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:
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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
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■ 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)
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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
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♦ 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.
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(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.
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(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.
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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.
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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.
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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
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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.
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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,
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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