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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/24/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 24, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 24`h day of August, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson CITIZEN COMMENTS Councilman Morrison addressed the Council by reading into the record a letter he had received from Clarence and Jerry Brown. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney, City Manager, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Community Services). 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager; City Secretary). (2•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Energas). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Regular City Council Meeting August 24, 2000 Page 84 Building Board of Appeals Airport Board Appointments Advisory Board Community Development & Services Board Community Relations Commission Permit and License Appeal Board Planning and Zoning Commission Public Transit Advisory Board ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Community Services). 9:40 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. ( 6.) Presentation of a study on East Lubbock development by students of Wayland Baptist University. Councilman Patterson saw this presentation on East Lubbock development at a breakfast at American State Bank, and he asked that it be placed on the work session agenda. These Wayland Baptist students studied several aspects of the overall economic development environment in East Lubbock, and this presentation highlights their findings and presents some basic recommendations. According to the abstract paper the Wayland students provided, their research approach was to first review expert recommendations, look at the City of Lubbock's participation in economic development, and spotlight the areas of discussion that are commonly cited in relation to low-income areas. These areas traditionally include technology, housing, crime, sales taxes, education, and private development. Dr. Kent Brooks is the President of the Lubbock campus of Wayland Baptist University, and he was present along with the students who made the presentation. The students involved in the study are Harold Castillo, John Colwell, Linda DeLeon, David Patton, Diane Pesina, and Lisa Stane. As this is a work session item, no action was necessary and the presentation was given for informational purposes only. ( 7.) Presentation on upcoming Fiestas del Llano celebration by Victor Hernandez, Executive Director of Fiestas del Llano. Victor Hernandez requested to make a powerpoint presentation to the City Council on this annual community -wide event and celebration. This year's Fiestas celebration will take place at the Civic Center, September 13-17, 2000. Fiestas originated in celebrating Mexico's independence from Spain in 1821. Victor Hernandez made this presentation on behalf of Fiestas del Llano. 10:25 A. M. WORK SESSION RECESSED 10:41 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Regular City Council Meeting August 24, 2000 Page 85 Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:41 A. M. ( 8.) Pastor G. Wayne Pope of Alexander Chapel Church of God in Christ gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Sports and Community Venues Advisory Committee Receiving: Gilbert Flores Kerry Session -Griffith Youth Commission Receiving: Eric Benson CITIZEN APPEARANCES (10.) Presentation whereby General Dudley Faver will make Mayor Sitton a Paul Harris Fellow on behalf of the Rotary Club. Rotary Club International is an organization of business and professional leaders united worldwide to provide humanitarian service, encourage high ethical standards in all vocations and help build goodwill and peace in the world. There are approximately 1.2 million Rotarians worldwide. Rotarians honor individuals for setting an example of Rotarian values and for supporting Rotarian efforts in their communities by recognizing them as Paul Harris Fellows. A Paul Harris Fellow distinction is named in honor of Rotary's founder, Paul Harris. It is one of the highest honors that can be bestowed on a Rotarian or individual that supports Rotarian efforts. General Dudley Faver is a retired Air Force General and past President of the Rotary Club of Lubbock, and past District Governor of the local region. General Faver requested that he be given the opportunity to make this presentation to Mayor Sitton at a public forum. General Dudley Faver presented Mayor Sitton with a Paul Harris Fellow certificate and medallion. (11.) Presentation of incentive awards — the July Legendary Service Star Awards and three Cost Savings Suggestion awards The July Legendary Service Star Award for exemplary customer service was presented to the Parks Athletic Field Maintenance Crew - Danny Pool, Jared Qualls, Mark LeCroy, Joe Villanueva, Gilbert Rodriquez, Andrea Campos, Robert Rodriquez, and David Hoover (unable to attend). This crew's efficient work on the Berl Huffman fields after heavy rains on the weekend of June3-4 kept the Hub City Youth Invitation from being cancelled. Forty-nine teams were scheduled for the tournament, with approximately 1,500 participants and spectators. The nomination came from Ivette Eads, Outdoor Recreation Manager EM Regular City Council Meeting August 24, 2000 Page 86 who stated, "They are a big part of the reason why teams want to come to back to Lubbock, Texas and compete again and again." Gold stars, certificates and $50 dinner gifts were awarded to the Legendary Service Star Award recipients. The Cost Savings Suggestion program awards employees, who find innovative ways to save the City money, avoid costs or improve productivity. Ten percent of verified, first -year savings or a cash award for productivity improvement without verified savings is paid to employees. Matthew Hinson, Lubbock Fire Department, received a productivity improvement award for his suggestion of a Rehab Vehicle for the Fire Department. Because of Matt's suggestion, the Fire Department retrofitted a vehicle and installed equipment to monitor health and/or cardiac conditions and to perform firefighter rehabilitation at the fire scene. Although there were costs associated with implementing this suggestion, the potential for savings in terms of medical costs and lives is limitless. Matt received $200 for his "good idea" and for increasing the safety of firefighters. Richard Craig, Mike Green, Terry Sanders, Terry McCreary, Rod Cooper, Victor Hopkins, and Paul Flores at the Water Reclamation Plant submitted a suggestion to install a covered storage area to protect oil barrels and equipment has been verified. The new cover prevents the risk of contaminating both new and used oil allows used oil to be recycled for a profit and brings the facility into compliance with EPA. By taking the initiative to construct a metal roof cover over the exposed oil holding area, the team saved the City $13,397 and will share 10 percent of savings, or $1,339.70. Mike Green, Terry Sanders, Terry McCreary, Rod Cooper, Victor Hopkins, Paul Flores, Steve Kirkwood, and Terry Buzbee with the Water Reclamation Plant submitted a Cost Savings Suggestion on the refurbishing of the chlorine distribution station project. As a team, they renovated the chlorine distribution station to eliminate rust and corrosion in the lines and cylinders. By rehabilitating the station, safety for employees and visitors was improved, losses of $630 per day for non - chlorination of water were avoided and the efficiency of operation improved. Because of the unique nature of the facility and equipment, savings of $77,815 were realized by performing the work in-house. The team will receive the maximum cost savings award of $5,000. City Manager Bob Cass presented the awards. TOP TEN LIST Councilmember David Nelson presented his "Top Ten List of Positive Things About Lubbock". Monday, September 11, 2000 is "National 9-1-1 Day". As most of you know, 9-1-1 is your emergency link to the police, fire and emergency medical services. 9-1-1 public service personnel are available 24 hours a day, 7 days a week to assist you in the event of an emergency. On April 5, 1986, voters of Lubbock County approved the creation of the Lubbock Emergency Communication District as provided in the District Health and Safety Code. 9-1-1 districts are distinct governmental entities created by this statute. Regular City Council Meeting August 24, 2000 Page 87 The mission of the Lubbock Emergency Communication District is to provide the best possible, trouble -free network for the citizens in the city of Lubbock, the County of Lubbock, and the surrounding area to access emergency services by dialing 9-1-1; to provide the best tools (equipment and information) to each service provider agency that will enhance their ability to provide public safety services; and to educate the public on the effective and appropriate use of the 9-1-1 network. The Lubbock Emergency Communication District works closely with our city's Emergency Operations Department to ensure all emergency operations to keep up with the latest technology, and that they comply with federal, state and local regulations. Beginning September 5, there will be a display at the South Plains Mall highlighting the link of 9-1-1 from the public to the public safety emergency responders. There will be inserts in your LP&L bill entitled "Know When to Call" your 9-1-1 emergency number. Also look for inserts in the Lubbock Avalanche -Journal, further disseminating information regarding "National 9-1-1 Day". Now, our Top Ten Tips for Dialing 9-1-1: No. 10 is Let the 9-1-1 dispatcher help you. No. 9 is Use 9-1-1 for people emergencies only. No. 8 is Be calm and stay on the line. No. 7 is Be ready with your name and location. No. 6 is Only call 9-1-1 when you have an emergency. No. 5 is Cell phone callers should know their location. No-4 is Know when to call 9-1-1. No. 3 is Your link to emergency services. No. 2 is Every second counts. No. 1 is Save a life, stop a crime, report a fire. For further information about "National 9-1-1 Day", as well as to make arrangements for a presentation about 9-1-1 to your church, civic club, senior citizen's group or youth group, contact Debra Perry, the Public Education Manager of the Lubbock Emergency Communication District. CONSENT AGENDA (Items 12-46, 48-53, 55-60) Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (12.) Approval of the minutes of the Regular City Council Meetings of July 27, 2000, July 28, 2000, and July 31, 2000. (13.) Ordinance No. 10165 - abandoning and closing a portion of 44`h Street located in Section 16, Block B, Lubbock County (3701 44" Street) (second and final reading). Regular City Council Meeting August 24, 2000 Page 88 ORDINANCE NO. 10165 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 44TH STREET LOCATED IN SECTION 16, BLOCK B, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read for the first time as a routine consent agenda item at the June 24, 1999 City Council meeting. After numerous delays and setbacks in completing the final plat, it is now ready for a second reading. The Right -of -Way Department recommended the approval of the second reading of this ordinance. (14.) Ordinance No. 2000-00035 - Adopting the 1998 Master Thoroughfare Plan and approving amendments to Section 24 of the Lubbock Code amending the definition of the official map, definitions and processes related to the Master Thoroughfare Plan, design specifications for streets and concrete alley paving (second and final reading.) ORDINANCE NO.2000-00035 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING "FREEWAY" TO DEFINITIONS AND DELETING THE DEFINITIONS FOR "RESIDENTIAL" AND "ALLEY" IN SECTION 24-131; BY AMENDING SECTION 24-133 ESTABLISHING AND ADOPTING THE MASTER THOROUGHFARE PLAN MAP; BY AMENDING SECTION 24-134 REQUIRING THE PLANNING DEPARTMENT TO MAINTAIN A COPY OF THE MASTER THOROUGHFARE PLAN MAP; BY REPEALING SECTION 24-135 AND SECTION 24-136; BY AMENDING SECTION 24-138 TO ESTABLISH THAT THE CITY COUNCIL MAY CHANGE THE MASTER THOROUGHFARE PLAN SUBJECT TO THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION; BY AMENDING SECTION 24- THE REQUIRE PLANS TO CONFORM TO SUBDIVISION REGULATIONS (CHAPTER 25); RESERVING SECTIONS FOR FUTURE USE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (15.) Ordinance No. 2000-00036 - Zone Case No. 2828-A (west of Vicksburg from 100`h Street to 103rd Street): Request of Burl Masters (for Excel Development) for a zoning change from R-1 Specific Use for 20-foot setback to R-1 Specific Use for garden homes on Lots 57A-66A, Sunridge Addition, allowing a 5-foot side yard adjacent to a street on Lots 58A and 64A, Sunridge Addition (second and final reading). Regular City Council Meeting August 24, 2000 Page 89 ORDINANCE NO.2000-00036 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2828-A; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR 20 FOOT SETBACK TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 58A-66A, SUNRIDGE ADDITION, LUBBOCK, TEXAS: PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 2000-00037 - Zone Case No. 2461-A (6001 Slide Road): Request of Randy Egenbacher (for Furr's/Bishop's Cafeterias, L.P.) for a zoning change from C-2A Specific Use to C- 2A on Tract A, Piedmont Addition (second and final reading). ORDINANCE NO.2000-00037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2461-A; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2A ZONING ON TRACT A, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 2000-00038 - Zone Case No. 2885 (north of 66`h Street and east of Frankford Avenue): Request of Ross Rushing (for Lubbock Commercial Buildings, Inc.) for a zone change from C-2 to C-3 Specific Use for a convenience store with a reduced front setback for a gasoline pump island canopy on an unplatted .504 acre tract of land out of the southwest corner of Section 28, Block E-2 (second and final reading). ORDINANCE NO. 2000-00038 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2885; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE ZONING ON ON AN UNPLATTED .504 ACRE TRACT OF LAND OUT OF THE SOUTHWEST CORNER OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2000-00039 - Zone Case No. 2886 (7113 Brownfield Highway): Request of Betty Payne for a zone change from T to IHC and C-4 Specific Use for mini -warehouses on an unplatted .442 acre tract of land out of Section 30, Block AK (second and final reading). ORDINANCE NO. 2000-00039 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2886; A ZONING CHANGE FROM T TO IHC AND C-4 SPECIFIC USE ZONING ON AN UNPLATTED .442 ACRE TRACT OF LAND OUT OF SECTION 30, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Regular City Council Meeting August 24, 2000 Page 90 (19.) Ordinance No. 2000-00040 - Zone Case No. 2887 (100`h Street east of Vicksburg Avenue): Request of Burl Masters (for Excel Development) for a zoning change from T to R-1 Specific Use for a reduced front setback on Lots 137 through 164, Sunridge Addition (second and final reading). ORDINANCE NO.2000-00040 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2887; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON LOTS 137 THROUGH 164, SUNRIDGE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 2000-00041 - Zone Case No. 2502-C (south of 981h Street and east of Quaker Avenue): Request of Henry L. Huneke (for Medallion Development Corporation, H.A. Sessions, and United Supermarkets) for a zoning change from R-2 and C-2 to R-1 Specific Use (Garden Homes), C-2, and C-3 on a 34.7 acre tract of land out of the northwest part of Section 17, Block E-2 (second and final reading). ORDINANCE NO. 2000-00041 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2502-C; A ZONING CHANGE FROM R-2 AND C-2 TO R-1 SPECIFIC USE (GARDEN HOMES), C-2, AND C-3 ZONING ON A 34.7 ACRE TRACT OF LAND OUT OF THE NORTHWEST PART OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2000-00042 - Zone Case No. 2884 (1102 17`h Street): Request by Joe D. McKay (for the Salvation Army) for a zoning change from C-4 to C4 Specific Use for a homeless shelter and a halfway house for early release programs on Lots 11-18, Block 196, Original Town (second and final reading). ORDINANCE NO. 2000-00042 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2884; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A HOMELESS SHELTER AND A HALFWAY HOUSE FOR EARLY RELEASE PROGRAMS ZONING ON LOTS 11-18, BLOCK 196, ORIGINAL TOWN, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) Ordinance No. 2000-00043 replacing or amending certain sections of the Code of Ordinances of the City of Lubbock, Texas, which have become obsolete, superseded or not longer needed (first reading). 