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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/11/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 11, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of February, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:33 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem. Max Ince, Councilmember Victor Hernandez, Councilmember David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No citizens appeared to express comments. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary); pending or contemplated litigation (Aviation); and personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions). 7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Absent: Councilmember Marc McDougal ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager; City Secretary). ( 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 (Aviation). ( 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: Committee for Women/Human Relations Commission Zoning Board of Adjustment 9:34 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Absent: Councilmember Marc McDougal ( 4.) Presentation of the Appointments Advisory Board 1998 Annual Report by Dale Gannaway, AAB Chair. 10:33 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Regular City Council Meeting February 11, 1999 Page 78 Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Councilmember Marc McDougal Mayor Sitton called the meeting to order at 10:33 A. M. (5.) Chaplain Ron Cockroft of St. Mary CPE Center gave the invocation. (6.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Community Development and Services Board Receiving: Vickie Bennett Frank Gutierrez E. C. Leslie (unable to attend) Jeff Lowry (unable to attend) Health Facility Development Corporation Board Receiving: Dee Silva (unable to attend) Joint Airport Zoning Board Receiving: Dr. Paul Johnson (unable to attend) Lubbock Arts Alliance Grants Review Committee Receiving: Mary Jane Crook Public Transit Advisory Board Receiving: Rev. J. J. Johnson Councilmember T. J. Patterson recognized the grand opening of the Family Dollar store in East Lubbock this morning and thanked everyone that attended. CONSENT AGENDA (Items No. 7 - 17, 19 - 21, and 23-28) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. ( 7.) Approval of the minutes of the Regular City Council Meeting of January 28, 1999. ( 8.) Ordinance No. 10139 - Zone Case No. 2833 (106 FM 2641): Request of Bradley Waldrip (for Titan Towers L.P.) for zoning change from R-1 to R-1 Specific Use for a 140-foot communications tower on 0.7 acres of land out of Lot 8, Teal Addition (second and final reading). ORDINANCE NO. 10139 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2833; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON 0.7 ACRES OF LAND OUT OF LOT 8, TEAL ADDITION (106 FM 2641), LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Regular City Council Meeting February 11, 1999 Page 79 ( 9.) Ordinance No. 10140 - Zone Case No. 2834 (Alley South of 93rd Place to 98th Street between Avenue U and Avenue X): Request of Hugo Reed and Associates (for Craft Development Corporation) for zoning change from R-1 and R-2 to R-1 Specific Use (for a reduced front setback) on a portion of land out of Section 9, Block E on Lots 1 through 193, Oak Terrace Addition (second and final reading). ORDINANCE NO. 10140 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2834; A ZONING CHANGE FROM R-1 AND R-2 TO R-1 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (10.) Ordinance No. 10141 - Granting to CoxCom, Inc., a subsidiary of Cox Communications, Inc., doing business in Lubbock as Cox Communications West Texas, the right, privilege and franchise to conduct within the boundaries of the City of Lubbock a cable system (second and final reading). ORDINANCE NO. 10141 AN ORDINANCE GRANTING TO COXCOM, INC., A SUBSIDIARY OF COX COMMUNICATIONS, INC., DOING BUSINESS IN LUBBOCK AS COX COMMUNICATIONS WEST TEXAS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CABLE SYSTEM; AND PROVIDING THEREIN FOR DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; AND A SAVINGS CLAUSE. (11.) Resolution No. 6176 authorizing the Mayor to execute for and on behalf of the City of Lubbock an Amendment to Pipeline Operating and Maintenance Agreement by and between the City of Lubbock and Power -Tex Joint Venture. RESOLUTION NO. 6176 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 to Pipeline Operating and Maintenance Agreement, attached herewith, by and between the City of Lubbock and Power -Tex Joint Venture, and any associated documents, which Amendment 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. 79 Regular City Council Meeting February 11, 1999 Page 80 Passed by City Council this 11th day of February, 1999. /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 APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Amendment is filed with Resolution No. 6176. The original agreement effective March 1, 1988 between Lubbock Power & Light and Power -Tex called for Power -Tex to operate and maintain a pipeline owned by the City of Lubbock. This pipeline extends from near Post, Texas to Lubbock Power & Light's Holly Station. The fee for operating and maintaining the pipeline was to be based on the volume of gas that flowed through the line. Substantially higher volumes of gas will begin flowing through the pipeline at higher pressures once the new generator goes on line at Massengale Station and will require the addition of new metering and facilities. Based on the original agreement, these new volumes of gas would have resulted in excessive fees for the type of work involved in operating and maintaining the pipeline. The fee was renegotiated and the amendment now calls for a monthly fee of $3,000 to be escalated in June of every year by a percentage equal to the Consumer Price Index. Costs under the original agreement would have been closer to $8,000 per month. The amendment also extends the term of the original agreement to May 31, 2008 and corrects the names and addresses of the parties involved. Staff recommended that the City Council approve the amendment. (12.) Resolution No. 6177 authorizing the Mayor to execute a sublease with the Lubbock Reese Redevelopment Authority for the sublease of approximately ten (10) acres that include a section of taxiway and a second parcel consisting of a building suitable for operation of a dog kennel, known as Building Number 3146, located at Reese Air Force