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Home My WebLink AboutMinutes - City Council - Regular - 9/13/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 13, 2000 12:00 Noon The City Council of the City of Lubbock, Texas met in regular session on the 13th day of September, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 12:00 Noon. 12:12 P.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councihnember Marc McDougal, Councihnember Frank Morrison, Councilmember David Nelson, Councihnember T.J. Patterson; Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Kaythie Darnell, City Secretary. Councihnembers Cooke and Hernandez were absent. CITIZEN COMMENTS Presentation by J. Phillip Hays, attorney with Moody & Hays, L.L.P., appeared on behalf of Conservatek to discuss Bid #00-177, Presentation by G. Clark Margolf, Executive Vice President of Temcor, and Michael Hicks, attorney with Mullin Hoard & Brown, appeared on behalf of Temcor to discuss Bid #00-177. Presentation by Ken Phillips, individual, regarding budget process and traffic engineering. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Aviation Department; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Police Department; Water Utilities). 12:55 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except for Councihnember Hernandez. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Aviation Department; Police Department; Water Utilities). 155 Regular City Council Meeting September 13, 2000 Page 156 (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: Appointments Advisory Board Community Relations Commission ( 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 (Police Department; Water Utilities). 2:41 P. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present except for Councilmember Hernandez. (8.) Funding presentation and request by the Lubbock Area Coalition for Literacy. Linda Miller, Chairperson and Shelly Morris, Executive Director (5 minutes) Lubbock's Literacy Coalition, a 5010 non-profit corporation, was born in 1989 from the ashes of "Project Life", a federally funded literacy program at South Plains College. Now in its second decade of existence, the sustainability of the Coalition faces serious hazards. Federal grants are over, the funds from the Barbara Bush fundraiser of 1992 are nearing depletion, and available grant sources fund "programs", but not ongoing operational and personnel costs. Local fundraisers since 1992, while relatively successful, and even United Way agency status attained in 1999, have not enabled the Coalition to stabilize its operating funds needs for its modest program of family, workplace, and individual literacy support. In making a funding request of City Council, the Coalition presented its strategy for calling on its present and past stakeholders for a program of ongoing support. This strategy is based in the belief that no community the size of Lubbock should risk the loss of a caring organization that has created so much community awareness, respect, and focus on the literacy issue. Linda Miller, Chairperson for the Coalition, and Shelly Morris, Executive Director, made the presentation. No printed material provided. ( 9.) Presentation by LeRoy Montoya, Dave Kimbrough and Pat Brownd from Lubbock Central Appraisal District (LCAD) on appraisal process. (20 minutes) Given the fact that the appraisal process substantially affects the annual budget, Mayor Sitton thought that it would be a good idea for the Council to hear a presentation concerning the process by which the Appraisal District comes to its conclusions. No printed material provided. 3:52 P. M. WORK SESSION RECESSED 4:10 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers 156 Regular City Council Meeting September 13, 2000 Page 157 Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Kaythie Darnell, City Secretary. Absent: Councilmember Victor Hernandez Mayor Sitton called the meeting to order at 4: 10 P. M. (10.) Father Michael O'Dwyer of St. Joseph's Catholic Church gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Youth Commission (students) Receiving: Jonathan Duggan Crystal Gonzales Heather Rothwell (unable to attend) CITIZEN APPEARANCES Councilmember Hernandez was present. (12.) Presentation of a special recognition designating September 10-16, 2000 as "Respiratory Care Week" in Lubbock. The American Association of Respiratory Care will celebrate Respiratory Care Week September 10-16, 2000 all across the United States. Steve Cade of the South Plains College Respiratory Therapy Department will accept the recognition, along with several Respiratory Therapists from Lubbock. Respiratory Therapy (RT) is a growing professional field, and there is a severe shortage of RTs in the United States. This weeklong campaign is designed to stress the importance of respiratory therapists and their duties and skills. A special recognition was presented in honor of Respiratory Care Week in Lubbock. (13.) Presentation of a special recognition to the Lubbock Homeless Consortium in honor of their service to the community and their upcoming homeless conference. In 1991, the Lubbock Homeless Consortium was established to meet the needs of homeless and at -risk populations through a continuum of care whose goal is to assist homeless people to become productive members of society. As part of their continuing efforts, the Lubbock Homeless Consortium will host a homeless conference on September 21, 2000. This conference will bring together agencies in the region to discuss homeless issues, current resources and future solutions. Sue West, Chairman of the Lubbock Homeless Consortium and Community Service Coordinator for the Community Health Center of Lubbock, and Alex Torres, Director of Human Resources for Goodwill Industries, will accept the special recognition on behalf of the Consortium. A special recognition was presented by Mayor Sitton to Alex Torres and Sue West, representing the Lubbock Homeless Consortium. 157 Regular City Council Meeting September 13, 2000 Page 158 (14.) Presentation of a proclamation to the Community Relations Commission declaring "Undoing Racism Day" in Lubbock. Bob Knight, President of the National League of Cities, is asking all municipalities to issue a proclamation declaring September 20' as National Undoing Racism Day. The purpose of Mayor Knight's request is to spotlight the issue of racism and to showcase what cities across the nation are doing to promote awareness and racial equality. As you are aware, Bob Knight spoke to the City Council, County Commissioners, LISD Board of Trustees, senior staff of Lubbock's universities, and other local business and community leaders during his visit to Lubbock on July 28. Bonner Bennett, Community Relations Commission member, was present at the Council meeting to accept the proclamation. A copy of the proclamation will be sent to the National League of Cities to show Lubbock's support for this effort. (14A.) Presentation of a proclamation to Beverly McBeath and Karen Jacobsen, Race Chairmen, recognizing September 23, 2000 as the "6`h Annual Lubbock Race for the Cure Day." The Susan G. Komen Foundation was established in 1982 by Nancy Brinker in honor of her sister's memory, who died of breast cancer at age 36. The Susan G. Komen Foundation and the National Grant program fund breast cancer research, education, screening and treatment projects. The Race for the Cure is a way for all residents and families to join in the fight against this life -threatening disease. (15.) Presentation by Max Ince regarding proposed cost recovery program at Lake Alan Henry. This item is being placed on the agenda at the request of Mr. Ince. This item was deleted. CONSENT AGENDA (Items 16-42 44-45,) Motion was made by Councilmember McDougal, seconded by Councilmember Morrison to moamnded by approve Items 16-42, and 44-45, on consent agendas recome staff. Motion carried: 7 Yeas, 0 Nays. (16.) Approval of the minutes of the Regular City Council Meeting of August 7, August 8, and August 24, 2000. (17.) ORDINANCE #E2000-00043—Replacing or amending certain sections of the Code of Ordinances of eCity of a , which have become obsolete, superseded or not longerneeded (second and final reading). ORDINANCE NO. 2000-00043 AN ORDINANCE REPEALING OR AMENDINGLUBBOCK, TEXAS SECTIONS WHICH THE CODE OF ORDINANCES OF THE CITYO HAVE BECOME OBSOLETE, SUPERSEDODOR NOT LNGER IDING FOR 1JBLICAT ON NEEDED; PROVIDING A SAVINGS CLAUSE; AND P 158 Regular City Council Meeting September 13, 2000 Page 159 (18.) ORDINANCE #2000-00044—ZONE CASE NO. 2646-A (1717 Norfolk Avenue): 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 (second and final reading). 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. (19.) ORDINANCE #2000-00045—ZONE CASE NO. 2888 (7301 Brownfield Highway): 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 (second and final reading). 