAS, FOR THE YEAR 2001; APPORTIONING SAID LEVY AMONG THE
VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED;
FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING
PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE
TIME PROVIDED.
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(35.) ORDINANCE #2001-00077-Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, Texas with regards to rates
charged for sewer services (second and final reading).
ORDINANCE NO. 2001-00077
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING
SECTION 28-86, SUBSECTIONS 28-86(a) AND 28-86(b) OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK BY REVISING SEWER RATES AS
CONTAINED THEREIN; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(36.) ORDINANCE #2001-00078-Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, Texas with regards to rates
charged for water service (second and final reading).
ORDINANCE NO. 2001-00078
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING
SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(37.) Consider a resolution authorizing the Mayor to make changes to the
City of Lubbock FY 2000-01 Operating Budget.
This item was deleted.
(38.) Resolution No. 2001-RO341 authorizing the Mayor to execute a
quitclaim deed in favor of Patsy Day (3402 441' Street).
RESOLUTION NO. 2001-RO341
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 Quitclaim
Deed in favor of Patsy Day. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 13th day of September, 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
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APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0341.
This resolution authorizes the Mayor to convey a 32.12 foot wide by
132.50 foot long strip of excess Indiana Avenue right-of-way to the
adjacent property owner, Patsy Day. The City is selling this 32.12 front
foot wide strip of Indiana Avenue right-of-way to Mrs. Day for $5 per
front foot or $160.60 total.
The Right -of -Way Department recommended the approval of this
quitclaim deed to Mrs. Day.
(39.) Resolution No. 2001-RO342 authorizing the Right -of -Way
Department to make an offer to Marian Reese Tidwell and Vivian
Reese Roesch for Lots 1, 2 and 11-18, Block 4, West Acres Addition
to the City of Lubbock, for a City Park (1109 East Loyola Street).
RESOLUTION NO. 2001-RO342
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 public park purposes,
and the City Council of said City finds it in the public interest and for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit: NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to following described parcels of land
located in Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
Lots 1,2,11,12,13,14,15,16,17,18, Block 4, Westacres Addition, to the City of
Lubbock, Lubbock County, Texas as shown on the map, plat and/or dedication deed
thereof recorded in Volume 409, Page 53, Deeds Records, Lubbock County, Texas.
SECTION 2. THAT the owners of above -described parcels of land being
Marian Reese Boydstun Tidwell & Vivian Reese Boydstun Roesch BE offered through
the Right -of -Way Department of the City of Lubbock the amount of $6,000.00, which
is the amount appraised as the value and total damages for the fee simple title, including
all legal obligations attached thereto, for the use and benefit of the City of Lubbock,
Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney
of said City of Lubbock is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title to any or all such parcels
as hereinabove described for public purposes and municipal purposes.
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Passed by the City Council this 13th day of September, 2001.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
One of the new parks to be acquired as a result of the last bond election
is in the Skyview Neighborhood. This area is just south of the airport
and is bound on the north by East Marlboro Street, on the east by North
Magnolia Avenue, on the south by East Loyola Street, and on the west
by North King Avenue. This Block 4 of the West Acres Addition
contains 20 lots. Mrs. Tidwell and Mrs. Roesch own 10 of these lots
-- (Lots 1 and 2 and 11-18). These lots are valued on the LCAD tax roll at
$600 per lot and they have agreed to sell for this tax office value for a
total of $6,000 which is our offer to these landowners.
This resolution authorizes condemnation proceedings to acquire these
parcels if our offer is refused.
The Right -of -Way Department recommended the approval of our offer to
Mrs. Tidwell and Mrs. Roesch.
(40.) Resolution No. 2001-RO343 authorizing the Mayor to execute a
contract for sale and quitclaim deed with Weldon L. Wines for 15
parcels of City owned property recently auctioned for sale by the
City (914 82"d Street, 1102 82❑d Street, 1110 82"d Street, 1112 82"d
Street, 1302 82"d Street, 1304 82"d Street, 1306 82"d Street, 1308 82"d
Street, 1314 82"d Street, 1318 82"d Street, 1502 82"d Street, 1504 82"a
Street, 1506 82"d Street, 1508 82" d Street, and 1510 82"d Street) .
RESOLUTION NO. 2001-RO343
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 Sale, by and
between the City of Lubbock and Weldon L. Wines, attached herewith, and any
associated documents, which Contract shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
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Page 132
Passed by the City Council this 13th day of September, 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/ Richard K. Casner
Richard K. Casner, Natural Resources Attorney
A copy of the Contract is filed with Resolution No. 2001-R0343.
