HomeMy WebLinkAboutMinutes - City Council - Regular - 10/25/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 25, 2001
7:30 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 25th
day of October, 2001, in the City Council Chambers, first floor, City Hall, 1625
131h Street, Lubbock, Texas 79401 at 7:30 P.M.
7:32 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13" Street, Lubbock, Texas.
Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor
Hernandez, Councilmember Marc McDougal, Councilmember Frank
Morrison, Councilmember David Nelson and Councilmember T. J.
Patterson.
Absent: Mayor Sitton
CITIZEN COMMENTS
( 1.) Mr. Matityahu Cevin appeared to discuss issues involving the Lubbock
Police Department.
Matityahu (Matthew) Cevin appeared before the City Council regarding
a citation he received from a City of Lubbock Police Officer. Staff
understands that Mr. Cevin did go to the Police Department to discuss
his issue with the Police Department. Staff further understands that Mr.
Cevin wished to visit with the Chief of Police, not the Internal Affairs
Officer, regarding the issue he had with the Officer who issued him a
citation.
As this matter involves the issuing of a citation, which will be handled
by Municipal Court, it is advisable for Council not to address the merits
of the law enforcement action. If the issue involves the demeanor of the
Police Officer or the Police Department's complaint procedures, it is
advisable to direct the City Manager to review matters.
( 2.) Susan Barrick, President of the League of Women Voters, appeared to
discuss proposed development within the City's 300-foot easement of
Lake Alan Henry.
Also appearing to speak on this issue were Nick C. Park, Melanie
Barnes (Research Assistant at Texas Tech University Geology
Department) and Bill Carter. Councilman Nelson told Ms. Barnes that
he would be interested in having an opinion from TNRCC regarding an
easement of 75' or 150' .
(2A.) Giles Dalby, County Judge of Garza County, appeared to speak to the
issue of development at Lake Alan Henry.
This item was deleted.
EXECUTIVE SESSION
Mayor Pro Tem Cooke stated the Council would hold an executive
session in accordance with the V.T.C.A. Government Code, Section 551
to discuss personnel matters (City Manager); to deliberate, vote and take
final action on electric rates of Lubbock Power and Light (Electric
Utilities); to discuss pending or contemplated litigation (Police
Department; Water Utilities); to discuss personnel matters regarding
duties, responsibilities, and/or appointments (Board and Commissions);
Regular City Council Meeting
October 25, 2001
Page 290
and to deliberate the purchase, exchange, lease, or value of real property
(Aviation; Fire Department; Water Utilities).
8:23 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present except Mayor Sitton.
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 4.) 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).
( 5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Police Department; Water Utilities).
( 6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Citizens Traffic Commission
Keep Lubbock Beautiful
Neighborhood Redevelopment Commission
Urban Design/Historic Preservation Commission
Youth Commission -Students
( 7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Aviation; Fire Department; Water Utilities).
10:01 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except Mayor Sitton and
Councilmember Morrison.
( 8.) Presentation on proposed ordinance for burglary and robbery alarm
system users to obtain a permit for their alarm system. Claude
Jones, Interim Chief of Police and Harold Dominguez, Assistant to
the City Manager (20 minutes)
Three issues prompted staff to pursue this ordinance. First, staff wants
to ensure the safety of our officers. From our research, it appears that
as officers respond to numerous false alarms at a single location, they
may become less attentive when responding to these false alarm calls.
This potentially jeopardizes their personal safety. Second, the time that
it takes officers to address false alarms prevents them from responding to
more valid police services. Finally, false alarms are placing an
increased burden on the Police Department's budget. Staff s primary
concern is the safety of our police officers and ensuring that the Police
Department can respond to more valid police services.
Since the Police Department's initial discussion regarding the false alarm
issue, staff has compiled the most recent false alarm numbers. In 2000,
Lubbock Police Officers answered 25,121 alarm calls. Ninety-nine
percent or 24,849 of these alarm calls were false alarms. The average
false alarm call takes an officer 30 minutes to address. The Police
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October 25, 2001
Page 291
Department estimates that it cost $255,621 to answer false alarm calls in
2000.
The Police Department has drafted an ordinance and staff has met with
all the alarm companies that provide alarm service in Lubbock. The
alarm companies were supportive of the ordinance. However, they did
have some concerns with regard to specific sections of the ordinance.
As a result of these discussions, staff made some minor changes to the
original ordinance to address their concerns. The following is a brief
overview of the ordinance:
• The purpose of the ordinance is to encourage the improvement and
reliability of burglary and robbery alarm systems to ensure that
police officers are not diverted from responding to real criminal
activities because of responding to false alarms.
• Any individual or business that has a call -in burglary alarm system
will be required to obtain a permit after the third false alarm. An
individual or business that has a call -in robbery alarm system will be
required to obtain a permit after the first false robbery alarm. A
burglary system is the standard system that is installed in most
homes. A robbery system requires an individual to signal the alarm
system manually.
• Individuals and businesses will be required to apply for a permit
within 180 days of the effective date of the ordinance.
• The Chief of Police may set a non-refundable fee to be charged for
the processing of an application and issuance of an alarm system
permit. Claude Jones, Interim Police Chief, is recommending a $50
permit fee.
• After the Police Department responds to five burglary false alarms
within a twelve-month period, the permit holder will be assessed a
$50 fee for each additional false alarm. After the Police Department
responds to ten false burglary alarms within a twelve-month period,
the Chief may revoke the alarm permit on the grounds that the alarm
system has demonstrated a history of unreliability.
• After the Police Department responds to two false robbery alarms,
the permit holder will be assessed a $100 fee for each additional false
robbery alarm. After five false robbery alarms the Chief may revoke
the alarm permit on the grounds that the alarm system has
demonstrated a history of unreliability or the individuals are not
trained in using the robbery alarm.
• If a Chief of Police approved alarm usage course is available, the
Chief may accept documentation that the permit holder and their staff
has successfully complete training in proper alarm usage in lieu of all
or a portion of the penalty or service fees.
• If an alarm system has chronic problems or produces a number of
false alarms during a weekend or holiday, the Police Department has
the option to count multiple false alarms as one false alarm.
However, the permit holder must furnish written documentation from
the alarm company stating that they are working to correct the
problem.
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October 25, 2001
Page 292
• If there is severe weather that causes numerous false alarms
throughout the city, these false alarms will not be counted toward the
permit holder's false alarms for the permit year. This section was
added to the ordinance after meeting with the alarm companies.
Staff recommended approval of this ordinance.
Councilmember Morrison arrived.
( 9.) Discuss contingency plans for the FY 2001-2002 Budget in light of the
current economic downturn being felt across the nation. Debra B.
Forte', Deputy City Manager (15 minutes)
The presentation included a Level I and Level II plan, as well as
implications on management raises.
