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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/8/2001CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 8, 2001 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of November, 2001, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, and Councilmember T. J. Patterson Absent: Mayor Pro Tem Alex "Ty" Cooke and Councilmember David Nelson. CITIZEN COMMENTS ( 1.) Dereesa Purtell, University Medical Center, appeared to discuss hospital and provider options related to the City of Lubbock's healthcare request for proposals. Dereesa Purtell, Vice President of Managed Care and Strategic Planning for University Medical Center, spoke of her concern that UMC and the Texas Tech group of doctors will not be in the hospitals/providers associated with the winning proposal. Ms. Purtell felt that it was important for the City Council to be aware of this situation. (IA.) Dorothy J. Nash, citizen, spoke to Council concerning the "walk lights" at loth & Q which she had timed at 11 minutes and at 61h & Q which she stated changed as you were midway in the street. She asked that this be looked at. Councilmember Hernandez suggested that the lights at Cavazos Jr. High also be checked. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; Police Chief); 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 retail energy sales/contracts by the City of Lubbock (Electric Utilities); to discuss pending or contemplated litigation (Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Aviation; Water Utilities). 7:37 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager; Police Chief). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). Regular City Council Meeting November 8, 2001 Page 324 (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 a competitive matter regarding retail energy sales/contracts by the City of Lubbock (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 Building Board of Appeals 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; Water Utilities). 9:53 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except Councilmember Nelson. (8.) Update on status of Vatican Exhibit. Father Malcolm Neyland (10 minutes) The Vatican Exhibition 2002 will be held at Texas Tech University Museum between June 1, 2002 and mid -September. The Exhibition is of great significance, as these frescos from the 13th and 14th Centuries have never been on display in the Vatican, and will not be on display again until 2025. Father Malcolm Neyland is coordinating the effort and made the presentation. Father Malcolm has made a previous presentation to the Council, and this presentation will further update Council as the June 1, 2002 start date approaches. The City may be asked to assist in security coordination, hospitality, and matters of protocol for visiting dignitaries. The Vatican Exhibition anticipates a number of prominent people will visit Lubbock to view the Exhibition during its three-month display in Lubbock. Father Malcomb's presentation was for informational purposes only. (9.) Presentation of Fourth Quarter and Annual Investment Report. Andy Burcham, Cash and Debt Manager and Linda Patterson, Investment Adviser —Patterson & Associates. A presentation of the investment performance of the City's funds was given by Andy Burcham as required by the Public Funds Investment Act (PFIA) and the City's Investment Policy. This presentation is to be done on a quarterly and annual basis. The presentation highlighted how the City's investment program has met all criteria of the PFIA. Linda Patterson, President of Patterson & Associates, also provided summary information on the City's investment performance and the current condition of the financial markets. 324 Regular City Council Meeting November 8, 2001 Page 325 No action was required on this item. 10:26 A. M. WORK SESSION RECESSED 10:40 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and by Rebecca Garza, City Secretary Mayor Sitton called the meeting to order at 10:38 A. M. (10.) Invocation by Stephanie Nash, Associate Pastor of Christian Education, Second Baptist Church (11.) Pledge of Allegiance to the Flag, followed by the Ramirez Elementary sixth grade choir sang a patriotic song to celebrate America. During this time of national trouble, it is important for the people of this nation to stand together in unity as staff struggles to overcome terrorism in the world today. These children are our future, and they sang as a reminder of what this nation holds dear. This item was placed on the agenda at the request of Councilmember Hernandez, who introduced the group. He also introduced Principal Bill Gonzales and Choir Leader Debbie Settler. BOARD APPOINTMENTS RECOGNITION Board of Electrical Examiners Receiving: Mike Thoma Neighborhood Redevelopment Commission Receiving: Marion (Rion) Sanford Planning & Zoning Commission Receiving: Craig Wells (unable to attend) Reese Redevelopment Authority Board Receiving: Barbara Andrews Jim Gilbreath (unable to attend) Neriman Guven (unable to attend) Structural Standards Commission Receiving: Margaret Aguilar Clayton Black CITIZEN APPEARANCES (12.) Presentation of Municipal Treasurers' Association of the United States and Canada (MTA US&C) Certification of Investment Policy Award for the City of Lubbock Investment Policy and Strategy. The Municipal Treasurers' Association, United States and Canada (MTA US&C) Certification of Investment Policy Award provides recognition to cities that submit written investment policies meeting all of the criteria promoted by MTA US&C for the sound management of investments. The City was honored at MTA US&C's 36th Annual Conference in Cleveland, Ohio in August for meeting all criteria set forth in the Investment Policy Certification Program. Of the policies received each year for review, only two-thirds of the policies reviewed are accepted on their first submission. 