These parcels of real estate located along the north side of 82"d Street
between I-27 and Avenue P were recently put up for bid at the City's
auction on August 9. The successful bidder of these properties and one
other (1512 82"1 Street), was Weldon L. Wines. His bid for these
parcels was $5,200 per parcel. This was originally placed on the August
30, 2001 City Council meeting but was pulled because of a survey
problem with 1512 82"d Street. When 82"1 Street was widened, the road
construction and utility relocation utilized more of the parcel at 1512 82"1
Street than the original survey had planned. The original survey
indicated a square footage of 11,205.9 square feet in the parcel and after
the new street area and the area needed for the utilities that were
relocated were taken out, a new parcel size of 9,278.28 square feet was
the result.
This new parcel size will not work for Mr. Wines' overall plan for these
properties and he has agreed for the City to drop this parcel at 1512 82"a
Street from the contract for sale and just purchase the 15 parcels listed
above.
Therefore, this resolution authorizes the Mayor to execute a contract of
sale and a quitclaim deed to Mr. Wines for these 15 parcels for a total of
$78,000.
The Right -of -Way Department recommended the approval of this
contract of sale and quitclaim deed with Weldon L. Wines.
(41.) Resolution No. 2001-RO344 authorizing the Mayor to execute a
contract for engineering services between the City of Lubbock and
Hugo Reed and Associates, Inc. for thoroughfare street
improvements on Frankford Avenue from 82°d Street to 98`h Street.
RESOLUTION NO. 2001-RO344
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
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Page 133
of Lubbock and Hugo Reed and Associates, Inc., a contract to provide engineering
services for the Frankford Avenue Widening Project, 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 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, P.E., City Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0344.
The street improvements on Frankford Avenue from 82n1 Street to 98`h
Street were projects included in the 1999 Bond Election. This one -mile
length of thoroughfare street will provide three lanes of traffic in each
direction with a continuous left turn lane.
With this contract, Hugo Reed will provide the plans, specifications and
estimates for this project. Because of special drainage concerns, more
hydrologic and hydraulic modeling is included in this design contract
than the amount normally anticipated for a thoroughfare design project.
Also included in this contract is preliminary design engineering services,
primarily hydrologic and hydraulic modeling, for Chicago Avenue from
90`h Street to 92nd Street. Some of the residences have been flooded in
this neighborhood in recent years, and this drainage analysis will assist in
determining the best solution in resolving these problems.
The negotiated not to exceed prices for Hugo Reed to perform this
engineering work on Frankford Avenue are $208,785 for basic
engineering services, $61,490 for supplemental services such as
surveying, and $16,474 for reimbursable expenses. A not to exceed
contract amount of $55,584 was negotiated for basic services for
construction design, supplemental services and reimbursable expenses
for Chicago Avenue as an additional service provision of this contract if
authorized by the City to perform this work. The amount of this
engineering contract falls within the limits normally anticipated in
accordance with the Professional Engineering Services Guide prepared
by the Consulting Engineers of Texas and the Texas Society of
Professional Engineers.
The staff recommended approval of this resolution and contract for
engineering services.
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(42.) Resolution No. 2001-RO345 authorizing the Mayor to execute a local
Transportation Project Advance Funding Agreement with the Texas
Department of Transportation (TxDOT) for the widening and
rehabilitation of 501' Street between Loop 289 and Slide Road.
RESOLUTION NO. 2001-RO345
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Local Transportation project
Advance Funding Agreement for Surface Transportation Urban Mobility Rehabilitation
(#CSJ: 0905-06-046) for 50`' Street between Loop 289 and Slide Road between the City
and the Texas Department of Transportation, a copy of which Agreement and any
associated documents is attached hereto, which Agreement shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute
and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, PE, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0345.
This agreement provides federal funding assistance for this thoroughfare
street improvement project. Federal funds will provide for 80 % of the
costs for construction, engineering and project management. The City of
Lubbock will be responsible for 20 % of the construction, engineering
and project management, as well as 100 % of the costs for right-of-way,
and any eligible utility relocation or environmental issues.
The total estimated cost for this project, exclusive of any right-of-way,
utilities, or environmental issues, is $4,538,972.25, with the City's
estimated participation at $840,620.54. The City's estimated costs are
currently funded through the Street Capital Projects budget. Funding for
the City's cost in this project was included in the 1999 Bond Election.
Staff recommended approval of this resolution and agreement for this
501h Street improvement project.
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(43.) Resolution No. 2001-RO346 authorizing the Mayor to execute an
amendment to a contract with the Texas Department of
Transportation (TxDOT) for the purchase of replacement buses.
RESOLUTION NO. 2001-RO346
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to Contract
No. 51105F-6006, between the City of Lubbock and Texas Department of
Transportation (TxDOT), for the purchase of replacement buses. 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 Council.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney/ Office Practice
A copy of the Amendment is filed with Resolution No. 2001-R0346.
TxDOT is amending this contract to include an additional 31,854 toll
credits to the City of Lubbock/Citibus. The additional toll credits will
allow for 100% funding of five 2001 NovaBus RTS's. Acceptance of
this amendment will result in no additional cost to the City of Lubbock.