10:40 A.M. WORK SESSION RECESSED
10:53 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor
Hernandez, Councilmember Marc McDougal, Councilmember Frank
Morrison, Councilmember David Nelson and Councilmember T. J.
Patterson.
Absent: Mayor Sitton
Mayor Pro Tem Cooke called the meeting to order at 10:53 A.M.
(10.) Mr. Doug Hale, Minister, Vandelia Church of Christ, gave the
invocation.
(11.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Appointments Advisory Board
Receiving: Jan Collier
Youth Commission Students
Receiving: Gabriela Arandia
Sita Bushan
Stephanie Colorado
Trista Hodge (unable to attend)
Lauren Hund
Lora Koenig (unable to attend)
Shelby Knox
Chelsea McBride (unable to attend)
Kimberly McDaniel (unable to attend)
Amanda McMillan
Brendan Murray (unable to attend)
Corey Nichols
Kanequa Nichols (unable to attend)
Regan Owen
Paizley Ramierez
Francisco Ramos (unable to attend)
Rajpal Singh (unable to attend)
Nathan Wilson
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CITIZENS APPEARANCES
(12.) Presentation of a proclamation declaring October as Disability
Employment Awareness Month.
October is National Disability Employment Awareness Month. This
year's theme is "Win with Ability." This theme emphasizes the many
talents people with disabilities bring to our workforce. Employers have
a large pool of qualified workers to serve in all venues from banking and
high tech to teaching and retail. Once employers open their doors to
people with disabilities, they will benefit from the skills and diversity
that these individuals bring to their jobs.
Sonya Quintero, LIFE/RUN Centers for Independent Living, accepted
the presentation of a proclamation made declaring October as Disability
Employment Awareness Month. Ms. Quintero also presented members
of her Center.
(12A.) Giles Dalby, County Judge of Garza County, appeared to speak to
the issue of development at Lake Alan Henry.
This item was deleted.
TOP TEN LIST
Councilmember David Nelson gave his Top Ten List of Positive Things
About Lubbock.
No. 10 is Laboratory Services. The lab at Lubbock Health Department
is one of only six laboratories in the state selected to receive federal
money to perform bioterrorism-related procedures. It is the only lab
within a 180-mile radius to perform such tests. It tests such agents as:
1.
Anthrax
2.
Tuleremia
3.
Brucella
4.
The Plague;
all of which are considered potential weapons of mass destruction. This
lab has been up and running over six months, well in advance of the
September 11 tragedy. Once again, Lubbock is well prepared and ahead
of most cities in preparedness.
No. 9 is Urbane. Urbane simply means politeness that is noteworthy.
People of Lubbock have always been known for their politeness and their
genuine friendliness. This is probably the most noteworthy characteristic
of Lubbock and West Texans. We strive to make our City government
and City Hall a reflection of Lubbock's urbane citizens.
No. 8 is Bank, Food. The South Plains Food Bank and the Breedlove
Dehydration Food Center have been assets to Lubbock for years. But
did you know that their importance extends beyond Lubbock and West
Texas? They help in the fight against world hunger, week -in and week -
out. Yes, some food will be delivered to refugee Afghans who have fled
their country and are in refugee camps in neighboring countries. They
are teaming to send one million servings of dehydrated vegetable mix to
feed the hungry people of Afghanistan. Breedlove was awarded a
$750,000.00 grant early this year from the U. S. Agency for
International Development to provide humanitarian hunger relief
overseas during emergencies. South Plains Food Bank was honored with
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a 2001 Victory against Hunger Award by the Congressional Hunger
Center. Lubbock should be justifiably proud of their efforts.
No. 7 is Breedlove Center.
No. 6 is Or Treats! There's no trick to this one. On October 31,
Halloween night, the Greek letter fraternities and sororities of Texas
Tech University will be holding a fun and safe Halloween Carnival at
Greek Circle, located at 15`h and Quaker Ave. This is an excellent
opportunity to provide the children of Lubbock a fun experience and
insure that the children will receive safe treats in a traffic -free
environment. This is probably going to be the biggest and best
Halloween Carnival around and will enable us to preserve a time-
honored tradition in Lubbock of Halloween fun.
No. 5 is Check, Body. The Lubbock Cotton Kings have just begun their
third season of professional hockey in Lubbock, now in the Central
Hockey League. This larger and more skilled league consists of four
divisions with a total of sixteen teams from cities as far north as
Indianapolis, Indiana and as far south as Corpus Christi and El Paso. If
you like slap shots, hard body checks against the glass, hard driving and
skillful skating, then the Lubbock Cotton Kings are about as good as it
gets. Remember the puck drops at 7:05 p.m. for every home game in
the Municipal Coliseum beginning this Saturday against the San Antonio
franchise.
No. 4 is Knight Time. The debut of Bobby Knight's men's basketball
team at Texas Tech University will officially begin on November 15 at
the United Spirit Arena. The three -time National Champion Coach
brings a track record and a reputation never before seen in Texas Tech
athletic programs. Though not a saint, he is deserving of the name of
Knight, and all of his players do address him as "Sir." The Bobby
Knight era at Texas Tech University - who would have thought that was
even a possibility a year and half ago?
No. 3 is Yesteryear Awareness. It has been said that one's future is only
as good as the dreams of those who have traveled this path before. Such
as the case with Lubbock. We have been blessed with people of vision,
hard work and the dream of making Lubbock the best place in which to
live and work in these United States. Rest assured this City Council has
learned from the leadership and work of those councils in the past -
both good and bad. We have a sacred trust with the citizens of our
community to protect and preserve the Lubbock of the past and the
present and to strive to realize the dreams of our forefathers.
No. 2 is Emergency Preparedness. Lubbock was selected as one of a
handful of metropolitan areas in the United States to receive the
Metropolitan Medical Response System Grant, giving Lubbock over
$400,000.00 to become even more prepared for a domestic mass -
destruction event. This grant enables Lubbock to develop partnerships
between the emergency operations center and the Health Department and
primary care providers, hospitals and fires responders such as fire,
police and EMS personnel. This project enables us to enhance our
disease surveillance processes and has the objective of establishing a plan
of action in the event of a bioterrorism disaster.
No. 1 is Symphonic Delights. The Lubbock Symphony Orchestra
consists of 84 paid outstanding professional musicians that have
developed a national reputation for excellence. This season, Lubbock
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Regular City Council Meeting
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welcomes a new conductor, Andrews Sill from Milwaukee. He is a
world renowned concert pianist and has brought a heightened level of
enthusiasm and expertise to an already outstanding performing orchestra.
Don't forget that the Symphony Guild supports two additional youth
orchestras, as well as a Suzuki Program for children as young as two
years of age. The Guild also provides money for scholarship programs
to enable talented children to receive private and group music lessons.