Base, Lubbock County Texas, for a period of five years, to be used for police academy purposes. RESOLUTION NO. 6177 WHEREAS, the Lubbock Police Department must aggressively recruit and train to fill vacancies in the Lubbock Police Department in order to maintain the functions of the Department; and, -* Regular City Council Meeting February 11, 1999 Page 81 WHEREAS, the Lubbock Police Department is in need of an improved police academy facility for the training of police recruits and for in service training; and, WHEREAS, with the closure of Reese Air Force Base a building that can provide space for an expanded and improved police academy has become available; and, WHEREAS, this Council has resolved that application be made under the Federal Surplus Property Transfer Program for the transfer or conveyance of surplus real and related personal property to include a building, parking area, furnishings, and certain personal property located at Reese Air Force Base, Building Number 76, Davis Drive, Lubbock County, Texas to be used as a police academy for the training of recruits and for in service training and related uses; and, WHEREAS, it is desirable and necessary that the police academy have access to facilities suitable to conduct law enforcement driver's training and for the maintenance and training of dogs used for drug detection, investigation and law enforcement purposes; and WHEREAS, it is determined that such facilities are available on Reese Air Force Base in proximity to Building Number 76; NOW THEREFORE 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 Sublease with the Lubbock Reese Redevelopment Authority for the sublease of approximately ten (10) acres that include a section of taxiway and a second parcel consisting of a building suitable for operation of a dog kennel, known as Building Number 3146, located at Reese Air Force Base, Lubbock County, Texas for a period of five years, at a rental rate of one dollar ($1.00) annually, to be used for police academy purposes. A copy of the Sublease, with exhibits, is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein. Passed by City Council this llth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Dale Holton for Ken Walker Dale Holton, Assistant Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Sublease Agreement is filed with Resolution No. 6177. EM Regular City Council Meeting February 11, 1999 Page 82 The Lubbock Police Department (LPD) must aggressively recruit and train to fill vacancies in order to maintain the functions of the Department. The LPD is in need of a larger, expanded facility for the academy to facilitate recruitment and training, as well as for in service training. The federal government has implemented a Federal Surplus Real Property Transfer program, the purpose of which is to transfer or convey to local governments, at no cost, surplus real and related personal property which is determined by the U. S. Attorney General to be required for law enforcement _ use. Use by the LPD Academy will qualify as a law enforcement use. With the closure of Reese Air Force Base, a suitable building that can provide space for an expanded and improved police academy has become available. The Lubbock Reese Redevelopment Authority and the Discretionary Grants, Program Division, Bureau of Justice Assistance have indicated support for this proposal. The City Council has previously resolved that application be made under the Federal Surplus Property Transfer Program for the transfer or conveyance of Building Number 76, Reese Air Force Base, to the City for use as a police academy. It is desirable that the police academy has access to facilities suitable to conduct law enforcement driver's training and for the maintenance and training of dogs used for drug detection, investigation and law enforcement purposes. Such facilities are available on Reese Air Force Base in proximity to Building Number 76. The City Attorney's Office recommended that the resolution be passed. (13.) Resolution No. 6178 authorizing the Right -of -Way Department to make an offer to the County of Lubbock, Texas for Lots 119 and 120 of the Rancho Verde Estates for a fire station site (8002 Venita Avenue). RESOLUTION NO. 6178 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 a fire station, 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 following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: All of Lots One Hundred Nineteen (119) and One Hundred Twenty (120) of Rancho Verde Estates, an addition in the County of Lubbock, Texas. SECTION 2. THAT the owner of said tract, being County of Lubbock, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $34,500.00 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. Regular City Council Meeting February 11, 1999 Page 83 Passed by City Council this llth day of February, 1999. /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 L. Sims Amy L. Sims, Assistant City Attorney Recently the City annexed several sections of land in Southwest Lubbock. To serve this area with fire services, a site owned by the County of Lubbock has been selected as a good location for a fire station. This property consists of two lots, Lots 119 and 120 of the Rancho Verde Estates, and is located at the southwest corner of 80th Street and Venita Avenue. These two lots total approximately 1.72 acres and the restrictions and covenants of this addition allow a fire station at this site. These two lots were appraised by Shaw Woffard at $17,250 each, for a total offer by the City of $34,500. The County has accepted this offer. The Right -of -Way Department recommended the approval of our offer to Lubbock County. (14.) Resolution No. 6179 authorizing the Right -of -Way Department to make an offer to W. C. Huffaker, Jr., also known as Calloway Huffaker, Maurice Huffaker, also known as M. J. Huffaker, Donald Lee Huffaker, Roger Douglas Huffaker, and Joyce Iva Huffaker, also known as Joyce Huffaker, also known as Iva Joyce Huffaker, for a 30-foot permanent underground sewer line and communications cable easement and a 70-foot working easement in Section 3, Block D-6, Lubbock County, Texas, Reese sewer line project (1202 Inler Avenue). RESOLUTION NO. 6179 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for an underground sewer line and communications cable easement to Reese Air Force Base now known as the Reese Redevelopment Authority, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent and working easement to each of