Citibus recommended the approval of the amendment to the contract.
(44.) Resolution No. 2001-RO347 authorizing the Mayor to execute a
contract with the Texas Department of Transportation (TxDOT) for
operating assistance for Citibus.
RESOLUTION NO. 2001-RO347
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract between the
City of Lubbock and the Texas Department of Transportation (TxDOT), for operating
assistance to Citibus, and all related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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Page 136
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0347.
TxDOT is allocating $500,000 of public transportation funds to the City
of Lubbock for operating assistance to maintain its public transportation
system (Citibus) for Fiscal Year 2001- 2002. The $500,000 is included
in the Citibus budget for FY 2001-2002 that has been previously
reviewed by City Council. The contract is effective from September 1,
2001, or when fully executed by both parties, and shall terminate on
August 31, 2002. Acceptance of the contract will result in no additional
cost to the City of Lubbock.
The City of Lubbock was allocated approximately $1,744,000 for the
biennium. However, due to the uncertainty of federal funding in the
near future, Citibus requested that a larger portion of the award be
allocated in FY 2002- 2003.
Citibus recommended the approval of this contract.
(45.) Resolution No. 2001-RO348 authorizing the Mayor to execute the
construction document phase of the agreement between Wallace,
Roberts and Todd, L.L.C. and the City of Lubbock for the Regis
Street Landscape Corridor Project at Lubbock International
Airport.
RESOLUTION NO. 2001-RO348
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement entitled
"Amendment for Authorization of Professional Services Associated with Phase C-1
Design Development Package Lubbock International Airport Corridor Improvements",
between the City of Lubbock and Wallace Roberts & Todd, LLC. Said agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
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Page 137
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ David Jones
David Jones
LIA Deputy Director -Planning & Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0348.
On August 24, 2000 City Council authorized Wallace, Roberts and Todd
(WRT) to provide preliminary design, engineering and master planning
services for the Regis Corridor Landscaping Project. With the
information gathered through that process, Keep Lubbock Beautiful, Inc.
(KLB) was able to launch a campaign to raise funds for the project.
With funding now in place, KLB and the Airport Board have established
a goal to initiate construction on the Regis Corridor Landscaping Project
prior to the Vatican 2002 exhibit next Spring.
This agenda item will authorize the preparation of the construction
documents for Phase I of the Regis Corridor Master Plan. The original
agreement with WRT specified that a fee for the preparation of
construction documents would be negotiated once the City reviewed the
master plan and agreed on scope of work for Phase I. The City and
WRT have now agreed on a scope -of -work with a recommended budget
for A&E services in a not -to exceed amount of $132,530. The design
budget is approximately 6.6 percent of the estimated construction budget
of $2 million.
Funding for the construction phase documents will come from a capital
project previously approved by the City Council.
The Airport Board has reviewed the proposal and recommended
approval. Staff also recommended approval.
Next item to be considered was Item No. 47.
(46.) Resolution No. 2001-R0360 authorizing the Mayor to adopt a Master
Plan document for the phased development of recreational
improvements for the Lake Alan Henry public access area, the
"Samuel W. Wahl Recreation Area".
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RESOLUTION NO. 2001-RO360
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to adopt and approve for and on behalf of the City of Lubbock a Master Plan
for the phased development of recreational improvements for the Lake Alan Henry
public access area, known as the "Sam Wahl Recreation Area", and any other related
documents. Said Master Plan 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 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director Water Utilities
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Master Plan is filed with Resolution No. 2001-R0360.
The public access area, "Samuel W. Wahl Recreational Area", located at
Lake Alan Henry in Garza County, has been open to the public since
1991. The 580 acres contained in the public access area were intended
to provide the public with water -based recreational access to Lake Alan
Henry.
Initial improvements included the construction of a main paved access
road, large paved parking lot, a 5-lane concrete boat ramp and the
installation of a boat dock and covered fishing pier.
Public utilization and interest continued to increase and the need for a
comprehensive Master Plan for future improvements was realized. The
Plan is needed not only as a tool to plan future improvements, but is also
needed as a grant application document required by the Texas Parks and
Wildlife Department. The Plan will function also as part of the City of
Lubbock's Comprehensive Plan for the improvement of all of the City's
recreational lands.
The Master Plan included an initial public opinion poll (telephone
survey) of randomly selected Lubbock residents to determine the ranking
of proposed improvements. Some of the suggested improvements
identified by the public included camp sites with water and electrical
service, restrooms, additional fishing piers, hiking trails, and an
additional boat ramp facility. Initial improvements in FY 2001-02 will
focus on the development of needed infrastructure such as a water supply
and septic system and a restroom facility.