01 Regular City Council Meeting August 24, 2000 Page 91 ORDINANCE NO. 2000-00043 AN ORDINANCE REPEALING OR AMENDING CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH HAVE BECOME OBSOLETE, SUPERSEDED OR NOT LONGER NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Several months ago staff began reviewing the Code of Ordinances for _ sections that have become obsolete because of changes in practices or policies were superseded by state or federal law or were not otherwise needed. Input was solicited from all City departments and the proposed ordinance changes developed accordingly. Staff recommended City Council approval of the proposed ordinance. (22.) Resolution No. 2000-RO269 authorizing the Right -of -Way Department to make an offer to Leona Robbins and Royene Tivis for Lot 4, Block 2, Holmes Addition to the City of Lubbock (506 East Regis). RESOLUTION NO.2000-RO269 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 purpose, to -wit: for the Regis Street Greenbelt Park Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION 1. THAT the fee simple title to the following described tract 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 Four (4), Block Two (2), Holmes Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract, being Leona Robbins and Royene Tivis, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,240 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 24`' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 91 Regular City Council Meeting August 24, 2000 Page 92 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice This 124-foot by 125-foot vacant lot along the south side of East Regis Street just east of North Elm Avenue is needed for the Regis Street Greenbelt Park project. This is a joint project between the Parks Department and the Aviation Department. The Greenbelt Park will run from I-27 eastward to Martin Luther King, Jr. Boulevard and will require the acquisition of all the properties along the south side of East Regis Street. There will be 34 parcels in all, 17 vacant land tracts and 17 land and improvement tracts. The Right -of -Way Department has sent letters out to all property owners who had addresses to visit with them about this project and staff has already met with several owners personally. To begin acquisitions, the City has been offering these property owners tax office value for their property in hopes of avoiding appraisal costs. Lot 4, Block 2 Holmes Addition is on the tax roll for $1,240 and the owners have agreed to sell it for this amount. The Right -of -Way Department recommended the approval of this offer to Mrs. Robbins and Mrs. Tivis. (23.) Resolution No. 2000-R0270, Resolution No. 2000-R0271, Resolution No. 2000-R0272-authorizing the Right -of -Way Department to make offers to fourteen owners for three parcels of right-of-way for the East-West Freeway Railroad Relocation Project (9010 19' Street, North Frankford & U.S. 84). RESOLUTION NO. 2000-RO270 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, 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 of the surface estate to the 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: PARCEL NO. OWNER'S NAME AMOUNT 1RR-57 The Estate of JANIE REBECCA $500.00 WILBANKS, Deceased 92 Regular City Council Meeting August 24, 2000 Page 93 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being The Estate of JANIE REBECCA WILBANKS, Deceased BE offered through the Right -of - Way Department of the City of Lubbock the amount of $500.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0270. RESOLUTION NO.2000-RO271 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 the East-West Freeway Railroad Relocation Project, 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 of the surface estate to the 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: 93 Regular City Council Meeting August 24, 2000 Page 94 PARCEL NO OWNER'S NAME AMOUNT IRR-60 M. J. HUFFAKER, also known as MAURICE $500.00 HUFFAKER, The CALINA TRUST, WAYNE HUFFAKER, GERALD HUFFAKER, JOHN HUFFAKER, JOYCE HUFFAKER, ROGER DOUGLAS HUFFAKER, and the Estate of DONALD HUFFAKER, Deceased. SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being M. J. HUFFAKER, also known as MAURICE HUFFAKER, The CALINA TRUST, WAYNE HUFFAKER, GERALD HUFFAKER, JOHN HUFFAKER, JOYCE HUFFAKER, ROGER DOUGLAS HUFFAKER, and the Estate of DONALD HUFFAKER, Deceased BE offered through the Right -of -Way Department of the City of Lubbock the amount of $500.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24t' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of Exhibit "A" is filed with Resolution No. 2000-R0271. &II Regular City Council Meeting August 24, 2000 Page 95 RESOLUTION NO.2000-RO272 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, 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 of the surface estate to the 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: PARCEL NO. OWNER'S NAME AMOUNT 1RR-61 NANCY MARIE HUGHES, AKA NANCY $500.00 MARIE HODGES LANEHART, THE HELEN HODGES EDUCATIONAL CHARITABLE TRUST, EDITH HELEN SHOBE, AKA EDITH HELEN HODGES SHOBE AND KERWIN B. STEPHENS, THE FIRST CHRISTIAN CHURCH OF LUBBOCK, TEXAS SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being NANCY MARIE HUGHES, AKA NANCY MARIE HODGES LANEHART, THE HELEN HODGES EDUCATIONAL CHARITABLE TRUST, EDITH HELEN SHOBE, AKA EDITH HELEN HODGES SHOBE AND KERWIN B. STEPHENS, THE FIRST CHRISTIAN CHURCH OF LUBBOCK, TEXAS BE offered through the Right -of -Way Department of the City of Lubbock the amount of $500.00 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forth with, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B Garza Kaythie Darnell, City Secretary 95 Regular City Council Meeting August 24, 2000 Page 96 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Exhibit "A" is filed with Resolution No. 2000-R0272. These three parcels of right-of-way are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These parcel numbers and property owners are: 1RR57 - The Estate of Janie Rebecca Wilbanks, deceased; 1RR60 - M.J. Huffaker, the Calina Trust, Wayne Huffaker, Gerald Huffaker, John Huffaker, Joyce Huffaker, Roger Douglas Huffaker, and the Estate of Donald Huffaker, deceased; 1RR61 - Nancy Marie Hughes, The Helen Hodges Educational Charitable Trust, Edith Helen Shobe, Kerwin B. Stephens, and the First Christian Church of Lubbock, Texas. Parcels 1RR57 and 1RR60 are located in the highway right-of-way of 19"' Street between FM 179 (Inler Avenue) and Quitsna Avenue and Parcel 1RR61 is located in the highway right-of-way of Clovis Highway (US 84), just east of North Frankford Avenue. TxDOT acquired these three parcels of highway right-of-way through easement or county court road dedication many years ago and they now need to be acquired in fee simple title to legally allow the new railroad to cross these highway areas. Parcels 1RR57 and 1RR60 measure 100-feet by 15-feet and contain 1,500 square feet each. Parcel 1 RR61 is odd -shaped and contains 2,178 square feet. Tommy Cantrell, MAI, appraised each of these parcels for $500 each which is the City's offer to the three sets of property owners. The resolutions being presented before the City Council ask for approval of these offers to the property owners for these parcels. The resolutions authorize the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of these offers to the property owners. (24.) Resolution No. 2000-R0273 authorizing the Right -of -Way Department to make an offer to American State Bank, Lubbock, Texas, and its successors, as Trustee of the Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provision of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24, 1994, as amended, for a drainage easement located in Section 6, Block J-S, Lubbock County, North Frankford Avenue widening project (1602 North Frankford Avenue). M Regular City Council Meeting August 24, 2000 Page 97 RESOLUTION NO.2000-RO273 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 the North Frankford Widening Project, 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 permanent drainage easement 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: OWNER'S NAME AMOUNT American State Bank, Lubbock, Texas, and its successors, as Trustee $ 1,550.00 of The Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provisions of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24, 1994, as amended. SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being American State Bank, Lubbock, Texas, and its successors, as Trustee of The Randolph T. Mills Unitrust for Lois Mary Mills created under the terms and provisions of the Last Will and Testament of Randolph T. Mills, and American State Bank, Lubbock, Texas, and its successors, as Trustee of the Lois Mary Mills 1987 Management Trust dated March 24, 1994, as amended BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes, Passed by the City Council this 24"' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent 97 Regular City Council Meeting August 24, 2000 Page 98 APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0273. At the June 20, 2000 City Council meeting the City Council approved a contract for right-of-way procurement with the Texas Department of Transportation for the acquisition of drainage easements for TxDOT's North Frankford Avenue widening project. Originally, two drainage easements were to be acquired but due to a design change, only one will be needed. This 50-foot by 500-foot drainage easement to be acquired for TxDOT is located on the east side of North Frankford Avenue at the half section line north of Erskine Avenue. The City had Jim Bowman, MAI, appraise this easement for an offer to American State Bank as trustee of $1,550. The resolution being presented before the City Council asks for approval of this offer to the property owner for this parcel. This resolution authorizes the Right -of -Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire this easement. The Right -of -Way Department recommended the approval of this offer to the American State Bank as Trustee. (26.) Resolution No. 2000-RO274 authorizing the Mayor to execute a monitor well permit with Ince Oil company for use of the City street (2512 Santa Fe Drive). RESOLUTION NO.2000-RO274 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Ince Oil Company. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24°i day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent 8-1 Regular City Council Meeting August 24, 2000 Page 99 APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of the Permit is filed with Resolution No. 2000-R0274. This monitor well permit allows Llano -Permian Environmental to drill a monitor well in the south parkway of Santa Fe Drive, just west of University Avenue. At 202 North University is a closed Ince Oil Company gas station which the TNRCC has identified as having a leaking fuel tank and the TNRCC has requested that monitor wells be drilled adjacent to this store site to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this permit. The Right -of -Way Department recommended the issuance of this monitor well permit. (27•) Resolution No. 2000-RO275 directing the City Engineer to prepare and file estimates and assessment rolls to pave portions of 98`h Street and Milwaukee Avenue included in an assessment program. RESOLUTION NO.2000-RO275 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the government body of the City of Lubbock as heretofore ordered and provided for the improvement of portions of sundry streets, highways and avenues in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT STREETS AND AVENUES 2386-003 98TH Street from Indiana Avenue to University Avenue 2386-004 Milwaukee Avenue from FM 2255 (4' Street) to 34' Street WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION 1. THAT the Engineer of the City BE and he hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property, showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may levied. Regular City Council Meeting August 24, 2000 Page 100 SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Subchapter D of Chapter 314 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kay hie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice Section This is the fourth of five resolutions associated with an assessment paving program. The proposed paving improvements are as follows: 98th Street from Indiana Avenue to University Avenue Milwaukee Avenue from FM 2255 (4t' Street) to 30' Street This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners and proposed assessment rates. Staff recommended approval of this resolution. (28.) Resolution No. 2000-RO276 directing the City Engineer to prepare