325 Regular City Council Meeting November 8, 2001 Page 326 The elements covered in the program include: liquidity; selection and review of suitable investment instruments; internal controls; reporting; portfolio diversification; custody and safekeeping; selection of investment institution criteria; ethics; and conflicts of interest. The award is renewed every three years and must be submitted to the MTA US&C's Investment Policy Review Team at that time. The City of Lubbock Investment Policy and Investment Strategy was one of 30 certifications awarded nationwide. Only 268 governments have had their policies certified by the Association since the program was developed in 1990. Lubbock is one of 26 governments in the State of Texas to have its investment policy certified by MTA US&C. Beverly Hodges, Director of Finance, introduced Linda Patterson, past president-elect, 1990 Phillips Award recipient and 1996 Service Award recipient of the MTA US&C. Ms. Patterson then presented the award to Mayor Sitton. No action was required on this item. Next item to be considered was Item No. 15. (13.) Presentation of a special recognition to the National Merit Scholarship Semifinalist from the Lubbock Independent School District. This item was considered following Item No. 15. The City Council recognized the outstanding academic achievement of the twenty students in the Lubbock Independent School District who were named as National Merit Scholarship Semifinalists for 2002. Approximately 16,000 semifinalists were named nationally in the competition for these awards. These students will have the opportunity to compete for some 8,000 Merit Scholarships worth more than $32 million. The finalists will be named in the spring. The 47th annual academic competition named fourteen students from Lubbock High, four from Coronado and two from Monterey. Lubbock Independent School District had more National Merit Finalists than any other district in the State of Texas. This item was placed on the agenda at the request of Councilmember Morrison. Presentations were made to the students by their respective principals: Doyle Vogler, Lubbock High School; Jack Booe, Coronado High School; and Dr. Mike Bennett, Monterey High School. Next item to be considered was Item No. 16. (14.) Presentation of a special recognition to Eddie Richardson, Co -Editor of the Southwest Digest, to commemorate his ongoing efforts to educate the public about city government. This item was postponed. (15.) Presentation of a special recognition to Bonner Bennett of the Community Relations Commission for receiving the Cornucopia Award for Individual Commitment from the Volunteer Center of Lubbock. This item was considered following Item No. 12. The Volunteer Center of Lubbock hosts its Fifth Annual Cornucopia Luncheon today. Bonner Bennett, Community Relations Commission member, received the Individual Commitment Award at this luncheon for his dedicated service to the community. Bonner has served on the Community Relations Commission from its inception and has been a very 326 Regular City Council Meeting November 8, 2001 Page 327 active member. He is also a tremendous advocate for the disabled community, having become disabled himself late in life due to health complications. Besides the Community Relations Commission, Bonner serves on the Coalition of Texans with Disabilities, the Texas Association of Mayor/County Committee for People with Disabilities, and the Texas Architecture Barrier Commission. Bonner has excellent leadership, organizational, and fundraising skills that he utilizes to promote community inclusion and independent living for people with disabilities. The Cornucopia Award for Individual Commitment reflects that dedication to serving others, and Mayor Sitton made the presentation to Mr. Bennett for his volunteerism Next item to be considered was Item No. 13. CONSENT AGENDA (Items 16-18, 20-34) Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to approve Items 16-18, 20-34 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Approval of Minutes: October 25, 2001 Regular City Council Meeting This item was considered following Item No. 13. (17.) ORDINANCE #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 (second and final 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. (18.) ORDINANCE #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 (second and final 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. Next item to be considered was Item No. 20. (19.) ORDINANCE #2001-00087—Amending Chapter 14 of the Code of Ordinances entitled "Licenses & Business Regulations" by adding Article XII, that will require burglary and robbery alarm system users to obtain a permit for their alarm system (second and final reading). 327 Regular City Council Meeting November 8, 2001 Page 328 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. This item was moved to Regular Agenda and was considered following Item No. 34. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 2000-00087 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. (20.) Resolution No. 2001-RO468 authorizing the Right -of -Way Department to make an offer to Thomas Edward Landers for Lot 10, Block 4, West Acres Addition to the City of Lubbock for a City Park (1102 East Marlboro Street). RESOLUTION NO.2001-RO468 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 parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot 10, 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 owner of above -described parcel of land being Thomas Edward Landers BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,000.00 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 328 Regular City Council Meeting November 8, 2001 Page 329 simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 8th day of November, 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 This item was considered following Item No. 18. 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. Thomas Edward Landers owns Lot 10, Block 4, West Acres Addition. He has agreed to sell this lot for $2,000. He originally wanted $6,000. This lot is on the tax roll for less than his asking price, but by paying this, staff save appraisal and condemnation costs for this out of area owner. This resolution authorizes condemnation proceedings to acquire this parcel if our offer is refused. Staff recommended approval of this resolution. (21.) Resolution No. 2001-RO469 accepting Primary Street Maintenance Improvements constructed by Nest Texas Paving, Inc., under the 2001 Primary Streets Maintenance Program. RESOLUTION NO.2001-RO469 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 primary 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 BE and the same are hereby accepted and the City Street 329 Regular City Council Meeting November 8, 2001 Page 330 Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $32,040.47. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON _ WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney This item is a routine acceptance of the 2001 Primary Streets Maintenance Program, which consisted of various types of patching, widening, and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $735,145.25. Final contract price is $803,534.78. Patching and seal coat work for the Airport and other departments accounted for $69,796.30, which came from their accounts. Final payment due the contractor upon acceptance is $32,040.47. Adequate funds are available in the Permanent Street Maintenance Fund for this payment. Staff recommended approval of this resolution and release of the final $32,040.47 of the contract to the contractor. (22.) Resolution No. 2001-RO470 authorizing the Mayor to execute a lease agreement between United States Government —Federal Aviation Administration and the City of Lubbock. RESOLUTION NO.2001-RO470 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease, by and between the City of Lubbock, Texas and the United States of America of a storage building site at Lubbock International Airport. Said Lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 330 Regular City Council Meeting November 8, 2001 Page 331 APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Lease is filed with Resolution No. 2001-R0470. For the past 35 years, the Federal Aviation Administration has leased a small storage facility located adjacent to the west terminal building at Lubbock International Airport. The building has been leased to the FAA through a series of short-term lease agreements, the most recent of which expired on September 30, 2001. The FAA has expressed its desire to continue leasing the building for storage purposes. The term of the new agreement began on October 1, 2001 and will run for a period of one year. Thereafter, the lease will run on a month -to -month basis through September 30, 2003. The building will be utilized to store equipment for the maintenance of FAA navigational aids. In accordance with FAA grant assurances, the lease is being provided at no cost to the federal government. Staff recommended approval of this resolution. (23.) Resolution No. 2001-RO471 to approve a revised Investment Policy and Investment Strategy. RESOLUTION NO.2001-RO471 WHEREAS, on August 25, 1995, the City Council of the City of Lubbock adopted Resolution #4933 which established an investment policy for the City of Lubbock; and WHEREAS, on December 18, 1997, the City Council of the City of Lubbock adopted Resolution #5728 which revised the City's investment policy so as to comply with changes to the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted Resolution #5867 which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); and WHEREAS, on November 4, 1999, the City Council of the City of Lubbock adopted Resolution #6600 which revised the City's investment policy so as to make minor "housekeeping" changes and bring the current investment policy into compliance with House Bill 3009; and WHEREAS, on November 27, 2000, the City Council of the City of Lubbock adopted Resolution #2000-R0418, which revised the City's investment policy so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (chapter 2256 of the Texas Government Code); and WHEREAS, the City Council has reviewed and approved the City of Lubbock Texas Investment Policy and Investment Strategy and desires to make certain changes thereto so as to amend current practices and strategies and clarify current provisions, which revisions comply with the Public Funds Investment Act (Chapter 2256 of the Texas Government Code); NOW THEREFORE, 331 Regular City Council Meeting November 8, 2001 Page 332 IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock investment policy and investment strategy, as reviewed and amended in the attached document entitled "City of Lubbock, Texas, Investment Policy and Investment Strategy" which is hereby incorporated in this Resolution as if fully set forth, BE approved and adopted for the City of Lubbock, Texas, and shall be included in the minutes of the Council. Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director of Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney An annual review by the City Council of the City of Lubbock Investment Policy and Investment Strategy is required by the Public Funds Investment Act (Government Code 2256.005e). The Investment Policy and Investment Strategy has been updated to reflect minor changes as recommended by the City's Investment Review Committee (IRC). The agenda back-up information includes a "red -lined" version of the Policy/Strategy to highlight all changes that have been made at this time. The City Manager has appointed members to the IRC, which is mandated by the City's Investment Policy and Investment Strategy. The IRC recommended approval of this resolution. (24.) Resolution No. 2001-RO472 to reimburse bond -funded capital expenditures electric system improvements with proceeds of future debt. RESOLUTION NO.2001-RO472 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for electric system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and 332 Regular City Council Meeting November 8, 2001 Page 333 WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $6,900,000. Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Beverly Hodges Beverly Hodges, Managing Director Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney Bond -funded capital projects for the City's Electric System were approved in the 2001-2002 Capital Projects Budget. The City Council considered any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2001-2002 fiscal year. For authorized construction projects, there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City declared its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allows reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $6,900,000. (25.) Resolution No. 2001-RO473 authorizing the Mayor to execute an agreement between the City of Lubbock and HayCo Consulting to develop a software application for the City of Lubbock. RESOLUTION NO. 2001-RO473 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 HayCo Consulting, to develop a software application for the City of Lubbock, 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. 333 Regular City Council Meeting November 8, 2001 Page 334 334 Regular City Council Meeting November 8, 2001 Page 335 Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Claude Jones Claude Jones, Interim Chief of Police 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-R0473. This resolution is to engage the firm of HayCo Consulting, Lubbock, Texas, to develop a payroll time entry enhancement tool that will be used to streamline the process of capturing and accumulating time worked (both standard and exception time) by police officers and provide a mechanism for input into the JD Edwards payroll system. The tool will be based on technology resident in MicroSoft Office products, including but not limited to MicroSoft Excel and MicroSoft Access, as well as commercially available hardware. The tool will encompass all events and shifts currently supported by the Lubbock Police Department. At the direction of a group of committee members, including Police Department, Finance, and Information Technology personnel, it is recommended that the City contract with HayCo Consulting (Tom Haymes, sole -proprietor) to develop a tool to enhance the efficiency of performing the bi-weekly time entry function for payroll. The Police Department patrol division has various shifts and various types of pay that dictate differing calculations as to how to pay them. Historically, the pay clerks for the Police Department patrol division have had to keep track manually of numerous events, which are supported by the police officers, as well as the time worked on each event. Separate time slips are used for each officer for each event. Thousands of slips have to be signed by shift commanders authorizing the pay. Each pay period the pay clerk must manually accumulate these individual time slips and enter the time by category in the JD Edwards payroll system for the computation of gross pay. It is not uncommon for the pay clerk to be involved in accumulating and calculating pay by pay type the entire two - week period. What HayCo will provide the City is an automated tool, using electronic touchpad screens, proximity badge readers, and complex macros written in MicroSoft Excel and Access to accumulate time by event and pay type and develop an "automatic" link that will upload the time into the JD Edwards payroll system. This tool will dramatically enhance the timeliness and accuracy of the bi-weekly time entry process. The time saved by the pay clerk will be dramatic and allow the employee to create time to be used in other areas. 