The Orchestra's season consists of six performances, the second of
which is this weekend, featuring Dr. Alan Shinn, a percussionist of
national renown, who will be leading the symphony in an original score.
Let's support this wonderful cultural gift available to all persons in
Lubbock.
Councilmember Patterson left the dais.
CONSENT AGENDA (Items Nos. 13-14, 16-31)
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to approve Items Nos. 13-14, 16-31 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(13.) Approval of the minutes of the Emergency Called City Council
Meeting of October 5, 2001 and Regular City Council Meeting of
October 11, 2001.
(14.) Ordinance No. 2001-00085 amending Chapter 12 of the Code of
Ordinances of the City of Lubbock, with regard to adoption of
standards for public swimming pools and spas; providing a penalty;
providing a savings clause; and providing for publication (first
reading).
ORDINANCE NO. 2001-00085
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ADOPTION OF STANDARDS FOR PUBLIC SWIMMING POOLS AND SPAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The current Standards for Swimming Pools/Spas were adopted as city
ordinance in 1986, or 15 years ago. Since that time, considerable
research has been done and many scientific advances have been made in
the field of swimming pool/spa sanitation and safety, especially as it
pertains to entrapment and entanglement hazards. The 1999 TDH
Standards are designed to address the most commonly found safety and
sanitation hazards. Environmental Inspection Services has presented the
1999 Standards with the Lubbock Hotel/Motel Association and The City
of Lubbock Health Board. Both recommended approval of the 1999
Standards. The Lubbock Apartment Association implemented the 1999
Standards in 2000, and also recommended approval by the City Council.
Letters of support from the Health Board and The Lubbock Apartment
Association are attached. In addition, an information sheet and a
timeline for education and implementation are attached.
Staff recommended approval of this ordinance.
Next item to be considered was Item No. 16.
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(15.) Ordinance No. 2001-00087 amending Chapter 14 of the Code of
Ordinances entitled "Licenses and Business Regulations" by adding
Article XII, that will require burglary and robbery alarm system
users to obtain a permit for their alarm system (first reading).
This item was moved to Regular Agenda and was considered
following Item No. 31.
ORDINANCE NO. 2001-00087
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "LICENSES AND
BUSINESS REGULATIONS," BY ADDING ARTICLE XII, PROVIDING
DEFINITIONS; REQUIRING A PERMIT OF BURGLARY AND ROBBERY
ALARM SYSTEM USERS IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A
PENALTY; ESTABLISHING A PROCEDURE FOR THE ISSUANCE AND
REVOCATION OF SUCH PERMITS AND APPEALS FROM DENIAL OR
REVOCATION; PROVIDING SERVICE FEES FOR FALSE ALARM
NOTIFICATIONS; PROVIDING EXEMPTIONS; PROHIBITING CERTAIN
INTER -CONNECTIONS AND AUTOMATIC DIALING PRACTICES;
REGULATING BURGLARY AND ROBBERY ALARM TESTING,
MAINTENANCE, USE, OPERATION, AND REPORTING; REQUIRING PERMIT
HOLDERS TO TRAIN USERS IN THE PROPER USE AND OPERATION OF
ALARM SYSTEMS; PROVIDING STANDARDS FOR BURGLARY AND
ROBBERY ALARM PROTECTIVE SERVICES AND BURGLARY AND ROBBERY
ALARM SYSTEM OPERATION; PROVIDING FOR ALARM DISPATCH
RECORDS; PROVIDING FOR CONFIDENTIALITY OF INFORMATION;
PROVIDING FOR AUTHORITY TO FILE SUIT TO ENJOIN VIOLATION;
PROVIDING A SEVERABILITY AND SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
Three issues prompted staff to pursue this ordinance. First, staff wants
to ensure the safety of our officers. From our research, it appears that
as officers respond to numerous false alarms at a single location they
may become less attentive when responding to these false alarm calls.
This potentially jeopardizes their personal safety. Second, the time that
it takes officers to address false alarms prevents them from responding to
more valid police services. Finally, false alarms are placing an
increased burden on the Police Department's budget. Staff's primary
concern is the safety of our police officers and ensuring that the Police
Department can respond to more valid police services.
Since the Police Department's initial discussion regarding the false alarm
issue, staff has compiled the most recent false alarm numbers. In 2000,
Lubbock Police Officers answered 25,121 alarm calls. Ninety-nine
percent or 24,849 of these alarm calls were false alarms. The average
false alarm call takes an officer 30 minutes to address. The Police
Department estimates that it cost $255,621 to answer false alarm calls in
2000.
The Police Department has drafted an ordinance and staff has met with
all the alarm companies that provide alarm service in Lubbock. The
alarm companies were supportive of the ordinance. However, they did
have some concerns with regard to specific sections of the ordinance.
As a result of these discussions, we made some minor changes to the
original ordinance to address their concerns. The following is a brief
overview of the ordinance:
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Regular City Council Meeting
October 25, 2001
Page 297
• The purpose of the ordinance is to encourage the improvement
and reliability of burglary and robbery alarm systems to ensure
that police officers are not diverted from responding to real
criminal activities because of responding to false alarms.
• Any individual or business that has a call -in burglary alarm
system will be required to obtain a permit after the third false
alarm. An individual or business that has a call -in robbery alarm
system will be required to obtain a permit after the first false
robbery alarm. A burglary system is the standard system that is
installed in most homes. A robbery system requires an individual
to signal the alarm system manually.
• Individuals and businesses will be required to apply for a permit
within 180 days of the effective date of the ordinance.
• The Chief of Police may set a non-refundable fee to be charged
for the processing of an application and issuance of an alarm
system permit. Claude Jones, Interim Police Chief, is
recommending a $50 permit fee.
• After the Police Department responds to five burglary false
alarms within a twelve-month period, the permit holder will be
assessed a $50 fee for each additional false alarm. After the
Police Department responds to ten false burglary alarms within a
twelve-month period, the Chief may revoke the alarm permit on
the grounds that the alarm system has demonstrated a history of
unreliability.
• After the Police Department responds to two false robbery
alarms, the permit holder will be assessed a $100 fee for each
additional false robbery alarm. After five false robbery alarms
the Chief may revoke the alarm permit on the grounds that the
alarm system has demonstrated a history of unreliability or the
individuals are not trained in using the robbery alarm.
• If a Chief of Police approved alarm usage course is available, the
Chief may accept documentation that the permit holder and their
staff has successfully complete training in proper alarm usage in
lieu of all or a portion of the penalty or service fees.
• If an alarm system has chronic problems or produces a number of
false alarms during a weekend or holiday, the Police Department
has the option to count multiple false alarms as one false alarm.
However, the permit holder must furnish written documentation
from the alarm company stating that they are working to correct
the problem.