the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 83 Regular City Council Meeting February 11, 1999 Page 84 PARCEL NO. OWNER'S NAME AMOUNT SL-18 John Huffaker, Wayne Huffaker, $6,400.00 Gerald Huffaker, Maurice Huffaker, a/k/a M. J. Huffaker, Donald Lee Huffaker, Roger Douglas Huffaker, and Joyce Iva Huffaker, a/k/a Joyce Huffaker, a/k/a Iva Joyce Huffaker SECTION 2. THAT the above -described parcel of land whose acquisition 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 above -described parcel 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 granting of a permanent and working easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcel as hereinabove described for public purposes and municipal purposes. Passed by City Council this 1lth day of February, 1999. /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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice On November 12, 1998, the City Council, through Resolution No. 6088, authorized the Right -of -Way Department to make an offer for the Reese sewer line project to the Estate of W. C. Huffaker, Deceased. Our offer was $6,400 and was refused. The Huffaker Estate has now been finalized and the property passed on to its immediate heirs. Their counter-offer was $18,000, which staff cannot recommend. Staff recommended resubmitting the same offer to the heirs and, if refused, authorizing condemnation. The Right of Way Department recommended our offer to the Huffaker heirs. (15.) Resolution No. 6180 authorizing the Mayor to execute a monitor well license with Townsend -Strong, Inc. for use of the City Street (3611 33rd Street). Regular City Council Meeting February 11, 1999 Page 85 RESOLUTION NO. 6180 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street/Alley and/or City Public Grounds Monitor Well Permit, attached herewith, by and between the City of Lubbock and Townsend - Strong, Inc., and any associated documents, 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 11th day of February, 1999. /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 L. Sims Amy L. Sims, Assistant City Attorney A copy of the Monitor Well Permit is filed with Resolution No. 6180. This monitor well license allows Townsend -Strong, Inc.'s representative, Daniel B. Stephens and Associates, to drill a monitor well in the south parkway of 33rd Street, approximately 215 feet east of Louisville Avenue. The Chevron Service Station at 3618 34th Street has had fuel leaking into the ground from a leaking fuel tank at this location and the TNRCC has requested that they go off site with this investigation to determine how far this fuel contamination has spread. This permit is for 20 years, payable every five years in advance. All utilities are in agreement and the City will receive $100 per year for this well location. The Right -of -Way Department recommended the approval of this monitor well license. (16.) Resolution No. 6181 authorizing the Mayor to execute an amendment of a contract with Enprotec, Inc. for provision of environmental services. RESOLUTION NO. 6181 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 to Contract for environmental engineering services by and between the City of Lubbock and Enprotec, Inc., and related documents. Said Amendment 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. E:N Regular City Council Meeting February 11, 1999 Page 86 Passed by City Council this 11th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Amendment to Contract is filed with Resolution No. 6181. A contract modification entailing exhibits only will facilitate provision of environmental site assessment services for Wilson Land Application Site property. City policy specifies that an environmental site assessment be performed on property to be acquired by the City. Wilson Land Application Site property has been the site of wastewater disposal, agricultural and possible unknown additional activities that have potential for environmental impact. An environmental site assessment will offer opportunity for discovery of environmental problems, as well as establish a baseline of specific environmental parameters needed in the future to allocate costs to actual responsible parties in the event of future environmental remediation. Staff recommended Council approval. (17.) Resolution No. 6182 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the City of Lamar, Colorado. RESOLUTION NO. 6182 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 by and between the City of Lubbock and the City of Lamar, Colorado. 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. :. Regular City Council Meeting February 11, 1999 Page 87 Passed by City Council this 11th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution No. 6182. The City of Lubbock is working on completing a trade corridor coalition along the Ports -to -Plains route. All cities and counties along I-27 have joined this coalition and now others north of Amarillo are joining in the effort to improve transportation along this corridor. The City of Lamar, Colorado brings the total of cities and counties to 17. There are over 14 other communities that will consider joining the coalition's efforts. These agreements will be presented to the City Council in a future Council meeting. By entering into this agreement with the City of Lubbock, the City of Lamar has agreed to pay their proportional share to the Ports -to -Plains initiative. These funds will be utilized to further the corridor's efforts. The City of Lubbock, on behalf of the Ports -to -Plains coalition, is currently working with the Texas Department of Transportation to secure federal corridor and border crossing funds. These funds were made available as a result of the new re -authorization of ISTEA now known as Transportation Equity Act for the 21 st Century or TEA 21. Staff recommended Council authorize the Mayor to enter into an interlocal agreement between the City of Lubbock and the City of Lamar, Colorado. (18.) Resolution No. 6190 amending the license agreement for merchandise and marketing for Buddy Holly memorabilia. This item was moved from Consent to Regular Agenda and was considered following Item No. 28. 