Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 4/23/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 23, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of April, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:02 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember David Nelson, and Councilmember T. J. Patterson Mayor Sitton stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager); pending or contemplated litigation (Building Inspection; Water Utilities); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 8:03 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Building Inspection; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 4.) Presentation of Airport Industrial/Business Park Master Plan by Terry Bilderback, Parkhill, Smith & Cooper; Mark McFarland, Barnhard, Dunkelberg & Company; and Mark Earle, Airport Manager. (5.) Discussion of revenue and expenditure impact of cost recovery and other efforts by Bob Cass, City Manager. This item was not presented. 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Regular City Council Meeting April 23, 1998 Page 214 Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T.J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Absent: None Mayor Sitton called the meeting to order at 10:35 A. M. ( 6.) Mary Ann Royal, Minister, Salvation Ministries, gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Dr. Jane Burns Planning and Zoning Commission Receiving: Gary Rothwell Structural Standards Commission Receiving: Danny Espinosa Mr. Espinosa was unable to attend Structural Standards Commission Receiving: Sharen Hart Zoning Board of Adjustment Receiving: Billie Jean Caviel Zoning Board of Adjustment Receiving: Jim Riddle CITIZEN APPEARANCES ( 8.) Presentation of Special Recognition to City of Lubbock employees in honor of National Volunteer Week. Volunteering one's time and resources is an essential part of the spirit and traditions of our community. Volunteerism historically reflects the highest values of our democratic society, in that regardless of situation, station, age, race, creed, all may volunteer and thus reap the rich rewards that come from giving aid to others, while improving one's own skills and widening one's horizons. It is evident that the City of Lubbock's greatest resource is its people. City of Lubbock employees have shown that they truly care and share generosity of themselves. The City Council of Lubbock is presenting this Special Recognition to honor the employees who volunteer in their community, schools and agencies; and thank the dedicated employees of the City of Lubbock who give freely of their valuable time, energy, and abilities as volunteers. Dani Blythe, Volunteer Coordinator for the City of Lubbock March of Dimes Walk -A -Thou, accepted this recognition on behalf of the City of Lubbock employees and presented a March of Dimes T-shirt to each member of the Council. 214 Regular City Council Meeting April 23, 1998 Page 215 ( 9.) Presentation of Special Recognition to the National Association of Letter Carriers for their one -day food drive. The second Saturday in May each year the National Association of Letter Carriers (NALC) holds a one -day food drive. This is the world's largest one -day effort to collect food for the needy. Last year they had over 10,000 cities and towns in all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam participating. Nationally, they collected over 70 million pounds of food. The local branch 2589 has participated in the food drive for the last four years. Last year they collected over 47,000 pounds of food. The food drive this year will be held on May 9, 1998. All the food they collect is given to the South Plains Food Bank and it stays in Lubbock. David Weaver, South Plains Food Bank, and David Stafford, U. S. Postmaster for Lubbock, accepted this recognition. (10.) Presentation of Special Walker of KCBD News 10-50" series. Recognition to Abner Euresti and Dave Channel 11 for their "Operation Code News Channel 11 recently ran a series titled "Operation Code 10-50" that highlighted the traffic safety efforts within the City of Lubbock. This series assisted in creating a greater awareness of the City of Lubbock's efforts to curb traffic accidents and speeding, as well as create a safer driving environment for the citizens of Lubbock. Dave Walker, KCBD News Director, accepted this recognition. Mr. Euresti was unable to attend. (11.) Presentation of Training Excellence Award to Mayor Sitton for the City of Lubbock. The Emergency Management Institute, on behalf of the Federal Emergency Management Agency, presented a Training Excellence Award to the City of Lubbock for outstanding achievement while participating in the Integrated Emergency Management Course in Emmitsburg, Maryland, March 9-13, 1998. This award is being presented in recognition of the enthusiasm, dedication, and commitment demonstrated by the 71 participants who represented Lubbock Emergency Management. The intergovernmental cooperative spirit of the Lubbock area was applauded by the agency leaders. Ken Olson, Director of Emergency Management, presented this award to Mayor Sitton. (12.) Presentation to acknowledge activities of the Lubbock Memorial Arboretum Foundation, Inc. by Julie Wallsh. Although this is not a board created by the City of Lubbock, the Lubbock Memorial Arboretum Foundation has had a long-term direct working relationship with the City through the development and maintenance agreement for the botanical garden at K. N. Clapp Park. The first informal agreement between the City and the Foundation was in 1964, and the first formal agreement was in 1981. In 1993 the City Council passed Resolution No. 4069 which is the agreement with the Foundation for the development and maintenance of the arboretum and botanical garden at K. N. Clapp Park. The Foundation is responsible for 215 Regular City Council Meeting April 23, 1998 Page 216 the educational experience of the arboretum, which includes plant and landscape displays and conservation programs for the public. Bob Covington, Past President of the Lubbock Memorial Arboretum Foundation, made the presentation. CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Mikel Ward Cecil Puryear Councilmember Nelson gave his Top Ten List. CONSENT AGENDA (Items No. 17-29, 31, 33-38, 40-49) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting of April 9, 1998. (14.) Ordinance No. 10058 - Abandon and close a portion of a 20-foot wide drainage easement located in Section 13, Block E-2, Lubbock County, Texas (9002 University Avenue) (second and final reading). ORDINANCE NO. 10058 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, 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 item at the March 12, 1998 City Council meeting. The Right -of -Way Department recommended the approval of the second reading of this ordinance. (15.) Ordinance No. 10060 - Abandon and close a portion of 35th Street in the Cora B. Marshall Addition (1911 35th Street) (second and final reading). ORDINANCE NO. 10060 AN ORDINANCE ABANDONING AND CLOSING PORTION OF 35TH STREET LOCATED IN THE CORA B. MARSHALL 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 item at the March 26, 1998 City Council meeting. 