• If there is severe weather that causes numerous false alarms
throughout the city, these false alarms will not be counted toward
the permit holder's false alarms for the permit year. This section
was added to the ordinance after meeting with the alarm
companies.
Staff recommended approval of this ordinance.
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Regular City Council Meeting
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Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal, to pass on first reading Ordinance No. 2000-
00087 as recommended by staff. Motion carried: 4 Yeas, 1 Nay.
Councilmember Hernandez voted Nay.
Next item to be considered was Item No. 32.
(16.) Ordinance No. 2001-00086 making changes in the FY 2001-2002
budget of the City of Lubbock for governmental purposes and to
meet emergency conditions created by the terrorist attacks (first
reading).
ORDINANCE NO. 2001-00086
AN ORDINANCE MAKING CHANGES IN THE FY2001-2002 BUDGET OF
THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES AND TO MEET
EMERGENCY CONDITIONS CREATED BY THE TERRORISTS ATTACKS.
The terrorist attacks of September 11 have had a tremendous impact on
the aviation industry. Public fears about the safety of flying have
significantly reduced the number of passengers in the system. The
resulting loss of revenue has created a financial crisis in the airline
industry that is threatening the viability of our nation's air transportation
system.
The Federal Aviation Administration has responded to the crisis by
ordering the implementation of unprecedented security measures at
airports throughout the nation. A key element of the new FAA security
structure is the addition of personnel to increase the frequency and
quality of patrols in and around the airport terminal building and
perimeter.
Staff analysis has shown that the most cost-effective way to address the
FAA requirements is to add four new Airport Operations positions to the
airport staff. The proposed positions would be entry-level personnel
whose primary function is to patrol the terminal building in support of
the security program. The Operations personnel would also provide a
"front line" management presence at the airport all times when there is
passenger activity in the terminal building.
The total annual cost of adding the new positions will be $154,632. The
cost of the new positions will be funded by a direct pass -through to the
airlines under the provisions of the Certificated Passenger Airline
Operating Agreement and Terminal Building Lease.
Once created, the new positions will address the airport's long-term
security needs. In the interim, however, the airport has had to use
Lubbock Police Department personnel and private security guards to
meet FAA security requirements. The cost of these interim security
measures is not eligible for reimbursement under the agreement with the
airlines. Therefore staff recommended the creation of a budget line item
to fund the interim costs which are projected to be approximately
$50,000. Funding for this item will come from airport reserves.
Staff requested authorization to revise the FY2001-02 Operating Budget
for Lubbock International Airport as described above.
Staff recommended approval of this ordinance.
Regular City Council Meeting
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Page 299
(17.) Resolution No. 2001-RO450 authorizing the Lubbock International
Airport to initiate a phased -in parking rate increase with a maximum
potential increase of twenty-five percent.
RESOLUTION NO. 2001-RO450
WHEREAS, staff analysis indicates that the projected reduction in airline
operations and loss of passengers will result in a revenue shortfall of approximately
$340,000 in Airport revenue for FY 2001-02; and
WHEREAS, after a review of all potential airport revenue sources, it has been
determined that only the airport parking lot operation has the potential for generating the
additional revenue needed to overcome this shortfall; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Lubbock International Airport is authorized to initiate a phased -in
parking rate increase with a maximum potential increase of twenty-five (25) percent.
Passed by the City Council this 25th day of October, 2001.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
/s/ WINDY SITTON
WINDY SITTON, MAYOR
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney
The terrorist attacks of September 1 1 have had a tremendous impact on
the aviation industry. Public fears about the safety of flying have
significantly reduced the number of passengers in the system. The
airlines have responded by cutting back operations system -wide. The
loss of passengers and the reduction in airline operations have
significantly affected revenue streams for airports throughout the nation.
Staff analysis indicates a projected revenue shortfall at Lubbock
International Airport of approximately $340,000 for FY 2001-02. After
a review of all potential revenue sources, staff has determined that only
one, the airport parking lot operation, has the potential for generating the
additional revenue needed to overcome shortfall. Assuming a 5 percent
traffic loss in the parking lot, staff has determined that a 25 percent
increase in parking rates would generate $340, 814 in additional revenue
per year, enough to cover the projected revenue shortfall. Surveys show
that the proposed rates would be comparable to other air carrier airports.
Staff recommended increasing the parking rate only to the point
necessary to cover the projected revenue losses. Accordingly, staff
recommended a phased approach that would initially raise parking rates
by 20 percent. At revised budget, staff would re-evaluate revenue
projections and address any shortfall by reducing operating costs and, if
necessary, increasing parking rates by the remaining 5 percent. This
approach will help to ensure that the Airport Operating Fund remains
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Regular City Council Meeting
October 25, 2001
Page300
self-sufficient, and that the projected revenue shortfall does not have a
negative impact on the General Fund.
Staff recommended approval of a phased -in parking rate increase at the
airport with a maximum potential increase of 25 percent and Council
approval of this resolution.
(18.) Resolution No. 2001-RO451 authorizing the Right -of -Way
Department to make an offer to Mary Ann Tharp and Marion
Nadine Wallace for Lot 19 and Lot 20, Block 4, Westacres Addition
to the City of Lubbock for a City park (1119 East Loyola Street).
RESOLUTION NO. 2001-RO451
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 19,20, 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 Mary
Ann Tharp and Marion Nadine Wallace as Successor Co -Trustees of the ARTHUR M.
WALLACE and MARION NADINE WALLACE 1979 REVOCABLE LIVING
TRUST, dated August 15, 1979, as amended and restated by FIRST AMENDED
DECLARATION OF TRUST BY ARTHUR M. WALLACE and MARION NADINE
WALLACE, dated November 15, 1985, as amended by FIRST AMENDMENT TO
FIRST AMENDED DECLARATION OF TRUST BY ARTHUR M. WALLACE and
MARION NADINE WALLACE, dated May 7, 1991, and as amended by SECOND
AMENDMENT TO FIRST AMENDED DECLARATION OF TRUST BY ARTHUR
M. WALLACE and MARION NADINE WALLACE, dated August 28, 1995, BE
offered through the Right -of -Way Department of the City of Lubbock the amount of
$1,200.00, 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.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 301
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 Westacres Addition contains
20 lots. Mrs. Tharp and Mrs. Wallace own two of these lots (lots 19 &
20). 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 $1200, which is
our offer to these landowners.
This resolution also authorizes condemnation proceedings to acquire
these parcels if our offer is refused.
Staff recommended approval of this resolution.