87 Regular City Council Meeting February 11, 1999 Page 88 RESOLUTION NO. 6190 NOW, THEREFORE, 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 to a License Agreement between the City of Lubbock and Maria Elena Holly, attached hereto, which Amendment 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 11th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR rvw1MW /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment to License Agreement is filed with Resolution No. 6190. The City of Lubbock currently has a license agreement that was executed in 1994 with Maria Elena Holly for the development and sale of merchandise using Buddy Holly's image and name. The agreement allows that Maria Elena Holly will receive a 10% royalty of gross sales from those items. In order to encourage and promote the development of the highest quality merchandise and products, it would be in the best interest of the Buddy Holly Center and the gift shop operations to amend the current license agreement from 10 % to 15 % . Preliminary revenue projections for merchandise and products bearing the Buddy Holly image and name that will be developed by the Buddy Holly Center are $42,000. Royalties on that amount would equal $6,300 annually. Revenue projections for other music related merchandise, books, music, fine arts, crafts, and memorabilia range from $150,000 to $350,000. Staff recommended that license agreement be amended. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 6190 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Nelson recused himself. The next item considered was Item No. 31. Regular City Council Meeting February 11, 1999 Page 89 (19.) Resolution No. 6183 to authorize representatives to execute investment transactions, on behalf of the City of Lubbock, in TexPool public funds investment pool. RESOLUTION NO. 6183 A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, CITY OF LUBBOCK, TEXAS, ("City") is local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the City and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. THAT an Authorized Representative of the City may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City's TexPool account or (2) is no longer employed by the City; and SECTION 3. THAT the City may be Amending Resolution signed by the City add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the City; SECTION 4. THAT the following persons are Authorized Representatives of the participant. These individuals will be issued P.I.N. numbers. 1. Name: Andy Burcham Title: Cash & Debt Manager Signature: /s/ Andy Burcham 2. Name: Betsy Bucy Signature: /s/ Betsy ucy 3. Name: Anna Mosqueda Signature: /s/ Anna Mosqueda Direct Phone Number: (806) 775-2149 Title: Managing Director of Finance Direct Phone Number: (806) 775-2161 Title: Managing Director of Management Services Direct Phone Number: (806) 775-2002 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Andy Burcham Regular City Council Meeting February 11, 1999 Page 90 SECTION 5. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the City at its regular meeting held on the 1Ith day of February, 1999. Passed by City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Background/Discussion and Summary/Recommendation for this item are included in Item No. 20. (20.) Resolution No. 6184 to authorize representatives to execute investment transactions, on behalf of the City of Lubbock, in Local Government Investment Cooperative ("LOGIC"). RESOLUTION NO. 6184 A RESOLUTION CHANGING AUTHORIZED REPRESENTATIVES FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, CITY OF LUBBOCK (the "City") by authority of that certain Local Government Investment Cooperative Resolution dated May 23, 1996, (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the City now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: .E Regular City Council Meeting February 11, 1999 Page 91 Signature: /s/ Andy Burcham Printed Name: Andy Burcham Title: Cash & Debt Manager Signature: /s/ Betsy Bucy Printed Name: Betsy Bucy Title: Managing Director of Finance Signature: /s/ Anna Mosqueda Printed Name: Anna Mosqueda Title: Managing Director of Management Services The foregoing supersedes and replaces the City's previous designation of officers, officials or employees of the City as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. Passed by City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney The City of Lubbock currently has agreements with both the TexPool public investments pool and the Local Government Investment Cooperative (LOGIC) investment pool. Each of these agreements was approved with three authorized signators. The original signators to these two agreements are either no longer with the City of Lubbock or have different roles within the organization. These resolutions update our signator lists for these two investment pools to reflect the current Finance Director, Cash and Debt Manager, and Managing Director of Management Services. This action is necessary to update the list of City of Lubbock employees authorized to execute investment transactions on behalf of the City of Lubbock. Staff recommended passage of these resolutions. (21.) Resolution No. 6185/RFP #98180--Paratransit Scheduling and Dispatching Software (Citibus) 91 Regular City Council Meeting February 11, 1999 Page 92 RESOLUTION NO. 6185 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 MIDAS-PT software for Citibus, by and between the City of Lubbock and Multisystems, Inc., 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 City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation 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. 6185. This contract is for the purchase of software for the purpose of improving service at Citibus in response to the increase in Demand Response Service clients. The software will enable Citibus to schedule and dispatch their demand response transportation service with a higher degree of efficiency. The following firms submitted proposals: IRD Teleride Toronto, ON Trapeze Software Group, Inc. Scottsdale, AZ Intelitran Bethel Park, PA MultiSystems, Inc. Cambridge, MA An evaluation committee using the following criteria evaluated proposals: Proposed System 25 % Integration 20 % Training and Support 15 % Implementation Plan 10 % Vendor Qualifications 10 % Financial Capacity 10 % Cost 10% 92 Regular City Council Meeting February 11, 1999 Page 93 The proposals were ranked by the evaluation committee in the following order: MultiSystems, Inc. IRD Teleride Trapeze Software Group, Inc. Intelitran The Citibus Capital Operations Equipment budget amount is $75,000. The _ contract amount is $66,940. The evaluation committee recommended that a contract be awarded to MultiSystems, Inc. of Cambridge, Massachusetts. (22.) Bid #98305--Miscellaneous Water Items (Central Warehouse) This item was deleted. (23.) Resolution No. 6186/Bid #98271--Helen Hodges Park, Irrigation System Upgrades (Park Development) RESOLUTION NO. 6186 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 install and furnish all materials and services as bid for the Helen Hodges Park - Irrigation System Upgrades, between the City of Lubbock and Deerwood Construction, Inc., of Lubbock, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 1lth day of February, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 93 Regular City Council Meeting February 11, 1999 Page 94 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this llth day of February, 1999, 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 Deerwood 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 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 #98271 - HELEN HODGES PARK -IRRIGATION SYSTEM UPGRADES - $121,133.