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. (20.) ORDINANCE #2000-00046—ZONE CASE NO. 2519-B (northeast corner of 66`b Street and Iola Avenue): Request of Hugo Reed and Associates, Inc. (for TRI-AD Hospitals, Inc.) for a zoning change from R-1 and C4 to C-3 on 32.8 acres of land located in the southern part of Section 36, Block AK (second and final reading). 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. (21.) ORDINANCE 2000-00047—ZONE CASE NO. 2889 (northeast corner of 66`h Street and Iola Avenue): 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 (second and final reading). 159 Regular City Council Meeting September 13, 2000 Page 160 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. (22.) Resolution No. 2000-RO305 authorizing the Mayor to execute a ground lease between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation Center (MHMR) for property situated at 1602 Vanda Avenue. RESOLUTION NO.2000-RO305 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 between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation Center, for the premises situated at 1602 Vanda Avenue, and related documents. Said lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13`' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Gary Smith, Facilities Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Lease is filed with Resolution No. 2000-R0305. This lease provides for MHMR to lease a property and building at 1602 Vanda Avenue from the City of Lubbock for a period of five years. This facility, known as the Billy Meeks Center, has been leased to MHMR since 1993. The lease agreement stipulates that MHMR will pay the City the sum of $210 per month for the term of the lease. At the end of the lease in 2005, there is a provision for a five-year extension. Staff recommended approval of this lease agreement. 160 Regular City Council Meeting September 13, 2000 Page 161 (23.) Resolution No. 2000-RO306 changing authorized representatives on the City's public funds investment pool accounts with the Local Government Investment Cooperative ("LOGIC"). RESOLUTION NO.2000-RO306 A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVE FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the City now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: Signature: /s/ Andy Burcham Printed Name: Andy Burcham Title: Cash & Debt Manager Signature: /s/ Perry Stout Printed Name: Perry Stout Title: Interim Managing Director Finance Signature: /s/ Debra Forte' Printed Name: Debra Forte' Title: Deputy City Manager The foregoing supersedes and replaces the City's previous designation of officers, officials or employees of the City as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. 161 Regular City Council Meeting September 13, 2000 Page 162 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Perry Stout Perry Stout, Interim Managing Director Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The City entered into an Interlocal Agreement with LOGIC on May 23, 1996. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to deposit money to and withdraw money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the City in LOGIC. The updated "Authorized Representatives" will include: Andy Burcham, Cash & Debt Manager, Perry Stout, Interim Managing Director of Finance Debra B. Forte', Deputy City Manager Staff recommended the approval of authorized representatives. (24.) Resolution No. 2000-RO307 changing authorized representatives on the City's public funds investment pool accounts with the Texas Local Government Investment Pool ("TexPool"). RESOLUTION NO. 2000-RO307 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, CITY OF LUBBOCK (the "City") is local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and 162 Regular City Council Meeting September 13, 2000 Page 163 WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. THAT an Authorized Representative of the City may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City's TexPool account or (2) is no longer employed by the City; and SECTION 3. THAT the City may be Amending Resolution signed by the City add an Authorized provided the additional Authorized Representative is an officer, employee, or agent of the City; SECTION 4. THAT the following persons are Authorized Representatives of the participant. These individuals will be issued P.I.N. numbers. 1. Name: Andy Burcham Signature: /s/ Andy Burcham 2. Name: Perry Stout Signature: /s/ Perry Stout 3. Name: Debra Forte' Signature: /s/ Debra Forte' Title: Cash & Debt Manager Direct Phone Number (806)775-2149 Title: Interim Managing Director Finance Direct Phone Number: (806)775-2160 Deputy City Manager Direct Phone Number: (806)775-2015 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Andy Burcham SECTION 5. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the City at its regular/special meeting held on the 13th day of September, 2000. 163 Regular City Council Meeting September 13, 2000 Page 164 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kay hie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Perry Stout Perry Stout, Interim Managing Director Finance APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney The City entered into a Participation Agreement with TexPool on May 28, 1998. Due to recent staffing changes, it is necessary to update and designate new authorized representatives on these accounts. The designation of "Authorized Representative" provides full power and authority to transmit funds for investment in TexPool and withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. The updated "Authorized Representatives" will include: Andy Burcham, Cash & Debt Manager, Perry Stout, Interim Managing Director of Finance Debra B. Forte', Deputy City Manager Staff recommended the approval of authorized representatives. (25.) Resolution No. 2000-RO308 authorizing the Mayor to execute the necessary SFY 2001 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS), the Technical Assistance Negotiated Grant (TANG) and the Interlibrary Loan Grant Program (ILL) . RESOLUTION NO.2000-RO308 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, two (2) Library System Operation Grant Agreements, two (2) Technical Assistance Negotiated Grant Agreements and two (2) Interlibrary Loan Center Grants, by and between the City of Lubbock and Texas State Library and Archives Commission and all related documents. 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. 164 Regular City Council Meeting September 13, 2000 Page 165 Passed by the City Council this 13' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0308. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library and Archives Commission. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library services. At the end of the current state fiscal year (SFY 2000), 34 libraries were qualified for membership. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 1974. This year is the 27th annual such contract renewal. As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the ILL grant program and the Technical Assistance program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. The Technical Assistance program funds the hiring of a full-time technical advisor for public libraries in the WTLS service region. The technical advisor will provide training and technological assistance to all of these area libraries. These three programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City of Lubbock and Lubbock City - County Library for housing of staff and implementation of the service program components. 165 Regular City Council Meeting September 13, 2000 Page 166 The City of Lubbock will receive compensation of 9.03 percent of direct charges to reimburse the cost of fiscal administration of the grant. The West Texas Library System Grant Contract #470-01009 is for $419,698. The Interlibrary Loan Grant Contract #771-01044 is for $66,935. The Technical Assistance Negotiated Grant Contract #476-01019 is for $74,452. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. (26.) Resolution No. 2000-RO309 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a professional services agreement between the City of Lubbock and David Butler, M.D., for services to be rendered as health authority for the City of Lubbock. RESOLUTION NO.2000-RO309 WHEREAS, it is the opinion of the City Council that the health, safety and welfare of the citizens of the City of Lubbock would be served by appointment of a physician as the public Health Authority for the City of Lubbock pursuant to the provisions of Section 121.033, Texas Health & Safety Code; and WHEREAS, the Director of the City Health Department has nominated a qualified physician to perform such duties on behalf of the City of Lubbock; and WHEREAS, the City of Lubbock and said physician have reached an agreement for the performance of such services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby approves the appointment of David Butler, M.D., as the Health Authority for the City of Lubbock pursuant to Chapter 121 of the Texas Health & Safety Code, which appointment shall be effective upon execution of the attached Personal Services Agreement by all parties. The term of such appointment shall be for two years or until such time as a qualified successor shall be appointed. SECTION 2. 