(19.) Resolution No. 2001-RO452 accepting secondary street maintenance
improvements constructed by West Texas Paving, Inc., under the
2001 Secondary Streets Maintenance Program.
RESOLUTION NO. 2001-RO452
A RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A
PORTION OF CITY STREETS AS DESCRIBED BELOW:
WHEREAS, The City of Lubbock awarded a contract November 27, 2000,
authorizing the construction of residential street maintenance improvements by West
Texas Paving, Inc., on City streets; and
WHEREAS, the improvements upon the said portions of the City streets have
been inspected and found to have been constructed according to the approved plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions to the City streets
indicated on the attached list (Exhibit A) BE and the same are hereby accepted and the
City Street Superintendent BE and he is hereby authorized to direct final payment to the
Contractor in the amount of $25,630.08
SECTION 2. THAT this Resolution shall take effect in force from and after its
passage.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 302
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant CityAttorney
A copy of Exhibit A is filed with Resolution No. 2001-R452.
This item is a routine acceptance of the 2001 Secondary Streets
Maintenance Program, which consisted of various types of patching,
single -course and two -course surface treatment on all streets listed in the
acceptance resolution. The contract amount was $508,291.20. Final
contract price is $514,492.87. Seal coat work for the Parks Department
accounted for $1,891.20, which came from one of their accounts.
Final payment due the contractor upon acceptance is $25,630.08.
Adequate funds are available in the Permanent Street Maintenance Fund
for this payment.
Staff recommended approval of this resolution
(20.) Resolution No. 2001-RO453 providing an amendment to an interlocal
construction, reimbursement and right-of-way usage agreement
between the City of Lubbock and Texas Tech University.
RESOLUTION NO. 2001-RO453
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 Amendment to an Interlocal
Construction, Reimbursement and Right -of -Way Usage Agreement between City and
Texas Tech University, a copy of which Amendment is attached hereto, and any
associated documents, which Amendment 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 25th day of October, 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
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Page 303
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of the Amendment is filed with Resolution 2001-RO453
This interlocal agreement provided for the installation of fiber optics
interduct from Reese Center to the Texas Tech campus. The original
interlocal agreement anticipated more construction work being performed
by the City than actually occurred. Therefore, Texas Tech University
has reimbursed the City actual costs of $167,095, rather than the original
$248,000 provided in the agreement.
Staff recommended approval of this resolution.
(21.) Resolution No. 2001-RO454 in support of a grant application
requesting funds to purchase a baler in response to the RFP released
by South Plains Association of Governments (SPAG) for fiscal year
2001 Solid Waste Grant Programs in conjunction with the Texas
Natural Resource Conservation Commission (TNRCC).
RESOLUTION NO. 2001-RO454
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING THE SUBMISSION OF A FY 2001 REGIONAL SOLID WASTE
GRANTS PROGRAM APPLICATION TO THE SOUTH PLAINS ASSOCIATION OF
GOVERNMENTS AND AUTHORIZING THE CITY MANAGER TO REPRESENT
THE CITY OF LUBBOCK IN ALL MATTERS PERTAINING TO THIS
APPLICATION.
WHEREAS, protection of the State's environment has become a growing concern in
Texas particularly with regard to the potential environmental risks associated with the
disposal of municipal solid wastes; and
WHEREAS, in accordance with legislative action, the citizens of the State of Texas,
either directly or indirectly, pay into a state -managed solid waste tipping fee fund which
provides the Texas Natural Resource Conservation Commission (TNRCC) the funding to
administer a variety of programs designed to afford the state a higher degree of
environmental protection; and
WHEREAS, a portion of these TNRCC-administered tipping fee funds have been
made available to the state's local governments through the regional councils of
governments of Texas to provide grants for regional/local solid waste management projects;
and
WHEREAS, the primary intent of these grant funds is that they be used to
implement/enhance programs at the regional/local level which promote the management
goals of the regional and state solid waste plans; and
WHEREAS, the City of Lubbock is eligible to receive these funds and desires to
undertake a program which advances the solid waste management goals and objectives of
the state solid waste management plan and the Panhandle Regional Solid Waste
Management Plan.
NOW THEREFORE, be it resolved by the City Council of the City of Lubbock, Texas:
1. That the City of Lubbock is applying for $58,000 to implement a program to be
known as baler purchase.
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Page 304
2. That the City Council of the City of Lubbock appoints the City Manager to act as
its duly authorized representative in all matters pertaining to this application.
3. That any grant funds received will be used for their intended purpose.
4. That as a condition of funding, the City of Lubbock agrees to provide the necessary
certifications and assurances required by the TNRCC.
CONSIDERED AND APPROVED THIS 25th DAY OF OCTOBER, 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 of Water Utilities
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
HB 3072 mandates that the TNRCC return to local governments a
portion of all tipping fees collected in the state. The funds are
apportioned back to each Council of Governments based on a formula
which includes (but is not limited to) population, need, and number of
counties in the Council area. The Councils then conduct a competitive
grants programs request to address the needs of their specific region.
This year, SPAG has approximately $170,000 available for pass -through
implementation projects. The SPAG Solid Waste Advisory Committee
has chosen to limit each single jurisdiction award to 25 % ($58,000) of
the total available funding. The Solid Waste Department's grant
application is for the purchase of a baler that will be used to bale plastics
collected at the recycling drop-off centers.
Budget Impact: This grant is for a twelve-month period and will have
minimal impact on the Solid Waste budget. If the SPAG Solid Waste
Advisory approves the baler purchase, the Solid Waste budget will be
impacted by $4,000. This $4,000 is being used as matching funds and
will be used to pay the remaining cost of the baler, which is estimated to
cost $62,000. At the end of the grant period, the program will be
evaluated to determine whether it will receive continued funding from
City resources.
Staff recommended approval of this resolution.
(22.) Resolution No. 2001-R0455 appointing Temporary and Substitute
Judges (Laura Monroe, David A. Ellison, Michele Hart, Enrique
Martinez, Ramon Gallegos, Jim Aldridge -Associate Judges) for the
Lubbock Municipal Court of Record.
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October 25, 2001
Page 305
RESOLUTION NO.2001-RO455
WHEREAS, Subsection 30.00008(b) of the Government Code of the State of
Texas provides that the governing body of the City of Lubbock may appoint one or
more temporary substitute judges for the Lubbock Municipal Court of Record; and
WHEREAS, such temporary substitute judges shall meet the same qualifications
to serve as are required of a regular municipal judge; and
WHEREAS, the City Council of the City of Lubbock has determined that it is in
the best interest of the citizens of the City of Lubbock to appoint the following named
persons as temporary substitute judges for the Municipal Court of Record; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following named persons are hereby appointed
temporary substitute judges of the Lubbock Municipal Court of Record.
Laura Monroe
Enrique Martinez
David A. Ellison
Ramon Gallegos
Michele Hart
Jim Aldridge
SECTION 2. THAT said temporary substitute judges shall serve as needed and
at the pleasure of the Presiding Judge of the Lubbock Municipal Court and said
temporary substitute judges shall receive such pay as shall be provided for such
positions by the City Council in the annual City of Lubbock budget.