plans and specifications for construction of paving improvements in the north -south alley between Buddy Holly Avenue and Texas Avenue from 17" Street to 18'b Street, and authorizing the City to participate in ten percent of the cost of the improvements. RESOLUTION NO.2000-RO276 WHEREAS, the City Council has heretofore determined that the City would contribute the customary City portion of the cost of alley paving improvements, as determined by City of Lubbock paving policy, to be constructed as approved by the City Engineer, and the Owners of the property abutting the N-S alley between Buddy Holly Avenue and Texas Avenue from 17' Street to 18' Street, have requested permission to have pavement improvements constructed on the aforementioned alley and the paving of said alley is needed to provide access to the area during its 100 Regular City Council Meeting August 24, 2000 Page 101 construction period, and the City Engineer has approved the plans and specifications for such improvements; and WHEREAS, the Owners of the property abutting on the herein described alley will contract separately with a competent contractor for the above alley improvements, and said improvements will be constructed in accordance with the above -mentioned plans and specifications under the supervision of the City Engineer, and the said Owners desire that the City Contribute its customary share towards such paving; and WHEREAS, the contract cost of the paving improvements will not exceed $10,237.50 the total cost not over $10,851.75 and the City's share in connection therewith would not exceed $1,085.18, leaving the property owner's portion not to exceed $9,766.57, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the city and all other persons affected thereby, and that the sum of $1,085.18 will be duly budgeted; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the alley herein described, provided that such plans and specifications meet the usual requirements for paving on alleys within the corporate limits of the city of Lubbock; said alley being as follows, to -wit: The N-S alley between Buddy Holly Avenue and Texas Avenue from its intersection with the South Lip Line of 17' Street to its intersection with the North Property Line of 18' Street known and designated as Sub -unit Number 96 of Unit Number A-461. The City Engineer is further authorized and directed to duly inspect said paving construction on said alley and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the Contractor in full and final payment of the City's share of the cost of the above -mentioned improvements a sum not to exceed $1,023.75 which is the City's share ($1,085.18 less $61.43 engineering) leaving the amount due the Contractor from the property owners not to exceed $9,213.75. Section 2. This authority is conditioned that the Owners of abutting property and the Contractor will pay for all materials and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the Contractor and his subcontractors, if any, are adequately covered by public liability and property damage insurance policies, that the said Owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be permanent part of said alley and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $1,023.75 to the Contractor. 101 Regular City Council Meeting August 24, 2000 Page 102 Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney Luther Avitts, the sole property owner abutting the north -south alley between Buddy Holly Avenue and Texas Avenue from 17' Street to 18' Street, has requested City participation in the cost of constructing paving improvements in that alley. The City Paving Policy provides for the City to participate in the cost of street and alley paving by resolution in an amount equivalent to the City's cost related to assessment paving — 10% of the engineering and construction costs. The total cost of the construction and engineering is $10,851.75 and the City's share of the cost will be $1085.18. Staff recommended approval of this resolution. (29.) Resolution No. 2000-RO277 authorizing the Mayor to execute Contract No. 51105F-1017 with the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. RESOLUTION NO. 2000-RO277 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract between the City of Lubbock and the Texas Department of Transportation, for operating assistance, 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 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 102 Regular City Council Meeting August 24, 2000 Page 103 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0277. TxDOT is allocating $1,256,690 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2000-2001. The $1,256,690 is included in the Citibus budget for FY 2000-2001 that has been previously reviewed by City Council. The contract is effective from September 1, 2000, and shall terminate on August 31, 2000. Acceptance of the amendment will result in no additional cost to the City of Lubbock. Citibus recommended the approval of Contract No. 51105F-1017. (30.) Resolution No. 2000-RO278 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract for public health services between the City and Texas Department of Health, including Change No. 01, and any associated documents. RESOLUTION NO. 2000-RO278 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Public Health Services between City and the Texas Department of Health, including Change No. 01, (TDH Document #7560005906A2001), a copy of which Contract, including Change No. 01, is attached hereto and any associated documents, which Contract 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 24`' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Director 103 Regular City Council Meeting August 24, 2000 Page 104 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0278. This year's annual contract with the Texas Department of Health, TDH Document No. 7560005906-2001, totals $454,311 and includes both financial and direct assistance. This will provide preventive, health promotion and direct services in the areas of Epidemiology, Immunization, Tuberculosis Elimination, Sexually Transmitted Diseases, Population -Based Services, Cancer Prevention activities, and HIV/AIDS Surveillance. This is an increase of $38,279 from last fiscal year, due primarily to changes in the Immunization attachment #3. All other programs as outlined in the contract are continuing operations from previous years. Contract distribution is as follows: Milk and Diary (attachment O1). The Milk and Dairy Testing Attachment (01) is a part of the annual contract with the Texas Department of Health. The Health Department Regional Laboratory is reimbursed for laboratory analysis of milk and dairy samples at a specified rate, depending on what kind of analysis is performed. The Lab performs over 3,000 tests on the more than 700 samples submitted each year. These activities include full program cost recovery and are directly related to protection of the public. Since the lab is reimbursed for the full cost of testing, no total dollar amount is specified in the contract. Tuberculosis Control (attachment 02). The TB Control attachment of $19,998 provides salary, fringe benefits and travel for a Health Aide who follows up on all individuals tested positive for tuberculosis. It also includes $829 for indirect (administrative) costs. The Health Aide's job is to ensure that clients with diagnosed, active TB take medications as prescribed. The Health Aide goes to the infected person's home or place of employment to give them their medication, observes for patient drug reaction, monitors family members and other close contacts for TB and screens high risk populations for TB. The average time it takes to complete the drug treatment is between 6 to 9 months depending on the drug regimen prescribed by the physician. This activity effectively limits disease spread and the development of drug resistant forms of Tuberculosis. Lubbock averages about 12 new cases of TB each year. Immunizations --Epidemiology (attachment 03). The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, correctional facilities, at day care centers, the South Plains Mall, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine -preventable diseases. For example, last year, the Health Department scheduled over 46 clinics to provide the flu vaccine. Staff continue to collaborate with LISD, Shots Across Texas, TTUHSC School of Nursing and Methodist Hospital School of Nursing to provide Hepatitis B immunization to eligible 7th- 9th grade students. During the current fiscal year 88 clinics were scheduled at LISD and reached 3,834 students. Salaries and fringe benefits for a Registered Nurse, a Licensed Vocational Nurse and a Secretary to run the program are included in this 104 Regular City Council Meeting August 24, 2000 Page 105 attachment of $107,153, an increase of $38,797 from last year. This year the contract does not reflect a dollar amount for the vaccine provided to the Lubbock Health Department. During the current fiscal year, the vaccine is valued at approximately $145,875. However, TDH will continue to provide sufficient vaccine to meet our needs, at no cost to the City. Preventing diseases by the use of vaccine is considered a core service of Public Health, and good public health practice provides that you do not miss an opportunity to vaccinate a child when you have a chance. Many parents do not think about immunizing their children until they take them to school at five years of age. Therefore, providing immunizations must utilize a proactive, on -going approach to reach effective levels. This attachment serves to further the Healthy People 2000 goal that 90 percent of children under two years old be adequately immunized. A community with sufficiently high immunization rates avoids disease outbreaks and the cost in human suffering, hospitalization and sometimes even death. Staff believe it is important to keep this clinic operating in the community and that the lives of many children would be at risk without it. Associate For Community Health & Resources Development (attachment 04). This attachment in the amount of $115,687 is a continuation of last year's project and begins Year 5 of this project. For the first three years, Texas Tech University headed this program with collaboration from the City. Texas Tech requested that the City take the lead in Year 4 for this project. The goals of the Population -Based Program are: (1) to address local health needs, (2) to build the local public health infrastructure; and (3) to improve the health status of women, children and families. Funding for projects was first offered in 1997 with 32 projects being run as pilots that focus on disease prevention, health promotion, and community outreach. Year 4 of this project during 1999-2000 will focus on completing a final report that includes evaluation and project findings, continuation of goals set during the first three years, increase awareness and educate the community about substance abuse, and educate women of childbearing years and children about injury prevention. Year 5 of this project during 2000-2001 will continue to pursue Year 1-4 goals by maintaining and sustaining involvement with citizens, neighborhood leaders, and school nurses. Substance abuse campaigns, partnership building, and injury prevention will continue to be major goals in Year 5. The $117,580 in financial assistance provides full salaries, fringe benefits, and travel for two City employees. The amount also includes $54,409 in assistance in the form of supplies, equipment, and other costs. The two employees are currently assigned to the Health Education Section. Regional/Local Health Operations (attachment 05). This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. Qualifying activities include TDH general fund laboratory, S.T.D. and community health education services. Efforts must also be directed at preventing heart disease and cancer. The $94,118 in financial assistance provides salaries and fringe benefits for four City employees, and direct assistance equivalent to $25,642 for one State -paid employee. The one State -paid nurse's services are available at no cost to the City. Of the five employees, two work in the 105 Regular City Council Meeting August 24, 2000 Page 106 S.T.D. program, one works in the laboratory, one in Health Education, and there is one vacancy. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. HIV Surveillance (attachment 06). This $46,713 supports salary, fringe benefits, travel and supplies for the HIV/AIDS Surveillance specialist. In addition, $2,949 of indirect (administrative) costs are included in this attachment. This represents a $6,277 increase from last fiscal year's appropriation. This person does not operate a clinic; rather as a surveillance specialist, the individual is dedicated to investigating cases of HIV and AIDS infection in Lubbock. As of July 1, 2000, over 658 individuals have been diagnosed as HIV positive, 297 have AIDS and 173 individuals have died of AIDS -related complications. One of the primary missions of public health is to monitor the health status of the community by identifying and investigating health problems and health hazards. On- going surveillance is essential in determining the nature and extent of HIV and AIDS infection in Lubbock. Accurate numbers may increase the availability of additional funding from outside sources, in order to provide services to those infected. These programs fulfill the Core Missions of Public Health —those of Surveillance, Prevention, Health Education, and Laboratory support. Without the funding from the Texas Department of Health contract, our local public health efforts would be greatly impaired and the risk of illness in Lubbock citizens would increase. Therefore, staff recommended approval of the resolution. (31.) Resolution No. 2000-RO279 authorizing the Mayor to execute a contract for services with the Texas Tech Health Sciences Center School of Medicine Department of Pediatrics Child Advocacy Research and Education (C.A.R.E.) Center. RESOLUTION NO.2000-RO279 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Services in Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E. Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics, 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. 