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 Professional Services Agreement between the City of Lubbock and David Butler, M.D., for services to be rendered as Health Authority for the City of Lubbock, which agreement is attached hereto and which shall be spread upon the minutes of the this Council and shall constitute and be a part of this Resolution as if fully copied herein in detail. 166 Regular City Council Meeting September 13, 2000 Page 167 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Director 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-R0309. Chapter 121 of the Texas Health and Safety Code states that if the governing body of a municipality or county has established a local health department or public health district, the director is required to appoint a physician as the health authority for the jurisdiction in which he or she serves. Any county or city receiving a grant from the Texas Department of Health for essential public health services must appoint a physician to serve as the health authority. Newly appointed health authorities serve for a term of two years and may be appointed to successive terms. The City of Lubbock recently received an award letter of $222,014 for the Innovation Grant that will provide essential public health services throughout Lubbock County. Pursuant to the grant award, a Health Authority must be appointed prior to receiving the money and implementing the grant. For the past several years, the City of Lubbock has utilized the Texas Department of Health Regional Director, Charles Bell, M.D., for these services at no charge to the City. Regional Directors can no longer fulfill this duty in cities receiving Innovation Grant money. The professional service agreement with Dr. David Butler includes: (1) Establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction, (2) Aiding the State Health Board in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics and general sanitation in the health authority's jurisdiction, (3) Reporting the presence of contagious, infectious, and dangerous epidemic diseases in the health authority's jurisdiction to the State Health Board in the manner and times prescribed by the Board, 167 Regular City Council Meeting September 13, 2000 Page 168 (4) Reporting to the State Health Board on any subject on which it is proper for the Board to direct a report be made, and (5) Aiding the State Health Board in the enforcement of the following in the health authority's jurisdiction: a) proper rules, requirement, and ordinances, b) sanitation laws, c) quarantine rules; and d) vital statistics collection. The City agrees to pay the Physician for services rendered under the agreement at the amount of $150 per hour. The Health Department budgeted a maximum average of two hours each month for these services in next fiscal year's budget. The Health Authority appointment supports the Core Mission of Public Health as it relates to Surveillance, Prevention, Health Education, and Laboratory support. Without the funding from the Texas Department of Health contracts, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Therefore, staff recommended approval of the resolution. (27.) Resolution No. 2000-RO310 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a contract for regional/local health operations (Innovation Grant) between the City and the Texas Department of Health (TDH), including Change No. 02. RESOLUTION NO.2000-RO310 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 Regional/Local Health Operations (Innovation Grant) between City and the Texas Department of Health, including Change No. 02, (TDH Document #7560005906 2001), a copy of which Contract, including Change No. 02, 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Department Director 01 .: Regular City Council Meeting September 13, 2000 Page 169 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-R0310. The Innovation Grant is a new contract designed to strengthen key elements of Essential Public Health Services throughout Lubbock County. Council authorized the grant application on March 23, 2000. This grant directly supports Lubbock City Council Goals/Strategies identified in March 2000 for Health and Community Services. The grant amount is $222,014 and provides funding for 4.5 full-time employees (FTEs), fringe benefits, travel, and supplies. The 4.5 FTEs include a Public Health Nurse, Health Educator, Disease Intervention Specialist, Environmental Specialist, and a part-time intern. The new contract will focus on monitoring the health status throughout Lubbock County by identifying community health hazards and diagnosing and investigating potential health problems and health hazards in Lubbock County. The public is then informed, educated, and empowered about these health issues. Objectives to reach this goal include increased communicable disease reporting, development of a single, 24-hour accessible, seamless reporting program for the entire County, and enhanced Lubbock City Health Department capability to respond to health situations with preventive, prophylactic, and educational activities. Restaurant inspections throughout the county will be conducted on a more routine and extensive basis than currently offered by the State, Hepatitis C education and prevention will be strengthened, private water well bacterial contamination will be assessed, and there will be an increased level of partnering with agencies throughout Lubbock County. The City of Lubbock Health Department has received letters of support for these services from Lubbock County Judge Tom Head; Leon Whetzel, Mayor of Ransom Canyon; Mitch Grant, City Administrator for the City of Slaton; Harry Ford, Mayor of New Deal; Frank Russell, City Manager for Abernathy; Frankie Pittman, City Administrator for Wolfforth; Moe Dozier, Mayor of Shallowater; and Mike Mauldin, Mayor of Idalou. The term for this funding period is July 01, 2000 through August 31, 2001. The Lubbock City Health Department will be eligible to apply for continued funding for this project during the next Request for Proposal period. Approval for continuation funding will be based on project merit and how well the project meets TDH's needs, as well as meeting performance measures and deliverables during the current cycle, and an evaluation of the benefit of the project. No initial grant proposals will be considered for funding beyond August 31, 2003. These programs fulfill the Core Mission of Public Health as it relates to Surveillance, Prevention, Health Education, and Laboratory support. Without the funding from the Texas Department of Health contract, local public health efforts will be greatly impaired and the risk of illness in Lubbock citizens will increase. Therefore, staff recommended approval of the resolution. 169 Regular City Council Meeting September 13, 2000 Page 170 (28.) Resolution No. 2000-RO311 authorizing the Mayor to execute an alley -use license with Lynx Consultants, Inc. for door and window awning encroachments (607 Main). RESOLUTION NO. 2000-RO311 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 Alley Use License with associated documents with Lynx Consultants for eight exterior door and window awnings. 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 the Agreement is filed with Resolution No. 2000-RO311. This alley -use license allows Lynx Consultants to construct eight door and window awning encroachments adjacent to their apartments into the east alley right-of-way in the north half of the north -south alley in Block 121, Original Town Addition. This is located just south of Main Street between Avenue E and Avenue F. This alley -use license will be for 20 years, payable every five years in advance. They will be charged the minimum of $50 per year for this license. The Right -of -Way Department recommended the approval of this alley - use license. (28.) Resolution No. 2000-RO312 authorizing the Mayor to execute a monitor well permit with Merchants Fast Motor Lines, Inc. (4401 Vanda Avenue). 170 Regular City Council Meeting September 13, 2000 Page 171 RESOLUTION NO. 2000-RO312 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 Merchants Fast Motor Lines, Inc. 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 the Agreement is filed with Resolution No. 2000-R0312. This monitor well permit allows Enprotec of Abilene, Texas to drill a monitor well in the east parkway of Vanda Avenue, just south of East 44' Street. Merchants Fast Motor Lines owns the property along the north side of East 44`' Street all the way westward to Martin Luther King, Jr. Boulevard. The TNRCC has identified them as having a leaking fuel tank problem and the TNRCC has requested that a monitor well be drilled off -site to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. The City will receive $100 per year for this monitor well permit. The Right -of -Way Department recommended the approval of this monitor well permit. (29.) Resolution No. 2000-RO313 authorizing the Right-of-way Department to make an offer to Ron and Rick Betenbough for a 7.928-acre tract of land for a City Park in Section 9, Block J-S, Lubbock County (1701 Kirby Avenue). 