Passed by the City Council on this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Doty
Robert Doty, Municipal Judge
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
The terms of the above -named Associate Judges of the Municipal Court
will expire in October of 2001. It is appropriate to reappoint said judges
for an additional period. These judges function as night magistrates at
the City holding facility, and occasionally perform additional duties in
the stead of the Presiding Judge due to vacation, illness, etc.
The Associate Judges will act under the direction of the Presiding Judge.
Compensation for the positions is recommended to be $50 per hour
(budgeted amount). Funding for these positions, at that rate, has already
been included in the 2001-2002 budget.
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October 25, 2001
Page 306
The Presiding Judge of the Municipal Court recommended Council
approval of this resolution.
(23.) Resolution No. 2001-RO456 authorizing the Mayor to execute a
contract extension between the City of Lubbock and Barbara T.
McCall & Associates for consulting services with regard to federal
legislation and federal agencies.
RESOLUTION NO. 2001-RO456
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a contract between the City of
Lubbock and Barbara T. McCall Associates, Inc. for federal legislative consulting
services, and all related documents. Said Contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Director of Communication and Legislation
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-R0456.
The City requires the services of a presence in Washington, D.C. to
facilitate our federal legislative agenda, to assist our Congressional
delegation with City issues, and to provide direct interaction with federal
agencies on a consistent basis.
In order to have a presence in Washington in a cost-effective manner, the
City of Lubbock joined together with four other Texas cities to employ
Ms. McCall and her firm as a legislative consultant.
Staff recommended approval of this resolution
(24.) Resolution No. 2001-RO457 authorizing the Mayor to execute an
interlocal agreement with the Housing Authority of the City of
Lubbock for cooperative purchasing.
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October 25, 2001
Page 307
RESOLUTION NO. 2001-RO457
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for
cooperative purchasing, by and between the City of Lubbock and the Housing
Authority of the City of Lubbock, 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 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0457.
Cooperative purchasing is one of the ways that local governments can
save time and money in their purchasing programs. It occurs when two
or more entities coordinate some or all of their purchasing needs so that
they can join in purchases to the mutual benefit of all the entities
concerned. Local governments benefit in many ways, including
developing contacts with other local government officials and developing
the habit of cooperating with other entities. Some of the most common
benefits are:
I. Lower costs through increased volume.
2. Lower (shared) administrative costs.
3. Improved response from vendors.
4. Shared experience leading to better product specification.
5. Better compliance with state statutes on purchasing.
VTCA Government Code Chapter 791 - Interlocal Cooperation Act
allows local governments to contract with and between each other, to
provide governmental functions and services, and to join together in
contracting with others to provide goods and services.
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October 25, 2001
Page 308
The City of Lubbock and the Housing Authority of the City of Lubbock
desire to cooperate on select governmental purchases in order to enjoy
greater economy of scale and thereby reduced prices for certain
commodities used by both governmental entities. Pursuant to Section
791.012, the laws of the particular entity making the particular purchase
will apply to the purchase unless the law of the other entity is more strict
and would prohibit the purchase being made in such a manner. In such a
case, the purchase will be made in conformance with the most stringent
applicable regulation. The City of Lubbock and the Housing Authority
of the City of Lubbock will engage in the purchase of items and services
that are used by both entities and as jointly agreed upon by the
purchasing officers of both entities. As a general rule, the governmental
entity that uses the most of a particular commodity or service will be the
lead agent in making a joint purchase. Each entity will be responsible for
payment of its portion of the proportionate purchase costs directly to the
vendor.
The period of this interlocal agreement will be for the balance of the
fiscal year and will thereafter be automatically renewed annually for each
succeeding fiscal year of the City.
Staff recommended Council approval of this resolution.
(25.) Resolution No. 2001-R0458/RFP #195-01/RW-for Closed Circuit
Television (Wastewater Collection).
RESOLUTION NO. 2001-RO458
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 closed circuit
television, by and between the City of Lubbock and the Baker Equipment Company,
Inc., of Edmond, Oklahoma, 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 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0458.
Regular City Council Meeting
October 25, 2001
Page 309
This project involves retrofitting a closed circuit television van for
Wastewater Collection. The City of Lubbock has 501 miles of six-inch
sewer mainlines and Wastewater Collection televises approximately
twenty percent of the system. The successful bidder would have to
demonstrate the ability to televise six-inch sewer main lines without the
addition of personnel or equipment. Proposals were submitted from
Underground Inc. for an Aries Pan and Tilt Camera with zoom
capability with Win -Cam Software and from The Baker Company for an
Omni III camera with zoom capability and Win -Cam software.
The evaluation criteria in the RFP included:
• Substantial successful experience in competing similar project
• Demonstrated knowledge and understanding of the project
• Substantial representations regarding the firm's qualifications and
demonstrated design skill appropriate to this project and the technical
capabilities and professional competence of the proposer and assigned
personnel
• Substantial capability to meet schedules and deadlines as well as the
capability to complete the project without having major cost
escalations, change orders or overrun
• Cost
Proposers were ranked as follows:
Baker Company 90
Underground, Inc. 65
Staff recommended contract award in the amount of $44,970 to The
Baker Company to retrofit the Closed Circuit Television Van for City of
Lubbock Wastewater Collection and Council approval of this resolution.
(26.) Resolution No. 2001-R0459; Resolution No. 2001-R0460; Resolution
Nos. 2001-RO461 and Resolution No. 2001-R0462/BID #227-01/RS—
for Automobiles & Light Duty Trucks (Fleet Services).
RESOLUTION NO. 2001-RO459
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #227-
01/RS for automobiles & light duty trucks, by and between the City of Lubbock and
related documents. Said Purchase Order is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
me
Regular City Council Meeting
October 25, 2001
Page 310
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-RO459.
This bid is for the purchase of 76 automobiles and light duty trucks.
The low bids are from the following companies:
Shamrock Chevrolet of Lubbock, Texas $1,051,830
Gene Messer Ford of Lubbock, Texas $ 249,693
Scoggin-Dickey Chevrolet of Lubbock, Texas $ 229,462
Lawrence Marshall Chevrolet of Hempstead, Texas $ 214,727
The low bids are within the Capital Outlay - Equipment budget. To the
extent allowed by law, the lease obligation associated with this
acquisition may be included in our tax rate limitation calculation.
(27.) Resolution No. 2001-RO463 and Resolution No. 2001-RO464/BID
#228-01/RS-for Heavy Off Road Equipment (Fleet Services).
RESOLUTION NO. 2001-RO463
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #228-
01/RS for heavy off road equipment, by and between the City of Lubbock and West
Texas Cat of Lubbock, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 25th day of October, 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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October 25, 2001
Page 311
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0463.