106 Regular City Council Meeting August 24, 2000 Page 107 Passed by the City Council this 24t' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken Walker Ken Walker, Chief of Police APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0279. This is a renewal of the contract that is currently in existence between the City of Lubbock and the C.A.R.E. Center. The C.A.R.E. Center conducts physical and laboratory examinations of juvenile victims of sexual assault and/or abuse that are referred to them by the Lubbock Police Department. The contract calls for the City of Lubbock to pay the C.A.R.E. Center $450 per child referred to and examined by the Center. Staff recommended the execution of this agreement. (32.) Resolution No. 2000-RO280 authorizing amendment to City Council Rules and Procedures with regard to providing more flexibility on City Council agendas. RESOLUTION NO.2000-RO280 WHEREAS, the City Council has heretofore by Resolution No. 1610 establishes policies and procedures pertaining to the City Council in Volume I of a City of Lubbock Policies and Procedure Manual; and WHEREAS, the City Council finds that it would be in the public interest to make changes in the City of Lubbock Council Rules, Order of Business and Procedure by deleting therefrom the sample agenda, as the City Council agenda format requires regular changes to reflect current conditions; and WHEREAS, pursuant to Section II.B of said Rules, this proposed amendment has been introduced into the record at a prior regular meeting of the City Council; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock Council Rules, Order of Business and Procedures is hereby amended by deleting therefrom of Subsection III.B.11.c, entitled "Agenda Format." The next remaining Subsection d of Section III.B.II shall be renumbered to be Subsection C. 107 Regular City Council Meeting August 24, 2000 Page 108 Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, 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 A copy of the Amendment is filed with Resolution No. 2000-R0280. The City Council agenda format is established in the City Council Rules and Procedures. In order to give staff more flexibility when changes to the agenda format are needed, it has been suggested that the format be removed from the City Council Rules and Procedures. This would require that Subsection III.B.1l.c, entitled "Agenda Format," be deleted from the Council rules and that the next remaining Subsection d be renumbered to be Subsection c. The Council Rules state that amendments must be introduced into the record at a Council meeting prior to being formally adopted. This was done at the July 27, 2000 Council meeting. The agenda item now being presented is for Council to adopt the resolution amending the rules. A complete copy of the rules is enclosed. Staff recommended approval of resolution authorizing this rule change. (33.) Resolution No. 2000-RO281 authorizing the Mayor to execute a non- exclusive contract with Southwestern Bell Wireless to provide wireless telephone service to City departments. RESOLUTION NO.2000-RO281 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Southwestern Bell Wireless, a contract for wireless service and equipment, 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. W •, Regular City Council Meeting August 24, 2000 Page 109 Passed by the City Council this 24ffi day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning_ Sharlett Chowning, Managing Director, Information Technology APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0281. For the past 18 months, the City has used two wireless service providers. Having two providers allows better response in cases of an outage of either service. In December 1999, Southwestern Bell had a switch failure and their wireless service was unavailable for several days. By having the diversity of two vendors, the City was able to continue to provide the same level of service to its citizens. In the case of a disaster which might destroy tower sites, having two vendors will allow the City to provide uninterrupted emergency services. In June, 2000, the City issued a High Technology RFP for wireless telephone service to City departments. Five responses were returned and each was evaluated based upon the following criteria: References/Financial Information 20 % Ease of Usage/Coverage 10 % Reporting Capabilities 20 % Total Monthly Costs 40 % Emergency Plan 10 % The City staff evaluated the responses and found that Western Wireless (dba Cellular One) rated an average 97.3 and Southwestern Bell Wireless rated an average of 92.3. These providers were by far the highest rated providers with the next provider receiving a score of 74.3. Staff proposes a non-exclusive contract with both Southwestern Bell Wireless and Cellular One. Southwestern Bell will contract for a minimum of 100 wireless phones and Cellular One will contract for a minimum of 150 wireless phones. These are the two providers the City has been using; however, the cost has gone from $.21 per minute to $.10 per minute from both providers. The roaming charges will be $.25 per minute for Cellular One and $.65 to $.99 per minute for Southwestern Bell Wireless. These new rates should significantly reduce the costs to the City for wireless phone service. 109 Regular City Council Meeting August 24, 2000 Page 110 Staff recommended approval of this non-exclusive contract with Southwestern Bell Wireless to provide wireless telephone service. (34.) Resolution No. 2000-RO282 authorizing the Mayor to execute a non- exclusive contract with Western Wireless Corporation, dba Cellular One, to provide wireless telephone service to City departments. RESOLUTION NO. 2000-RO282 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Western Wireless Corporation, dba CellularOne, a contract for wireless service and equipment, 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 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chownina Sharlett Chowning, Managing Director Information Technology APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0282. For the past 18 months, the City has used two wireless service providers. Having two providers allows better response in cases of an outage of either service. In December 1999, Southwestern Bell had a switch failure and their wireless service was unavailable for several days. By having the diversity of two vendors, the City was able to continue to provide the same level of service to its citizens. In the case of a disaster which might destroy tower sites, having two vendors will allow the City to provide uninterrupted emergency services. In June, 2000, the City issued a High Technology RFP for wireless telephone service to City departments. Five responses were returned and each was evaluated based upon the following criteria: 110 Regular City Council Meeting August 24, 2000 Page 111 References/Financial Information 20 % Ease of Usage/Coverage 10 % Reporting Capabilities 20% Total Monthly Costs 40 % Emergency Plan 10 % The City staff evaluated the responses and found that Western Wireless (dba Cellular One) rated an average 97.3 and Southwestern Bell Wireless rated an average of 92.3. These providers were by far the highest rated providers with the next provider receiving a score of 74.3. Staff proposes a non-exclusive contract with both Southwestern Bell Wireless and Cellular One. Southwestern Bell will contract for a minimum of 100 wireless phones and Cellular One will contract for a minimum of 150 wireless phones. These are the two providers the City has been using; however, the cost has gone from $.21 per minute to $.10 per minute from both providers. The roaming charges will be $.25 per minute for Cellular One and $.65 to $.99 per minute for Southwestern Bell Wireless. These new rates should significantly reduce the costs to the City for wireless phone service. Staff recommended approval of this non-exclusive contract with Western Wireless Corporation, dba Cellular One, to provide wireless telephone service. (35.) Resolution No. 2000-RO283 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and the Lubbock Independent School District for the use of the Municipal Coliseum for student ice skating lessons. RESOLUTION NO.2000-RO283 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 on behalf of the City of Lubbock an Interlocal Agreement, and any associated documents, with Lubbock Independent School District to provide LISD use of the Lubbock Municipal Coliseum for student ice skating lessons, which Agreement shall be spread upon the minutes of the Council, and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Assistant Manager for Community Services ill Regular City Council Meeting August 24, 2000 Page 112 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0283. This agreement will provide the use of the Municipal Coliseum for student ice-skating lessons during the 2000/2001 school year with an option to renew annually. LISD will pay $10,000 to the City of Lubbock for the use of the facility at mutually agreed dates and times. LISD will develop a program whereby students who have demonstrated good citizenship, good attendance and passing grades will be able to participate in the skating lessons. The first school to participate in the program this coming year will be Iles Elementary. Skating lessons will occur once a week beginning in mid -September and run through mid - March or until the ice is removed once the hockey post -season games are completed. LISD will be responsible for transporting the students from the school to the Coliseum and back to the school. They will also provide supervision of the students. The City will arrange for the instructors and will make skates available to rent to the students at $5 per month. Students who participate in the program will also be awarded tickets to a specific hockey game during the season. Staff plans to coordinate instructors through the Cotton Kings and the tickets will be available through a new program that Civic Lubbock, Inc. is developing to reward "good kids" in the school system. The interlocal agreement between the City of Lubbock and Lubbock Independent School District will provide for the use of the Municipal Coliseum for skating lessons for magnet students. LISD will pay an amount of $10,000 to the City for the use of the Coliseum. The City will provide the facility and arrange for instructors and skate rental. This program will be available to students who demonstrate good citizenship, good attendance and passing grades. Staff recommended that City Council approve this item. (36.) Resolution No. 2000-RO284 authorizing acceptance of water and sanitary sewer improvements for Tract A, Lots 1-78, Habitat Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2000-RO284 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-78 AND TRACT A, HABITAT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-78 and Tract A, Habitat Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $73,107.62 with the improvements constructed by Rhode Construction Company having a value of $70,938.85 as determined by the unit prices established by said Chapter 28, and $2,168.77 cash paid to the City, which amount includes $-0- cash for adjacent lines, with Habitat for Humanity of Lubbock, Inc. the developer, to receive a refund of $-0- in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: 112 Regular City Council Meeting August 24, 2000 Page 113 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $-0- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24 h day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, City Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $73,107.62 and has a value of $70,938.85 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $2,168.77 that includes $0.00 for adjacent mains. The developer, Habitat for Humanity of Lubbock, Inc., will receive no refund in accordance with Chapter 28. There is no refund of deposit. The subdivision is located near Erskine Street and North Avenue U. Staff recommended acceptance of the improvements. (37.) Resolution No. 2000-RO285 authorizing acceptance of water and sanitary sewer improvements for Lots 136-170, South Mesa Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2000-RO285 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 136-170, SOUTH MESA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 136-170, South Mesa Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, 113 Regular City Council Meeting August 24, 2000 Page 114 Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $48,982.90 with the improvements constructed by Utility contractors of America having a value of $9,544.05 as determined by the unit prices established by said Chapter 28, and $39,438.85 cash paid to the City, which amount includes $39,196.24 cash for adjacent lines, with Betenbough Quality Homes the developer, to receive a refund of $2,284.83 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $2,284.83 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24'' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $48,982.90 and has a value of $9,544.05 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $39,438.85 that includes $39,196.24 for adjacent mains. The developer, Betenbough Quality Homes, will receive a refund of $2,284.83 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 78`h Street and Avenue P. Staff recommended acceptance of the improvements. 