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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/7/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 7, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 7th day of November, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson Absent: Mayor Pro Tem Alex "Ty" Cooke and Councilmember T.J. Patterson were absent. CITIZEN COMMENTS One citizen, Joe Bragg appeared to express comments to the Council as to the naming of a park in honor of his late father. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager); to deliberate, vote and take final action on electric rates or Lubbock Power and Light (Electric Utilities); to deliberate, vote and take final action on the budget for electric capital projects of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas; Lubbock Power & Light; Parks 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 (Stormwater Utilities; Streets Engineering; Water Utilities). 7:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on the budget for electric capital projects of Lubbock Power & Light (Electric Utilities) Regular City Council Meeting November 7, 2000 Page 330 ( 5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Energas; Lubbock Power & Light; Parks Department; Police Department; Water Utilities). ( 6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Planning and Zoning Commission ( 7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Stormwater Utilities; Streets Engineering; Water Utilities) . 9:50 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. ( 8.) Presentation of financing plans for general purpose and solid waste capital projects approved in the 2000-2001 capital projects budget. Andy Burcham, Cash and Debt Manager. Capital projects for streets, parks and traffic control were approved in the September 18, 1999 bond election —totaling $37.4 million. The City is preparing to issue approximately $9.1 million in bonds to fund a portion of those approved projects. This is phase 2 of the five-year plan. A capital project for the City's Solid Waste System was approved in the 2000-01 capital projects budget. Bonds totaling approximately $2.77 million will fund this project. This presentation provided details on these proposed bond issues. Council action will be taken at a future date to approve the issuance of these bonds. No action was required on this item. ( 9.) Presentation on the name candidates for five lakes, eight parks, nine athletic facilities and the model airplane airport as recommended by the Parks and Recreation Board. Phyllis Jones, Chair, Parks and Recreation Board (20 minutes) In June 1999, Carter & Burgess, Inc. presented the City Council a feasibility study to complete the Canyon Lakes System. Among the recommendations was a suggestion to formally name the four lakes that were completed in the 1970s. In response, a Park Naming Committee, a sub -committee of the Parks and Recreation Board, was formed in August 1999. This board consisted of Phyllis Jones, Chair; Olga Aguero; Bobbe Crawford; and J.R. Morales. The committee was responsible for generating name candidates for the four Canyon Lakes as well as two parks. The committee set the following criteria to select names for Park facilities: 330 Regular City Council Meeting November 7, 2000 Page 331 1. The person can be deceased or living. 2. The person will have made a significant contribution to the community (land, time, money, programs, etc.). 3. The name should have regional or cultural significance. 4. The name should be important to community. 5. The park could be named after the subdivision in which it is located and a lake could be named after a park adjacent to the lake. At the December 9, 1999 City Council meeting, the Parks and Recreation Board submitted recommendations for naming four canyon lakes and two parks. At that time, the board was directed to solicit input from the public and to expand the naming opportunities to the properties that will be developed under the recently approved bond program. Written nominations were accepted from the public through May 31, 2000. Furthermore, staff and board members attended various neighborhood association meetings to explain the facility naming process and criteria as well as to solicit input. A total of 93 names was submitted to the Parks and Recreation Board. Due to the overwhelming response from the public, the naming opportunities were expanded to include baseball and softball fields as well as a model aircraft airport. The following is a brief background on the properties to be named: ♦ Canyon Lakes 1, 2, 3, 4 & 6 The original vision for the development of the Canyon Lakes System dates back more than 30 years. The development had its beginning in 1966 when the Yellow House Canyon began to be converted from a dumping ground into a major regional park. Now recognized as one of the largest city -owned regional parks in the country, the 2,000-acre linear system includes four of the originally planned lakes along a six - mile corridor. The Canyon Lakes system also represents one of the largest reclaimed water systems in the country today and it exemplifies a creative use of effluent as the water source for the Canyon Lakes. The recently approved bond package includes funding for Lake ##4, which will be constructed over the next five years. ♦ 83rd & Grover Avenue Lubbock Land Company (LLC) developed a 2.4-acre park at this location. As part of an agreement between LLC and the City in 1992, following completion of the development the former would maintain the property for one year prior to the land being deeded to the latter. The land was deeded to the City on December 16, 1994. The park consists of 4 benches, 56 trees, 1 BBQ grill, 1 trashcan and a walking track. ♦ Seven new parks are funded by the 2000 General Obligation Bond Sale: • Horizon West/Westwind Neighborhoods • Northridge Elementary Neighborhood • Westend Neighborhood • Sandlewood Neighborhood • Smithlawn Neighborhood 331 Regular City Council Meeting November 7, 2000 Page 332 ■ Chapel Hill Neighborhood • Skyview Neighborhood ♦ Nine ballfields at various locations: ■ Mackenzie Fields #5, #6 and #7 ■ Mose Hood North and South Fields ■ Lou Stubbs East and West Fields ■ Four Field Complex at Bill McAlister Park ■ Mackenzie Athletic Complex ♦ Model Aircraft Airport Located at 15' Street and Inler Avenue (FM 179), this 9.4-acre area was acquired in April 1976 from the Bureau of Outdoor Recreation for use in perpetuity for the public purpose of a radio controlled model airfield. Brief biographies for the twenty-four names being recommended are included in the Agenda Backup. Phyllis Jones, Chair of the Parks and Recreation Board, made a presentation to City Council on the name candidates for five lakes, eight parks, nine athletic facilities and the model airplane airport as recommended by the Parks and Recreation Board. 10:37 A. M. WORK SESSION RECESSED 10:52 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Assistant City Secretary Absent: None Mayor Sitton called the meeting to order at 10:52 A. M. (10.) Jerry Ramirez, Student Minister of Oakwood Baptist Church gave the invocation. (11.