216 Regular City Council Meeting April 23, 1998 Page 217 The Right -of -Way Department recommended the approval of the second reading of this ordinance. (16.) Ordinance No. 10066 - Abandon and close a drainage easement located in Section 6, Block B, Lubbock County, Texas (3717 Hickory Avenue) (second and final reading). ORDINANCE NO. 10066 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 6, BLOCK B, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10067 - Grant a franchise to SPPL, Inc. to provide telecommunications services within the City of Lubbock for a term of three (3) years (second and final reading). ORDINANCE NO. 10067 AN ORDINANCE GRANTING SPPL, INC., A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. (18.) Consider Ordinance No. 10068 granting a franchise to Tech Telephone Company, Ltd., to provide telecommunications services within the City of Lubbock for a term of three (3) years (first reading). ORDINANCE NO. 10068 AN ORDINANCE GRANTING TECH TELEPHONE COMPANY, LTD., A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. Tech Telephone has requested a franchise to serve some 1,500 to 2,500 local telephone customers. Tech Telephone applied for a franchise on March 24, 1998, which indicated that they would need to cross a number of city streets with fiber optics cable in the process of serving their customers. They indicated that it is their opinion that the $1.35 residential line access fee will be greater than the $0.15 cents per linear foot alternative charge. The estimated franchise fee, based on their projected customer base, will be $2,025 to $3,375 per annum. Tech Telephone will not be using any LP&L poles in connection with their service in Lubbock. City staff recommended the approval of this ordinance granting a telecommunications franchise to Tech Telephone Company, Ltd. (19.) Consider Resolution No. 5820 authorizing the Mayor to sign a joint utility pole usage agreement with SPPL, Inc., a telecommunications service provider. 217 Regular City Council Meeting April 23, 1998 Page 218 RESOLUTION NO. 5820 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 Joint Utility Pole Usage Agreement and any associated documents, between the City of Lubbock and SPPL, Inc., attached hereto, 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 City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 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 Joint Utility Pole Usage Agreement is filed with Resolution No. 5820. This item is a companion item to the ordinance granting SPPL, Inc. a telecommunications franchise, which was on this agenda for second reading. SPPL, Inc. (Poka-Lambro) has been using a few LP&L poles for its fiber optics cable in connection with the company's telecommunications business. SPPL is renewing its franchise and also desires to renew its pole usage agreement. They are using less than a dozen poles, so the revenue is not significant at about $5.00 per pole, but the liability issues require a formal contract. Other private utilities also use city utility poles in considerably greater numbers. This agreement is consistent with SPPL's prior agreement and with other similar agreements entered into by the City. City staff recommended the approval of this resolution and agreement to allow SPPL, Inc. to use LP&L poles as necessary. (20.) Consider Resolution No. 5821 authorizing the Mayor to sign an agreement with the Mahon/Jackson Neighborhood Association, which will allow a Community Garden to be located on City property, known as Fire Station #4, located at 2504 Cornell. 218 Regular City Council Meeting April 23, 1998 Page 219 RESOLUTION NO. 5821 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement for the creation of a Community Garden located at Fire Station #4, by and between the City of Lubbock and the Mahon/Jackson Neighborhood Association, 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 City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Steve Hailey Steve Hailey, Fire Chief APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Agreement is filed with Resolution No. 5821. As part of the landscaping design for Fire Station #4, the idea came about to place a community garden on a portion of this property. The Fire Department approached the South Plains Food Bank and the Mahon/Jackson Neighborhood Association about the idea, which was well received. This agreement is necessary to allow a separate water meter to be installed on this property to service the community garden. Some of the advantages in locating a community garden on this property include neighborhood involvement/interaction with the firefighters and reduced landscaping and maintenance costs of the property. Staff recommended approval of this resolution. (21.) Consider Resolution No. 5822 authorizing the Mayor to execute an alley -use license with Gregory and Kimberly Homesley for a building encroachment (3601 63rd Street). RESOLUTION NO. 5822 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 an Alley Use License with associated documents for and on behalf of the City of Lubbock with Gregory E. Homesley and Kimberly J. Homesley. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 219 Regular City Council Meeting April 23, 1998 Page 220 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Alley Use License is filed with Resolution No. 5822. Gregory and Kimberly Homesley recently purchased a residence at 3601 63rd Drive, and according to the survey a 22.3-foot portion of their house encroaches into the alley by 0.5 feet. This license is to allow them to have this existing building encroachment in the alley and to add an additional five feet to it for a total of 28 feet for future building expansion. They will be charged the minimum alley -use license fee of $50 per year, and the license will be for 20 years, payable every five years in advance, or $250. The Right -of -Way Department recommended approval of this alley -use license. (22.) Consider Resolution No. 5823 authorizing the Right -of -Way Department to make offers to 13 property owners for 9 parcels of right-of-way for the 82nd Street widening project (82nd Street, I-27 westward to Avenue U). RESOLUTION NO. 5823 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of 82nd 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 each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 220 Regular City Council Meeting April 23, 1998 Page 221 PARCEL NO. OWNER'S NAME AMOUNT N-8, N-9 Jerry Michael Pevehouse & $ 84,500.00 Kaye Pevehouse N-10 Kenneth Edward Porter & $ 73,500.00 Jaril Lee Porter N-16 Virgil D. Turner, Sharon Turner, $ 71,000.00 Velta Dee Turner & Charlene Turner N-17 Mary Ann Slagle $ 78,200.00 N-18, N-19 Santos L. Villalobos & Lupe Villalobos $ 64,000.00 N-21 Eddie Don Young & Virginia L. Young $ 71,000.00 SECTION 2. THAT the above -described parcels of land whose acquistion is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquistion of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This resolution requests approval of offers to thirteen property owners for nine parcels of land. Six of these parcels of land are residences with improvements on the lot, and the other three parcels of land are vacant lots adjacent to the residences which three of the residential owners own. This resolution states the parcel number, the owner's name, and the appraised amount that they will be offered. Tommy Cantrell and Gary Tapp appraised these properties. This resolution authorizes the Right-of- 221 Regular City Council Meeting April 23, 1998 Page 222 Way Department to offer the property owners this appraisal amount and if the offer is rejected, institute condemnation (eminent domain) proceedings to acquire title to the property. The Right -of -Way Department recommended approval of these offers to these homeowners and approval to proceed accordingly. (23.) Consider Resolution No. 5824 authorizing the Mayor to sign a contract with Southwestern Bell for Plexar service to the City departments. RESOLUTION NO. 5824 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 an Agreement by and between the City of Lubbock and Southwestern Bell Telephone for a Telephone Fixed Rate Payment Plan and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Information Technology Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 5824. The City of Lubbock currently has 201 Plexar lines providing telecommunications to many of the City facilities that have less than five phones, including but not limited to the fire stations, the community centers, and the branch libraries. When the City converted the majority of its telephone service to a private switch in September 1997, it was determined that it was not economically feasible to convert these isolated areas. They remained on the existing Plexar system provided by Southwestern Bell. Over the five-year period of the contract, a savings of $34,680 will be realized. The pricing proposed by Southwestern Bell includes 201 Plexar II stations. With this new contract, the current costs will be reduced by $578 per month. 222 Regular City Council Meeting April 23, 1998 Page 223 The Information Technology staff recommended approval of this contract. (24.) Consider Resolution No. 5825 authorizing the Mayor to sign an Amended Power Sales Contract between the West Texas Municipal Power Agency and the City of Brownfield, City of Floydada, City of Lubbock, and City of Tulia. RESOLUTION NO. 5825 A RESOLUTION approving certain changes to the Amended Power Sales Contract with West Texas Municipal Power Agency; and resolving other matters incident and related thereto. WHEREAS, pursuant to a resolution adopted on March 12, 1998, the City Council approved and authorized the execution of an Amended Power Sales Contract (the "Contract") by and between the West Texas Municipal Power Agency (the "Agency") and the Cities of Lubbock, Tulia, Brownfield and Floydada (the "Cities"); and WHEREAS, subsequent to such approval, the definition of "Initial Project" and Section 14(d) of the Contract have been changed to clarify the scope of such project and address concerns of the rating agencies; and WHEREAS, the City Council hereby finds and determines that the aforesaid changes to the definition of "Initial Project" AND Section 14(d) should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The Amended Power Sales Contract by and between the Agency and the Cities, attached hereto as Exhibit A and incorporated herein by reference as a part of this Resolution for all purposes, including the changes made to the definition of "Initial Project" and Section 14(d) thereof, is hereby approved as to form and content, and such Contract in substantially the form and substance attached hereto is hereby authorized to be executed by the Mayor and City Secretary for and on behalf of the City and as the act and deed of the City Council; and upon its execution by said officials, such Amended Power Sales Agreement, dated as of July 1, 1995 and amended as of April 1, 1998, shall be deemed and constitute the valid and binding agreement by and between the Agency and the City with respect to the purchase of power under such Agreement. SECTION 2: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 3: This Resolution shall be in force and effect from and after its passage on the date shown below and it is so resolved. 223 Regular City Council Meeting April 23, 1998 Page 224 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities A copy of the Contract is filed with Resolution No. 5825. The financing for the proposed re -powering project at Lubbock Power and Light's Plant No. 2 will require several arrangements among and between the West Texas Municipal Power Agency cities. One of these items further amends the Power Sales Contract. This amendment adds a "step-up" clause to the contract. The original contract implied that if any city defaulted, then the other cities would pick up their share of the project costs and benefits. The new clause added in Section 14, Paragraph d, makes it very clear that if any city defaults, then the other cities will pick up the costs and benefits. LP&L presently has over 85 % of this project. Staff could easily pick up _ all of the other cities if needed. If this happened, the increased costs would more than be offset by the increased benefits and savings. The project description was further amended to more accurately reflect the various arrangements needed to secure financing. LP&L staff recommended that the City Council approve the Amended Power Sales Contract. (25.) Consider Resolution No. 5826 authorizing the Mayor to sign a Power Capacity Agreement between the West Texas Municipal Power Agency and the City of Lubbock. RESOLUTION NO. 5826 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 Power Agreement, attached herewith, by and between the City of Lubbock and City of Floydada, and any associated documents, which Agreement 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. 224 Regular City Council Meeting April 23, 1998 Page 225 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 5826. The West Texas Municipal Power Agency (WTMPA) is in the process of securing funds to construct the proposed re -powering project at LP&L's Plant No. 2. As part of this project, WTMPA will be providing funds to buy and install equipment needed to re -power a 22 MW generating unit at Plant No. 2. The output from this unit is part of the overall project. — The recommended agreement provides that LP&L sell the output of this unit to WTMPA. The costs will reflect all actual LP&L costs such as fuel, maintenance, labor, etc. This power will be sold over the 20-year life of the bonds. Both the new 40 MW turbine and the re -powered 22 MW unit are needed to achieve the efficiency improvements and cost savings projected. LP&L staff recommended that the City Council approve this Power Capacity Agreement. (26.) Consider Resolution No. 5827 authorizing the Mayor to sign an Operation Management Agreement between the West Texas Municipal Power Agency and the City of Lubbock. RESOLUTION NO. 5827 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 Operation Management Agreement, attached herewith, by and between the City of Lubbock and West Texas Municipal Power Agency, and any associated documents, which Agreement 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. 