114 Regular City Council Meeting August 24, 2000 Page 115 (38.) Resolution No. 2000-RO286 authorizing acceptance of water and sanitary sewer improvements for Lots 123-145, South Haven Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2000-RO286 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 123 - 145, SOUTH HAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 123 - 145, South Haven Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $60,462.45 with the improvements constructed by Utility Contractors of America having a value of $40,322.85 as determined by the unit prices established by said Chapter 28, and $4,403.95 cash paid to the City, which amount includes $3,147.50 cash for adjacent lines, with Lubbock Land Company, Ltd. the developer, to receive a refund of $21,904.85 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $21,904.85 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice 115 Regular City Council Meeting August 24, 2000 Page 116 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $60,462.45 and has a value of $40,322.85 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $4,403.95 that includes $3,147.50 for adjacent mains. The developer, Lubbock Land Co., Inc., will receive a refund of $21,904.85 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 103rd Street and Vicksburg Avenue. Staff recommended acceptance of the improvements. (39.) Resolution No. 2000-RO287 authorizing the Mayor to execute a grant agreement between the Federal Aviation Administration and the City of Lubbock for an Airport Rescue and Firefighting (ARFF) Training Facility and an upgrade of the airport's Airfield Guidance Signage and Airfield Electrical Vault. RESOLUTION NO.2000-RO287 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Grant Application for Federal Assistance, in substantially the form of the Agreement, attached hereto, by and between the City of Lubbock and the Federal Aviation Administration for funding the construction of an Airport Rescue and Firefighting Training Facility and upgrade Airfield Guidance Signage and Airfield Electrical Vault, 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 24`h day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0287. Lubbock International Airport is eligible to receive annual entitlement funds from the Federal Aviation Administration under the Airport 116 Regular City Council Meeting August 24, 2000 Page 117 Improvement Program. Funds under this program are restricted to safety and capacity improvements at the nation's airports. This year, Lubbock International's entitlement grant is $3,291,642. The money will be used to fund two projects —an Airport Rescue and Firefighting (ARFF) Training Facility, and an upgrade of the airport's Airfield Guidance Signage and Airfield Electrical Vault. The City Council has already approved the capital budgets and has authorized contracts for design services for both projects. This agenda item involves the acceptance of the AIP grant that will fund the federal share the projects. The total cost of both projects is estimated to be $3,657,379. This year's AIP grant will fund 90 percent of that amount ($3,291,642). The remaining 10 percent local share ($365,737) will be funded through FAA's Passenger Facility Charge Program. The staff recommended approval of the resolution. (40.) Resolution No. 2000-RO288 authorizing the Mayor to execute a lease agreement between Stratos Aviation, Inc. and the City of Lubbock for a flight school. RESOLUTION NO. 2000-RO288 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement between the City of Lubbock and Stratos Aviation, Inc., and related documents. Said Lease Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0288. For the last two years, Stratos Aviation has offered flight school and pilot training at the airport. They have experienced tremendous success, and have now grown to a point where additional classroom space is 117 Regular City Council Meeting August 24, 2000 Page 118 needed. This item involves approval of a resolution authorizing lease of space to Stratos Aviation in the old passenger terminal building on the west side of the airport. The proposed lease area is 738 square feet, and will generate $4,354 in annual rent. The initial term is for one year with two additional one-year extensions not to extend beyond 2003. The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. (41.) Resolution No. 2000-RO289 authorizing the Mayor to execute a lease agreement between Horton Aero Service, Inc. and the City of Lubbock RESOLUTION NO.2000-RO289 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and Horton Aero Service, Inc., and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 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 Office Practice A copy of the Agreement is filed with Resolution No. 2000-R0289. Horton Aero Service is a fixed base operator that has been in business continually in the same location at Lubbock International Airport for the past 42 years. This item involves approval of a resolution authorizing a new lease agreement between Horton Aero Service for the same property that they currently occupy. The lease includes a 33,696 square foot hanger, a 3,670 square foot building and a 1,189 square foot storage shed. The new lease has an initial term of five years, with one five-year extension subject to a mutual agreement of the parties. The agreement also authorizes Horton Aero services to operate as a Fixed Base Operator at the airport during the term of the agreement. The new lease will generate $36,699 annually, which includes the base rent for all of the buildings and the underlying land, and cost recovery for a recent painting project on the hanger. 118 Regular City Council Meeting August 24, 2000 Page 119 The Airport Board has reviewed this agreement and recommended approval. Staff also recommended approval. (42.) Consider authorizing an exemption to allow an Aerobatic Demonstration at GA Fly -In on September 16, 2000. On Saturday, September 16, 2000, the Lubbock International Airport - General Aviation Committee will host the Seventh Annual GA Fly -In Breakfast. While staff were planning last year's Fly -In, staff received a request to have an aerobatic demonstration as part of the event. Due to a prohibition of aerobatics over the city (City Code Chapter 5, Article I, Section 5-11), the request was denied. In October 1999, the City Council approved a change in the code allowing an exemption for aerobatics over the city if the following conditions are met. 1. A waiver is provided by the FAA. 2. The event is approved by the City Council. 3. The aerobatics are performed solely within the airspace for which the waiver was sought. Staff have received a request for an aerobatic demonstration (approximately 30-minute duration) involving two aircraft for this year's Fly -In. A waiver has been obtained from the Federal Aviation Administration for this event. The aerobatic demonstration will take place over the south end of Runway 17R-35L, and the crowds will be kept 500 feet from the edge of the runway. Both of the pilots involved in this demonstration are professional aerobatic pilots, and have air show insurance with liability minimums meeting the minimum requirements set by the International Council of Air Shows (ICAS). The Airport Board has approved this event. Department of Aviation staff recommended approval of the event. (43.) Consider the price and condition of sale of Parcel Number 15760-13- 20 at 2001 Date Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Daniel E. Lemon and 011ie Johnson for $400. The property is to be redeveloped by moving an existing feasible 1,160 square foot single- family residence onto the lot and bringing the structure to electrical and plumbing City Code standards. After the rehabilitation, the structure will be valued at $51,500. The land is properly zoned. The proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissioners on August 15, 1989. The Community Development staff recommended approval. (44.) Bid # 00001 - Streetcar/Trolleys (Citibus). This bid is for the purchase of 2 Streetcar/Trolleys to be used by Citibus. Dupont Industries (DUPONTROLLEY) submitted low bid of $203,000 per vehicle; however, they did not meet the requirements of the bid specification in several areas. 119 Regular City Council Meeting August 24, 2000 Page 120 The only company that met all bid specifications was Chance Coach, Inc with a bid amount of $267,828 per vehicle. Specialty Vehicles, Inc. submitted approved equals and not a bid. The Federal Transit Administration will cover 80 percent of this amount and the remaining 20 percent will come from this year's Citibus budget. No additional funding will be needed from the City of Lubbock. Citibus recommended that bid #00001 be awarded to Chance Coach, Inc. for $267,828 per vehicle or total costs of $535,656. (45.) Resolution No. 2000-R0290/RFP #99-262 - Landscape Architecture Services - Airport Corridor Project (Aviation). RESOLUTION NO.2000-RO290 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Wallace Roberts and Todd of Dallas, Texas, to provide Landscape Architecture Services - Airport Corridor Project, 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 Council. Passed by the City Council this 24`h day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0290. For the last two years, Keep Lubbock Beautiful has been involved in various fundraising activities in the community to fund a landscaping project at the airport to beautify the entry corridors. The focus of the project has generally been defined as a landscaped corridor along Regis from the Interstate east to Martin Luther King Jr. Blvd. and north along the terminal drive to the terminal building. The purpose of this contract is to engage professional services of a landscape architecture firm to assist with the design of the project. The following firms submitted proposals to the City of Lubbock for Landscape architectural services for the airport corridor project: 120 Regular City Council Meeting August 24, 2000 Page 121 Wallace, Roberts & Todd of Dallas, Texas KDC Landscape Architecture Site Planning of Midland, Texas Turner Land Architecture/Winterowd Associates, Inc. of Amarillo, Texas J. Robert Anderson of Austin, Texas Selection committee members included representatives from the Airport, Parks and Recreation Department, and Keep Lubbock Beautiful reviewed and rated the proposals individually and as a committee. The selection criteria used to rate the proposals included: 1) Substantial successful experience in completing similar projects (30 %). 2) Demonstrated knowledge and understanding of the project (15%). 3) Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and the technical capabilities and professional competence of the Landscape Architect/Engineer and assigned personnel (40%). 4) Substantial capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders, or overruns (10%). 5) Record of performance based on previous work with the City and/or other client references (5 %). Wallace Roberts & Todd received the highest average score of 91.66. KDC Landscape Architecture's average score was 85.86, Turner Land Architecture 83.61, and J. Robert Anderson 83.14. The selection committee recommended that Wallace Roberts & Todd be selected to perform the landscape architectural and/or engineering services as required for the Airport Corridor Landscape Project. This company has over 35 years of experience and has a strong history and portfolio of streetscape and corridor landscaping projects across the United States. The negotiated fee for services with Wallace Roberts & Todd of Dallas, Texas is $49,951 and is within the Professional Services budget amount. (46.) Resolution No. 2000-R0291/Bid #00-075 — Lubbock Memorial Civic Center Concert Grand Piano (Civic Center). RESOLUTION NO.2000-RO291 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order per Bid #00-075 to furnish Lubbock Memorial Civic Center Concert Grand Piano, by and between the City of Lubbock and Jent's House of Music, Inc., 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. 121 Regular City Council Meeting August 24, 2000 Page 122 Passed by the City Council this 24'h day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2000-R0291. This bid is for the purchase of a new concert grand piano to replace the 22 year old grand piano at the Lubbock Memorial Civic Center. All music related events, including Lubbock Symphony Orchestra, various religious organizations, and Lubbock Independent School District rely heavily on musical instruments that can provide concert quality sound and appearance. The existing piano is unable to maintain concert quality normally expected from pianos of this type. Replacement is necessary to maintain the professional musical standards required of lessees. The low bid is $46,459.03 from Jent's House of Music of Lubbock, Texas. Jent's has expressed a guaranteed delivery time of six months with the City of Lubbock being allowed to select from several available pianos prior to that delivery time. Funding for this procurement is currently available through a current capital project. (47.) Bid #00-142 - School Zone Pager System (Traffic Engineering) and authorize same. This item was deleted. (48.) Resolution No. 2000-R0292/Bid #00-153 - Investment Advisory Services (Finance). RESOLUTION NO.2000-RO292 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement between the City of Lubbock and Patterson Capital Management, L.P., dba Patterson & Associates ("P&A"), to act as its funds nondiscretionary manager for funds and securities, 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. 122 Regular City Council Meeting August 24, 2000 Page 123 Passed by the City Council this 24`h day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Andy Burcham Andy Burcham, Cash & Debt Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with the Resolution No. 2000-R0292. The purpose of this RFP was to solicit proposals for full-time, non - discretionary investment portfolio management services for the City of Lubbock. The successful firm is required to serve in an administrative and advisory capacity, and to assist in developing and implementing investment strategies to coordinate investment transactions, to provide market research reporting, to develop cash flow models, and to provide other services to help improve investment performance in order for the City to maintain or improve the safety and liquidity of the City's investment portfolio and improve the yield of the portfolio. The savings or increase in earnings to the City will more than offset the fee. The evaluation committee carefully reviewed and ranked proposals according to the following criteria: Responsiveness to the RFP 10 % Professional capabilities and experience 25 % Professional qualifications and experience 25 % Reporting capabilities 15 % Independence from broker/dealer commitments 15 % Fees 10 % Five firms submitted proposals that were ranked and scored as follows: Patterson & Associates of Austin, Texas 68.2 Public Financial Management of Austin, Texas 63.3 MBIA Municipal Investors Service Corporation of Denver, Colorado 62.5 Bank of America/Banc of America Capital First Southwest Asset Management, Inc., of Dallas, Texas 60.0 Management, Inc., of Charlotte, NC Unresponsive The evaluation committee recommended award of the contract to Patterson & Associates of Austin, Texas, the incumbent advisor. The fee of $22,000 is within the Professional Services budget amount. 123 Regular City Council Meeting August 24, 2000 Page 124 (49.) Resolution No. 2000-R0293, Resolution No. 2000-R0294/Bid #00-161 - HVAC Maintenance Contract for Lubbock Civic Center & Auditorium/Coliseum (Civic Center). RESOLUTION NO. 2000-RO293 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for materials _ and services for heating, ventilating and air conditioning maintenance for Lubbock Memorial Civic Center and Auditorium/Coliseum, by and between the City of Lubbock and York International of Albuquerque, New Mexico, 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 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0293. RESOLUTION NO.2000-RO294 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for materials and services for heating, ventilating and air conditioning maintenance for Lubbock Memorial Civic Center and Auditorium/Coliseum, by and between the City of Lubbock and Johnson Controls of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 124 Regular City Council Meeting August 24, 2000 Page 125 Passed by the City Council this 20' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Johnson Controls, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of th hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to c o and under the (if any) the complete the BID #00-161 - HEATING, VENTILATING & AIR CONDITIONING MAINTENANCE CONTRACT FOR LUBBOCK MEMORIAL CIVIC CENTER AND AUDITORIUM/COLISEUM - 3 YEAR PRICING - $85,200.