335 Regular City Council Meeting November 8, 2001 Page 336 The contract rate for Mr. Haymes' services is $50 per hour and will also include the cost of necessary hardware to be used in the tools operation. The Police Department engaged the services of Mr. Haymes and has paid him approximately $20,000 to date for his services. At this time the project is approximately 80% complete. The total anticipated costs for labor and hardware are not expected to exceed the amount budgeted for the project of $40,000. Staff recommended approval of this resolution. (26.) Resolution No. 2001-RO474 entitling the City of Lubbock to cast 1,143 votes in the election of Board Members to serve as Appraisal District directors for the Lubbock Central Appraisal District. RESOLUTION NO.2001-RO474 WHEREAS, Section 6.03 of the Tax Code of the State of Texas applies to and is controlling on the City of Lubbock, Texas as a taxing unit; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the Chief Appraiser has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1,143 votes in the election of the District's Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1,143 votes of the City of Lubbock are cast for the candidates for the Lubbock Central Appraisal District Board of Directors as follows: NAME NO. OF VOTES W. B. Criswell 228 Arlee Jackson 228 Regina Johnston 229 LeRoy Montoya 229 Marland Ribble 229 THAT a copy of this Resolution BE submitted to the Chief Appraiser before November 15, 2001, in order that the votes of the City of Lubbock may be counted. Passed by the City Council this 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra Forte, Deputy City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney/Office Practice 336 Regular City Council Meeting November 8, 2001 Page 337 The names of the nominees have been submitted to the Chief Appraiser. The City of Lubbock is entitled to vote for one candidate for each position to be filled on the board of directors. Before October 15, the City of Lubbock, along with other governing bodies, was entitled to nominate by resolution one candidate for each position to be filled on the board of directors. The current board members are W.B. Criswell, Arlee Jackson, Regina Johnston, LeRoy Montoya, and Marland Ribble. All board members are eligible for and willing to accept reappointment. Directors will serve two-year terms beginning January 1, 2002. Section 6.03, Property Tax Code, established the selection process for Appraisal District directors. According to this section of the Code, the City of Lubbock is entitled to 1,143 votes of the total 5,000 number of votes. Before October 30, the chief appraiser was to prepare a ballot listing the candidates and deliver the ballot to the governing bodies, including the City of Lubbock, that are entitled to vote. Before November 15, each governing body shall determine its vote by resolution and submit to the Chief Appraiser. The Chief Appraiser will count the votes before December 1 and declare the five candidates who receive the largest cumulative vote totals elected. The results will be submitted to the governing bodies and to the candidates. The Chief Appraiser will resolve a tie vote. Staff recommended approval of this resolution (27.) Resolution No. 2001-RO475 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Salvation Army from the Emergency Shelter Grant. RESOLUTION NO.2001-RO475 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 Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army for the Essential Services program from the Emergency Shelter Grant program 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 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager 337 Regular City Council Meeting November 8, 2001 Page 338 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0475. Grantee: Salvation Army Program: Operations Funding Source: 2001-2002 Emergency Shelter Grant Use of Funds: This program will provide shelter/operating funds. Amount: $5,772 Match: 100% Return of Investment: Not required for Emergency Shelter Grant Terms: October 1, 2001 through September 30, 2002 Comments: Funding for this contract was approved by City Council at the June 26, 2001 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval of this resolution. (28.) Resolution No. 2001-RO476 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and Salvation Army from the Emergency Shelter Grant. RESOLUTION NO.2001-RO476 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 Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army for the Operations program from the Emergency Shelter Grant (ESG) program 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 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager 338 Regular City Council Meeting November 8, 2001 Page 339 APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0476. Grantee: Salvation Army Program: Essential Services Fundina Source: 2001-2002 Emergency Shelter Grant Use of Funds: These funds will be used to provide assistance such as prescriptions and food to the low-income. Location: Salvation Army outreach center Amount: $24,750 Match: 100% Return of Investment: Not Required for Emergency Shelter Grant. Terms: October 1, 2001 through September 30, 2002 Comments: Funding for this contract was approved by City Council at the June 26, 2001 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval of this resolution. (29.) Resolution No. 2001-RO477 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Salvation Army from the Emergency Shelter Grant. RESOLUTION NO.2001-RO477 