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Lisa Flathers Building Board of Appeals Receiving: Art Cuevas Andy Hutchison Public Transit Advisory Board Receiving: Jay Jacobus (unable to attend) 332 Regular City Council Meeting November 7, 2000 Page 333 CITIZEN APPEARANCES (12.) Presentation of Government Finance Officers Association (GFOA) Distinguished Budget Award Presentation for the 1999-00 City of Lubbock Budget Document. The Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award is the one of the highest forms of recognition by the organization. The award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. In order to receive the budget award, the City of Lubbock had to satisfy nationally recognized guidelines for effective budget presentation. Budget documents must be rated "proficient" in all four of the following categories to receive the award: ♦ A policy document ♦ A financial plan ♦ An operations guide; and ♦ A communication device The award is valid for a period of one year and must be applied for during each fiscal year. The City of Lubbock document was one of 87 Texas cities to receive the award. This will be the sixteenth year the City of Lubbock Budget and Research Department has received this award. Don Ives, Finance Director from the City of Greenville, made the Distinguished Budget Award presentation with comments and a plaque to the City. Leslie Cox gave special recognition to: Melissa Trevino, Irma Martinez, Chad Copeland, Randy Brown and Shelley Goodknight of the Budget and Research Department. No action was required on this item. (13.) Presentation of a special recognition to the Lubbock Inter -Agency Adoption Council commemorating November 2000 as National Adoption Month in Lubbock. In order to promote adoptions in Lubbock and across our nation, November 2000 is being recognized as National Adoption Month. The Lubbock Inter -Agency Adoption Council consists of adoption agencies and support organizations throughout Lubbock. Their mission is to promote all types of adoptions including adoption of infants, older children, sibling groups and medically fragile children. The Council holds an annual conference to provide information to adoptive parents and individuals seeking to adopt in the future. John Sigle from the Children's Home of Lubbock is President of the Council and accepted this special recognition. He was joined by the following representatives: ♦ Tasha Gossett (unable to attend), Vickie Russell and Linda Guyton, The Children's Home of Lubbock ♦ Craig Langford, Buckner Children and Family Services ♦ Chris Gallarneau, Methodist Children's Home ♦ Cindy Barker and Susan Moeller, Texas Dept. of Protective and Regulatory Services 333 Regular City Council Meeting November 7, 2000 Page 334 ♦ Francis Phillips and Jo Ann Phillips, Smithlawn Home Maternity and Adoption Services ♦ Dr. David Peebles (unable to attend) and Howard Hulett (unable to attend), National Council for Adoption A special recognition was presented commemorating November 2000 as National Adoption Month. (14.) Presentation of a special recognition to the Texas Tech University Student Association of Social Workers commemorating November 6- 13, 2000 as National Random Acts of Kindness Week in Lubbock. In order to promote this event, November 6-13, 2000 is being recognized as National Random Acts of Kindness Week in Lubbock and across our nation. The purpose of this recognition was to remind people that simple day-to-day acts of kindness will enable our community to become a kinder, safer and more secure environment in which to live, work and play. Rose Herr, President of the Texas Tech University Student Association of Social Workers accepted this recognition. The Association has activities planned to highlight this week including delivery of cookies to the Police Department for the Police Officers. A special recognition was presented commemorating November 6-13, 2000 as National Random Acts of Kindness Week. Rose Herr, President, presented a special gift to Mayor Sitton on behalf of the Texas Tech University Student Association of Social Workers. CONSENT AGENDA (Items No. 1541, 4348) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve Items 15-41, 43-48 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (15.) Approval of the minutes of the Regular City Council Meeting of October 26, 2000. (16.) ORDINANCE #2000-00008—Abandoning and closing a portion of an alley in Block 138, Original Town Addition to the City of Lubbock (510 13'b Street) (second and final reading). ORDINANCE NO.2000-00008 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 138, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance was read as a routine consent agenda item at the February 24, 2000 City Council meeting. The Right -of -Way Department recommended the approval of the second reading of this ordinance. 334 Regular City Council Meeting November 7, 2000 Page 335 (17.) ORDINANCE #2000-00059—Abandoning and closing an underground utility easement located in the North Ridge Addition to the City of Lubbock (3106 Canyon Road) (second and final reading). ORDINANCE NO.2000-00059 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE NORTHRIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A 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. (18.) ORDINANCE #2000-00060—Abandoning and closing an underground street light cable easement in the North Tech Addition to the City of Lubbock (3415 Fordham Street) (second and final reading). ORDINANCE NO.2000-00060 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN THE NORTH TECH 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. (19.) ORDINANCE #2000-00061—ZONE CASE NO. 2255-I (north of 661h Street and approximately 300 feet west of Frankford Avenue): Request of Tan Nguyen for a zoning change from C-2 to C-3 for a car wash on Lot 24, Spur 327 Business Park Addition (second and final reading). ORDINANCE NO.2000-00061 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-I; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOT 24, SPUR 327 BUSINESS PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2000-00062—ZONE CASE NO. 1662-F (southwest corner of 5 ph Street and Interstate Highway 27): Request of Hugo Reed and Associates (for Dilip C. Patel) for a zoning change from A- lto IHC for a motel on Lots 5-7 and 9-12, Drive -In Subdivision (second and final reading). ORDINANCE NO.2000-00062 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1662-F; A ZONING CHANGE FROM A-2 TO IHC ZONING ON LOTS 5-7 AND 9-12, DRIVE-IN SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 335 Regular City Council Meeting November 7, 2000 Page 336 (21.) ORDINANCE #2000-00063—ZONE CASE NO. 2081-D (west of Frankford Avenue on &' Street): Request of Postar & Postar, Inc., for a zoning change from C-3 and C4 Specific Use to C-4 Specific Use for a mini -warehouse on Tract F, Crows Nest Addition (second and final reading). ORDINANCE NO.2000-00063 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2081-D; A ZONING CHANGE FROM C-3 AND C-4 SPECIFIC USE TO C-4 SPECIFIC USE ZONING ON TRACT F, CROWS NEST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (22.) ORDINANCE #2000-00064—Amending Chapter 24 of the Code of Ordinances of the City of Lubbock, Texas, with regard to designating the East-West Freeway to be constructed from I-27 to Southwest Loop 289, Lubbock, Texas, as the "Marsha Sharp Freeway" (second and final reading). ORDINANCE NO.2000-00064 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DESIGNATING THE NEW