171 Regular City Council Meeting September 13, 2000 Page 172 RESOLUTION NO. 2000-RO313 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for public park purposes, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME Ron Betenbough and Rick Betenbough AMOUNT $170, 000.00 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of above -described parcel of land being Ron Betenbough and Rick Betenbough BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel, which is the amount appraised as the value and total damages for the granting of fee simple title, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes, Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 172 Regular City Council Meeting September 13, 2000 Page 173 A copy of "Exhibit A" is filed with Resolution No. 2000-R0313. This 7.928-acre tract of land is being purchased for a park site in the Northridge School area. This area is north of 19`' Street, south of 11' Street, between Milwaukee Avenue and Iola Avenue. This park site was appraised by Tommy Cantrell, MAI, for $170,000. This equates to approximately $21,443 per acre. He utilized recent sales of subdivision and acreage land in the surrounding area. Large acreage sales were around the $5,000 to $7,000 per acre range while small acre sales were in the $20,000 to $27,000 range. Therefore, our offer to the Betenboughs is $170,000. The Right -of -Way Department recommended the approval of our offer to Ron and Rick Betenbough. (30.) Resolution No. 2000-RO314 authorizing the Right-of-way Department to make an offer to the Lubbock Independent School District for ten acres of land for a City Park located in Section 6, Block E, Lubbock County (7401 Cedar Avenue). RESOLUTION NO. 2000-RO314 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for public park purposes, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to following described parcel of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: OWNER'S NAME AMOUNT Lubbock Independent School District, a Municipal Corporation $65,000.00 SECTION 2. LEGAL DESCRIPTION: A tract of land out of the Southwest quarter (SW1/4) of Section 6, Block E, Lubbock County, Texas, and more particularly described by metes and bounds, as follows: BEGINNING at an iron pipe found 660 feet East of the Northwest corner of the Southwest 1/4 of said Section 6; said pipe being the Northeast corner of a 10 acre tract, and the Northwest corner of this tract; THENCE South 660 feet to an iron pipe for the Southwest corner of this tract; THENCE East 660 feet to a point for the Southeast corner of this tract; THENCE North 660 feet to an iron pipe set for the Northeast corner of this tract; THENCE West 660 feet to the place of beginning, and containing 10 acres. SECTION 3. THAT the owners of above -described parcel of land being the Lubbock Independent School District BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel, which is the amount appraised as the value and total damages for the 173 Regular City Council Meeting September 13, 2000 Page 174 granting of fee simple title, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes, Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 The recent bond election provided for the acquisition of several new parks throughout the City. One such park is to be located at the southeast corner of East 74'' Street and Cedar Avenue. This 10-acre vacant land tract is owned by the Lubbock Independent School District and was appraised by Gary Phillips, MAI, for $65,000 or $6,500 per acre. The LISD has approved this sale to the City for $65,000. The Right -of -Way Department recommended the approval of our offer to the LISD. (32.) Resolution No. 2000-RO315 authorizing the Mayor to execute a monitor well permit with Equiva Services LLC on behalf of Equilon Enterprises LLC for use of the City street (5201 28`h Street). RESOLUTION NO. 2000-RO315 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 Equiva Services, L.L.C., on behalf of Equilon Enterprises, L.L.C. 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. 174 Regular City Council Meeting September 13, 2000 Page 175 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 the Agreement is filed with Resolution No. 2000-R0315. This monitor well permit allows Equiva Services LLC to drill a monitor well in the south parkway of 28' Street, just west of Slide Road. On the east side of Slide Road is a Texaco Service Station whom the TNRCC has identified as having leaking fuel tanks 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. (33.) Resolution No. 2000-RO316 authorizing acceptance of water and sanitary sewer improvements for Lots 183-204, South Mesa Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2000-RO316 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 183 - 204, SOUTH MESA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 183 - 204, South Mesa 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 sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $45,270.80 b with the improvements constructed by Utility Contractors of America having a value of $38,066.37 as determined by the unit prices established by said Chapter 28, and $7,204.43 cash paid to the City, which amount includes $6,464.52 cash for adjacent lines, with Joe Stettheimer the developer, to receive a refund of $29,646.48 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 175 Regular City Council Meeting September 13, 2000 Page 176 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 $29,646.48 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 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 $45,270.80 and has a value of $38,066.37 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 $7,204.43 that includes $6,464.52 for adjacent mains. The developer, Joe Stettheimer, will receive a refund of $29,646.48 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located on 77' Street between Avenues R and S. Staff recommended acceptance of the improvements. (34.) Resolution No. 2000-RO317 authorizing acceptance of water and sanitary sewer improvements for Lots 114-121, Revier Homestead Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2000-RO317 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 114 - 121, REVIER HOMESTEAD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 114 - 121, Revier Homestead Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article 176 Regular City Council Meeting September 13, 2000 Page 177 IV, 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 $14,224.93 with the improvements constructed by Utility Contractors of America having a value of $13,170.95 as determined by the unit prices established by said Chapter 28, and $1,053.98 cash paid to the City, which amount includes $689.00 cash for adjacent lines, with Betenbough Companies the developer, to receive a refund of $5,344.17 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 $5,344.17 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Cartel Chester Cartel, Chief 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 $14,224.93 and has a value of $13,170.95 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 $1,053.98 that includes $689.00 for adjacent mains. The developer, Betenbough Companies, will receive a refund of $5,344.17 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 10th Street and Genoa Avenue. Staff recommended acceptance of the improvements. 