225 Regular City Council Meeting April 23, 1998 Page 226 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Operation Management Agreement is filed with Resolution No. 5827. West Texas Municipal Power Agency (WTMPA) made a motion in one of the recent board meetings to authorize LP&L to take all necessary steps to design, build and operate the proposed re -powering project. The recommended agreement defines all duties of LP&L to operate and maintain the proposed project. The agreement also sets up the fee and payment schedules. In essence, LP&L will pass through its actual costs to operate and maintain the proposed project. A large percentage of LP&L's present labor and supply costs will be charged to the WTMPA project. Overall, LP&L's expenses will be reduced. Staff recommended that the City Council approve the Operation Management Agreement. (27.) Consider Resolution No. 5828 authorizing the Mayor to sign a Power Agreement between the City of Lubbock and the City of Brownfield. RESOLUTION NO. 5828 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 Power Agreement, attached herewith, by and between the City of Lubbock and City of Brownfield, and any associated documents, which Agreement 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. 226 Regular City Council Meeting April 23, 1998 Page 227 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Power Agreement is filed with Resolution No. 5828. The City of Brownfield has agreed to take 8.97 % (5.6 MW) of the proposed WTMPA re -powering project. Brownfield will not be able to take this full amount of power for some time. LP&L is growing rapidly and could use power from the proposed project to help meet its growing loads. The agreement will enable LP&L to buy any power not used by Brownfield at a price determined by the difference between project power and SPS power. At the very least, LP&L can save $1.72 per MWH, which is approximately a 5 % savings. Staff recommended that the City Council approve the Power Agreement. (28.) Consider Resolution No. 5829 authorizing the Mayor to sign a Power Agreement between the City of Lubbock and the City of Floydada. RESOLUTION NO. 5829 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 Power Agreement, attached herewith, by and between the City of Lubbock and City of Tulia, and any associated documents, which Agreement 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. 227 Regular City Council Meeting April 23, 1998 Page 228 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Power Agreement is filed with Resolution No. 5829. The City of Floydada has agreed to take 2.10% (1.3 MW) of the proposed WTMPA re -powering project. Floydada will not be able to take this full amount of power for some time. LP&L is growing rapidly and could use power from the proposed project to help meet its growing loads. The agreement will enable LP&L to buy any power not used by Floydada at a price determined by the difference between project power and SPS power. At the very least, LP&L can save $1.72 per MWH, which is approximately a 5 % savings. Staff recommended that the City Council approve the Power Agreement. (29.) Consider Resolution No. 5830 authorizing the Mayor to sign a Ground Lease between the City of Lubbock and West Texas Municipal Power Agency. RESOLUTION NO. 5830 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 Ground Lease, attached herewith, by and between the City of Lubbock and West Texas Municipal Power Agency, and any associated documents, which Lease 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. oft-01 Regular City Council Meeting April 23, 1998 Page 229 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Ground Lease is filed with Resolution No. 5830. West Texas Municipal Power Agency (WTMPA) will be installing several pieces of equipment at LP&L's Plant No. 2 as part of the proposed re -powering project. As a requirement of the bond securities, a ground lease will be required to locate this equipment within LP&L's Plant No. 2. This lease will be for the 20-year length of the bonds. LP&L will receive $120 per year from this lease. Staff recommended that the City Council approve the Ground Lease. (30.) Consider a resolution authorizing the Mayor to sign a Power Agreement between the City of Lubbock and the City of Brownfield. This item was deleted prior to Council meeting. (31.) Consider Resolution No. 5831 authorizing the Mayor to sign a Power Agreement between the City of Lubbock and the City of Tulia. RESOLUTION NO. 5831 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 Power Agreement, attached herewith, by and between the City of Lubbock and City of Tulia, and any associated documents, which Agreement 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. 229 Regular City Council Meeting April 23, 1998 Page 230 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Power Agreement is filed with Resolution No. 5831. The City of Tulia has agreed to take 3.72% (2.3 MW) of the proposed WTMPA re -powering project. Tulia will not be able to take this full amount of power for some time. LP&L is growing rapidly and could use power from the proposed project to help meet its growing loads. The agreement will enable LP&L to buy any power not used by Tulia at a price determined by the difference between project power and SPS power. At the very least, LP&L can save $1.72 per MWH, which is approximately a 5 % savings. Staff recommended that the City Council approve the Power Agreement. (32.) Consider Resolution No. 5837 granting Lubbock Power and Light authority to approve large commercial customer contracts on a standard form. This item was moved from Consent to Regular Agenda. RESOLUTION NO. 5837 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock to expedite the performance of Lubbock Power & Light business by granting Lubbock Power & Light authority to approve large commercial customer contracts on a standard form; and WHEREAS, such authorization will permit Lubbock Power & Light to offer additional contract services to Lubbock businesses, such as, but not limited to, new products, lease programs, customized LP&L billing, load management, communication services and other services commonly offered by the electric utility industry to commercial customers; and WHEREAS, such authorization will further permit LP&L to offer custom rate incentives to Lubbock businesses, such as, but not limited to, time of day, seasonal, load factor, added demand/energy or such other custom rate incentives as are 230 Regular City Council Meeting April 23, 1998 Page 231 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Electric Utilities or his designee is hereby authorized and directed to approve large commercial electrical service contracts in substantially the same form as the draft agreement attached hereto as Exhibit A. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities 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. 5837. Competition for acquisition or retention of large commercial customers is extremely active in Lubbock. Southwestern Public Service Company offers special rates, services and incentives to these customers on a continual basis. The standard form content recommended by the resolution will enable Lubbock Power and Light to offer similar proposals to customers and enable LP&L to remain competitive by expediting response time on routine transactions. Robert Massengale, Director of Electric Utilities, presented staff comments. Staff recommended that the City Council approve the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5837 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay; Councilmember Neugebauer had stepped away from the dais. (33.) Consider the price and condition of sale of Parcel Number 33500-20- 50 at 1013 2nd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Carla Cook, dba A-1 Construction, for $400. The property is to be redeveloped with a new 1,450-square-foot, single-family residence valued at $63,000. The land is properly zoned. 231 Regular City Council Meeting April 23, 1998 Page 232 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Electric Utilities or his designee is hereby authorized and directed to approve large commercial electrical service contracts in substantially the same form as the draft agreement attached hereto as Exhibit A. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities 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. 5837. Competition for acquisition or retention of large commercial customers is extremely active in Lubbock. Southwestern Public Service Company offers special rates, services and incentives to these customers on a continual basis. The standard form content recommended by the resolution will enable Lubbock Power and Light to offer similar proposals to customers and enable LP&L to remain competitive by expediting response time on routine transactions. Robert Massengale, Director of Electric Utilities, presented staff comments. Staff recommended that the City Council approve the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 5837 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay; Councilmember Neugebauer had stepped away from the dais. (33.) Consider the price and condition of sale of Parcel Number 33500-20- 50 at 1013 2nd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Carla Cook, dba A-1 Construction, for $400. The property is to be redeveloped with a new 1,450-square-foot, single-family residence valued at $63,000. The land is properly zoned. 232 Regular City Council Meeting April 23, 1998 Page 233 WHEREAS, the developer of Tract A, J.P.I. Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $81,202.35, with the improvements constructed by Rhode Construction Company, having a value of $65,194.84, as determined by the unit prices established by said Chapter 28, and $1,303.90 cash paid to the City, with J.P.I., the developer, to receive a refund of $-0- in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $-0- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith R. Keith Smith, Senior Engineer Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $81,202.35 including value of construction costs of $65,194.84 and $1,303.90 cash paid to the City of Lubbock. The developer, JPI, will not receive a refund in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. 233 Regular City Council Meeting April 23, 1998 Page 234 WHEREAS, the developer of Tract A, J.P.I. Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $81,202.35, with the improvements constructed by Rhode Construction Company, having a value of $65,194.84, as determined by the unit prices established by said Chapter 28, and $1,303.90 cash paid to the City, with J.P.I., the developer, to receive a refund of $-0- in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $-0- be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $-0-. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith R. Keith Smith, Senior Engineer Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $81,202.35 including value of construction costs of $65,194.84 and $1,303.90 cash paid to the City of Lubbock. The developer, JPI, will not receive a refund in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. 234 Regular City Council Meeting April 23, 1998 Page 235 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith R. Keith Smith, Senior Engineer Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $75,536.71, including value of construction costs of $58,556.05 and $16,980.66 cash paid to the City of Lubbock. The developer, Dub Mantooth, will receive a refund of $15,098.57 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This subdivision is located south of 4th Street and east of Milwaukee Avenue. Staff recommended acceptance of these improvements. (37.) Consider Resolution No. 5835 accepting water and sewer system improvements for Tract A, South Bay Addition. RESOLUTION NO. 5835 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, SOUTH BAY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, South Bay Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $15,465.62, with the improvements constructed by Utility Contractors of America having a value of $13,042.95, as determined by the unit prices established by said Chapter 28, and $2,422.67 cash paid to the City, with South Bay Partners, the developer, to receive a refund of $-0-in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-; and 235 Regular City Council Meeting April 23, 1998 Page 236 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ R. Keith Smith R. Keith Smith, Senior Engineer Water Utilities APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $75,536.71, including value of construction costs of $58,556.05 and $16,980.66 cash paid to the City of Lubbock. The developer, Dub Mantooth, will receive a refund of $15,098.57 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This subdivision is located south of 4th Street and east of Milwaukee Avenue. Staff recommended acceptance of these improvements. (37.) Consider Resolution No. 5835 accepting water and sewer system improvements for Tract A, South Bay Addition. RESOLUTION NO. 5835 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, SOUTH BAY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, South