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 125 Regular City Council Meeting August 24, 2000 Page 126 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Freddy Chavez Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Danell Keckler (50.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Johnson Controls, Inc. By: /s/ Jerry L. Bell PRINTED NAME: Jerry L. Bell TITLE: Branch Manager COMPLETE ADDRESS: Johnson Controls, Inc. 1603 Loop 289 West Lubbock, Texas 79416-5124 This bid is for a three-year maintenance contract for the Lubbock Memorial Civic Center and the Lubbock Municipal Auditorium Coliseum. The contract is for complete maintenance of all heating, ventilating and air conditioning equipment. The low bids are from the following companies: York International of Albuquerque, New Mexico $191,200 (Civic Center) Johnson Controls of Lubbock, Texas $85,200 (Aud./Coliseum) The bid ranking from York International was established by applying the State of Texas reciprocity statute that requires us to apply the same preference used in a nonresident bidder's state. New Mexico has a preference of 5 % to resident businesses and manufacturers. Consequently, Johnson Controls of Lubbock, Texas is ranked the low bidder for the Auditorium/Coliseum maintenance contract (see tabsheet). The low bids are within the Civic Center Building Maintenance-HVAC Systems budget amount. Bid #00-163 — Cold Water Meters — Fire Service Compound Type — Annual Pricing (Water Utilities). This bid establishes annual pricing for the purchase of fire service compound type cold water meters. These meters are placed in locations where the owner's fire and domestic water service is provided by one water line and is metered by a high, low and fire line unit meter. The new meters are sized to accommodate the fire service requirement without the need for a fire service register, eliminating the maintenance and potential liability associated with a meter failure. The newer meters are more accurate, less likely to fail during a critical need situation (fire) and do not require annual maintenance of the fire -line register. These meters are part of the routine meter maintenance program. Replacement of the outdated and inaccurate meters will reduce water loss and potential 126 Regular City Council Meeting August 24, 2000 Page 127 meter failure in a critical need situation and increase revenue recovery. This bid includes an option to extend up to two additional one-year terms upon mutual agreement between the City of Lubbock and the vendor. The low bid is $23,150 annually from Master Meter Inc. of Longview, Texas and is within the Water Facilities System Improvements budget amount. (51.) Resolution No. 2000-R0295/Bid #00-166 - Municipal Building Renovations and Security Improvements (Facilities Management). RESOLUTION NO.2000-RO295 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for Municipal Building Renovations and Security Improvements, by and between the City of Lubbock and Knox, Gailey & Meador, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Knox, Gailey & Meador, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the 127 Regular City Council Meeting August 24, 2000 Page 128 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-166 - MUNICIPAL BUILDING COUNCIL CHAMBERS & CITY MANAGER'S SUITE RENOVATIONS - $171,319.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Knox, Gailey & Meador, Inc. /s/ Don Meador PRINTED NAME: Don Meador TITLE: President COMPLETE ADDRESS: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock, Texas 79408 This bid is for the renovation of the clerical section and the reception area of the City Manager's office suite in the Municipal Building. This includes replacing the Haworth systems with pre -finished vinyl covered walls. The Council Chambers will be renovated to include new carpet, a divider wall in front of the dais, and a new ADA access to the dais. The low bid is $171,319 from Knox, Gailey & Meador, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Buildings Municipal budget amount. (52.) Resolution No. 2000-R0296/Bid #00-172 — Curb Ramps (Phase 6) at Various Locations (Street Drainage Engineering) . 128 Regular City Council Meeting August 24, 2000 Page 129 RESOLUTION NO.2000-RO296 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for ADA Curb Ramps (Phase 6) at various locations, by and between the City of Lubbock and Birchwood Construction, Inc. of Levelland, 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 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of the Contract is filed with Resolution No. 2000-R0296. This bid is for the installation of ADA curb ramps at street radii and alley approaches throughout the city to improve access for disabled individuals in accordance with the Federal ADA mandate. This phase is the sixth of a continuing project that began in 1994 with funding from 1993 City of Lubbock certificate of obligation bonds. To date, approximately $1.25 million has been spent by the city for curb ramp installation. Phase six will not provide ramps at all intersections but the target locations that are part of the high priority locations per President Bush in 1992. Ramp construction at these locations will result in significant progress towards compliance with the Federal mandate. Each phase covers a different part of the city with an ultimate goal of uniform and equal distribution of installation while complying with ADA regulations. The low bid is $125,112.50 from Birchwood Construction, Inc. of Levelland, Texas and is within the Street System Improvements budget amount. (53.) Resolution No. 2000-R0297/Bid #00-176 - Martin Luther King Jr. Boulevard Drainage Improvements (Street Drainage Engineering). 129 Regular City Council Meeting August 24, 2000 Page 130 RESOLUTION NO.2000-RO297 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for Martin Luther King Jr. Blvd. Drainage Improvements, by and between the City of Lubbock and Lone Star Dirt & Paving Contracting of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24t' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt & Paving Contracting, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-176 - MARTIN LUTHER KING JR. BLVD. DRAINAGE IMPROVEMENTS - $80,975.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. 130 Regular City Council Meeting August 24, 2000 Page 131 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lone Star Dirt & Paving Contracting By: /s/ Wesley Sanders PRINTED NAME: Wesley Sanders TITLE: C.E.O. COMPLETE ADDRESS: Lone Star Dirt & Paving Contracting 11820 University Ave. Lubbock, Texas 79423 This bid is for drainage improvements to Martin Luther King Jr. Blvd. This work is being completed to elevate a low area at Martin Luther King Jr. Blvd and 74' Street which holds water during rain events and occasionally forces the closure of this portion of the two streets until the water rises several feet to the lake overflow elevation. The low bid is $80,975 from Lone Star Dirt & Paving Contracting of Lubbock, Texas and is within the Street System Improvements budget amount. (54.) Bid #00-177 - Clearspan Aluminum Domes and Column Supported Roofs (Water Utilities Engineering) and authorize same. This item was deleted. 131 Regular City Council Meeting August 24, 2000 Page 132 (55.) Resolution No. 2000-R0298/Bid #00-178 — Natural Stone Entrance Signage at Mackenzie Park (Park Development). RESOLUTION NO.2000-RO298 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 materials and services for natural stone entrance signage at Mackenzie Park, by and between the — City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-178 - NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK - $65,959.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, 132 Regular City Council Meeting August 24, 2000 Page 133 supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Brown -McKee, Inc. Bv: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. 906 East Slaton Road Lubbock, Texas 79404 This bid is for enhancement of the secondary entrances of Mackenzie Park at Interstate 27 and Municipal Drive. This project includes signage, landscaping, irrigation, and lighting to improve and highlight these entrances. The low bid is $64,959 from Brown -McKee of Lubbock, Texas and is within the System Capital Outlay -Mackenzie Entrance Enhancements budget amount. (56.) Resolution No. 2000-R0299/Bid #00-182 - Water Treatment Plant Chiller Replacement (Water Utilities). RESOLUTION NO. 2000-RO299 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to furnish all materials and services for water treatment plant chiller replacement, by and between the City of Lubbock and First Service A/C Contractors, Inc., of Midland, 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. 133 Regular City Council Meeting August 24, 2000 Page 134 Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and First Service A/C Contractors, Inc., of the City of Midland, County of Midland, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-182 - WATER TREATMENT PLANT CHILLER REPLACEMENT - $39,456.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 134 Regular City Council Meeting August 24, 2000 Page 135 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ George Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Pat Buchanan CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: First Service A/C Contractors, Inc. By: /s/ Jeff Blackwood PRINTED NAME: Jeff Blackwood TITLE: Operations Manager COMPLETE ADDRESS: First Service A/C Contractors, Inc. 3009 Garden City Hwy Midland, Texas 79701 This bid is for the replacement of the air-cooled chiller unit of the air conditioning system at the main building of the Water Treatment Plant. The main building consists of the control room, the main laboratory, as well as offices and conference rooms. The replacement of this equipment is necessary due to a history of excessive maintenance costs and because of high tech laboratory equipment that is very temperature sensitive. The Water Treatment Plant Laboratory can lose its certification if the lab temperature is not maintained at a reasonable temperature. The low bid is $39,456 from First Service A/C Contractors, Inc. of Midland, Texas and is within the Water Treatment Plant Optimization budget amount. (57.) Resolution No. 2000-R0300/Bid #00-184 - Triticale Seed (Land Application Site). RESOLUTION NO.2000-RO300 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order per Bid #00-184 to furnish Triticale seeds, by and between the City of Lubbock and Richardson Seed, Inc., 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. 135 Regular City Council Meeting August 24, 2000 Page 136 Passed by the City Council this 24'' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, 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 Administration A copy of the Purchase Order is filed with Resolution No. 2000-R0300. This bid is for the purchase of agricultural seed to be used at both Land Application Sites. Under TNRCC regulations, the Land Application Site is required to follow a strict cropping plan in order to dispose of treated effluent on the farm. The agricultural seed is for winter grazing forages that will be utilized by the cattle -grazing contract. The low bid is $30,000 from Richardson Seeds Inc. of Lubbock, Texas and is within the Land Application Site - Botanical Supplies budget amount. (58.) Resolution No. 2000-R0301/Bid #00-185 - Pre -fabricated Livestock Panels (Land Application Site). RESOLUTION NO. 2000-RO301 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Order per Bid #00-185 to furnish pre -fabricated livestock panels, by and between the City of Lubbock and Floyd County Farm & Ranch, 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 24'" day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 136 Regular City Council Meeting August 24, 2000 Page 137 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney Office Practice A copy of the Purchase Order is filed with Resolution No. 2000-R0301. This bid is for the purchase of pre -fabricated livestock panels. These panels will be installed around all center pivot control boxes and pumping wells at the Land Application Sites to protect the equipment from livestock. The low bid is $32,024 from Floyd County Farm and Ranch of Lockney, Texas and is within the Land Application Site - Other Machinery and Equipment budget amount. (59.) Resolution No. 2000-R0302/Bid #00-191 - Carlisle Park ADA - Phase 1 (Parks Development). RESOLUTION NO. 2000-RO302 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 materials and services for Carlisle Park ADA Renovations (Phase I), by and between the City of Lubbock and Lubbock Building Services, Inc., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24' day of August, 2000 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 137 Regular City Council Meeting August 24, 2000 Page 138 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-191 - CARLISLE PARK ADA RENOVATIONS (PHASE 1) - $107,510.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 S. Slide Road Lubbock, Texas 79424 138 Regular City Council Meeting August 24, 2000 Page 139 This project is the first of four parks identified as a pilot project in the Park and Recreation Department's 1999 ADA Transition Plan. This plan was proposed to provide accessible paths as navigable -surface access to all park amenities for disabled users. Currently all new park projects are made individually accessible while no park in the system has all of its amenities connected by a totally accessible circulation system. This project will provide for substantial progress in regards to the City's efforts to comply with ADA requirements. The low bid is $107,510 from Lubbock Building Services, Inc. of Lubbock, Texas and is within the Capital Outlay -Carlisle Park ADA budget amount. (60.) Resolution No. 2000-R0303/Bid #00-192 — Rodgers Pool ADA and Site Renovations (Parks Development). RESOLUTION NO. 2000-RO303 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 materials and services for Rodgers Swimming Pool ADA Renovations & Site Improvements, by and between the City of Lubbock and Lubbock Building Services, Inc., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 24"' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza _ Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 139 Regular City Council Meeting August 24, 2000 Page 140 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 24th day of August, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-192 - RODGERS SWIMMING POOL ADA RENOVATIONS & SITE IMPROVEMENTS - $333,150.