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Jan Patterson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Deerwood Construction, Inc. By: /s/ Mark Patterson PRINTED NAME: Mark Patterson TITLE: President COMPLETE ADDRESS: Deerwood Construction, Inc. P. O. Box 3009 Lubbock, Texas 79452 Regular City Council Meeting February 11, 1999 Page 95 This project involves upgrading the irrigation system at Hodges Park to an automatic system. A central controller system will allow for the irrigation system to be monitored remotely from the field office at Mackenzie Park. The system will be installed on the Northwest Little League fields in time for the 1999 ball season. The Irrigation Systems Upgrade -Helen Hodges Park budget amount is $180,000. The low bid is $121,140 from Deerwood Construction, Inc. of Lubbock, Texas. (24.) Resolution No. 6187/Bid #98281--Southeast Water Reclamation Plant Improvements to Digester No. 9, Contract No. 2 (Wastewater Treatment) RESOLUTION NO. 6187 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 install and furnish all materials and services as bid for the Southeast Water Reclamation Plant Improvements to Digester No. 9 - Contract No. 2, between the City of Lubbock and Red River Construction Company, of Plano, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this I1th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11th day of February, 1999, 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 Red River Construction Co., Inc., of the City of Plano, County of Collin, and the State of Texas, herein termed CONTRACTOR. 95 Regular City Council Meeting February 11, 1999 Page 96 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 #98281 - SOUTHEAST WATER RECLAMATION PLANT IMPROVEMENTS TO DIGESTER NO. 9-CONTRACT NO. 2 - $1,294,500.00 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Vicki Porter Red River Construction Co., Inc. By: /s/ Dean Porter PRINTED NAME: Dean Porter TITLE: Chairman/Treasurer COMPLETE ADDRESS: Red River Construction Co., Inc. 1506 Capital Avenue, Suite 200 Plano, Texas 75074 This bid is for rehabilitation of Digester No. 9 at the Southeast Water Reclamation Plant. Major work items include cleaning of the digester, replacement of the gas piping and mixing components, electrical modifications, and related piping system repairs. Minor work on Digester No.'s 6 and 7 will also be performed. This project is the second phase of the Digester Rehabilitation Project. The first phase was repairs to Digester No. 8 including repair of the cover, gas heating and mixing system, replacement of controls, and other miscellaneous work items. That project is 98 percent complete. .ID Regular City Council Meeting February 11, 1999 Page 97 The Sewer Capital Projects budget amount for this item is $1,350,000. The low bid is $1,294,500 from Red River Construction Company of Plano, Texas. (25.) Bid #98282--Gloves, Annual Pricing Central Warehouse) This bid establishes annual pricing for a variety of work gloves for various City departments. These gloves will be ordered on an as -needed basis and will be stocked at the Central Warehouse. The term of the agreement is for a period of one year with an option to extend for up to two additional one-year terms. Orders placed against this pricing agreement will be charged to various accounts. The low bid is $40,149.40 from Magid Glove of Chicago, Illinois. (26.) Bid #98287--1999 Street Maintenance Program (Street Department) and reject all bids This bid is for patching, single course seal coating, and two course seal coating on selected streets throughout the City. Single course coating is designed for preventive maintenance, and two course coating is designed for rehabilitative maintenance. Patching items include replacing failed areas on selected streets or installing new valley gutters to smooth some dip areas. The Permanent Street Maintenance Fund budget amount is $1, 700.000. The only bid received for this item was $1,936,041.30 from Williams & Peters Construction Company of Lubbock, Texas. Staff recommended rejecting this bid and rebidding a separate contract for the maintenance of thoroughfares and collector streets using asphalt and rock and a separate contract for the maintenance of residential streets using emulsified asphalt and washed gravel. This process should yield bids from smaller contractors, thereby increasing competition and lowering price. (27.) Resolution No. 6188/Bid #98299--Water Utilities Generator Design/ Facility Modifications (Water) RESOLUTION NO. 6188 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 install and furnish all materials and services as bid for the Water Utilities Generator Design/Facility Modifications, between the City of Lubbock and Acme Electric Company, of Lubbock, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 97 Regular City Council Meeting February 11, 1999 Page 98 Passed by City Council this 1lth day of February, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11th day of February, 1999, 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 Acme Electric Company, 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 #98299 - WATER UTILITIES GENERATOR DESIGN/FACILITY MODIFICATIONS - $925,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance _ of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. •N Regular City Council Meeting February 11, 1999 Page 99 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/ Bruce Blalack Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Acme Electric Company By: /s/ Barry Brown PRINTED NAME: Barry Brown TITLE: President COMPLETE ADDRESS: Acme Electric Company 1115 Slaton