Bay Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $15,465.62, with the improvements constructed by Utility Contractors of America having a value of $13,042.95, as determined by the unit prices established by said Chapter 28, and $2,422.67 cash paid to the City, with South Bay Partners, the developer, to receive a refund of $-0-in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-; and 236 Regular City Council Meeting April 23, 1998 Page 237 This bid is for the purchase of transformers for use in LP&L substations. Transformers are used to step voltage down from the 69,000 or 115,000 volt transmission level to the 12,500 volt distribution level. These transformers are needed to meet increased load growth and to provide increased reliability to the LP&L distribution system. The System Capital Outlay -Plains Co -Op Substation budget amount is $1, 500,000. The low bid is $1,460,705.60 from Pauwels Transformers, Inc. of Washington, Missouri. (39.) Bid #98058 - #477 ACSR Bare Wire (Central Warehouse) This item was deleted prior to Council meeting. (40.) Bid #98052 — Gas Chromatograph Autosampler (Water Treatment) This bid is for an autosampler for use with an existing gas chromatograph at the Water Treatment Plant Process Control Laboratory. The autosampler will be installed on a HP 5890 series II gas chromatograph currently used to analyze for Total Trihalomethanes and Volatile Organic Compounds in drinking water, wastewater, and soil samples. The autosampler will replace a ten-year old autosampler that has not been operational for the past six months. This equipment is essential for uninterrupted operation and efficient usage of the gas chromatograph and laboratory personnel. The Water Treatment Lab Services Laboratory Instruments capital budget amount is $70,000. The low bid is $22,050 from Environmental Sample Technology of Cincinnati, Ohio. (41.) Bid #98063 - City of Lubbock Traffic Engineering Boring and Excavation, Annual Pricing (Traffic Engineering) This bid is for annual pricing of boring and excavation services needed by Traffic Engineering. These services include the installation of conduit under existing roadways in order install or repair traffic signals. The Traffic Control System Capital Projects budget amount is $50,000. The low bid is $20,554 from D & D Cable Service, Inc. of Lubbock, Texas. (42.) Bid #98064 - Fiber Optic Cable and Related Materials (Electric Distribution) This bid is for the purchase of multipurpose type fiber optic cable suitable for aerial or duct installation that will be installed in the back-up communication system between Municipal Hill and Municipal Square. Fiber optic jumper cables will be used with wall mounted fiber panels and sleeves to provide interconnection of the fiber optic cable to the customer side. The Fiber Optics Communication Account budget amount is $60,000. 237 Regular City Council Meeting April 23, 1998 Page 238 This bid is for the purchase of transformers for use in LP&L substations. Transformers are used to step voltage down from the 69,000 or 115,000 volt transmission level to the 12,500 volt distribution level. These transformers are needed to meet increased load growth and to provide increased reliability to the LP&L distribution system. The System Capital Outlay -Plains Co -Op Substation budget amount is $1, 500,000. The low bid is $1,460,705.60 from Pauwels Transformers, Inc. of Washington, Missouri. (39.) Bid #98058 - #477 ACSR Bare Wire (Central Warehouse) This item was deleted prior to Council meeting. (40.) Bid #98052 - Gas Chromatograph Autosampler (Water Treatment) This bid is for an autosampler for use with an existing gas chromatograph at the Water Treatment Plant Process Control Laboratory. The autosampler will be installed on a HP 5890 series II gas chromatograph currently used to analyze for Total Trihalomethanes and Volatile Organic Compounds in drinking water, wastewater, and soil samples. The autosampler will replace a ten-year old autosampler that has not been operational for the past six months. This equipment is essential for uninterrupted operation and efficient usage of the gas chromatograph and laboratory personnel. The Water Treatment Lab Services Laboratory Instruments capital budget amount is $70,000. The low bid is $22,050 from Environmental Sample Technology of Cincinnati, Ohio. (41.) Bid #98063 - City of Lubbock Traffic Engineering Boring and Excavation, Annual Pricing (Traffic Engineering) This bid is for annual pricing of boring and excavation services needed by Traffic Engineering. These services include the installation of conduit under existing roadways in order install or repair traffic signals. The Traffic Control System Capital Projects budget amount is $50,000. The low bid is $20,554 from D & D Cable Service, Inc. of Lubbock, Texas. (42.) Bid #98064 - Fiber Optic Cable and Related Materials (Electric Distribution) This bid is for the purchase of multipurpose type fiber optic cable suitable for aerial or duct installation that will be installed in the back-up communication system between Municipal Hill and Municipal Square. Fiber optic jumper cables will be used with wall mounted fiber panels and sleeves to provide interconnection of the fiber optic cable to the customer side. The Fiber Optics Communication Account budget amount is $60,000. 238 Regular City Council Meeting April 23, 1998 Page 239 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of April, 1998, 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 #98069 - Parks Department Building Renovations at 1010 9th Street - $64,889.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Ann Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 5121 69th, Ste. B-1 Lubbock, TX 79424 239 Regular City Council Meeting April 23, 1998 Page 240 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of April, 1998, 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 #98069 - Parks Department Building Renovations at 1010 9th Street - $64,889.