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The Plan also evaluated the feasibility of leasing acreage for private
residential housing constructed on the Recreation Area. This idea was
not recommended because the rough topography of the Recreation Area
land is not suitable for home building. Also, the construction of private
housing would remove land that could be used to enhance recreational
opportunities for all users of the Recreation Area.
Because the Master Plan is a lengthy document, it has not been included
as agenda backup; however, it is available in the City Manager's office
for review.
Terri Ellerbrook introduced Victor Baxter with Schrickel, Rollins and
Associates who made the presentation on the Recreation Area.
Staff recommended that the City Council adopt the "Samuel W. Wahl
Recreational Area Master Plan. "
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to approve Resolution No. 2001-R0360. Motion
carried: 5 Yeas, 0 Nays.
Next item to be considered was Item No. 57.
(47.) Resolution No. 2001-RO349 authorizing the Parks and Recreation
Department to apply for a grant of up to $7,500 from the Texas
Parks and Wildlife, Community Outdoor Outreach Program for
KIDFISH event to be held in June 2002.
This item was considered following Item No. 45.
RESOLUTION NO. 2001-RO349
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 Grant Application to the
Texas Parks and Wildlife, Community Outdoor Outreach Program for KIDFISH, and
all related documents.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Parks and Recreation Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney
The Texas Legislature has allocated funds for the Texas Parks and
Wildlife Department's Community Outdoor Outreach Program, which
provides grants to local governments and non-profit, non -political
organizations. Grant sponsors use funds to introduce under -served
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persons to programs and initiatives related to the mission of Texas Parks
and Wildlife. Application submission deadline is October 1, 2001.
KIDFISH is a non-profit outreach program of Texas Parks and Wildlife,
which is designed to educate and provide hands-on fishing experiences to
children of all ages and promote outdoor recreation, conservation and
stewardship of our resources. The City of Lubbock Parks and
Recreation Department's objective of hosting KIDFISH is to make
available the opportunity for youth to be involved in a program that
incorporates outdoor recreation, education, and environmental —
awareness.
The Parks and Recreation Department intends to provide this program in
cooperation with private business, the public sector, local organizations
and educational entities. The event will be family oriented and
structured for youth ages sixteen and under and will include the minority
population, females, the economically disadvantaged, at -risk youth, the
disabled and general populations.
This grant application responds to a City Council goal of expanding
grant revenue opportunities. The General Fund of the City of Lubbock
will not be affected, as this is a reimbursement program. Approved
projects will be reimbursed as monies are spent with no matching funds
required. Texas Parks and Wildlife will review competitive grant
applications from across the state for eligibility, local and regional needs,
and under -served population impacts. Applicants will be notified
regarding the status of funding when awards are announced in mid -
December.
Staff recommended that Council pass the resolution authorizing the Parks
and Recreation Department to apply for a grant of up to $7,500 from the
Texas Parks and Wildlife, Community Outdoor Outreach Program for
KIDFISH event to be held in June 2002.
(48.) Resolution No. 2001-RO350 authorizing the Mayor to amend the
professional services contract with Carter and Burgess, Inc. for
$105,000 for provision of additional professional landscape
architectural, architectural and engineering services for the new
Mackenzie Park Outdoor Theater.
RESOLUTION NO. 2001-R0350
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 Carter & Burgess, Inc., an amendment to the Mackenzie Park Outdoor
Amphitheater Contract, dated March 9, 2000, and related documents. Said amendment is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 141
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
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-R0350.
In March 2000, the design team of Carter & Burgess, Inc. and Parkhill,
Smith and Cooper was commissioned by the City of Lubbock to design a
new $1.5 million Outdoor Theater. The facility was planned for
construction near an abandoned wading pool west of the streambed in
Mackenzie Park. Funding for this facility in the amount of $1,700,000
was approved in the September 1999 Capital Improvements Bond
Election. The design fee not to exceed $210,000 is equal to 14 percent
of the $1.5 million construction budget.
Originally the scope of the project included utility service, fixed and
grass seating, perimeter fencing, a stage and building, restrooms, a
lighting/sound control booth and landscaping. The control booth would
provide the infrastructure for lighting and sound, but no actual sound or
lighting equipment was part of the original scope. In order for the
multipurpose facility to host events that would play to both sides of the
water, the preliminary concept included neither a stage cover nor a back
wall.
In April through June 2000, stakeholder meetings were held to ensure
that the facility would meet the needs of the local cultural groups.
During these meetings, it was determined that a stage cover, a service
drive and a quality lighting system were necessary for the facility to host
symphonic concerts; ballet and other dance performances; LISD, Texas
Tech University and other non-profit theater programs; outdoor film
series; and commercial music events. Local experts, including those
working with Broadway Festivals, Inc., recommended that playing to
both sides of the water was not feasible due to sound quality problems.