This bid is for the purchase of a landfill compactor for the Solid Waste
Department and a motor grader for the Street Department.
The low bids are from the following companies:
West Texas Cat of Lubbock, Texas $303,564
Associated Supply Company, Inc. of Lubbock, Texas $110,273
The low bids are within the Capital Outlay -Heavy Movable Equipment
budget.
(28.) Resolution No. 2001-R0465/BID #235-01/RS-for Tractor Backhoe
With Front End Loader & Trailer (Fleet Services).
RESOLUTION NO. 2001-RO465
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #235-
01/RS for a tractor backhoe with front end loader & trailer, by and between the City of
Lubbock and Yellowhouse Machinery of Lubbock, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0465.
This bid is for the purchase of two tractor backhoes with trailers for
Pipeline Maintenance.
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Regular City Council Meeting
October 25, 2001
Page 312
The low bid is $132,500 from Yellowhouse Machinery of Lubbock,
Texas and is within the Capital Outlay -Heavy Moveable Equipment
budget.
(29.) BID #241-01/DC-Firefighters Bunker Gear (Fire Department).
This bid is for the purchase of up to 30 sets of pants and jackets to be
provided to this year's graduating recruits and to replace severely
deteriorated gear currently in service. This purchase represents the first
half of an approved capital project funding the acquisition of up to 60
sets of gear as part of a three-year replacement cycle that is designed to
alleviate the financial burden of a large sum purchase of all gear every
third year.
The low bid is $25,470 from Fire Gear, Inc. of Grand Junction,
Colorado and is within the Bunker Gear Replacement budget.
(30.) Resolution No. 2001-RO466/BID #245-01/DC-for Wheel Mounted
Slurry Spray Unit (Fleet Services).
RESOLUTION NO. 2001-RO466
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Order per ITB #245-
01/RS for a wheel mounted slurry spray unit, by and between the City of Lubbock and
Justin Seed Company of Justin, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-RO466.
This bid is for the purchase of a wheel mounted slurry spray unit for the
Solid Waste Department landfill operations.
The low bid is $31,176 from Justin Seed Company of Justin, Texas and
is within the Equipment Capital Outlay -Other Equipment budget.
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October 25, 2001
Page 313
(31.) Resolution No. 2001-R0467/RFQ #261-01/RS-for Emergency
Procurement for Lubbock Land Application Site Remediation Well
Drilling (Water Department).
RESOLUTION NO. 2001-RO467
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 Lubbock Land
Application Side Remediation Well Drilling, by and between the City of Lubbock and
Hi Plains Drilling, Inc., of Abernathy, 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 25th day of October, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0467.
This project involves eight irrigation type water wells to be drilled on the
Lubbock Land Application Site on East 50`' Street about 2 miles east of
East Loop 289. These wells will be a part of an on going project to
remediate high nitrate concentrations in the groundwater under city
owned property. The City has recently received a notice of violation
from the Texas Natural Resource Conservation Commission and has
agreed to add pumping capacity at certain locations on the property to
properly remediate the nitrate.
The low bid is $149,519.96 from Hi Plains Drilling of Abernathy, Texas
and is within the Long Term Remedial Action budget.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions and that
the Mayor be authorized to execute all documents necessary for each
transaction.
Next item to be considered was Item No. 15.
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October 25, 2001
Page 314
PUBLIC HEARINGS
(32.) Hold a public hearing to consider the request of Tamarack
Petroleum for an Oil Drilling Permit on a tract of land located
approximately 1675 feet east and 1650 feet north of the southwest
corner in Section 6, Block A, Lubbock County, Texas (north of East
Erskine and west of North Olive Avenue). Designation of well is Lee
Harrison #31.
(33.)
This item was considered following Item #15.
Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim
Joplin appeared on behalf of Tamarack Petroleum. No one appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Pro Tern Cooke closed the hearing at 11:17 a. in.
Consider approval of an Oil Drilling Permit for Lee Harrison #31.
On September 25, 2001 the Planning Department received an application
for a permit to drill the above described well. The well is within a
pooled unit and does not require an acreage minimum for a production
unit. At least fourteen active or plugged Harrison wells are existing in
this square mile. Storage is proposed in conjunction with an existing
tank battery.
The application is in order. Tamarack proposes earth sludge pits with no
landscape at the well site. The blowout protector has a rating of 3,000
psi or greater. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from East Erskine on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is substantially undeveloped.
POTENTIAL LONGTERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells in the immediate area and no
immediate development proposals, no long-term negative impacts are
anticipated
The staff recommended approval subject to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
3. The first and second series
compliance with applicable
Railroad Commission.
of casing of the well shall be in
portions of Rule 13 of the Texas
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
within the application of Tamarack Petroleum for West Lee
Harrison #31.
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Regular City Council Meeting
October 25, 2001
Page 315
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for Lee
Harrison #31. Motion carried: 5 Yeas, 0 Nays.
(34.) Hold a public hearing to consider the request of Tamarack
Petroleum for an Oil Drilling Permit on a tract of land located
approximately 2307 feet west and 990 feet north of the southeast
corner in Section 6, Block A, Lubbock County, Texas (north of East
Erskine and west of North Olive Avenue). Designation of well is Lee
Harrison #32.
Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim
Joplin appeared on behalf of Tamarack Petroleum. No one appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Pro Tern Cooke closed the hearing at 11:17 a. in.
(35.) Consider approval of an Oil Drilling Permit for Lee Harrison #32.
On September 25, 2001 the Planning Department received an application
for a permit to drill the above described well. The well is within a
pooled unit and does not require an acreage minimum for production. At
least fourteen active or plugged Harrison wells are existing in this square
mile. Storage is proposed in conjunction with an existing tank battery.
The application is in order. Tamarack proposes steel sludge pits with no
landscape at the well site. The blowout protector has a rating of 3,000
psi or greater. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from East Erskine on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is substantially undeveloped.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells in the immediate area and no
immediate development proposals, no long-term negative impacts are
anticipated
The staff recommended approval subject to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
3. The first and second series
compliance with applicable
Railroad Commission.
of casing of the well shall be in
portions of Rule 13 of the Texas
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
315
Regular City Council Meeting
October 25, 2001
Page 316
within the application of Tamarack Petroleum for West Lee
Harrison #32.
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for Lee
Harrison #32. Motion carried: 5 Yeas, 0 Nays.
(36.) Hold a public hearing to consider the request of Tamarack
Petroleum for an Oil Drilling Permit on a tract of land located
approximately 920 feet west and 2310 feet north of the southeast
corner in Section 6, Block A, Lubbock County, Texas (north of East
Erskine and west of North Olive Avenue). Designation of well is Lee
Harrison #36.
Mayor Pro Tem Cooke opened the public hearing at 11:14 a.m. Jim
Joplin appeared on behalf of Tamarack Petroleum. No one appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Pro Tem Cooke closed the hearing at 11:17 a. in.