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: Is/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 S. Slide Road, Suite B Lubbock, Texas 79424 140 Regular City Council Meeting August 24, 2000 Page 141 This project is for ADA upgrades to Rogers Swimming Pool. The improvements will include a new parking lot, a new wading pool with zero depth entry, restroom renovations as well as making the ticket counter accessible. The existing pool will also be renovated to include zero depth entry as well as a transfer system as a secondary means of accessibility. This project will compliment the recently finished Maggie Trejo Super Center The low bid is $333,150 from Lubbock Building Services, Inc. and is within the Capital Outlay -Rodgers Pool ADA Upgrade budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. PUBLIC HEARINGS (61.) Ordinance No. 2000-00044 - Zone Case No. 2646-A (1717 Norfolk Avenue): Hold a public hearing to consider request of Joe McKay (for Carillon, Inc.) for a zoning change from AM to AM Specific Use for a savings and loan office on Tract A, Carillon Addition. ORDINANCE NO.2000-00044 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2646-A; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING FOR A SAVINGS AND LOAN OFFICE ON A PORTION OF TRACT A, CARILLON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:07 a. in. Joe McKay appeared on behalf of Carillon, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:08 a. in. The construction of an addition to Carillon (Windsong) includes a branch bank as an internal use. The proposal does not fit the conditional uses in the AM District that the Zoning Board of Adjustment can consider, since the branch bank was not a typical internal service in 1975 as were barber/beauty shops, flower and gift shops. The branch bank will not be used by the general public and will be entirely within the building. Adjacent land uses: North - Texas Tech University South - residential East - retirement village West - residential The request is consistent with the current Comprehensive Land Use Plan and zoning policies. The request will have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of this request with a 5-0 vote. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. 141 Regular City Council Meeting August 24, 2000 Page 142 Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00044 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (62.) Ordinance No. 2000-00045 - Zone Case No. 2888 (7301 Brownfield Highway): Hold a public hearing to consider request of Ben Ferguson (for Anadarko Development, Inc.) for a zoning change from T to IHC for a convenience store on a 1.106 acre tract of land out of the northeast quarter of Section 31, Block AK. ORDINANCE NO. 2000-00045 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2888; A ZONING CHANGE FROM T TO IHC ZONING ON A 1.106 ACRE TRACT OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 31, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:09 a. in. Ben Ferguson appeared on behalf of Anadarko Development, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:10 a. in. The latest in a string of zone cases along the Brownfield Highway, this proposal is to redevelop an existing, closed convenience store. Adjacent land uses: North - Brownfield Highway South - commercial development, zoned "T" East - Upland Avenue, zoned IHC West - commercial development, zoned "T" The proposal is consistent with the recently amended Comprehensive Land Use Plan in this area and is also consistent with zoning policies. An existing canopy on the property does not meet minimum IHC setback but can remain as non -conforming. It does not create a line of sight issue along the highway or Upland. The proposed development will have no greater than anticipated effect on the transportation system. The Planning and Zoning Commission recommended approval of this request with a 5-0 vote. The staff supports the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00045 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to take Item 64 out of order. Motion carried 7 Yeas, 0 Nays. The next item considered was Item 64. 142 Regular City Council Meeting August 24, 2000 Page 143 (63.) Ordinance No. 2000-00047 - Zone Case No. 2889 (northeast corner of 66' Street and Iola Avenue): Hold a public hearing to consider request of Hugo Reed and Associates (for Hope Partnership) for a zoning change from R-1 to C-4 for a 9.66 acre tract of land located in the southern part of Section 36, Block AK. ORDINANCE NO.2000-00047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2889; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON 9.66 ACRE TRACT OF LAND LOCATED IN THE SOUTHERN PART OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:16 a. in. Bernie Graddell of Hugo Reed and Associates appeared on behalf of Hope Partnership. No one appeared in opposition. Mayor Sitton closed the hearing at 11:18 a. in. This parcel is east of what would be Iola, north of 66' Street. The area is west of an area zoned in a manner the same as this request. Adjacent land uses: North - vacant, zoned commercial for a car dealership South - a combination of church and single family (which "sides" to 66) East - commercial West - vacant, site of a proposed zone case for commercial The request is consistent with the Comprehensive Land Use Plan. Regarding zoning policy, the staff has tried to minimize the impact of commercial north of 66`' Street on the mixture of residential and church uses south of 66`' Street. A recommendation for conditions requests site plan review of any parcels developed adjacent to 66`' Street for consideration of design and building materials, site design, and the location/number of curb returns. The request should have no greater than anticipated effect on the street system. As noted above, depending on how the property is platted, the normal "code" allowance for curb returns may create an excess of interference along 66' Street. Review of proposed curb returns, with encouragement of sharing if the property is divided into small lots, will benefit the public. 66`' Street will remain a collector level street. It is not a designated thoroughfare. The staff supports the recommendation of the Planning and Zoning Commission with a 5-0 vote subject to the following conditions: 1. That the C-4 uses shall be limited to the following uses: A. Automobile body shops, outside storage limited to customer vehicles only. B. Automobile brake shop. C. Automobile glass shop. 143 Regular City Council Meeting August 24, 2000 Page 144 D. Automobile seat cover and upholstery shop. E. Automobile transmission shop. F. Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). G. Barber and beauty shop supply dealer. H. Boat and boat trailer sales and service. I. Builders supply. All materials must be in building. J. Cafe supply dealer, fixtures. K. Canvas goods shop, tents and swings (no manufacturing) L. Dairy supply dealer. M. Electrical equipment repairs. N. Frozen food lockers. O. Garage, public, repair. (Outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. P. Garden center. Q. Gasoline service station. (Business permitted outside of building and outside displays of products permitted within three (3) feet of the building.) R. Golf driving range. (Business permitted outside of building.) S. Greenhouse and plant nursery. T. Hotel or motel. U. Hot tamale plant. V. Janitorial or cleaning service. W. Job printing and lithographing. X. Laboratory, chemical, general analysis. Y. Laundry, commercial. Z. Linen and towel supply service. AA. Lumber yard, with no mill. All materials must be in a building. BB. Magazine agency. — CC. Motorcycle shop, including sales, rentals and service. DD. Muffler shop. EE. Nonprofit training centers with retail sales. FF. Pest control service. 144 Regular City Council Meeting August 24, 2000 Page 145 GG. Print shop. HH. Produce market. II. Public kennel (totally within a building). JJ. Rental store. KK. Restaurants. (Business permitted outside of building.) LL. Restaurants, with the sale of alcoholic beverages as in incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. MM. Sign shops, limited window lettering, painted wall signs, banners and desk signs. NN. Store fixtures sales (no manufacturing permitted). 00. Trailer and truck sales, rental or service. PP. Trailer and truck rental utility. QQ. Upholstery shop - Furniture. RR. Veterinary hospital (totally within a building). SS. Wholesale house, sales office and storage - No cotton storage. TT. All unconditionally permitted C-3 uses. 2. For parcels developed abutting 66'' Street, a site plan illustrating building location and proposed curb returns as well as building elevations illustrating materials, color and texture, shall be approved by the Commission prior to the issuance of a construction permit. The staff supports upholding the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments Motion was made by Councilmember Nelson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00047 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 65. (64.) Ordinance No. 2000-00046 - Zone Case No. 2519-B (northeast corner of 66" Street and Iola Avenue): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for TRI-AD Hospitals, Inc.) for a zoning change from R-1 and C-4 to C-3 on 32.8 acres of land located in the southern part of Section 36, Block AK. 145 Regular City Council Meeting August 24, 2000 Page 146 ORDINANCE NO.2000-00046 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2519-13; A ZONING CHANGE FROM R-1 AND C-4 TO C-3 ZONING ON 32.8 ACRES OF LAND LOCATED IN THE SOUTHERN PART OF SECTION 36, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:11 a.m. Terry Holman of Hugo Reed and Associates, Inc. appeared on behalf of TRI-AD Hospitals, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:13 a. m. This is the parcel immediately west of the area considered in Zone Case 2889. Although there has been some discussion in the media about the potential use of the parcel, from a zoning standpoint, the issue is routine. Adjacent land uses: North - Spur 327 South - 66'h Street, vacant and targeted as single family residential. East - subject to a current a commercial zone case on the south half and a C-4 District limited to a car dealership on the north half. West - vacant, zoned "T" With appropriate consideration of development adjacent to 66' Street, the request is consistent with the Comprehensive Land Use Plan. As in the previous case, the staff has a concern for development on this tract as it impacts the uses south of 66' Street. Zoning policy would indicate the need for some amount of separation or buffering on 66' Street. The proponent offered a twenty-five foot landscaped area north of 66' Street. A staff -proposed condition will speak to keeping any buildings a greater distance from the street. The proposal should have no more than anticipated effect on the thoroughfare system. The Planning and Zoning Commission approved this request subject to the following conditions: 1. A 25-foot landscaping strip shall be installed adjacent to 66"' Street, with the exception of curb returns. In addition, any buildings shall have a 100-foot setback from 66' Street. 2. A site plan review by the Planning and Zoning Commission, prior to a construction permit, shall minimize curb cuts on 66'' Street. 3. That AM Permitted Uses shall be permitted. The staff supports upholding the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. 146 Regular City Council Meeting August 24, 2000 Page 147 Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00046 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. The next item considered was Item 63. (65.) Ordinance No. 2000-00048 - Zone Case No. 1923H (northeast corner of West Loop 289 and 56`h Street): Hold a public hearing to consider request of Hugo Reed and Associates, Inc. (for McDougal -- Properties), Inc.) for a zoning change from A-1 to C-2 for a 2.1 acre tract of land out of Tract H, C.C. Knott Addition. ORDINANCE NO. 2000-00048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1923-H; A ZONING CHANGE FROM A-1 TO C-2 ZONING ON A 2.1 ACRE TRACT OF LAND OUT OF TRACT H, C.C. KNOTT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:20 a.m. Terry Holman of Hugo Reed and Associates, Inc. appeared on behalf of McDougal Properties, Inc. No one appeared in opposition. Mayor Sitton closed the hearing at 11:22 a. in. The parcel is adjacent to Loop 289, north of 56' Street. It is excess property on the parcel containing the Southwest Square Apartments. Adjacent land uses: North - commercial, a communications company zoned C-3 South - Loop 289 and apartment zoning East - apartments West - Loop 289 The request is a minor deviation from the current Comprehensive Land Use Plan. Originally, the entire triangle formed by 50" Street, Loop 289 and 56'' Street back to Aberdeen was targeted as an apartment district. Since then, the area north of this site back to 50' Street has been amended on the Plan to commercial. There is no adjacent single family residential. With the area surrounding the parcel being developed, this small amount of C-2 against the Loop should not create an issue. The current owner of the adjacent apartments is the proponent in this request. The request is consistent with zoning policies. The proposal should have little or no effect on the thoroughfare system. The parcel would benefit from a minimum number of curb returns on the Loop, versus the "code" permitted number (depending on how the property is platted). Current standards will cause any curb return on 56' Street to be established as far to the east as possible. The Planning and Zoning Commission recommended approval of the request subject to the following condition and recognition of a minor Comprehensive Land Use Plan change: A site plan shall be reviewed by the Planning Commission prior to a 147 Regular City Council Meeting August 24, 2000 Page 148 construction permit to specifically address the number and location of curb returns on Loop 289 and 56' Street. The staff supports upholding the recommendation of the Planning Commission. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00048 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. The next item considered was Item 67. (66.) Hold a public hearing to determine the public convenience and necessity for a Horse -Drawn Vehicle Permit on behalf of Shell Horse & Carriage Service, and take appropriate action. Mayor Pro Tem Cooke opened the public hearing at 11:30 a.m. Kerry Sessions -Griffith and Ronnie Shell appeared in favor of the request. No one appeared in opposition. Mayor Pro Tern Cooke closed the hearing at 11:35 a. in. This application request by Mr. Shell is to permit one vehicle to provide horse-drawn service within the City of Lubbock. Section 27-223 of the City of Lubbock Vehicle For Hire Ordinance requires the City Council to hold a public hearing on applications to consider whether the public convenience and necessity would be served by the issuance of the permit, and in determining this shall consider the following factors: 1. The financial responsibility of the applicant. 2. The number, kind, age, and type of equipment and color scheme to be used by the applicant. 3. The probable effect of increased service on local traffic conditions. 4. Whether the safe use of the streets of the City by the public, both vehicular and pedestrian, will be endangered unduly by the granting of the proposed additional service. 5. The character, experience, and responsibility of the applicant. 6. Whether the applicant is fit, able, and willing to perform the service on a regular and continuous basis. Mr. Shell has submitted an application for a Horse -Drawn Carriage Permit along with a Personal History Statement. Staff received a certificate of insurance for Shell Horse & Carriage Service for commercial general liability insurance coverage of single limit of $500,000, which greatly exceeds the ordinance requirement of $20,000 bodily injury per person, $40,000 bodily injury per accident, and $20,000 property damage/per Risk Management. The applicant has met the basic requirements of the permit regarding liability insurance, along with identifying the type of equipment he will be using. Mr. Shell indicates by the Certificate of Competency that he is experienced and competent to handle his vehicle and horses in City traffic. A veterinarian has submitted a statement as to the health condition of the ten- year -old gray quarter horse. Presently, there are no other permitted horse Regular City Council Meeting August 24, 2000 Page 149 and carriage services for the City of Lubbock. Although the ordinance is specific regarding some of the basic requirements that the applicant must fulfill, it is more general regarding the parameters Council needs to consider in deliberating and determining public convenience and necessity for the horse-drawn carriage service to be permitted. Therefore, the Council has more latitude in evaluating those factors pertaining to financial responsibility, character, experience, and responsibility, and whether the applicant is fit, able, and willing to perform the service on a regular and continuous basis. Staff has outlined some points the Council may use in their deliberation in determining public convenience and necessity. 1. Financial Responsibility. Council received a copy of the application submitted along with a Personal History Statement which includes an employment record and educational history, arrests, detentions and litigation, traffic records, financial history, and references. In order to provide the Council some insight into the applicant's financial responsibility, the City Internal Audit Department reviewed the application. At the time of Mr. Shell's application, he listed his current employer as active duty military with the Texas Army National Guard. The financial information submitted with the application indicated that Mr. Shell is paying for two mortgage properties, one storage building, one truck loan, and one automobile loan. It appears that the one rental property is currently rented. This income appears to be adequate to cover the monthly amount he pays on open accounts. Nothing has been found in course of the internal audit review to indicate a permit should not be granted to Shell Horse & Carriage Service. This is a new business venture. It is, therefore, difficult to draw any conclusions regarding the level of success that could reasonably be achieved by this organization. The success or failure of this operation will ultimately depend on the initiative of Mr. Shell and market response to this operation. 2. Number, Kind Age Type of Equipment and Color Scheme. The applicant indicated that he will be using a Vis-a-vis fiberglass, wood -trim carriage that is black in color. The carriage seats six passengers and one driver. There are side panels with a convertible covering. The carriage has passed the garage inspection with the exception of emergency stop flashers, which are recommended but not required. The animal description is a ten -year -old gray quarter horse with lip tattoo 6724. 3 & 4. Probable Effect on Traffic Conditions and Safetv of the Streets. Staff anticipates no significant impact on the City streets due to the addition of this company. 5. Character, Experience and Responsibility of Applicant. In his personal history information, Mr. Shell indicates that police detained him in February, 2000, regarding a speeding citation for which he paid the court fee and attended the Defensive Driving Course. In addition, he was involved in a traffic accident in July, 1997, in Oklahoma City, OK. There are no other infractions listed, and a driving record history verifies Mr. Shell's application and found it to be correct as stated. Efforts were made to contact all of Mr. Shell's reference checks. Staff received a favorable response. 149 Regular City Council Meeting August 24, 2000 Page 150 6. Is the Applicant Fit, Able, and Willing to Perform the Service? Submission of the application and all the required information indicates a willingness to perform the service. Mr. Shell's proposed rate structure: Route 1: A one -mile route starting on Buddy Holly Avenue in the Depot District, going north to Broadway, making a left on Broadway to Texas, going back to the south on Texas, making a left on 18' Street, back to Buddy Holly. Rate for this route is $5 for children under ten and $6 for children over ten and adults. Route 2: A two-mile route starting on Buddy Holly Avenue in the Depot District, going north to Broadway, making a left on Broadway, going to the Wells Fargo parking lot (which is west of Avenue O), circling in the parking lot, back on the Broadway heading east to Texas, making a right on Texas to 18'' Street, back to Buddy Holly. Rate for this route is $10 for children under ten and $12 for children over ten and adults. Per the Planning Department, there are no zoning concerns in reference to Route 1 and Route 2. Primary time for operating the service in the Depot/Downtown area, will be on Friday, Saturday, and Sunday evenings from 6:00 p.m. to 11:00 p.m. Upon approval by Council, the City Secretary will contact Mr. Shell that the permit will be issued. The City Secretary advises that staff has no concerns about approval and issuance of a permit for Shell Horse & Carriage Service in the City of Lubbock. Motion was made by Councilmember McDougal, seconded by Councilmember Hernandez to approve Shell Horse & Carriage Service's Permit application as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton and Councilmember Patterson stepped away from the dais. TRANSPORTATION SERVICES (67.) Ordinance No. 2000-00049 abandoning and closing a switch enclosure easement, a transformer pad easement, and an underground street light cable easement located in the Rushland Park Addition to the City of Lubbock (4410 6`b Street) (first reading). ORDINANCE NO.2000-00049 AN ORDINANCE ABANDONING AND CLOSING A SWITCH ENCLOSURE EASEMENT, A TRANSFORMER PAD EASEMENT, AND AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN THE RUSHLAND PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a switch enclosure easement on Tract H, a transformer pad easement and an underground street light cable easement on Tract F of the Rushland Park Addition. These three 150 Regular City Council Meeting August 24, 2000 Page 151 easements are located just north of 6' Street, west of Quaker Avenue. This area is being replatted and these easements are not needed by LP&L. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Ed Bucy, Right -of -Way Agent, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 2000- 00049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke recused himself. CIVIC SERVICES (68.) Resolution No. 2000-RO304 authorizing the City Council to approve the recommendation of the Parks and Recreation Board regarding FY 1999-2000 use of in -kind services by City of Lubbock departments for special event support for the Cowboy Symposium and Fiestas del Llano. RESOLUTION NO. 2000-RO304 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the recommendations of the Parks and Recreation Board with regard to FY1999-2000 use of in -kind services by City of Lubbock departments as set forth in Exhibit A hereto, which said Exhibit A is attached hereto and made a part hereof as if fully copied herein in detail. Passed by the City Council this 24' day of August, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton for Tommy Gonzalez Tommy Gonzalez, Assistant City Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of "Exhibit A" is filed with Resolution No. 2000-R0304. At the January 9, 1997, City Council meeting the City Council approved Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of the City of Lubbock. In doing so, the duties of the Parks and Recreation Board were expanded to include review of requests for in - kind services for special/community events. The special events policy 151 Regular City Council Meeting August 24, 2000 Page 152 was developed in order to track special event support and monitor the increase of requests received from non-profit organizations for special events in the City of Lubbock. The policy allocates up to $200,000 annually for in -kind services. Of that amount 90 percent is earmarked for existing events, while the remaining 10 percent is targeted for new events. Each year, City staff conducts at least two training sessions for local non-profit and civic organizations to familiarize them with the special events policy and the grant process. Applications for in -kind services are due at least forty-five days prior to the event. Once received, the applications are reviewed by the appropriate departmental staff to ensure that the request is appropriate. For example, the Police Department reviews requests for security and traffic control to ensure that the appropriate number of officers is requested. If needed, adjustments are made to the requests and the applicants are notified. The Parks and Recreation Board then rates the grant applications for in - kind City services based on the applicant's response to 9 subjective questions for each event. Each subjective question is worth up to 5 points from the individual Park and Recreation Board members. The individually graded applications are then returned to staff in order to determine the aggregate score. There are a total of 405 possible points on the subjective section and an additional 250 possible points on the objective section of the application with a possible 655 points for each event. The objective section deals with the percent of budget that is publicly funded, the applicant's non-profit status, etc. At the March 23, 2000 and April 27,2000 City Council meetings, the City Council approved the requests of several Special Event Applications for FY 1999-2000, which totaled $65,586 of in -kind services for existing events and $359 of in -kind services for a new event. On August 8, 2000, the Parks and Recreation Board approved the aggregate scoring of two existing Special Events scheduled for 1999- 2000. The Parks and Recreation Board recommended the following Special Event Application for in -kind services: Event In -Kind Percent In -Kind Re uested Awarded Proposed Cowboy $5,680 98% $5,566 -Symposium Fiestas del $14,580 89% $12,976 Llano TOTAL $20,260 1 $18,542 The above requests are for existing events that will occur in the current fiscal year. The approval of the above 2000 events will leave a balance of $95,872 for existing events and $19,641 for new events in FY 1999- 2000. These amounts will be absorbed within the existing departmental budgets. The event organizers will be responsible for making up the difference. Staff recommended approving the two recipients for the in -kind services to be provided through the Special Events Policy adopted by City Council. Corbin Pemberton, Assistant to Director of Civic Services, and Tommy Gonzalez, Assistant City Manager, Civic Services, presented staff comments. 152 Regular City Council Meeting August 24, 2000 Page 153 Motion was made by Councilmember Morrison, seconded by Councilmember Nelson to pass Resolution No. 2000-RO304 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Councilmember Hernandez recused himself. Mayor Sitton and Councilmember Patterson stepped away from the dais. BOARD APPOINTMENTS (69.) Consider three appointments to the Health/Educational Facilities Development Board of Directors. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint Joe Mayes, Michael Ward, and Dr. Tom Tenner to the Health/Educational Facilities Development Board of Directors. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton and Councilmember Patterson stepped away from the dais. (70.) Consider four appointments to the Market Lubbock, Inc., Board of Directors. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint Mike Fields, Ruben Reyes, Jane Anne Stinnett, and Alan White to the Market Lubbock, Inc. Board of Directors. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton and Councilmember Patterson stepped away from the dais. (71.) Consider three appointments to the Youth Commission. Motion was made by Councilmember Nelson, seconded by Councilmember McDougal to appoint Jonathan Duggan, Crystal Gonzales, and Heather Rothwell to the Youth Commission. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton and Councilmember Patterson stepped away from the dais. The next item considered was Item 66. 11:36 A. M. COUNCIL ADJOURNED 0 There being no further business to come before Council, Councilmember Nelson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 5 Yeas, 0 Nays. Mayor Sitton and Councilmember Patterson stepped away from the dais. r WINDY SI �e jDarnell, City Secretary 153 Regular City Council Meeting August 24, 2000 Page 154 Read and approved this" '� day of , 2000. - a")4 h, A /IV/,/ :/) � *646Y SI O , MAYOR ATTEST: Kayth' arnell, City Secretary z 154