The cost of these items increased the value of the construction budget
from $1.5 million to $2.25 million. The increase in the budget will be
funded by interest earnings from unspent bond proceeds as well as by
utilizing in-house labor and Montford Unit trustees for appropriate tasks.
A decision was made to add these items to the scope of service for the
Mackenzie Outdoor Theater to ensure that the facility would specialize in
the cultural performances mentioned above. By doing so, the Mackenzie
Outdoor Theater will not compete with the privately funded West Texas
Canyon Amphitheater that was recently constructed on East 19`h Street.
Once the design team completed the conceptual plans for the facility, the
area of impact was submitted to the Texas Historical Commission for
review as required by law. In August 2000, the first phase of
archaeological testing began. Three months later, it was determined that
additional testing would be required.
To ensure the most economical testing, the design team enlisted Eileen
Johnson, Ph.D., and her students enrolled in archaeology classes at
Texas Tech University to conduct the investigations. After unearthing
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Regular City Council Meeting
September 13, 2001
Page 142
numerous campsites dating as far back as 4,000 years, the work
concluded in the summer of 2001. In mid -August 2001, the Texas
Historical Commission gave clearance for the project to proceed with
construction occurring approximately 150 feet south of the originally
proposed location. This location was chosen due to the relative lack of
artifacts as compared to the original location.
With the clearance to resume design of the theater, compensation for the
addition of $750,000 to the construction budget is necessary. The
additional design fee will not exceed $105,000, bringing the total design
fee to $315,000 for the facility. The fee remains at 14 percent of the
total construction budget. The design details and construction documents
will be completed by November 30, 2001. A construction contract
should be awarded next February, with completion of the facility by
March 2003.
Staff recommended that the Mayor be authorized to execute the
necessary contract documents provided in the resolution.
(49.) Resolution No. 2001-RO351 authorizing the Mayor to execute an
Interlocal Agreement with Lubbock Independent School District and
Lubbock County for support of the Specialized Treatment and
Rehabilitation (STAR) Program.
RESOLUTION NO. 2001-RO351
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
and all related documents by and between the City of Lubbock, Lubbock Independent
School District, and Lubbock County Youth Center for the Specialized Treatment and
Rehabilitation project (STAR) with regard to juvenile offenders who have committed
detainable offenses, which agreement is attached hereto 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 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Quincy White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0351.
In 1994-1995, the City Council entered into an agreement with Lubbock
Independent School District (LISD) and Lubbock County to jointly fund
the Specialized Treatment and Rehabilitation (STAR) project. The
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September 13, 2001
Page 143
Current agreement expires on September 30, 2001. The City, LISD and
the County each will contribute $94,000.
During this funding cycle new performance standards were incorporated
by the City of Lubbock and Lubbock County STAR representatives to
more accurately assess the effectiveness of the program. Quarterly
performance statistics will be provided to the city staff for evaluation.
Future funding will be determined based on performance against the
measurement standards.
City staff involved with STAR recommended continued funding for the
current fiscal year.
(50.) Resolution No. 2001-RO352 ratifying the City Manager's
appointment of Claude Jones as the Acting Police Chief on July 23,
2001.
RESOLUTION NO. 2001-RO352
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby ratifies and approves the
appointment of Claude Jones as acting Police Chief of the City of Lubbock on July 23,
2001, by City Manager Bob Cass. This appointment shall be effective until such time as
the present police chief is returned to duty or a new police chief is appointed.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
Staff recommended approval of this resolution.
(50A.) Resolution No. 2001-RO353 authorizing the Mayor to sign a Notice of
Intent to Establish a Tax Increment Financing Reinvestment Zone
for the Central Business District, Pursuant to the Tax Increment
Financing Act, Texas Tax Code Chapter 311.
RESOLUTION NO. 2001-RO353
WHEREAS, the City of Lubbock intends to establish a Tax Increment Financing
Reinvestment Zone for the City of Lubbock pursuant to the Tax Increment Financing
Act ( "Act") for the purpose of encouraging development and redevelopment; and
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September 13, 2001
Page 144
WHEREAS, the boundaries of the Tax Increment Financing Reinvestment Zone
for the Central Business District, are described in the attachment designated as Exhibit
"A" and shown on the map attached hereto as Exhibit "B", said area for Central
Business District TIF being within the City Limits of the City of Lubbock; and
WHEREAS, Section 311.003 of the Act provides that not less than the 60' day
before the date of the Public Hearing, the governing body of the municipality must
notify in writing the governing body of each taxing unit that levies real property taxes
in the proposed Zone that the municipality intends to establish a Tax Increment
Financing Reinvestment Zone; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the Mayor of the City of Lubbock is hereby authorized to
sign a Notice of Intent to Establish a Tax Increment Financing Reinvestment Zone for
the Central Business District of the City of Lubbock; and
SECTION 2: THAT the Notice shall be sent to all taxing entities and shall
include all descriptions and other documents as required by State law; and
SECTION 3: THAT this resolution shall be effective immediately upon its
passage.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director of Planning
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney, Office Practice
A copy of Exhibits "A" and "B" is filed with Resolution No. 2001-R0353.