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 Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army for the Homeless Prevention program from the Emergency Shelter Grant program 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 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 339 Regular City Council Meeting November 8, 2001 Page 340 APPROVED AS TO CONTENT: /s/ Nancy Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2001-R0477. Grantee: Salvation Army Program: Homeless Prevention Funding Source: 2001-2002 Emergency Shelter Grant Use of Funds: This project will provide funds to assist those at risk for homelessness by providing rent and other assistance. Amount: $33,300 Match: 100% Return of Investment: Not required for Emergency Shelter Grant Terms: October 1, 2001 through September 30, 2002 Comments: Funding for this contract was approved by City Council at the June 26, 2001 City Council meeting. The contract is available for review in the City Secretary's Office. Staff recommended approval of this resolution. (30.) Consider the price and conditions of sale of Parcel 93440-38-20 at 2604 Fir Avenue, legally described as Lot 3, Block 38, Wheelock's Second Addition of the Coronado Urban Renewal Plan in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to J. B. Mason for $400. The property is to be redeveloped with a new 1,100 square foot single family residence valued at $58,000. The lot is properly zoned for residential development. The proposed sale was approved by the Urban Renewal Board of Commissioners on August 9, 2001. Staff recommended approval of this sale. (31.) Resolution No. 2001-R0478/RFP #161-01/RW - Long Term Disability Insurance (Human Resources). RESOLUTION NO.2001-RO478 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 long term disability insurance, by and between the City of Lubbock and Canada Life Assurance Company of Dallas, Texas. Said Contract is attached hereto and incorporated in this 340 Regular City Council Meeting November 8, 2001 Page 341 resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of November, 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-R0477. The City of Lubbock provides Long Term Disability (LTD) insurance for all full-time City employees. Canada Life Assurance Company has provided the coverage since December 1, 1995. The current annual cost to the city is approximately $218,201. Employees have the option to purchase an enhanced benefit that reduces the waiting period for income from 180 days to 90 days. The City of Lubbock Purchasing Department solicited proposals for LTD beginning June 28, 2001. Proposals were received from Canada Life Assurance Company, ITT Hartford, Prudential, and Blue Cross Blue Shield of Texas Group Life & Health (BCBS). Each response was evaluated using the following criteria: Cost 25% Financial Stability 20% Communication Abilities 5% Claims Turnaround 20% Management Reports 10% Integrated Systems 10% References/Relevant Experience 10% The selection committee included the City's consultant Randy Martell of Insurance Partners Southwest and Human Resources staff Mary House, Scott Snider, Leisa Hutcheson, and Lou Moore. The respondents were ranked as follows: 341 Regular City Council Meeting November 8, 2001 Page 342 The selection committee recommended, based on cost and level of benefits, contract award to Canada Life Assurance Company. Canada Life's proposal reduces the cost to the City from $218,201 to $190,046, an approximate saving of $28,000 over the fiscal year. Canada Life's proposal also reduces the rate paid by employees for the enhanced benefit from $.140 per $100 of payroll to $.123 per $100 of payroll. Canada Life guaranteed the above rates for a two-year period. The contract will be for a one-year period beginning January 1, 2002, with two one-year renewal options. Staff recommended approval of this resolution and contract award to Canada Life Assurance Company of Dallas, Texas. (32.) Resolution No. 2001-R0479BID #212-01/RS for Westport Apron & Taxiway Expansion (Aviation). RESOLUTION NO.2001-RO479 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 per Bid #212- 01/RS for the Westport apron and taxiway expansion project, by and between the City of Lubbock and Duininck Brothers, Inc. of Roanoke, Texas. 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 8th day of November, 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-R0479. This project involves the construction of a new 780 foot by 360 foot concrete aircraft ramp. It also includes related electrical, lights, signs and shoulders as required by the Federal Aviation Administration. The project will be funded partially (75% or $3,633,692.60) with this year's Airport Improvement Program Entitlement Grant from the Federal Aviation Administration and the balance (25% or $1,211,230.90) will be funded with Passenger Facility Charge collections. The low bid is $4,844,923.50 from Duininck Brothers, Inc. of Roanoke, Texas and is within the System Capital Outlay -Westport Apron and Taxiway Expansion budget. 342 Regular City Council Meeting November 8, 2001 Page 343 (33.) Resolution No. 2001-R0480/BID #213-01/RS for Entrance Road and Canopy Improvements (Aviation). RESOLUTION NO.2001-RO480 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 per Bid #213- 01/RS for the entrance road and canopy improvements project, by and between the City of Lubbock and Sandia Construction, Inc. of Lubbock, Texas. 