EASTIWEST FREEWAY TO BE CONSTRUCTED FROM INTERSTATE HIGHWAY 27 TO SOUTHWEST LOOP 289 IN LUBBOCK, TEXAS, AS THE MARSHA SHARP FREEWAY AND DIRECTING THE CITY ENGINEER AND TRAFFIC ENGINEER TO COORDINATE WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO INDICATE SUCH NAME ON OFFICIAL MAPS AND INSTALL APPROPRIATE SIGNAGE TO REFLECT SUCH NAME AS NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (23.) Ordinance No. 2000-00065 abandoning and closing a portion of 5r Street adjacent to the Drive -In Addition to the City of Lubbock (5702 I-27) (first reading). ORDINANCE NO.2000-00065 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 57TH STREET LOCATED ADJACENT TO THE DRIVE IN SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 60-foot by 148.40-foot section of 57t' Street just west of I-27, adjacent to the Drive -In Addition. The Drive -In Addition and the street area being closed are being replatted into a single tract of land for a new Super 8 Motel. The total area being closed is 8,904 square feet. This has been valued by the Right -of -Way Department at $00.75 per square foot or $6,678. The north 20 feet will be dedicated as a utility easement and this 20-foot area of the street will be valued at 50% of the value, or a $1,113 credit for a total closure cost due the City of $5,565. All utilities are in agreement with this street closure. 336 Regular City Council Meeting November 7, 2000 Page 337 The Right -of -Way Department recommended the approval of the first reading of this ordinance. (24.) Ordinance No. 2000-00066 to amend Section 28-93 of the City of Lubbock Code of Ordinances to provide for a late charge to be applied to overdue sewer bills (first reading). ORDINANCE NO.2000-00066 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING SECTION 28- 93 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY PROVIDING FOR A FIVE PERCENT (5 %) PENALTY FOR ALL PAST DUE SEWER SERVICE CHARGES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Currently, the only billing ordinance authorizing the City to apply a 5 % late fee to an overdue bill is in the water ordinance. The sewer ordinance does not currently authorize a late be assessed on overdue sewer bills. The proposed ordinance will make the sewer ordinance consistent with the water ordinance by authorizing the City to assess a 5 % late charge on all overdue sewer bills. Staff recommended approval of this item. (25.) Ordinance No. 2000-00067 amending Section 23-33 of the City of Lubbock Code of Ordinances to provide for a late charge to be applied to overdue solid waste bills (first reading). ORDINANCE NO.2000-00067 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING SECTION 23- 33 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY PROVIDING FOR A FIVE PERCENT (5 %) PENALTY FOR ALL PAST DUE SOLID WASTE DISPOSAL CHARGES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Currently, the only billing ordinance authorizing the City to apply a 5 % late fee to an overdue bill is in the water ordinance. The solid waste ordinance does not currently authorize a late be assessed on overdue solid waste bills. The proposed ordinance will make the solid waste ordinance consistent with the water ordinance by authorizing the City to assess a 5 % late charge on all overdue solid waste bills. Staff recommended approval of this item. (26.) Ordinance No. 2000-00068 amending Section 28-26 of the City of Lubbock Code of Ordinances to eliminate the requirement to collect deposits (first reading). ORDINANCE NO.2000-00068 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTIONS 28-26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ELIMINATING THE REQUIREMENT THAT DEPOSITS BE TAKEN FOR USE OF THE CITY'S WATER SYSTEM; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 337 Regular City Council Meeting November 7, 2000 Page 338 The requirement that the City pay interest on deposits collected and amount of a reasonable deposit when compared to the cost of administering and returning the deposit does not justify the practice of collecting deposits. This ordinance amended the water billing ordinance to eliminate the requirement of collecting deposit and calls for the return of all deposits collected within two years. Staff recommended approval of this item. (27.) Resolution No. 2000-RO397 authorizing the Mayor to execute a lease agreement with Allen Doggett for a Water Utilities stack lot (7439 85`b Street). RESOLUTION NO.2000-RO397 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease agreement between the City of Lubbock and Allen Doggett, for a tract of land to be used as a stack lot for water utilities pipe and related materials, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ William de Haas William de Haas, Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0397. Due to the annexation in Southwest Lubbock, the City's Water Utilities Department is planning to start their second installment of water lines in this area immediately. They have already ordered the pipe and need a stack lot in the area of 82' Street and Upland Avenue. Allen Doggett has agreed to lease the City a site measuring 300 feet by 250 feet on 85' Street just east of Wausau Avenue. This lease will be for one year with two 6-month option periods for a total of two years. L Regular City Council Meeting November 7, 2000 Page 339 They have agreed to lease the City this tract of land for $1,000 per year. The City will fence this property in and stack material and equipment on it. The Right -of -Way Department recommended the approval of this lease. (28.) Resolution No. 2000-RO398 authorizing the Right -of -Way Department to make an offer to Walter B. Mantooth for a 0.30 acre tract of land for the Milwaukee Avenue Widening Project, 4th Street to 34' Street, located in Section 10, Block JS, Lubbock County (402 Milwaukee Avenue). RESOLUTION NO.2000-RO398 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 Milwaukee Avenue widening project from 41n Street to 34' Street and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Walter B. Mantooth, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $31,200.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney 339 Regular City Council Meeting November 7, 2000 Page 340 A copy of Exhibit "A" is filed with Resolution No. 2000-R0398. The City of Lubbock is in the beginning stages of acquiring right-of-way for the widening of Milwaukee Avenue from 4' Street to 34`' Street. There will be approximately seven fee simple parcels and 5 drainage slope easements to be acquired. This first resolution is for a 0.30-acre parcel of land for the west side of Milwaukee Avenue from 4°i Street southbound to about 10' Street. Tommy Cantrell appraised this parcel and Shaw Wofford reviewed the appraisals. The 0.30-acre (13,068 square feet) fee simple taking was appraised for $31,200. Mr. Cantrell appraised 4,582-square feet of the taking that is commercial zoned at $6 per square foot. for $27,500. He appraised 7,093 square feet of it that is residential zoned at $0.28 per square foot for $2,000, and appraised 1,393 square feet that is church zoned at $1.25 per square foot for $1,700 for a total offer to Mr. Mantooth of $31,200. This resolution also authorized condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of this offer to the property owner. (29.) Resolution No. 2000-RO399 authorizing the Right -of -Way Department to make an offer to Milwaukee Four North Joint Venture and Milwaukee Four South Venture for a 0.18 acre tract of land for the Milwaukee Avenue widening project, a Street to 34'h Street, located in Section 9, Block JS, Lubbock County (401 Milwaukee Avenue). RESOLUTION NO.2000-RO399 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 Milwaukee Avenue widening project from 4`b Street to 3e Street and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land further described in Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Milwaukee Four North Joint Venture and Milwaukee Four South Joint Venture, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $29,700.