Craig Farmer, Managing Director of Planning, will review plans for a
Tax Increment Finance District for the Lubbock Central Business
District during the work session. A study is in progress, and Mr. Farmer
will brief the Council on the TIF concept and the study progress to date.
This item is included on the consent agenda authorizing the Mayor to
sign a notice of intent to form a TIF. The statute requires that notice
must be sent to the other taxing units sixty days prior to a public hearing
if the Council is interested in pursuing the proposed TIF.
Staff recommended approval of this resolution.
(51.) Resolution No. 2001-R0354/BID #187-01/RS-for Police Department
Renovations Phase III -A (Facilities Management).
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September 13, 2001
Page 145
RESOLUTION NO. 2001-R0354
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 police
department renovations Phase III -A, ITB #187-01/RS, by and between the City of
Lubbock and Hunter Construction 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 13th day of September, 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/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0354.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of September, 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 Hunter Construction Company, of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of th
hereinafter mentioned, to be made and performed by
conditions expressed in the bond bearing even d
CONTRACTOR hereby agrees with OWNER to co
construction of certain improvements described as follows:
e payments and agreements
the OWNER
ate herewith
mmence and
and under the
(if any) the
complete the
BID #187-01/RS - City of Lubbock Police Deepartment Renovations Phase III -A -
$297, 877.00
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.
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September 13, 2001
Page 146
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 iri 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/ George Lisenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Joanne Thomasson
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Hunter Construction Company
By: /s/ Jim D. Hunter
PRINTED NAME: Jim D. Hunter
TITLE: President
COMPLETE ADDRESS:
Hunter Construction Company
P. O. Box 2587
Lubbock, Texas 79408
This project involves the renovation of the old Parks and Recreation
Department area on the 2"d floor of the Municipal Square Building. The
Police Administration Department will relocate to the renovated area.
The low bid is $297,877 from Hunter Construction Company of
Lubbock, Texas and is within the Building Capital Outlay -Municipal
Square Renovations budget.
(52.) Resolution No. 2001-R0355/BID #193-01/RS-for Construction of
Remediation Monitor/Sampling Water Wells (Water Utilities/Land
Application).
RESOLUTION NO. 2001-R0355
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 construction
of remediation monitor/sampling water wells, per ITB #193-01/RS, by and between the
City of Lubbock and Acosta Drilling of Lamesa, 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.
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September 13, 2001
Page 147
Passed by the City Council this 13th day of September, 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/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0355.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 30th day of August, 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 Acosta Drilling, of the City of Lamesa, County of Dawson, 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 #193-01/RS - Construction of Remediation Monitor/Sampling Water Well -
$33,575.00
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.
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Page 148
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Carrie Dorrance
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Acosta Drilling
By: /s/ Victor M. Acosta, Jr.
PRINTED NAME: Victor M. Acosta, Jr.
TITLE: Owner
COMPLETE ADDRESS:
Acosta Drilling
P. LO. Box 1181
Lubbock, Texas 79401
This bid is for the construction of ten remediation monitoring wells
adjacent to and in the area of the Lubbock Land Application Site. The
installation is necessary in order to comply with Texas Natural Resource
Conservation Commission requirements.
The low bid is $33,575 from Acosta Drilling of Lamesa, Texas and is
within the Land Application -Other Equipment budget.
(53.) Resolution No. 2001-R0356/BID #198-01/RS-for Municipal Coliseum
Steam System Modifications (Civic Center)
RESOLUTION NO. 2001-R0356
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 municipal
coliseum steam system modifications, per ITB #198-01/RS, by and between the City of
Lubbock and Ski -Hi Enterprises, Ltd. of Lubbock, Texas, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
September 13, 2001
Page 149
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Contact is filed with Resolution No. 2001-R0356.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of September, 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 SkiHi Enterprises, Ltd., of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #198-01/RS - City of Lubbock Municipal Coliseum Steam System Modifications -
$118.700.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
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September 13, 2001
Page 150
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Terry A. Parham
CONTRACTOR:
SkiHi Enterprises, Ltd.
By: /s/ Bruce A. Smith
PRINTED NAME: Bruce A. Smith
TITLE: Vice President
COMPLETE ADDRESS:
SkiHi Enterprises, Ltd.
311 Paris Avenue
Lubbock, Texas 79401
This project involves the installation of steam piping from the Municipal
Coliseum utility tunnel to the basement of the Auditorium/Coliseum
facility. The piping will allow for the heating of this facility via steam
produced by the LP&L Brandon Station and made available to Texas
Tech University. The City of Lubbock and Texas Tech University
currently have an interlocal agreement in place that specifies the cost to
transport the steam to the Auditorium/Coliseum for the amount of $1,000
per year. The project has made provisions to meter both the steam
consumed and the condensate water returned back to the university's
physical plant for record keeping purposes. The building has two
certified boilers as an emergency back up in the event the university is
unable to provide the required steam for heating purposes.