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 8th day of November, 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/ Amy Sims for William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2001-R0480. This project involves some demolition of asphalt paving and the construction of new taxi and limousine staging lane near the covered parking building at the airport passenger terminal. Work also includes the construction of a new restroom facility for service providers and patrons including the extension of new utilities and communication circuits. The project will be funded partially (90% or $428,795.43) with this year's Airport Improvement Program Entitlement grant from the Federal Aviation Administration and the balance (10% or $47,643.94) will be funded with Passenger Facility Charge collections. The low bid is $476,439.37 from Sandia Construction, Inc. of Lubbock, Texas and is within the System Capital Outlay -Improvement Terminal Building budget. (34.) Resolution No. 2001-R0481/BID #242-01/DC for Motor Control Center Water Utilities). RESOLUTION NO. 2001-RO481 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 #242-01/DC for a motor control center project, by and between the City of Lubbock and 343 Regular City Council Meeting November 8, 2001 Page 344 Brandon & Clark, Inc. of Lubbock, Texas. 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 8th day of November, 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/ Amy Sims for William de Haas William de Haas, Contract Manager/Attorney A copy of the Purchase Order if filed with Resolution No. 2001-R0481. This bid is for the purchase of a motor control center that is required to control the motor speed of two pumps at the Canyon Lakes Booster Station. It is the intent of the operations staff to achieve greater flow control throughout the entire Canyon Lakes water system. The motor control center will control motors, valve actuators, and supply power for the lighting load at this facility. This device allows the operator to control speed of the desired motor from near zero speed to full operating speed and any speed in between the high and low range. The low bid is $34,263 from Brandon & Clark Electric of Lubbock, Texas and is within the Canyon Lakes Booster Station Rehab 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. BUSINESS DEVELOPMENT (35.) Resolution No. 2001-RO482 giving Notice of Intent to enter into a tax abatement agreement with Scott Laboratories, Inc. RESOLUTION NO.2001-RO482 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Scott Laboratories, Inc.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Scott Laboratories, Inc., 344 Regular City Council Meeting November 8, 2001 Page 345 said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 2715 North Loop 289 in the City of Lubbock, Lubbock County, Texas and which is described by the Lubbock Central Appraisal District as Block A Section 17 AB 91 Tract B and B3 of the City of Lubbock, Lubbock County, Texas and further described by metes and bound as follows: BEGINNING at a 1/2" iron rod found for the Northeast corner of this tract in the South right of way line of Loop 289 at the Northwest corner of Tract "A", Youth Center Addition to the City of Lubbock, Lubbock County, Texas from whence the Northeast corner of said Section 17 is called to bear North a distance of 218.99 feet and East a distance of 1371.66 feet; THENCE S 0015'23" W, along the West line of said Tract "A", a distance of 304.40 feet to a 3/" iron pipe found at the Northeast corner of that 4.0 acre tract described in Volume 1870, Page 65 of said records for a corner of this tract; THENCE S 89041'43" W, along the North line of said 4.0 acre tract, a distance of 375.70 feet to a'/2" iron pipe found at the Northwest corner of said 4.0 acre tract for an ell corner of this tract; THENCE S 0003'49" E, along the West line of said 4.0 acre tract, a distance of 338.88 feet to a 1/2" iron rod found at the Southwest corner of said 4.0 acre tract for a corner of this tract; THENCE Northwesterly, along a curve to the left having a radius of 872.07 feet and a chord bearing of N 66°12'40" W, a chord distance of 26.42 feet to a'/2" iron rod found for a corner of this tract; THENCE N 67023'54" W a distance of 420.26 feet to a 3/8" iron rod found for the Southwest corner of this tract; THENCE N 0003'43" W a distance of 333.49 feet to a 3/8" iron rod found in the South right of way line of said Loop 289 for the Northwest corner of this tract; THENCE N 79056' 16" E, along said right of way line, a distance of 696.40 feet to a %2" iron rod found at the beginning of a curve to the right having a radius of 5579.58 feet; THENCE Northeasterly, along said right of way line and said curve to the right having a chord bearing of N 80010'05" E, a chord distance of 105.05 feet to the POINT OF BEGINNING. Passed by the City Council this 8th day of November, 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 345 Regular City Council Meeting November 8, 2001 Page 346 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 2001-R0482. The City of Lubbock received an application for industrial tax abatement from Scott Laboratories, Inc. to build a new research and development facility at 2715 North Loop 289 in the North Enterprise Zone. The project for Scott consists of the construction of a 20,000 square foot single story building for offices and shop space. The expected investment in the facility is $650,000. Scott Laboratories will not increase their employment but will retain the existing 14 jobs. The payroll for the existing jobs is approximately $1 million annually. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company. Market Lubbock considered this application at its October 10 Board Meeting and has recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $3,705 Year 2 80% $2,964 Year 3 60% $2,223 Year 4 40% $1,482 Year 5 20% $ 741 The estimated total city abatement over the life of the contract is $11,115. The estimated total county abatement over the life of the contract would be $5,813. The project will add $650,000 in new value to the tax base in the North Enterprise Zone. Under the current guidelines, Scott Laboratories, Inc. is eligible and meets all the criteria for tax abatement. David Sharp, Market Lubbock, Inc. introduced Debra Moore with Scott Laboratories. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 2000-RO482 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PLANNING (36.) Resolution No. 2001-RO483 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. RESOLUTION NO.2001-RO483 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 346 Regular City Council Meeting November 8, 2001 Page 347 of Lubbock and Schrader and Cline, LLC, to assist with the creation of a Tax Increment Financing (TIF) District for the North Overton Area in the City of Lubbock, 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 8th day of November, 2001. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Cram Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Contract is filed with Resolution No. 2001-R0483. On November 2, 2001, the City of Lubbock will receive a petition from a group of owners of property in the North Overton area requesting creation of a tax increment finance district bounded by the Marsha Sharp Freeway on the north, University Avenue on the west, Broadway on the south and the alley between Avenue R and Avenue Q on the east. The proposed district is immediately adjacent to the area currently proposed for a Central Business District TIF. A petition by property owners of more than 50 percent of the taxable value of the area (from the most recent certified tax roll, which is January 1, 2001) is required to begin the process of TIF creation when more than 10 percent of the properties have residential uses. Tax Increment Financing is 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. Projects can be funded on a pay -as - you go basis or the District can borrow money or issue bonds or certificates of obligation to pay for improvements, pledging the proceeds of the TIF district for repayment. The TIF process includes several steps to verify that TIF district creation will be in the best interest of the participating taxing jurisdictions and that the amount of tax revenue will support the debt issued by the district. Schrader and Cline has participated in the creation of many districts throughout Texas and is highly qualified to evaluate this proposal on the city's behalf. They are currently conducting the same analysis for the city for the Central Business District Tax Increment Finance District. The city can be reimbursed for the expenses of the study from the TIF proceeds if the district is established. The contract is effective upon Council approval, and will continue until the creation requirements for the North Overton Area TIF District are completed in 2002. Craig Farmer, Director of Planning, spoke for the staff. 347 Regular City Council Meeting November 8, 2001 Page 348 Staff recommended approval of this Resolution for a not -to -exceed amount of $43,000 for services and reimbursements. Motion was made by Councilmember Hernandez, seconded by Councilmember Morrison to pass Resolution No. 2000-RO483 with the provision that we do so upon verification of the petition that has been submitted to the City Secretary's office. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. (37.) Take appropriate minuted action to accept the resignation of the Police Chief and ratify the action of the City Manager with regard to a settlement agreement of November 1, 2001 with the Police Chief. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to accept the resignation of the Police Chief and ratify the action of the City Manager with regard to a settlement agreement of November 1, 2001 with the Police Chief. Motion carried: 4 Yeas, 3 Nays. Mayor Sitton, Councilmember Hernandez and Councilmember Nelson voted Nay. (38.) Resolution No. 2001-RO484 appointing Acting Police Chief Claude Jones as Interim Police Chief. RESOLUTION NO.2001-RO484 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the appointment of Claude Jones as interim Police Chief of the City of Lubbock day by City Manager Bob Cass. This appointment shall be effective until such time as a new police chief is appointed. Passed by the City Council this 8th day of November, 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 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 2000-RO484 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 11:32 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 12:45 P. M. COUNCIL ADJOURNED M Regular City Council Meeting November 8, 2001 Page 349 There being no further business to come before Council, Councilmember McDougal adjourned the meeting. Read and approved this 3 rcp� day of LgUA✓, 2001. /s/ Windy Sitton WINDY SITTON, MAYOR ATTEST: Reb cca Garza, City Secretary 349