(37.) Consider approval of an Oil Drilling Permit for Lee Harrison #36.
On September 25, 2001 the Planning Department received an application
for a permit to drill the above described well. The well is within a
pooled unit and does not require an acreage minimum for production. At
least fourteen active or plugged Harrison wells are existing in this square
mile. Storage is proposed in conjunction with an existing tank battery.
The application is in order. Tamarack proposes earth sludge pits with no
landscape at the well site. The blowout protector has a rating of 3,000
psi or greater. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from North Olive on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is substantially undeveloped.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells in the immediate area and no
immediate development proposals, no long-term negative impacts are
anticipated
The staff recommended approval subject to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
3. The first and second series of casing of the well shall be in
compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
316
Regular City Council Meeting
October 25, 2001
Page 317
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
within the application of Tamarack Petroleum for West Lee
Harrison #36.
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for Lee
Harrison #36. Motion carried: 5 Yeas, 0 Nays.
(38.) Hold a public hearing to consider the request of Tamarack
Petroleum for an Oil Drilling Permit on a tract of land located
approximately 740 feet east and 2310 feet north of the southwest
corner in Section 25, Block A, Lubbock County, Texas (north of
East Erskine and east of North Olive Avenue). Designation of well is
Lee Harrison #33.
Mayor Pro Tern Cooke opened the public hearing at 11:14 a.m. Jim
Joplin appeared on behalf of Tamarack Petroleum. No one appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Pro Tem Cooke closed the hearing at 11:17 a. in.
(39.) Consider approval of an Oil Drilling Permit for Lee Harrison #33.
On September 25, 2001 the Planning Department received an application
for a permit to drill the above described well. The well is within a
pooled unit and does not require an acreage minimum for production. At
least nine active or plugged Harrison wells are existing in this square
mile. Storage is proposed in conjunction with an existing tank battery.
The application is in order. Tamarack proposes steel sludge pits with no
landscape at the well site. The blowout protector has a rating of 3,000
psi or greater. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from Idalou Highway on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is substantially undeveloped.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells in the immediate area and no
immediate development proposals, no long-term negative impacts are
anticipated
The staff recommended approval subject to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
317
Regular City Council Meeting
October 25, 2001
Page 318
3. The first and second series of casing of the well shall be in
compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
within the application of Tamarack Petroleum for West Lee
Harrison #33.
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for Lee
Harrison #33. Motion carried: 5 Yeas, 0 Nays.
(40.) Hold a public hearing to consider the request of Tamarack
Petroleum for an Oil Drilling Permit on a tract of land located
approximately 3230 feet west and 1320 feet north of the southeast
corner in Section 25, Block A, Lubbock County, Texas (north of
East Erskine and west of North Wood Avenue). Designation of well
is Lee Harrison #34.
Mayor Pro Tem Cooke opened the public hearing at 11:14 a.m. Jim
Joplin appeared on behalf of Tamarack Petroleum. No one appeared in
opposition. Randy Henson, Senior Planner, presented staff comments.
Mayor Pro Tern Cooke closed the hearing at 11:17 a. in.
(41.) Consider approval of an Oil Drilling Permit for Lee Harrison #34.
On September 25, 2001 the Planning Department received an application
for a permit to drill the above described well. The well is within a
pooled unit and does not require an acreage minimum for production. At
least nine active or plugged Harrison wells are existing in this square
mile. Storage is proposed in conjunction with an existing tank battery.
The application is in order. Tamarack proposes earth sludge pits with no
landscape at the well site. The blowout protector has a rating of 3,000
psi or greater. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from the Idalou Highway on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is substantially undeveloped
except for the Children's Home. The Children's Home is the surface
owner.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells in the immediate area and no
immediate development proposals, no long-term negative impacts are
anticipated
The staff recommended approval subject to the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
318
Regular City Council Meeting
October 25, 2001
Page 319
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
3. The first and second series of casing of the well shall be in
compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
within the application of Tamarack Petroleum for West Lee
Harrison #34.
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for Lee
Harrison #34. Motion carried: 5 Yeas, 0 Nays.
(42.) Resolution No. 2001-R authorizing the Mayor to execute a
contract between Schrader & Cline, LLC and the City of Lubbock
for services related to creation of a Tax Increment Finance District
for the North Overton Area of the City of Lubbock.
This item was deleted.
(43.) Resolution No. 2001-R authorizing and directing the Mayor to
execute a resolution regarding activities to be permitted at Lake Alan
Henry.
This item was deleted.
Next item to be considered was Item No. 45.
(44.) Consider four appointments to Reese Redevelopment Authority
Board of Directors.
This item was considered following Item No. 48.
Motion was made by Councilmember Morrison, seconded by
Councilmember McDougal to appoint Barbara Andrews, Jim Gilbreath
and Neriman Guven to the Reese Development Authority Board of
Directors.
Motion was made by Councilmember Hernandez to continue. There was
no second for this motion.
The original motion carried: 4 Yeas, 1 Nays. Councilmember
Hernandez voted Nay.
(45.) Consider two appointments to the Board of Electrical Examiners.
Motion was made by Councilmember Morrison, seconded by
Councilmember Nelson to appoint Mike Thoma and reappoint Michael
Temple to the Board of Electrical Examiners. Motion carried: 5 Yeas, 0
Nays.
(46.) Consider one appointment to the Neighborhood Redevelopment
Commission.
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Regular City Council Meeting
October 25, 2001
Page 320
Motion was made by Councilmember Morrison, seconded by
Councilmember Nelson to appoint Marion (Rion) Sanford to the
Neighborhood Redevelopment Commission. Motion carried: 5 Yeas, 0
Nays.
(47.) Consider one appointment to Planning and Zoning Commission.
Motion was made by Councilmember Morrison, seconded by
Councilmember Nelson to appoint Craig Wells to the Planning and
Zoning Commission. Motion carried: 5 Yeas, 0 Nays.
(48.) Consider two appointments to Structural Standards Commission.
Motion was made by Councilmember Morrison, seconded by
Councilmember Nelson to appoint Margaret Aguilar to an Alternate
position and to appoint Clayton Black to a Regular position to the
Structural Standards Commission. Motion carried: 5 Yeas, 0 Nays.
Next item to be considered was Item No. 44.
11:28 A. M.
EXECUTIVE SESSION RECONVENED
1:15 P.M.
EXECUTIVE SESSION RECESSED
5:05 P.M.
EXECUTIVE SESSION RECONVENED
10:00 P.M.
EXECUTIVE SESSION RECESSED
10:00 P.M.
COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tem
Cooke adjourned the meeting.
Read and approved this day of 2001.
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
Rebecdla Garza, City Secretary
320