Highway Lubbock, Texas 79404 This project involves construction and modification at critical facilities including necessary paving and concrete pads, quick connect facilities, necessary electric system modification, and cable and transformers to make possible quick connection and efficient use of the emergency generators. This work will be completed to coincide with the delivery and testing of emergency generators during May 1999. Mobile emergency generators will be used in the event of prolonged power outages at critical water and wastewater facilities at various locations throughout the city. These generators will be moved as needed to critical water facilities to maintain water system supply and pressure or moved to wastewater facilities to help prevent prolonged wastewater spills or discharges. Critical facilities include: Lubbock Water Treatment Plant/Pump Station No. 11, 6001 North Guava Avenue Pump Station No. 7, 29th Drive and Vicksburg Avenue • Southeast Water Reclamation Plant, East 37th Street and Guava Avenue • Pump Station No. 10, 82nd Street and Memphis Avenue • Pump Station No. 8, Southeast Loop 289 • Pump Station No. 9, North Quaker Avenue and U.S. Highway 84 Pump Station No. 4, Municipal Drive and Interstate 27 The Water Utilities Capital Project Fund, Emergency Generators - Other Equipment budget amount is $980,000. The low bid is $925,000 from Acme Electric Company of Lubbock, Texas. (28•) Resolution No. 6189/Bid #99000--Municipal Building Carpet Replacement (Facilities Management) 01 Regular City Council Meeting February 11, 1999 Page 100 RESOLUTION NO. 6189 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 install and furnish all materials and services as bid for the Municipal Building Carpet Replacement, between the City of Lubbock and Paul Graham Company, of Lubbock, Texas, and all related documents. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and — shall be included in the minutes of the Council. Passed by City Council this 11th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11th day of February, 1999, 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 Paul Graham Company, 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 #99000 - MUNICIPAL BUILDING CARPET REPLACEMENT - $27,729.00 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. 100 Regular City Council Meeting February 11, 1999 Page 101 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/ Linn Parish (29.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Paul Graham Company By: /s/ Norvell Johnson PRINTED NAME: Norvell Johnson TITLE: President COMPLETE ADDRESS: Paul Graham Company 1415 Avenue N Lubbock, Texas 79401 This project involves the removal of carpet and padding in the Planning Department located on the first floor of the Municipal Building. This bid also includes the purchase of approximately 850 yards of carpet to be used to re - carpet portions of the first floor at a later date. The Municipal Building -Carpet Replacement budget amount is $30,000. The low bid is $27,729 from Paul Graham Company of Lubbock, Texas. Staff recommended rejecting the bid for Bid #98287 and award of each of the remaining bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA The next item considered was Item No. 18, then Item No. 31 was considered following Item No. 18. PUBLIC HEARINGS Hold a public hearing to consider the reallocation of $340,000 of 1997-98 Community Development Block Grant funds. This item was considered following Item No. 33. Mayor Sitton opened the public hearing at 11:07 a. in. 101 Regular City Council Meeting February 11, 1999 Page 102 The following people spoke at the hearing: Alex Torres, Community Development Services Board Vice Chair Grey Lewis, Community Development Services Board Member Melisa Roberts of the YWCA Mayor Sitton closed the hearing at 11:32 a. in. There was another citizen present who also wished to speak, but who had not signed up to speak. An error in closing was declared, and Mayor Sitton reopened the public hearing at 11:33 a. in. Naida Gonzales of the Chapel -Hill neighborhood spoke in regard to securing CDBG funds to upgrade their neighborhood. Mayor Sitton closed the hearing at 11:38 a. in. HEALTH AND COMMUNITY SERVICES (30.) Resolution No. 6192 approving the Community Development Service Board's recommendation for the reallocation of 1997-98 CDBG funds for the 1998-99 program year. RESOLUTION NO. 6192 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council approve the Community Development Service Board's recommendation for reallocation of 1997-98 CDBG funds for the 1998-99 program year as shown in Exhibit "A" which is attached hereto and incorporated as fully set forth herein. Passed by City Council this llth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Exhibit A is filed with Resolution No. 6192. In the January meeting of the Community Development Services Board a recommendation for the reallocation of $340,000 from 1997-98 funds was approved by the Board. In considering the reallocation the Board decided to review those applications that were not funded or were under funded from the application process they had completed in May of 1998. 102 Regular City Council Meeting February 11, 1999 Page 103 There were no HOME or ESG funds to reallocate, and all of the available funds for CDBG public service have been allocated. The remaining eligible requests totaled over $1.5 million. The Board decided it had two previous obligations: 1. YWCA: In the 1998 reallocation, the CDSB awarded $100,000 to the YWCA to purchase the building at 3101 34th. In the 1998-99 allocation, the YWCA requested an additional $400,000 to rehabilitate this building. Since the YWCA had not yet purchased the building, the Board voted not to give them any money from the allocation for rehab, but to give them priority at the 1999 reallocation. 