177 Regular City Council Meeting September 13, 2000 Page 178 (35.) Resolution No. 2000-RO318 authorizing acceptance of water and sanitary sewer improvements for Lots 1-12, Kings Ridge Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO.2000-RO318 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 - 12, KINGS RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 - 12, Kings Ridge 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 sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $34,831.98 with the improvements constructed by Utility Contractors of America having a value of $33,536.25 as determined by the unit prices established by said Chapter 28, and $1,295.73 cash paid to the City, which amount includes $0.00 cash for adjacent lines, with Medallion Development Corp. the developer, to receive a refund of $19,096.82 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 $19,096.82 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Cartel, Chief 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 $34,831.98 and has a value of $33,536.25 as 178 Regular City Council Meeting September 13, 2000 Page 179 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 $1,295.73 that includes $0.00 for adjacent mains. The developer, Medallion Development Corp., will receive a refund of $19,096.82 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 101" Street and Orlando Avenue. Staff recommended acceptance of the improvements. (36.) Resolution No. 2000-RO319 authorizing acceptance of water and sanitary sewer improvements for Tract A, Kings Ridge Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 2000-RO319 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR TRACT A, KINGS RIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Kings Ridge 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 sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $49,333.84 with the improvements constructed by Utility Contractors of America having a value of $43,503.50 as determined by the unit prices established by said Chapter 28, and $5,650.34 cash paid to the City, which amount includes $4,244.04 cash for adjacent lines, with Kings Ridge Church of Christ the developer, to receive a refund of $20,976.58 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 $20,976.58 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Cartel Chester Cartel, Chief Engineer, Water Utilities 179 Regular City Council Meeting September 13, 2000 Page 180 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 $49,333.84 and has a value of $43,503.50 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 $5,650.34 that includes $4,244.04 for adjacent mains. The developer, KingsRidge Church of Christ, will receive a refund of $20,976.58 in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 98th Street and Orlando Avenue. Staff recommended acceptance of the improvements. (37.) Resolution No. 2000-RO320 authorizing the Mayor to execute on behalf of the City of Lubbock a professional services contract between the City of Lubbock and Contract Asset Management, Inc. to provide professional power broker and power sales consulting services for Lubbock Power & Light. RESOLUTION NO.2000-RO320 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 Professional Services Contract between the City of Lubbock and CAM, I to provide professional power broker and sales consulting services to LP&L, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13`' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Regular City Council Meeting September 13, 2000 Page 181 APPROVED AS TO CONTENT: /s/ Paul E. Thompson Paul E. Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Contract is filed with Resolution No. 2000-R0320. An existing three-year professional services contract LP&L had with Contract Asset Management, Inc. (CAM,I) recently expired. The intent of the original contract was to increase LP&L's commercial accounts by establishing a relationship with an outside sales consultant. That contract proved to be beneficial and LP&L would like to continue the relationship by executing a new three-year contract. CAM,I's compensation will continue to be straight commission based. There will be no cost to LP&L if CAM,I does not perform. The new contract is essentially the same contract as before with a few minor changes including clarifying language and fixing typographical errors. The commission schedule has also been fine tuned to make the contract easier to administer and to provide increased incentive for adding larger commercial accounts versus smaller commercial accounts. The new contract will also allow for three additional one-year extensions by mutual agreement. Due to the beneficial nature of the previous contract and the expected continuation of that benefit under a new contract, LP&L recommended that the Mayor and City Council approve this professional services contract. (38.) Resolution No. 2000-RO321 authorizing the Mayor of the City of Lubbock to renew the medical services contract between the Lubbock Police Department Temporary Holding Facility and the Physicians Network Association (PNA). RESOLUTION NO. 2000-RO321 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 Physicians Network Association, a contract for medical services at the City of Lubbock Temporary Holding Facility, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 181 Regular City Council Meeting September 13, 2000 Page 182 APPROVED AS TO CONTENT: /s/ Tom Mann Tom Mann, Lieutenant, Lubbock Police Department 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-R0321. This contract allows Physicians Network Association to continue providing medical services to the Lubbock Police Department's temporary holding facility. The Police Department recommended the passing of this resolution. (39.) Resolution No. 2000-RO322 authorizing the Mayor of the City of Lubbock to execute the 2000 Local Law Enforcement block grant application with the United States Department of Justice for training purposes, purchase of equipment for the Lubbock Police Department, and to authorize expenditure of one -ninth matching funds upon award of the grant. RESOLUTION NO.2000-RO322 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 and related documents to the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grants Program for funds for new technology and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $25,087, which is one -ninth of $225,779 and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grant Program. Passed by the City Council this 13' day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police 182 Regular City Council Meeting September 13, 2000 Page 183 APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 2000-R0322. The Omnibus Fiscal Year 1999 Appropriations Act (Public Law 104- 208) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. The Police Department of the City of Lubbock requests that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requests this grant to purchase new technologies that will enhance training capabilities. Some of the funds may be used to purchase new computerized training equipment and upgrade existing computer equipment. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $225,779. The City's share will be $25,087. The grant also calls for the City to establish an advisory board to review the application for funding and make non -binding recommendations on the use of the funding. The Police Department recommended the passing of this resolution. (40.) Resolution No. 2000-RO323 authorizing the Mayor to execute a contract for services with Barbara T. McCall Associates, Inc., for federal legislative consulting. RESOLUTION NO.2000-RO323 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract between the City of Lubbock and Barbara T. McCall Associates, Inc., for federal legislative consulting services, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 183 Regular City Council Meeting September 13, 2000 Page 184 APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett, Director of Communication and Legislation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0323. This is a renewal of the contract currently in effect between the City of Lubbock and Barbara T. McCall Associates, Inc. This firm provides federal legislative consulting services for the City of Lubbock as well as City of Austin, City of Dallas, and City of Plano. Barbara T. McCall Associates, Inc. has been contracted by the City of Lubbock since 1985. The term of the contract under consideration begins October 1, 2000 and ends September 30, 2001. The Director of Legislation recommended the execution of this agreement. (40A.) Resolution No. 2000-RO324 authorizing the City Manager or the City Attorney or his or her designee access to information made confidential by subsection 143.089(g) of the Texas Local Government Code. RESOLUTION NO.2000-RO324 WHEREAS, the Attorney General of the State of Texas has determined in Texas Attorney General Opinion No. JC-0283 (September 7, 2000) that information made confidential by Subsection 143.089(g) of the Local Government Code may be released to the City Manager and City Attorney of municipalities that have adopted Civil Service under Chapter 143, Local Government Code, upon approval of the governing body of the municipality; and WHEREAS, the City Council finds that it would be in the public interest to approve the release of Subsection 143.089(g) records to the City Manager and/or the City Attorney of the City of Lubbock or their designee when either such officer in good faith deems it to be in the best interest of the citizens of the City of Lubbock to obtain such records; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs that Subsection 143.089(g) records be released and made available to the City Manager and/or the City Attorney of the City of Lubbock or their designee upon request of either such officer of the City of Lubbock upon either such officer's good faith determination that such release would be in the best interest of the citizens of the City of Lubbock. Regular City Council Meeting September 13, 2000 Page 185 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine for 