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Ann Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 5121 69th, Ste. B-1 Lubbock, TX 79424 240 Regular City Council Meeting April 23, 1998 Page 241 (48.) Bid #98088 - Network Protectors (Electric Distribution) Expansion of the Texas Tech University Central Heating and Cooling Plant #1 necessitates that LP&L provide a new and more reliable service to the plant. Engineering analysis indicates that a spot network type of service is necessary for this facility. The spot network type of equipment is the same type of installation LP&L currently employs at other critical locations such as the Health Science Center (HSC) Central Plant, all HSC transformer vaults, the Lubbock Memorial Civic Center, and other major downtown office buildings. The spot network design requires that the service transformers be fitted with a special utility grade circuit breaker called a network protector. There is currently only one manufacturer of network protectors. For many years, transformer manufacturers General Electric and Westinghouse produced network protectors for their transformers. In 1991 General Electric ceased production of network protectors, and in 1993 Westinghouse sold all of their utility businesses in the U.S. The Westinghouse network protector business was acquired by Cutler -Hammer, a major supplier of electrical equipment and circuit breakers. As of this date, Cutler -Hammer is the only known manufacturer of network protectors. The LP&L Transformer Capital Project budget amount is $200,000. The low bid is $117,733.36 from Cutler -Hammer of Greenwood, South Carolina. (49.) Bid #98097 - Evaporative Cooler for Gas Turbine #3 (Electric Production) This bid is for the purchase of an evaporative cooling unit for LP&L Gas Turbine #3 to increase electric production during the hot summer months. Cooling the hot inlet air to the gas turbine allows the turbine to perform at a greater capacity. The limited time to procure and install this equipment prior to the summer months required an immediate emergency procurement. The Electric Maintenance -Electric System Class II budget amount is $200,000. The low bid is $61,057 from Munters Corporation of Fort Myers, Florida. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolution. REGULAR AGENDA Item No. 32 was considered immediately preceding Item No. 50. TRANSPORTATION SERVICES (50.) Consider Resolution No. 5838 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Amarillo. 241 Regular City Council Meeting April 23, 1998 Page 242 (48.) Bid #98088 - Network Protectors (Electric Distribution) Expansion of the Texas Tech University Central Heating and Cooling Plant #1 necessitates that LP&L provide a new and more reliable service to the plant. Engineering analysis indicates that a spot network type of service is necessary for this facility. The spot network type of equipment is the same type of installation LP&L currently employs at other critical locations such as the Health Science Center (HSC) Central Plant, all HSC transformer vaults, the Lubbock Memorial Civic Center, and other major downtown office buildings. The spot network design requires that the service transformers be fitted with a special utility grade circuit breaker called a network protector. There is currently only one manufacturer of network protectors. For many years, transformer manufacturers General Electric and Westinghouse produced network protectors for their transformers. In 1991 General Electric ceased production of network protectors, and in 1993 Westinghouse sold all of their utility businesses in the U.S. The Westinghouse network protector business was acquired by Cutler -Hammer, a major supplier of electrical equipment and circuit breakers. As of this date, Cutler -Hammer is the only known manufacturer of network protectors. The LP&L Transformer Capital Project budget amount is $200,000. The low bid is $117,733.36 from Cutler -Hammer of Greenwood, South Carolina. (49.) Bid #98097 - Evaporative Cooler for Gas Turbine #3 (Electric Production) This bid is for the purchase of an evaporative cooling unit for LP&L Gas Turbine #3 to increase electric production during the hot summer months. Cooling the hot inlet air to the gas turbine allows the turbine to perform at a greater capacity. The limited time to procure and install this equipment prior to the summer months required an immediate emergency procurement. The Electric Maintenance -Electric System Class II budget amount is $200, 000 . The low bid is $61,057 from Munters Corporation of Fort Myers, Florida. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolution. REGULAR AGENDA Item No. 32 was considered immediately preceding Item No. 50. TRANSPORTATION SERVICES (50.) Consider Resolution No. 5838 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Amarillo. 242 Regular City Council Meeting April 23, 1998 Page 243 To date, staff has secured interlocal agreements with: Lubbock County Hale County New Deal Plainview Abernathy Tulia Hale Center Swisher County Happy Randall County _ The City of Amarillo makes eleven communities that have entered into agreements with the City of Lubbock to share costs associated with this transportation initiative. The City of Amarillo's proportional share is $101, 897 and represents approximately one-third of total costs of the project. Councilman Neugebauer and Mayor Sitton were instrumental in securing this particular interlocal agreement. Staff will continue to work with the two remaining communities on I-27 who have not yet entered into agreement to share costs associated with this project. Tommy Gonzales, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Amarillo. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5838 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. CIVIC SERVICES (51.) Consider a resolution authorizing the City Council to approve an interlocal agreement with the Housing Authority of the City of Lubbock to provide recreational and educational services at George Woods Community Center. This item was deleted prior to Council meeting. MISCELLANEOUS (52.) Consider a resolution requesting the City of Lubbock to pave all unpaved dedicated City streets in all areas that have been annexed by the City of Lubbock. Cost information was placed in Council's agenda back-up. This item was placed on the agenda at the request of Councilman Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to continue this item indefinitely. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay; Councilmember Ince had stepped away from the dais. (53.) Consider a resolution authorizing the City of Lubbock to execute dues checkoff on behalf of the fire and police associations. This item was placed on the agenda at the request of Councilman Victor Hernandez. 243 Regular City Council Meeting April 23, 1998 Page 244 To date, staff has secured interlocal agreements with: Lubbock County Hale County New Deal Plainview Abernathy Tulia Hale Center Swisher County Happy Randall County The City of Amarillo makes eleven communities that have entered into agreements with the City of Lubbock to share costs associated with this transportation initiative. The City of Amarillo's proportional share is $101, 897 and represents approximately one-third of total costs of the project. Councilman Neugebauer and Mayor Sitton were instrumental in securing this particular interlocal agreement. Staff will continue to work with the two remaining communities on I-27 who have not yet entered into agreement to share costs associated with this project. Tommy Gonzales, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Amarillo. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5838 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. CIVIC SERVICES (51.) Consider a resolution authorizing the City Council to approve an interlocal agreement with the Housing Authority of the City of Lubbock to provide recreational and educational services at George Woods Community Center. This item was deleted prior to Council meeting. MISCELLANEOUS (52.) Consider a resolution requesting the City of Lubbock to pave all unpaved dedicated City streets in all areas that have been annexed by the City of Lubbock. Cost information was placed in Council's agenda back-up. This item was placed on the agenda at the request of Councilman Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to continue this item indefinitely. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay; Councilmember Ince had stepped away from the dais. (53.) Consider a resolution authorizing the City of Lubbock to execute dues checkoff on behalf of the fire and police associations. This item was placed on the agenda at the request of Councilman Victor Hernandez. 244 Regular City Council Meeting April 23, 1998 Page 245 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Manager The effect of this resolution will be to give the City Manager the authority to execute change orders and standard contracts in amounts up to $25,000. The resolution previously adopted by the City Council gives the City Manager the authority to approve change orders up to $15,000. A more recent action of the State Legislature, however, has increased that authority to $25,000. This item will make the local authority consistent with state authority. The City Council has also previously enacted a resolution authorizing the City Manager to approve routine contracts for goods and services involving expenditure or the receipt of $15,000 or less as long as they are executed on standard city contract forms or a form approved by the City Attorney. Approval of this item would also increase that authority to $25,000. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Resolution No. 5839 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (55.) Consider two appointments to the Health Facilities Development Corporation Board of Directors. This legal entity has two board members whose terms expired in January T 1998. Neriman Guven was appointed in September 1997 to fill an unexpired term and is interested in reappointment. Janie Gonzalez has served on this board since January 1994 and is interested in being appointed to a more active board. Since this board meets only on an "as need basis", and the issues addressed are very technical in nature, it is critical that there be some continuity in terms of tenure on this board. The terms are not more than six years, and there is no limit to the 245 Regular City Council Meeting April 23, 1998 Page 246 Passed by City Council this 23rd day of April, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Manager The effect of this resolution will be to give the City Manager the authority to execute change orders and standard contracts in amounts up to $25 , 000. The resolution previously adopted by the City Council gives the City Manager the authority to approve change orders up to $15,000. A more recent action of the State Legislature, however, has increased that authority to $25,000. This item will make the local authority consistent with state authority. The City Council has also previously enacted a resolution authorizing the City Manager to approve routine contracts for goods and services involving expenditure or the receipt of $15,000 or less as long as they are executed on standard city contract forms or a form approved by the City Attorney. Approval of this item would also increase that authority to $25 , 000. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Resolution No. 5839 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (55.) Consider two appointments to the Health Facilities Development Corporation Board of Directors. This legal entity has two board members whose terms expired in January 1998. Neriman Guven was appointed in September 1997 to fill an unexpired term and is interested in reappointment. Janie Gonzalez has served on this board since January 1994 and is interested in being appointed to a more active board. Since this board meets only on an "as need basis", and the issues addressed are very technical in nature, it is critical that there be some continuity in terms of tenure on this board. The terms are not more than six years, and there is no limit to the Regular City Council Meeting April 23, 1998 Page 247 number of reappointments. The current roster was included in Council backup for consideration. For the position filled by Ms. Neriman Guven: The Appointments Advisory Board and staff recommended her reappointment. For the position filled by Ms. Janie Gonzalez: The Appointments Advisory Board recommended Ms. Pat Harris of Mason Warner, PC for the following reasons: 1) Professional accountant; 2) Interest in serving; and 3) Community board experience. Lubbock Health Facilities Development Corporation Board recommended the appointment of Mr. Louis Murfee for the following reasons: 1) Considerable business experience; 2) In-depth understanding of the duties and responsibilities of the board, having served as a member on this board from 1988 to 1994; 3) Interest in serving; and 4) When his term expired in 1994 he served as President of this Board and failure to be reappointed created significant loss of experience on the board. The application on Ms. Harris was included in Council backup. Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to appoint Louis Murfee and Neriman Guven to the Health Facilities Development Corporation Board of Directors. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENT CONFIRMATIONS Motion was made by Councilmember Nelson, seconded by Councilmember Patterson to confirm all appointments, reappointments and promotions of board members. Motion carried: 6 Yeas, 0 Nays. (56.) Confirm the appointment of Kay Greer to the Appointments Advisory Board. (57.) Confirm the reappointment of Todd Peckham to the Building Board of Appeals. (58.) Confirm the appointment of Melissa Grimes to the Neighborhood Redevelopment Commission. (59.) Confirm the appointment of Dustin Adling to the Public Transit Advisory Board. (60.) Confirm the promotion from Alternate to Member status of William Watson on the Structural Standards Commission. 247 Regular City Council Meeting April 23, 1998 Page 248 The citizens referenced above were selected for service during City Council executive session. They have all been contacted and have agreed to serve. Following the board appointments, Councilmember Ince recognized outgoing Councilmember Neugebauer for his years of service to the City of Lubbock. 12:02 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION 12:57 P. M. COUNCIL RECONVENED 12:58 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 5 Yeas; 0 Nays. Mayor Sitton, Mayor Pro Tem Cooke, Councilmember Hernandez, Councilmember Ince, and Councilmember Patterson were present when Council reconvened. WINDY siAbNTMAYOR AT EST: Kayt i Darnell, City Secretary Read and approved this 11V day of�2� , 1998. 44 5��. WINDY SI `1<ON, MAYOR ATTEST: , City Secretary NM