2. City of Lubbock: In the 1998-99 allocation, the CDSB voted to give the City $200,000 for the consolidation and move of the Community Development and Housing Sections to the Health Department. At the same time they voted not to fund an additional $100,000 to the City to put an elevator in the Health Department Building. The Board felt that building the elevator should be the responsibility of the City. Since the rehabilitation of the Health Department building had not begun before September 30, 1998, the end of the fiscal year, the allocated funds were closed out with the administration account. The City requested that the $200,000 be given back to the Community Development Department in the 1999 reallocation in order to carry out this project. Several Board members felt strongly that the City should be responsible for paying for the move, using the same reasoning that was used last year when they voted not to recommend paying for the elevator. Others felt that since the Board had previously committed the money to the City, they should reallocate it to the City. After much discussion the Board voted to recommended awarding the YWCA $240,000 for renovation of a facility, and $100,000 to the CD Department for the consolidation and move to the Health Department. Doug Goodman, Director of Health and Community Services, presented staff comments. Staff agrees with the CDSB that the funding should be provided to both the YWCA and the City Community Development Department; however, staff recommended that the City receive the full $200,000 previously allocated to the department for the move and that the YWCA receive $140,000. Councilmember Cooke made a motion to pass this item. After discussion, Councilmember Patterson called for the question; Councilmember Cooke seconded the move to call for the question. Mayor Sitton then called for the vote on the call for the question. Motion carried: 6 Yeas, 0 Nays. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass Resolution No. 6192 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Nelson voted Nay. The next item considered was Item No. 34. (31.) Resolution No. 6191 approving the Community Development Service Board's recommendation for Targeting of Community Development funds for FY 1999-2000. This item was considered following Item No. 18. 103 Regular City Council Meeting February 11, 1999 Page 104 RESOLUTION NO. 6191 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council approve the Community Development Service Board's recommendation for Targeting of Community Development funds for FY 1999-2000 as shown in Exhibit "A" which is attached hereto and incorporated as fully set forth herein. Passed by City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Exhibit A is filed with Resolution No. 6191. Starting in 1995 the City Council desired to create more of an impact in the use of Community Development funds. In order to accomplish this, the concept of targeting was adopted. Targeting is a method of trying to focus the majority of funding into just a few neighborhoods in order to make a greater impact in a shorter amount of time. In Lubbock's first Consolidated Plan seven neighborhoods were identified that would be targeted over the next five years. To date five have been targeted. Arnett Benson, Harwell, Chatman Hill, Jackson Mahon, and Heart of Lubbock are the neighborhoods that have been targeted over the last four years. Slaton Bean and North Overton are the two remaining neighborhoods. The City is currently revising its Consolidated Plan for submission in the year 2000. Some of the things staff has learned from the past include the following: seven neighborhoods may be too many to target; some neighborhoods may be too big to target all at once. These are things that will be considered in the future. In December the Community Development and Services Board voted unanimously to target the five neighborhoods previously served (Arnett Benson, Harwell, Chatman Hill, Jackson Mahon, Heart of Lubbock) in order to be able to address unmet needs in those areas, to see if any follow-up is needed, or new needs have arisen. It was also recommended by the Board to begin plans for a neighborhood revitalization plan for North Overton. Doug Goodman, Director of Health and Community Services, presented staff comments. Community Development staff recommended the approval of these recommendations from the Board. 104 Regular City Council Meeting February 11, 1999 Page 105 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 6191 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. TRANSPORTATION SERVICES (32.) Consider a resolution authorizing the Mayor to sign a resolution urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. This item was deleted. MISCELLANEOUS (33.) Ordinance No. 10142 merging the Committee for Women and the Human Relations Commission and thereby creating the Community Relations Commission (first reading). ORDINANCE NO. 10142 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO COMBINING THE HUMAN RELATIONS COMMISSION AND THE COMMITTEE FOR WOMEN INTO A SINGLE COMMITTEE TO BE CALLED THE COMMUNITY RELATIONS COMMISSION; ESTABLISHING THE MEMBERSHIP, FUNCTIONS AND DUTIES OF THE COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. After a series of separate and joint meetings, the Committee for Women and the Human Relations Commission both voted unanimously to approve the merging — of their committees to form the Community Relations Commission. Included in Council backup was a January 11, 1999 memorandum to the Mayor and City Council co -signed by the Chairs of the Committee of Women and the Human Relations Commission requesting the merger of these two City volunteer boards. Legally, because the Committee for Women and the Human Relations Commission were formed by ordinance, a second ordinance is required to bring about their dissolution before they can be merged in to the new Commission. This same ordinance serves to create the new Community Relations Commission. The Community Relations Commission will assist the City Council in promoting education, building understanding, and making recommendations regarding issues involving gender, race, age, and disability. The Committee for Women and the Human Relations Commission are requesting Council approve their merger to form the Community Relations Commission. Tony Privett, Corporate Communications Manager, presented staff comments. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10142 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay. The next item considered was Item No. 29. Regular City Council Meeting February 11, 1999 Page 106 FINANCIAL SERVICES (34.) Resolution No. 6193 approving and authorizing publication of (i) notice of intent to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation to finance the purchase of the Wilson Project/Hancock Land Application Site property for $6.1 million. This item was considered following Item No. 30. RESOLUTION NO. 6193 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System, including the purchase land for the irrigation of effluent, and (ii) professional services rendered in connection with such project and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to given notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $6,100,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Sewer System, including the purchase of land for the irrigation of effluent, and (ii) professional services rendered in connection with such project and the financing thereof, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Passed by City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 106 Regular City Council Meeting February 11, 1999 Page 107 Exhibit A and Exhibit B are filed with Resolution No. 6193. On January 14, 1999, City Council approved Resolution No. 6152 authorizing the Mayor to execute a land purchase agreement with Lubbock Christian University/Lubbock Christian College Investment Corporation for the Wilson Project/Hancock Land Application Site Property. An amount of $6,100,000 in certificates of obligation backed by a sewer revenue pledge needs to be issued to finance the purchase of the property and pay related issuance costs. This action authorizes two resolutions that direct publication of Notice of Intent to issue certificates of obligation on February 14 and 21, and publication of Notice of Sale of the certificates of obligation on February 14, 21, 28 and March 7 and 14. These actions are necessary to advertise notice of the bond sale prior to the first reading of the bond ordinance to authorize the issuance of the certificates, scheduled for March 25, 1999. This debt does not require a sewer increase. Betsy Bucy, Director of Finance, presented staff comments. As this action is necessary to proceed with a bond issuance, staff recommended passage of these resolutions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 6193 as recommended by staff. Motion carried: 5 Yeas, 1 Nay. Councilmember Hernandez voted Nay. (35.) Resolution No. 6194 approving and authorizing publication of notice of sale with respect to refunding bonds to finance the City's portion of outstanding Canadian River Municipal Water Authority's (CRMWA) discharge of Bureau of Reclamation debt. RESOLUTION NO. 6194 A RESOLUTION approving and authorizing publication of notice of sale with respect to refunding bonds. WHEREAS, the City Council of the City of Lubbock, Texas has determined to issue refunding bonds to refund the City's obligation under the Meredith Supply Agreement between the City and the Canadian River authority and, in connection therewith, the sale of such bonds is to be advertised in a newspaper once a week for a period of 30 days; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: The City Secretary is hereby authorized and directed to cause notice of sale relating to the sale of refunding bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Passed by City Council this 1lth day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary 107 Regular City Council Meeting February 11, 1999 Page 108 Exhibit A is filed with Resolution No. 6194. (36.) (37.) (38.) On January 28, 1999, City Council approved Resolution No. 6174 authorizing the Mayor to execute an agreement between the Canadian River Municipal Water Authority (CRMWA) and City of Lubbock for the prepayment of obligations incurred in connection with construction of the Canadian River Project. In order to participate in this agreement, refunding bonds need to be issued in the amount of $12,300,000. The City of Lubbock is a member city in the Canadian River Municipal Water Authority ("CRMWA") along with the cities of Amarillo, Borger, Brownfield, Lamesa, Levelland, O'Donnell, Pampa, Plainview, Slaton and Tahoka. The City of Lubbock's membership interest represents approximately 41. 877 % . In HR 3687, the Bureau of Reclamation agreed to accept from Canadian River Municipal Water Authority an amount of $34,806,731 financed at 5.82% in order to fully discharge outstanding principal of $56,207,015.33 at 2.62%. The Bureau of Reclamation also agreed to provide a credit of $7,185,000 which represents contributions to debt service made by Canadian River Municipal Water Authority above the annual principal and interest payments. The net result for the City of Lubbock is to discharge an obligation of over $20,000,000 by issuing debt of approximately $12,300,000. Annual cash flow savings are projected to be approximately $360,000 which over the life of the obligation will total over $7,000,000. This action is the first in a series of actions to issue bonds. This bond issue is expected to parallel the $6,100,000 issue of certificates of obligation. Betsy Bucy, Director of Finance, presented staff comments. As this action is necessary to proceed with a bond issuance, staff recommended passage of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 6194 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS Consider one appointment to the Culture and Arts Commission. Motion was made by Councilmember Patterson to appoint Gail Fargason t, Motion carried: 6 Yeas, 0 Nays. Cooke, seconded by Councilmember the Culture and Arts Commission. Consider one appointment to the Electric Utility Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Gwen Titus to the Electric Utility Board. Motion carried: 6 Yeas, 0 Nays. Consider one appointment to the Board of Electrical Examiners. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Ray Duncan to the Board of Electrical Examiners. Motion carried: 6 Yeas, 0 Nays. Regular City Council Meeting February 11, 1999 Page 109 (39.) Consider one appointment to the Board of Health. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Josie Alvarado to the Board of Health. Motion carried: 6 Yeas, 0 Nays. (40.) Consider one appointment to the Parks and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jeff Shropshire to the Parks and Recreation Board. Motion carried: 6 Yeas, 0 Nays. (41.) Consider five appointments to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Billie Jean Caviel, Bill Mateja, and Jim Riddle as Alternate Members and Lee Manning and Harold Womack as Regular Members to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. 11:56 A. M. COUNCIL RECESSED 1:14 P. M. COUNCIL RECONVENED 1:14 P. M. COUNCIL ADJOURNED M There being no further business to come before Council, Mayor Pro Tem Ince made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 3 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment (Ince, Cooke and 15elson). 11, City Secretary Read and approved this )411z, day of ATTEST: Kay,, ie arnell, City Secretary 109