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title. 91 Regular City Council Meeting November 7, 2000 Page 341 Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is fled with Resolution No. 2000-R0399. This right-of-way taking is needed for the Milwaukee Avenue widening project from 4`' Street to 34' Street. This parcel is located along the east side of Milwaukee Avenue from 4' Street southward to approximately 8' Street and contains 0.18 acres or 7,840.80 square feet. Tommy Cantrell appraised this parcel and Shaw Wofford reviewed the appraisal. This 0.18-acre fee simple taking was appraised for $29,700. Mr. Cantrell appraised 4,204 square feet of the taking at $6 per square foot that is commercial zoned for $25,200 and 3,637 square feet of the taking at $1.25 for apartment zoned property for a total offer to Milwaukee Four North and South Joint Ventures for $29,700. This resolution also authorized condemnation proceedings to acquire this property if our offer is refused. The Right -of -Way Department recommended the approval of this offer to the property owner. (30.) Resolution No. 2000-RO400 authorizing the Right -of -Way Department to make an offer to Tamarack Petroleum Company, Inc. for oil operating facilities adjustment or relocation in conjunction with the Marsha Sharp Freeway Railroad Relocation Project (north of Kent Street, east of FM 179). RESOLUTION NO.2000-RO400 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 interests for municipal public use and purposes, to -wit: for the East- West Freeway Railroad Relocation Project; and WHEREAS, Tamarack Petroleum Company, Inc. owns certain oil pipelines located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 27, 1966, 341 Regular City Council Meeting November 7, 2000 Page 342 by and between M. T. Stanton et al, and Tamarack Petroleum Company, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas. WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Tamarack Petroleum Company, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the owner of the above -described interest in land, Tamarack Petroleum Company, Inc., BE offered through the Right -of -Way Department of the City of Lubbock $11,420.00, which is the amount appraised as the cost to lower and encase 300 feet of flow line on the above described Railroad Parcel 1RR40X and total damages, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad Relocation Project; 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 necessary property interests in such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Ed Bucy /s/ Linda Chamales Ed Bucy, Right -of -Way Agent Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0400. Tamarack Petroleum Company, Inc. of Midland has one flow line that the soon to be constructed railroad will cross on parcel 1RR40. This parcel is just north of Kent Street and east of FM 179. Tamarack has given the City their relocation cost for this adjustment work and the City had an appraiser, Jim Bowman, MAI, review their cost. Mr. Bowman reviewed these costs with other oil field service companies to determine if this estimate is within the market. Tamarack submitted an estimate of $96, 800 to replace and lower their flow line. However, Mr. Bowman visited with these other oil field service companies and determined that instead of replacing the entire flow line, 300 feet of it could be replaced, lowered and encased at a much smaller cost. After obtaining estimates, he determined a cost of $11,420 to perform this work. Therefore, our offer to Tamarack is $11,420. If our offer is refused, this resolution authorizes condemnation proceedings to acquire this property interest. 342 Regular City Council Meeting November 7, 2000 Page 343 The Right -of -Way Department recommended the approval of our agreement with Tamarack Petroleum Co., Inc. (31.) Resolution No. 2000-RO401 and Resolution No. 2000-RO402 authorizing the Right -of -Way Department to make an offer to Texas Energy Sources, Inc. for oil operating facilities adjustment or relocation in conjunction with the Marsha Sharp Freeway Railroad Relocation Project (north of Kent Street, east of FM 179). RESOLUTION NO. 2000-RO401 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 interests for municipal public use and purposes, to -wit: for the East- West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated June 27, 1966, by and between M. T. Stanton et al and Tamarack Petroleum, Inc, Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc. recorded in Volume 2262, Page 20, of the Property Records of Lubbock County. WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the owner of the above -described interest in land, Texas Energy Sources, Inc., BE offered through the Right -of -Way Department of the City of Lubbock, $57,400.00, which is the amount appraised as the cost to flare the tank battery on the above described Railroad Parcel 1RR40X and total damages thereto, for the use and benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad Relocation Project; 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 necessary property interests in such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 7' day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 343 Regular City Council Meeting November 7, 2000 Page 344 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0401. RESOLUTION NO.2000-RO402 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 interests for municipal public use and purposes, to -wit: for the East- West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR41X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 29,1966, by and between McCleary Estate and Tamarack Petroleum, Lessee, and recorded in Volume 33, Page 276, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc., recorded in Volume 2217, Page 214, of the Property Records of Lubbock County. WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East-West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the owner of the above -described interest in land, Texas Energy Sources, Inc., BE offered through the Right -of -Way Department of the City of Lubbock, $13,550.00, which is the amount appraised as the cost to lower and encase 300 feet of flow line on the above described Railroad Parcel 1RR41X and total damages thereto, for the use and benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad Relocation Project; 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 necessary property interests in such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 7' day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary 344 Regular City Council Meeting November 7, 2000 Page 345 APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0402. Texas Energy Sources, Inc. of Midland has an underground flow line and an oil tank battery that needs a flare system to burn excess gas that the soon to be constructed railroad will cross on Parcels 1RR40X and 1RR41X. Both of these parcels are just north of Kent Street and east of FM 179. Texas Energy Sources, Inc. has given the City their relocation cost for this adjustment work and the City had an appraiser, Jim Bowman, MAI, review their costs. Mr. Bowman reviewed these costs with other oil field services companies to determine if these estimates are within the market. Texas Energy Sources, Inc. submitted an estimate of $57,050 to replace their flow line on Parcel 1RR41X. However, Mr. Bowman visited with these other service companies and determined that instead of replacing the entire flow line, 300 feet of it could be replaced, lowered, and encased at a smaller cost. After obtaining estimates, he determined a cost of $13,550 to perform this work. The railroad is crossing between two tank batteries where oil is stored and unburned hydrogen sulfide gas is often present. At first, Texas Energy Sources wanted the City to move each of the tank batteries further away from the railroad right-of- way to prevent any possible ignition of these gasses, but settled on installing a flame system on each of the tank batteries. One tank battery is 175 feet north of the row and the other tank battery is 535 feet south of the railroad row. Texas Energy Sources prepared a cost to install a flare system on the north tank battery at $133,975 and a cost of $129,345 to install a flare system on the south tank battery. The City's appraiser, Jim Bowman, visited with the Texas Railroad Commission (TRC) regarding the installation of these flare systems on the two tank batteries. According to the TRC, only the tank battery on the north side should be flared because of its proximity to the railroad right-of-way Mr. Bowman then obtained estimates on installing a flare system on this north tank battery and determined a cost of $57,400 to install a flare system on this north tank battery and left the south tank battery as is. Therefore, our total offer to Texas Energy Sources is $70,950. These two resolutions state exactly what Texas Energy Sources will do on each parcel and for this approved amount of money. If our offer is refused, this resolution authorizes condemnation proceedings to acquire this property interest. The Right -of -Way Department recommended the approval of our agreement with Texas Energy Sources, Inc. (32.) Resolution No. 2000-R0403 authorizing the Mayor to execute an amendment to the water supply contract between the City of Lubbock and the Town of Ransom Canyon. 345 Regular City Council Meeting November 7, 2000 Page 346 RESOLUTION NO. 2000-RO403 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of Contract between the City of Lubbock and the Town of Ransom Canyon, and any other 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 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2000-R0403. The amendment of contract conditionally extends the term of the contract, dated on or about December 15, 1988, by and between the City and the Town of Ransom Canyon. The Amendment of Contract is an element of the proposed settlement and compromise of the dispute regarding SOAH Docket No. 582-00-0397, TNRCC Docket No. 2000- 0152-MWD. Staff recommended approval of this item. (33.) Resolution No. 2000-RO404 authorizing the Mayor to execute an amendment to the water supply contract between the City of Lubbock and the Lubbock County Water Control and Improvement District #1. RESOLUTION NO.2000-RO404 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment of Contract between the City of Lubbock and Lubbock County Water Control and Improvement District No. 1, and any other 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. 346 Regular City Council Meeting November 7, 2000 Page 347 Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director Water Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Contract is filed with Resolution No. 2000-R0404. The amendment of contract conditionally extends the term of the contract, dated on or about July 13, 1989, by and between the City and Lubbock County Water Control and Improvement District No. 1. The Amendment of Contract is an element of the proposed settlement and compromise of the dispute regarding SOAH Docket No. 582-00-0397, TNRCC Docket No. 2000-0152-MWD. Staff recommended approval of this item (34.) Resolution No. 2000-RO405 authorizing the Mayor to execute a commercial tax abatement agreement with Sonic. RESOLUTION NO.2000-RO405 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Sonic, attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kavthie Darnell by B. Garza Kaythie Darnell, City Secretary 347 Regular City Council Meeting November 7, 2000 Page 348 APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0405. The City of Lubbock has received an application for commercial tax abatement from Sonic to build a new quick service restaurant facility at a location that includes 103 and 105 North University and 2508 and 2510 l' Street in the Lubbock 2000 North Enterprise Zone. The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $350,000; $250,000 for the building and $100,000 for tangible personal property. This facility will create approximately 30 new jobs over the next 7 months. The estimated amount of the new payroll created will be approximately $400,000 annually. The project also commits to hire 30 % of its new employees from one of the three enterprise zones in the City. Market Lubbock considered this application at its October 11, 2000 Board Meeting and has recommended a 5 year, declining scale tax abatement for the project. The abatement amount for the City of Lubbock is approximately: Year 1 100% $2,030 Year 2 80 % $1, 624 Year 3 60 % $1, 218 Year 4 40 % $812 Year 5 20 % $406 The total city abatement over the life of the contract is $6,090. The total county abatement over the life of the contract would be $3,130. The project will add $350,000 in new value to the tax base in the North Enterprise Zone and promote additional commercial development in the enterprise zones. Under the current guidelines, Sonic is eligible and meets all the criteria for tax abatement. The Notice of Intent was approved by the City Council on October 26, 2000. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of five years with a declining schedule beginning with 100% and declining by 20% each year. (35.) Resolution No. 2000-R0406 to reimburse bond -funded capital expenditures on general purpose improvements with proceeds of future debt. 348 Regular City Council Meeting November 7, 2000 Page 349 RESOLUTION NO.2000-RO406 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for general purpose improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $9,100,000. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kavthie Darnell by B Garza 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 Capital projects recommended by the Citizens Advisory Committee, amounting to approximately $37.4 million, were approved in the September 18, 1999 bond election. The second phase of these projects will be funded at this time. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are not expected to be delivered until early spring 2001. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be 349 Regular City Council Meeting November 7, 2000 Page 350 completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allowed reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $9,100,000. (36.) Resolution No. 2000-RO407 to reimburse bond -funded capital expenditures on solid waste improvements with proceeds of future debt. RESOLUTION NO.2000-RO407 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for solid waste improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED oreimburse capital expenditures w Y THE TY capi0UNCIL OF THE res with ISSUER THAT the Issuer reasonably expects respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,770,000. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie Darnell b B. Garza Kaythie Darnell, City Secretary 350 Regular City Council Meeting November 7, 2000 Page 351 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 Bond -funded capital projects for the City's Solid Waste System were approved in the 2000-2001 Capital Projects Budget. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are not expected to be delivered until early spring 2001. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allowed reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $2,770,000. (37.) Resolution No. 2000-RO408 to reimburse bond -funded capital expenditures electric system improvements with proceeds of future debt. RESOLUTION NO. 2000-RO408 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for electric system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $9,055,000. 351 Regular City Council Meeting November 7, 2000 Page 352 Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza 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 Bond -funded capital projects for the City's Electric System were approved in an amendment to the 2000-2001 Capital Projects Budget. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2000-2001 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allowed reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $9,055,000. (38.) Resolution No. 2000-RO409 to reimburse bond -funded capital expenditures on stormwater system improvements with proceeds of future debt. RESOLUTION NO. 2000-RO409 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for stormwater system improvements for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and 352 Regular City Council Meeting November 7, 2000 Page 353 WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursements; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with -� respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $35,000,000. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Perry Stout Perry Stout, Interim Managing Director Finance APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney Bond -funded capital projects for the City's Stormwater System were approved in the 1999-2000 and the 2000-2001 Capital Projects Budgets. City Council will consider any budgeted amount of construction projects to be financed with bond proceeds. The bond proceeds are expected to be delivered within the 2000-2001 fiscal year. For authorized construction projects there may be design and engineering costs incurred prior to delivery of the bond proceeds in order that the projects may be completed within prescribed timeframes. The City must declare its intent to reimburse bond -funded construction costs that are incurred prior to the bond issuance for the costs to be eligible for reimbursement with bond proceeds. This resolution allowed reimbursement of authorized costs incurred in advance of the bond issuance in order that projects may be completed within prescribed timeframes. Staff recommended approval of this resolution to reimburse no more than $35,000,000. (39.) Resolution No. 2000-R0410 authorizing the Mayor to execute a severance agreement with the City Manager. 353 Regular City Council Meeting November 7, 2000 Page 354 RESOLUTION NO.2000-RO410 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 severance agreement by and between the City of Lubbock and Bob Cass, the City Manager. Said agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0410. The law firm of Fletcher and Springer, L.L.P has opined neither the City Charter of the City of Lubbock nor any other law of the state prohibits the granting of a severance agreement to the City Manager and the City Attorney. The City of Lubbock desired to continue to employ the services of Bob Cass as City Manager and Anita Burgess as City Attorney. The City deems it to be in the best interest of the City and the community for both officers to remain in service of the City of Lubbock, and toward the end of stabilizing both, offers a mutually binding severance agreement for a period of five years. It is recommended that the City Council approve the resolution authorizing the Mayor to execute a severance agreement with the City Manager and the City Attorney. (40.) Resolution No. 2000-RO411 authorizing the Mayor to execute a severance agreement with the City Attorney. RESOLUTION NO. 2000-RO411 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 severance agreement by and between the City of Lubbock and Anita Burgess, the City Attorney. Said agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 354 Regular City Council Meeting November 7, 2000 Page 355 Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-RO411. The law firm of Fletcher and Springer, L.L.P has opined neither the City Charter of the City of Lubbock nor any other law of the state prohibits the granting of a severance agreement to the City Manager and the City Attorney. The City of Lubbock desired to continue to employ the services of Bob Cass as City Manager and Anita Burgess as City Attorney. The City deems it to be in the best interest of the City and the community for both officers to remain in service of the City of Lubbock, and toward the end of stabilizing both, offers a mutually binding severance agreement for a period of five years. -- It is recommended that the City Council approve the resolution authorizing the Mayor to execute a severance agreement with the City Manager and the City Attorney. (41.) Resolution No. 2000-RO412 authorizing the Mayor to execute an interlocal agreement with the Lubbock County Hospital District for cooperative purchasing. RESOLUTION NO.2000-RO412 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for cooperative purchasing, by and between the City of Lubbock and Lubbock County Hospital District, and related documents. Said Interlocal Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 355 Regular City Council Meeting November 7, 2000 Page 356 Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Interlocal Agreement is filed with Resolution No. 2000-R0412. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume. 2. Lower (shared) administrative costs. 3. Improved response from vendors. 4. Shared experience leading to better product specification. 5. Better compliance with state statutes on purchasing. VTCA Government Code Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other, to provide governmental functions and services, and to join together in contracting with others to provide goods and services. The City of Lubbock and the Lubbock County Hospital District desired to cooperate on select governmental purchases in order to enjoy greater economy of scale and thereby reduce prices for certain commodities used by both governmental entities. Examples are diesel fuel and unleaded gasoline for ambulances, first responder vehicles, and hospital security vehicles. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and the Lubbock County Hospital District will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a 356 Regular City Council Meeting November 7, 2000 Page 357 general rule, the governmental entity that uses the most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended approval of the resolution. (42.) RFP # 97219—Digital Imaging System (Police Administration) This item was deleted. (43.) Resolution No. 2000-R0413/BID #00-196—Construct Aircraft Rescue and Fire Fighting Training Facility (Aviation). This bid is for the construction of an Aircraft Rescue and Fire Fighting Training Facility at Lubbock International Airport (LIA). This facility will allow the firefighters at LIA to conduct live fire training as mandated under Federal Aviation Regulations. Currently, the airport does not have the facilities to conduct this type of training. Instead, the fire fighters are sent out to train at other airports that have similar facilities, such as Amarillo International Airport and DFW Airport. RESOLUTION NO. 2000-RO413 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to construct an Aircraft Rescue and Fire Fighting Training Facility, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by R. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 357 Regular City Council Meeting November 7, 2000 Page 358 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 7th day of November, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #00-196 - CONSTRUCT AIRCRAFT RESCUE & FIRE FIGHTING TRAINING FACILITY - $2,753,101.87 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Becky Garza Secretary APPROVED AS TO CONTENT: /s/ John McGinley Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Peggy H. Young CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Brown -McKee, Inc. Bv: /s/ Mike P. Oles PRINTED NAME: Mike P. Oles TITLE: President COMPLETE ADDRESS: Brown -McKee, Inc. P.O. Box 3279 Lubbock, Texas 79452-3279 358 Regular City Council Meeting November 7, 2000 Page 359 Due to the high cost of travel and overtime, the airport can only afford to send each fire fighter to live -fire training once each year, barely meeting the minimum standards set by the Federal Aviation Administration. This facility will allow us to increase the frequency and quality of training, enhancing the readiness and improving the morale of our fire fighting crews. The original closing date for bids on this project was September 19, 2000. Because only one bid was received at that time, the bid package -- was returned to the bidder unopened. The bidding period was then extended through October 16, 2000, and additional outreach efforts were undertaken. During the extended period, two additional bidders expressed interest in the project, but ultimately chose not bid due to the complexity and uniqueness of the project. At the second bid closing, the City once again received only one bid. The bid was from Brown - McKee, Inc. of Lubbock, Texas and is the same company that submitted the only bid on September 19. Brown-McKee's second bid was opened. The total bid price was $2,753,101.87, which is $419,844.37 higher than the engineer's estimate of $2,333,257.50. An analysis of the bid tabulation by the engineer indicated that the primary difference between the estimate and the bid was in the cost of the mechanical work, which is a major component of the construction. They also indicated that the engineer's estimate was based on actual construction costs of similar projects in other regions of the country, adjusted for regional differences. The engineers came to the conclusion that the cost differential was primarily driven by a lack of availability of mechanical firms in the West Texas Region that are capable of undertaking a project of this scale and complexity. The engineer stated that it is unlikely that staff will be able to overcome this factor through additional bidding and recommended awarding the contract to Brown -McKee. After analyzing the bid and the recommendation of the engineer, the airport staff went to the Airport Board with a recommendation to award the bid. The Airport Board, however, voted to recommend against award of the contract. The vote was five against with two abstaining. The discussion at the meeting focused on general concerns about awarding a bid that exceeds the engineer's estimate when there was only one bidder. In all other respects, the Airport Board was satisfied with the staff recommendation. The Purchasing Department and the airport staff have reviewed the bid process and the engineer's recommendation and have concluded that it is unlikely that the City will get additional participation through an additional bidding process. Accordingly, staff recommended to the City Council that the bid be awarded to Brown -McKee, subject to the receipt of FAA approval of funds for the project. Funding for the project will come from two sources: $2,379,970 will come from a grant under the Airport Improvement Program (AIP), and $373,132 will come from the FAA's passenger facility charge program (PFC). The City has received approval of its AIP grant request for this project. An application for the PFC funds will be submitted after City Council approval of this construction contract. Staff has coordinated with the FAA in advance of the formal PFC application and anticipates approval. 359 Regular City Council Meeting November 7, 2000 Page 360 Staff recommended bid award to Brown -McKee, Inc. of Lubbock Texas in the amount of $2,753,101.87, subject to FAA approval of funding for the project. (43.) Resolution No. 2000-R0414/RFP #201-00/RS—A/E Services for the Bill McAlister Park Master Plan (Park Development). In November 1996, the design team of Carter & Burgess, Inc. was commissioned by the City of Lubbock to provide a visionary plan as a working document to guide the department into the next century and to meet current and future needs of the changing population in Lubbock. A primary goal of the plan was to provide recommendations that are community driven. Carter and Burgess, Inc. presented the 1998 Lubbock Comprehensive Parks, Recreation and Open Space Master Plan to the City Council in April 1998. In March 1999, the Lubbock Municipal Sports Task Force, charged by Council to conduct a comprehensive analysis of youth and adult sports programs and facilities throughout the Community, presented their findings and recommendations identifying the need for eight additional little league baseball fields. In August 2000, the City solicited proposals to provide architecturat/engineering services for the master plan and the development of plans, specifications and estimates for the development of Bill McAlister Park to appeal to these needs. RESOLUTION NO.2000-RO414 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for A/E Services for Bill McAlister Park Master Plan, by and between the City of Lubbock and Schrickel, Rollins & Associates of Arlington, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0414. 