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 Summary is filed with Resolution No. 2000-R0324. The Attorney General of the State of Texas ruled, on September 7, 2000, in Attorney General Opinion No. JC-0283, that information made confidential by Subsection 143.089(g) of the Local Government Code may be released to the City Manager or the City Attorney in municipalities where Civil Service has been adopted, upon approval of the governing body. Lubbock is a civil service city, and the Fire and Police Departments maintain 143.089(g) personnel files on fire fighters and police officers. The Attorney General opinion states that, while 143.089(g) provides that the department [meaning fire or police department] may not release any information contained in the department file to any agency or person requesting information relating to a fire fighter or police officer, the chief executive and the members of the governing body and any other individual in the chain of command are not persons "outside the department." Those individuals are supervisors of the department. Furthermore, without complete access to the subsection (g) files, the chief executive and members of the governing body may be unable to effectively perform their duties. Without independent oversight of their supervisors, the fire and police departments might come to function as completely independent arms of the municipality. Thus, the governing body and the chief executive have an inherent right, in their official capacities, to examine records contained in subsection (g) files, and may likewise designate individuals, including the city manager and the city attorney, who may have access to those files. The City Attorney recommended approval of the resolution authorizing the City Manager or the City Attorney or his or her designee access to subsection (g) files. (41.) Resolution No. 2000-R0325/BID #00-142 -- School Zone Pager System Traffic Engineering). 185 Regular City Council Meeting September 13, 2000 Page 186 RESOLUTION NO.2000-RO325 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 #00-142 to furnish school zone pager system, by and between the City of Lubbock and Consolidated Traffic Controls, 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 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 Purchase Order is filed with Resolution No. 2000-R0325. This bid is for the purchase of equipment for a school zone pager system. This equipment is part of the new signal system upgrade changing the existing school zone time switches to a pager system. The new system will allow for programming of school zones with a single page instead of sending a technician out to the 58 locations. The bid received from Naztec, Inc. of Sugar Land, Texas is not acceptable for the following reasons: 1. The software individually pages each zone independently instead of one page for all zones. There will be approximately 40 zones created. This will require an unacceptable delay of up to 40 minutes to send all pages. 2. The copy feature does not allow one to copy a portion of the schedules from one zone to another without copying the full database for that zone. This requires additional editing of various schedules after copying to a different zone. 3. The clock sends a quick on/off output to the flasher for a minute when it encounters a plan that has been overridden with an exception plan (holiday, alternate, period). This causes the light OR Regular City Council Meeting September 13, 2000 Page 187 to flash when it is programmed not to flash. This can give the appearance that the flasher is in operation when it should not be, confusing both motorists and police officers. 4. There is a two -minute window before the scheduled flash that when the clock is set to that window the flasher turns on and operates the two minutes in addition to the scheduled flash time. The low bid is $32,654 from Consolidated Traffic Controls, Inc. of Arlington, Texas and is within the Traffic Computer System Design budget amount. (42.) Resolution No. 2000-R0326/RFP #00-175 -- Convention Center, Performing Arts Theater and Sports arena Master Plan (Civic Services). RESOLUTION NO.2000-RO326 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 Thompson, Ventulett, Stainback, & Associates, Inc., a contract to perform master plan design services, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Vickie Key Vickie Key, Civic Centers 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-R0326. In 1993, a Master Plan for Civic Center Expansion was developed that identified various expansion components and how they could be incorporated into a phased expansion. Other projects have been identified as possible future components to the Master Plan. There is also renewed interest in an expansion of the Civic Center. This project will update the Civic Center Master Plan to include obtaining cost 187 Regular City Council Meeting September 13, 2000 Page 188 estimates for these projects and determining how any or all of these components can be incorporated into the Plan. Requests for Proposals were solicited from qualified firms interested in providing master planning design services. The City received written proposals from four firms. These proposals were reviewed and evaluated by a selection review committee. Based on the cumulative ratings and reference checks, the committee recommended contract award to Thompson, Ventulett, Stainback & Associates of Atlanta, Georgia in association with BGR Architects -Engineers of Lubbock, Texas. Both of these firms developed the original Civic Center Master Plan in 1993 and provided architectural and design services for the Civic Center Renovation project. Thompson, Ventulett, Stainback & Associates will be the lead firm and contracting party. A summary of the key provisions of the contract is as follows: 1. The firm will provide programming, construction cost and master planning services for the Civic Center area. 2. The firm will complete the services within a six -week schedule once the Notice to Proceed is issued. 3. The fee schedule will be as follows: a. A flat lump sum fee of $40,000 will be paid for the architectural and engineering services. b. Reimbursable expenses, which includes expenditures for travel and lodging of team members, expense of reproduction documents and long distance telephone communications, will be in addition to the lump sum fee. These will be invoiced at a multiple of 1.1 times the actual expenses. The Committee recommended the firm of Thompson, Ventulett, Stainback & Associates, in association with BGR Architects -Engineers. (43.) Resolution No. 2000-R0329/BID #00-177 -- Clear Span Aluminum Domes and Column Supported Roofs (Water Utilities). This item was moved to Regular Agenda and considered following the Consent Agenda. RESOLUTION NO.2000-RO329 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract per ITB #00-177 to furnish all materials and services for clearspan aluminum domes and column supported roofs, by and between the City of Lubbock and Temcor of Carson, California, 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. Regular City Council Meeting September 13, 2000 Page 189 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 13th day of September, 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 Temcor, of the City of Carson, County of Los Angeles, and the State of California, 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 #00-177 - CLEAR SPAN ALUMINUM DOMES AND COLUMN SUPPORTED ALUMINUM ROOFS - $3,409,000.00 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. ow Regular City Council Meeting September 13, 2000 Page 190 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/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Assistant Corporate Secretary /s/ Angela Luna CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Temcor Bv: /s/ C. A. Tourville PRINTED NAME: C. A. Tourville TITLE: President COMPLETE ADDRESS: Temcor 24724 So. Wilmington Avenue Carson, California 90745 This bid is for the demolition of existing concrete roof at pump station #4 roof, aluminum dome roofs at pump stations #6, #7, #8 and Sudan pump station. It will also include the construction of rectangular roofs at pump stations #3 and #4. The TNRCC has required the city to replace the existing flat concrete roofs on our existing water storage reservoirs. This work is necessary due to the age and condition of the concrete as it could allow infiltration of water through the roof. The low bid is $3,409,000 from Temcor of Carson, California and is within the Pump Station Rehabilitation budget amount. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to pass Resolution No. 2000-RO329 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Nelson voted nay. The next item considered was Item 46. (44.) Resolution No. 2000-R0327/BID #00-179 -- Fagade Renovations for North University Businesses (Community Development). RESOLUTION NO. 2000-R0327 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock hereby contractauthorized for a�ade directed to execute for and on behalf of the City of Lubbock a renovations for north university businesses, by and between the City of Lubbock and Wardroup &Associates of Lubbock, Texas anasif related my setforth herein aents. Said ndact is shall attached hereto and incorporated in this resolution be included in the minutes of the City Council. 190 Regular City Council Meeting September 13, 2000 Page 191 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 13th day of September, 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 Wardroup & Associates, 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 #00-179 - FACADE RENOVATIONS FOR SELECTED NORTH UNIVERSITY BUSINESSES - $174,823.00 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. 191 Regular City Council Meeting September 13, 2000 Page 192 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/ Alex "Ty" Cooke /s/ Kaythie Darnell by B. Garza MAYOR PRO TEM Secretary APPROVED AS TO CONTENT: /s/ Bill Howerton Jr. CONTRACTOR: Owner's Representative /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Wallace C. Wardroup Wardroup & Associates, Inc. By: /s/ Dennis W. Wardroup PRINTED NAME: Dennis W. Wardroup TITLE: President COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 This bid is for fagade improvements for businesses located on North University. These improvements should help the revitalization of the area and encourage other businesses to upgrade their storefronts. Hopefully, new businesses and customers will be drawn into the area. The low bid is $184,223 from Wardroup & Associates, Inc. of Lubbock Texas and is within the Community Development Block Grant 1997-98 Fagade Improvements budget amount. (45.) Resolution No. 2000-R0328BID #00-212 -- Aircraft Rescue & Fire Fighting Proximity Gear (Fire). RESOLUTION NO. 2000-RO328 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 #00-212 to furnish aircraft rescue and fire fighting proximity gear, by and between the City of Lubbock and Farrera Fire Apparatus, 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. 192 Regular City Council Meeting September 13, 2000 Page 193 Passed by the City Council this 13th day of September, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell 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 Purchase Order is filed with Resolution No. 2000-R0328. This bid is for the purchase of 18 Aircraft Rescue and Fire Fighting (ARFF) Proximity Gear ensembles for fire fighting personnel stationed at the airport. Each ensemble consists of a helmet, garment, shroud, gloves, and footwear. All articles of clothing are specifically designed to be used in fire fighting operations, other than structural, to protect the body from high levels of radiant heat and provide thermal protection from conductive and convective heat present during proximity fire fighting and related emergencies. This acquisition will update existing gear and ensure compliance with National Fire Protection Standards 1976, "Standard on Fire Protective Ensemble for Proximity Fire Fighting, 2000 Edition". The bid submitted by Rescue Concepts, Inc., of Dayton, Texas, was not quoted as specified and rejected because their bid price included coat and trousers only, not the ensemble as specified in the bid documents. The low bid is $26,731.98 from Ferrara Fire Apparatus, Inc., of Holden, Louisiana, and is within the Supplies - Other Clothing Supplies/Other Equipment budget amount. Approximately 90 % of the funds required for this purchase will be provided by an FAA Airport Improvement Program grant. 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. (46.) ORDINANCE #2000-00048—ZONE CASE NO. 1923H (northeast corner of West Loop 289 and 56h Street): 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 (second and final reading). 193 Regular City Council Meeting September 13, 2000 Page 194 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. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second reading Ordinance No. 2000-00048 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. (47.) ORDINANCE #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" Street) (second and final 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. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass second reading Ordinance No. 2000- 00049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke recused himself. The next item considered was Item 54. PUBLIC HEARINGS (48.) Hold a public hearing on proposal to increase tax revenues for Fiscal Year 2000-2001 for the City of Lubbock. Mayor Sitton opened the public hearing at 4:30 p.m. Anna Mosqueda, Managing Director of Management Services for the City of Lubbock presented staff comments. The following appeared to address the City Council on this issue: David Delamar, Patricia Franks, Marilyn Tumbow, Brad Clarity, Donna Reddell, June Hutson, Milton Hutson, Mikel Ward, Cecil Puryear, Russell King, Emma Jackson, Armando Gonzales, Gail Johnson, and Rick Spivey. Mayor Sitton closed the hearing at 5:18 p. m. At its budget work session meetings in August, the City Council discussed the proposed budget and the proposed tax rate necessary to fund debt and operations and maintenance requirements for the General um Regular City Council Meeting September 13, 2000 Page 195 Fund. At that time the City Council voted to propose a tax rate of 58 cent per $100 valuation which is 3.37 % above the effective rate, but is below the roll back rate; and, to set a date for a public hearing to allow citizen input on that proposed rate. Under current state law, municipalities have the latitude to adopt and levy a tax rate of up to 3 % above the effective rate (that rate which will generate the same amount of revenue from the same property on the tax rolls the prior year) without requiring publication of additional one-fourth page notices and a separate hearing to announce a tax revenue increase. This allows municipalities a modest growth of up to 3 % over the effective rate in order to help offset some of the increased costs of services and delivery of additional services in a growing community. Truth -in -taxation laws very strictly regulate the calculation and timetable for the adoption of a tax rate as well as for the form and content of published notices. The proposed rate of 58 cents per $100 valuation for the FY 2000-2001 budget, although the same nominal rate as adopted last year, exceeds 3 % of the effective rate. The notice setting the public hearing and recording City Council vote on the proposed rate was published as required by law. After today's public hearing on the proposal to increase the tax rate the City Council will set a date to adopt and levy a tax rate. In addition, the remainder of the budget schedule is as follows: Week of September 18: Publish second one-fourth page ad "Notice of Vote on Tax Rate". This must be published before the meeting to adopt and levy tax rate. September 27: Next scheduled City Council meeting, second reading of _. ordinances to adopt a budget, adopt and levy tax rate, adopt TMRS retiree annuity increase to 70 % of CPI. After adoption, a copy of the final budget will be filed with the City Secretary and County Clerk's Office. Action required by Council following the public hearing on the tax rate is that they set the date and time of the public meeting at which they will adopt and levy tax rate. This may be set by minuted action of the Council. There is an action item on the Council agenda to record that action. The public meeting MUST be held no less than 3 days and no later than 14 days after the public hearing on proposal to increase tax revenues. The date for that public meeting is set for September 27, 2000 at 10: 30 a.m. (49.) Hold a public hearing on the proposed budget for Fiscal Year 2000- 2001 for the City of Lubbock. Mayor Sitton opened the public hearing at 5:20 p.m. Anna Mosqueda, Managing Director of Management Services for the City of Lubbock, presented staff comments. The following appeared to address the City Council on this issue: David Delamar, Patricia Franks, Marilyn Tumbow, Brad Clarity, Nadia Gonzales, Mikel Ward, Cecil Puryear, Dennis Howard, and Kevin McMahon. Mayor Sitton closed the hearing at 5:53 p. in. A public hearing has been posted and notices published as required by state law to allow taxpayers an opportunity to comment on the proposed FY 2000-2001 budget. The public hearing is scheduled for 5 p.m. on Wednesday, September 13. 