The low bid is $118,700 from Ski -Hi Enterprises, Ltd. of Lubbock,
Texas and is within the Building Capital Outlay -Auditorium Chiller
budget.
(54.) Resolution No. 2001-R0357/BID #199-01/RS-for Municipal Coliseum
Storage Facility (Facilities Management)
RESOLUTION NO. 2001-RO357
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for municipal
coliseum storage facility, per ITB #199-01/RS, by and between the City of Lubbock
and Saunders Construction, Inc. of Lubbock, Texas, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 151
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0357.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of September, 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 Saunders Construction, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #199-01/RS - City of Lubbock Municipal Coliseum Storage Facility - $41,025.00
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
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
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September 13, 2001
Page 152
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Owner's Representative
APPROVED AS TO FORM:
CONTRACTOR:
Saunders Construction, Inc.
By: /s/ Kay Saunders
/s/ William de Haas
City Attorney PRINTED NAME: Kay Saunders
TITLE: Vice President
ATTEST:
Corporate Secretary COMPLETE ADDRESS:
Saunders Construction, Inc.
/s/ Kay Saunders 4405 Clovis Road
Lubbock, Texas 79401
This project involves the installation of steam piping from the Municipal
Coliseum utility tunnel to the basement of the Auditorium/Coliseum
facility. The piping will allow for the heating of this facility via steam
produced by the LP&L Brandon Station and made available to Texas
Tech University. The City of Lubbock and Texas Tech University
currently have an interlocal agreement in place that specifies the cost to
transport the steam to the Auditorium/Coliseum for the amount of $1,000
per year. The project has made provisions to meter both the steam
consumed and the condensate water returned back to the university's
physical plant for record keeping purposes. The building has two
certified boilers as an emergency back up in the event the university is
unable to provide the required steam for heating purposes.
The low bid is $118,700 from Hi Enterprises, Ltd. of Lubbock, Texas
and is within the Building Capital Outlay -Auditorium Chiller budget.
(55.) Resolution No. 2001-R0358/BID #205-01/RS-for Fitness Center
Renovations (Facilities Management)
RESOLUTION NO. 2001-R0358
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 fitness
center renovations, per ITB #205-01/RS, by and between the City of Lubbock and Art
Cuevas Construction 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 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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September 13, 2001
Page 153
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0358.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of September, 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 Art Cuevas Construction, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #205-01/RS - City of Lubbock Fitness Center Renovations - $36,155.77
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
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
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Regular City Council Meeting
September 13, 2001
Page 154
APPROVED AS TO CONTENT:
/s/ George Lisenbe
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Zelda Cuevas
CONTRACTOR:
Art Cuevas Construction, Inc.
By: /s/ Zelda Cuevas
PRINTED NAME: Zelda Cuevas
TITLE: Vice President
COMPLETE ADDRESS:
Art Cuevas Construction
7406 83`d Street
Lubbock, Texas 79424
This bid is for renovations of the shower facility at the Fitness Center.
The restroom areas will be renovated in order to comply with the
Americans with Disabilities Act. This project also involves renovating
the Fitness Center entrance and other minor renovations to the interior of
the work out areas.
The low bid is $36,155.77 from Art Cuevas Construction Company, Inc.
of Lubbock, Texas and is within the Building Capital Outlay -Animal
Shelter Renovations budget.
(56.) Resolution No. 2001-R0359/BID #207-01/RS-for Elevator/Escalator
Maintenance Services (Facilities Management)
RESOLUTION NO. 2001-RO359
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 maintenance agreement
for elevator/escalator maintenance services, by and between the City of Lubbock and
Kone, Inc. of Irving, Texas, and related documents. Said agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council this 13th day of September, 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
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Regular City Council Meeting
September 13, 2001
Page 155
APPROVED AS TO FORM:
/s/ Linda L. Chamales (for William de Haas)
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0359.
This bid is for annual maintenance service for the City of Lubbock's
elevators and escalators located at the Municipal Building, LP&L Cooke
Station, Water Treatment Plant, Lubbock International Airport, Civic
Center, Mahon Library, Municipal Square, Water Reclamation Plant and
the Lubbock Business Center. The pricing for this service is for a five-
year period. The terms of the agreement include one-year firm pricing
with the option to renew annually up to four additional years. Funding
will be provided by individual department's operating budget.
The low bid is $196,005 from Kone Inc. of Irving, Texas, and is within
the operating budgets for the various departments.