360 Regular City Council Meeting November 7, 2000 Page 361 The following firms submitted proposals: ♦ Carter & Burgess, Inc., of Dallas, Texas ♦ Schrickel, Rollins and Associates, Inc., of Arlington, Texas The following evaluation criteria was used to evaluate the proposals: • Substantial successful experience in competing 20 % similar projects. • Demonstrated knowledge and understanding of the 20 % project. • Substantial representations regarding the firm's 25 % qualifications and demonstrated design skill appropriate to this project, and the technical capabilities and professional competence of the A/E and assigned personnel. • Substantial capability to meet schedules and deadlines 25 % as well as the capability to complete projects without having major cost escalations, change orders or overruns. • Record of performance based on previous work with 10 % the City and/or other client references. The committee members reviewed and ranked the proposals as follows: • Schrickel, Rollins and Associates, Inc. 15.65 • Carter & Burgess, Inc. 13.15 On September 21, 2000, the City began negotiating with Schrickel, Rollins and Associates, Inc. who will retain the professional services of Green Harvey Architects, Inc. for architectural design; mechanical, electrical, and plumbing design; and construction observation involved in the project. The design will include a master plan, agency coordination, transportation, schematic, design development, construction document, bidding phase, and construction administration and observation. A contract in the amount of $155,600 has been successfully negotiated with Schrickel, Rollins and Associates, Inc. of Arlington, Texas and is within the System Capital Outlay -McAlister Park Development Professional Services budget amount. (45.) Resolution No. 2000-R0415/BID #228-00/RS—City of Lubbock Police Department Small Arms Range Facility - (Facilities Management). This contract is for the construction of a new Police Academy rifle and pistol firing range on property located west of Reese Center. The project includes firing ranges, earthen berms, an observation tower, parking lot, and related infrastructure. RESOLUTION NO.2000-RO415 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for Lubbock Police Academy Small Arms Range Facility per ITB #228-00/RS, by and between the City of 361 Regular City Council Meeting November 7, 2000 Page 362 Lubbock and Lubbock Building Services, Inc., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of November, 2000. ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 7th day of November, 2000, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #228-00/RS - CITY OF LUBBOCK POLICE DEPARTMENT SMALL ARMS RANGE FACILITY - $848,600.00 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. 362 Regular City Council Meeting November 7, 2000 Page 363 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Becky Garza Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ James Gaines CITY OF LUBBOCK, TEXAS (OWNER) /s/ Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 14302 South Slide Road, Suite B Lubbock, Texas 79424 The low bid is $848,600 from Lubbock Building Services, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Police Academy Firing Range budget amount. (46.) BID #235-00/RS—Tires & Tubes - Annual Pricing (Fleet Services). This bid will establish firm annual pricing for tires and tubes for City of Lubbock vehicles and equipment. Two identical bids were received for bid item #22. Texas Local Government Code requires that "If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder." Therefore, McWhorter's Inc. of Lubbock, Texas is the recommended successful bidder for this bid item. The low bids are from the following companies: Gray's Wholesale Tire Distribution, Inc. of Ft. Worth, Texas $197,810.62 York Discount Tire Company of Lubbock, Texas $ 42,171.63 Star Automotive Center of Lubbock, Texas $ 16,450.00 Griffin Oil Company of Lubbock, Texas $ 2,898.56 McWhorter's Inc. of Lubbock, Texas $ 9,912.18 A To Z Tires of Lubbock, Texas $ 1,252.92 363 Regular City Council Meeting November 7, 2000 Page 364 (47.) Resolution No. 2000-R0416/BID #236-00/RS—Hodges Community Center Renovation - Phase II (Facilities Management). This contract is for renovations needed at the Hodges Community Center. Renovations include the installation of sound -reducing material on the walls of the activity rooms, complete renovation of the restrooms, and the addition of a finish trim above all paneling. Some painting and new base, a new kitchen counter -top, and the installation of additional wall outlets in the office area are also included. RESOLUTION NO.2000-RO416 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for Hodges Community Center Renovation - Phase II per ITB #236-00/RS, by and between the City of Lubbock and Art Cuevas Construction, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of November, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 7th day of November, 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 Art Cuevas Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the 7G.I, Regular City Council Meeting November 7, 2000 Page 365 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 #236-00/RS - HODGES COMMUNITY CENTER RENOVATION - PHASE II - $31, 324.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell by B. Garza Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Zelda Cuevas CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Art Cuevas Construction, Inc. Bv: /s/ Art Cuevas PRINTED NAME: Art Cuevas TITLE: President COMPLETE ADDRESS: Art Cuevas Construction, Inc. 7406 83rd Street Lubbock, Texas 79424 The low bid is $31,324 from Art Cuevas Construction, Inc. of Lubbock, Texas and is within the Building Capital Outlay -Hodges Renovations budget amount. (48.) BID #248-00/HB—Landscape Maintenance Services at Lubbock International Airport — Annual Pricing (Aviation). This bid establishes annual pricing for landscape maintenance services including mowing, edging, trimming, bed maintenance, irrigation, and litter control at Lubbock International Airport. The term of this agreement is one year with an option to renew annually for up to two additional years. 365 Regular City Council Meeting November 7, 2000 Page 366 The low bid is $48,000 from AAA Landscaping and Lawn Care of Lubbock, Texas and is within the Professional Services budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. BOARD APPOINTMENTS (49.) Consider eighteen appointments to the Youth Commission —Students. Motion was made by Councilmember Cooke, seconded by Councilmember Morrison to appoint Luis Arandia Jr, Mohamed Attaya, Angela Chavez, Spring Dodd, JoAvis Green, Jessica Groves, Jason Gutierrez, Greg Hernandez, Crystal Landeck, Sandya Nair, Jacklyn Palacios, Monica Salas, Brian D. San Francisco, and Mariana Souza to the Youth Commission. As alternates: Kemberly McDaniel, Lora Koenig, Travis Reagan and Victoria Sanchez. Motion carried: 7 Yeas, 0 Nays. 11:11 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 4:15 P.M. COUNCIL RECONVENED 4:15 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pro Tern Cooke adjourned the meeting with the majority of remaining Council present at adjournment: Mayor Pro Tern Cooke. WINDY SI N, MAYOR ATTEST: Kaythie Parnell, City Secretary Read and approved this L�4�1Z day of�!_"�000. ATTEST: Darnell, City Secretary WINDY SITT , MAYOR 366