195 Regular City Council Meeting September 13, 2000 Page 196 The budget was filed with the City Secretary's office as required by state law and also made available for public review at the City Libraries and Community Centers. The proposed budget complies with all legal requirements and all mandatory notices have been published. No property tax rate increase is proposed; it remains at 58 cents per $100 valuation. Total net assessed valuation as certified by the Lubbock Central Appraisal District is $6,638,911,093 representing a 7.5 % increase over last years total net assessed valuation. Of this increase, $117 million is a result of the newly annexed area, and $164 million is due to new property and improvements. The balance of the increase ($181 million) is due to other changes and re -valuations. General Fund expenditures are projected to be $89,375,083. This represents an increase of $5,192,290, or 6.1 % over the original 1999- 2000. The Community Investment Fund established in FY 1998-99 will receive 1 % of gross revenues from the General Fund and those Enterprise Funds that benefit from community growth, Electric, Water, Sewer and Solid Waste. Additionally, the Solid Waste Fund will contribute an additional enhanced contribution of $1 million to the Community Investment Fund. The Community Investment Fund is a separate fund that will be used for economic development projects as approved by Council. At the end of each fiscal year transfers will be made subject to any extraordinary events that might require the funds to be used to meet operating requirements. Annual review will be conducted by the City Manager prior to the transfer to assure that the transfer to the Community Investment Fund does not jeopardize the integrity of the contributing operating funds. There has been no change to the Enterprise Fund budgets since Council work session discussions in early August. No new rate increases are proposed. Rates for water and sewer service are incorporated in accordance with the scheduled increases adopted as part of the budget process last year. The scheduled increases are 4 % for water to fund the North Panhandle Plains Project and 3 % for sewer for operations and capital projects. A change to increase TMRS retirement annuities. Currently the annuity is 50 % of Consumer Price Index (CPI) change. The proposed change will increase TMRS retirement annuities to 70 % of the CPI. The only change made to the budget as filed after Council budget work session is a change to the wording for Fire Department on the Personnel Summary to accommodate staffing changes. The public hearing allows for citizen comment on the FY 2000-2001 budget. After closing the public hearing on the budget, the Council action items for today are the first readings of ordinances adopting the budget, setting and levying the tax rate, and TMRS increase to service annuities for retirees. (50.) Set a date for public meeting to adopt and levy tax rate for Fiscal Year 2000-2001. A date was set for September 27, 2000 at 10:30 a.m. E6'Z:1 Regular City Council Meeting September 13, 2000 Page 197 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass a date for public meeting as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (51.) Ordinance No. 2000-00050 approving and adopting a budget for Fiscal Year 2000-2001 for the City of Lubbock (first reading). ORDINANCE NO.2000-00050 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 2000-01 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 2000-01 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS AND POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE. The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting the budget for the City of Lubbock for Fiscal Year 2000-2001. The budget ordinance must be considered first, followed by the ordinance on the tax rate. The ordinance will be placed on the Wednesday, September 27 Council agenda for second reading and adoption of the budget. Bob Cass, City Manager, presented staff comments and at Council's request outlined expenditure cuts that would need to be made to reduce the tax rate by one cent -from 58 to 57 cents per $100 valuation. Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to pass on first reading Ordinance No. 2000- 00050 with a reduction of one cent or the tax rate and $640,000 decrease in general fund expenditures. Motion carried: 7 Yeas, 0 Nays. Comments: Councilmember Patterson referenced the inclusion of other locations for Christmas Lights. Councilmember Hernandez expressed interest in hearing the Fire Department's presentation regarding wage requests. (51.) Ordinance No. 2000-00051 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 2000 (first reading). ORDINANCE NO.2000-00051 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 2000; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES SHALL BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. The City of Lubbock Charter requires two reading of ordinances. This is the first reading of the ordinance adopting and levying a tax rate for the City of Lubbock for Fiscal Year 2000-2001. The budget ordinance must be considered first, followed by the ordinance adopting and levying a tax 197 Regular City Council Meeting September 13, 2000 Page 198 rate. The ordinance will be placed on the Wednesday, September 27 Council agenda for second reading and adoption of the budget. The proposed rate is 58 cents per $100 valuation, based on a certified next taxable value of $6,638,911,093 as submitted by the Chief Appraiser of the Lubbock Central Appraisal district. The tax rate is to be distributed as outlined in the tax rate ordinance. After lengthy discussion Council directed staff to revise ordinance for second reading to reduce tax rate one cent. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 2000- 00051 with a reduction of one cent in the property tax rate from 58 cents to 57 cents per $100 valuation. Motion carried: 7 Yeas, 0 Nays. (53.) Ordinance No. 2000-00052 to authorize a repeating annual increase equal to seventy percent of the change in the Consumer Price Index for retirement annuities under the Texas Municipal Retirement System (TMRS) (first reading). ORDINANCE NO.2000-00052 AN ORDINANCE PROVIDING FOR INCREASE PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF LUBBOCK, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Several years ago, the City Council adopted an ordinance authorizing an annual repeating increase to TMRS retirement annuities. The increase is equal to a percentage of the change in the Consumer Price Index. Currently the annuity increase is 50 percent of CPI change. Representatives of the retirees' association had asked that the City fund increases equal to 70 percent of CPI change. If adopted, an individual annuity amount under TMRS will increase by 70 percent of the total increase in the Consumer Price Index, less any previously granted increases. Total change in CPI is calculated for the period beginning on the effective date of retirement and ending 13 months prior to the effective date of the increase. The increase will be effective January 1, 2001. The City TMRS contribution rate will decrease from 13.60 percent to 13.38 percent effective January 1, 2001 if there are no plan changes. Adoption of the 70 percent of CPI annuity increases the current City contribution rate 0.42 percent. This is a cost of approximately $94,684 for FY 2000-01. However, with the estimated rate decrease the City's actual new contribution rate will be 13.80 percent. The actual net increase of the TMRS changes for FY 2001-01 is approximately $35,522. The increase to the City's contribution rate at the same 70 percent level in future years will be lower than in the first year. Annual increases to the rate beginning in the second year range from 0.04 percent to 0.11 percent. A 70 percent of CPI increase is the maximum allowed under the TMRS statute. Regular City Council Meeting September 13, 2000 Page 199 Staff recommended that Council approve this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Morrison to pass on first reading Ordinance No. 2000- 00052 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (54.) Consider two appointments to the Airport Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Steve Hurt and Calvin Jackson - Davis to the Airport Board. Motion carried: 7 Yeas, 0 Nays. (55.) Consider one appointment to the Community Development and Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint E. C. Leslie to the Community Development and Services Board. Motion carried: 7 Yeas, 0 Nays. (56.) Consider one appointment to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint R. David Freriks to the Permit and License Appeal Board. Motion carried: 7 Yeas, 0 Nays. (57•) Consider five appointments to the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Paul Goebel, Robert Jones, Marianne Overton, Daniel Pope and Gary Rothwell to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. (58.) Consider three appointments to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Bruce Curlee, Arden Hawkins, and David Spears to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. The neat item considered was Item 48. 6:19 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 7 Yeas, 0 Nays. 199 Regular City Council Meeting September 13, 2000 Page 200 WINDY SITTOIN, M ATTEST: KaytY - Darnell, City Secretary Read and approved this &-4&1 day of 000. 41NDY4SIO,A OR A TTF CT 200