Staff recommended award of each bid to the bidder as indicated on the
tab sheets and award of each contract as shown on the resolutions and
that the Mayor be authorized to execute all documents necessary for each
transaction.
Councilmember Cooke returned to the dais.
REGULAR AGENDA
Next item to be considered was Item No. 46.
ADMINISTRATIVE SERVICES
FINANCE
(57.) Resolution No. 2001-RO361 authorizing the Mayor to enter into an
agreement with BankAmerica (BA) for merchant card services.
RESOLUTION NO. 2001-RO361
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement between
the City of Lubbock and BankAmerica, for merchant card service, and all related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Andy Burcham
Andy Burcham, Cash and Debt Manager
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Regular City Council Meeting
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Page 156
APPROVED AS TO FORM:
/s/ William de Haas
A copy of the Agreement is filed with Resolution No. 2001-R0361.
The City offers citizens the ability to use credit cards William de Haas,
Contract Manager/Attorney for the payment of certain services and fees.
The City will continue to expand this service to other departments
throughout the City and over the Internet. The City received proposals
from J.P. MorganChase, BankAmerica (BA) and Wells Fargo. After
reviewing the proposals, BA has been recommended as the provider of
Merchant Card Services to the City.
The City currently contracts with BA and Transfirst (agent of American
State Bank) for credit card merchant services. BA provides credit card
services for over 95 % of the City's credit card transactions. By
transferring the remainder of credit card transaction activity from
Transfirst to BA, the City will achieve significant savings in addition to
operational efficiencies. Credit card transactions currently average over
$200,000 per month and are expected to increase as other departments
and services are added. BA has offered the City these services for less
than half of what Transfirst charges.
For example, the average credit card payment to the City is $78. The
processing fees for this average payment will cost the City $4.11 with
Transfirst. BankAmerica will provide this same service for a processing
fee of only $1.69.
BA will also provide services enable the City's website to securely
accept credit card payments. The City currently pays a third parry
provider $495 per month for this service. BA will provide this same
service to the City for only $100 per month.
Staff recommended the approval of the agreement with BA as it provides
significant savings and increased efficiency of credit card processing.
Beverly Hodges, Director of Finance, represented the staff.
Motion was made by Councilman Patterson, seconded by McDougal to
approve Resolution 2001-R0361. Motion carried: 6 Yeas, 0 Nays.
Mayor Sitton returned to the dais.
MISCELLANEOUS
(58.) Resolution No. 2001-RO362 considering an interlocal agreement for
traffic control assistance between the City of Lubbock and Texas
Tech University.
RESOLUTION NO. 2001-RO362
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Traffic Control
Assistance Agreement between City and Texas Tech University, a copy of which
Agreement is attached hereto, and any associated documents, which Agreement shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
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Regular City Council Meeting
September 13, 2001
Page 157
Passed by the City Council this 13th day of September, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0362.
The City of Lubbock has provided traffic control for all special events
within the city limits for the past several years. Each year new programs
develop that require additional assistance for traffic control. Because the
increase in special events has continued to grow the overtime budget in
the Lubbock Police Department, staff began looking at options to recover
costs for special assistance for traffic control. Staff visited with all
special event groups that used this service and advised them that we
would not provide this service or ask them to pay a portion or all of the
costs associated with traffic control. However, those events that utilize
Select -a -Seat on the University Campus are given an option of adding
$.25 to $.50 to their ticket surcharge price in order to pay for traffic
control.
The contract between Texas Tech University and the City of Lubbock
addresses traffic control for various venues on the Texas Tech University
campus. The number and location of officers to provide traffic control
shall be mutually agreed upon by the Police Chief, or designee, of each
party. This service will ensure proper flow of ingress and egress as it
relates to pedestrian and vehicular traffic.
Due to the University's budget constraints in FY 2001-02, staff is
recommending that the University reimburse the City for 60 % of the
actual cost of such services during the FY 2001-2002 (October 1, 2001,
through September 30, 2002). Furthermore, the University will pay
100% of the cost of such services during FY 2002-2003 (October 1,
2002, through September 30, 2003). Such payments will be made on a
quarterly basis. In addition, during FY 2002-3, the remaining 40% of the
FY2001-2002 costs will be paid by the University. The additional
payment will be added to the payments made by the University during
FY 2002-3. This interlocal agreement is only for the FY 2001-02 and
FY 2002-03 fiscal years.
Tommy Gonzales represented the staff. Staff recommended Council
approve this agreement in order to provide appropriate staffing for traffic
control of special events on the University Campus.
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Regular City Council Meeting
September 13, 2001
Page 158
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to approve Resolution No. 2001-R0362.
Motion carried 6 Yeas, 0 Nays.
11:40 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION.
1:20 P.M. COUNCIL ADJOURNED.
There being no further business to come before Council, Councilmember
McDougal adjourned the meeting.
Read and approved this oV day of _ , -dmi.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
158