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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/25/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 25,1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of February, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS No citizens appeared to express comments to the Council. 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); pending or contemplated litigation (Civic Services; Health and Community Services; Lubbock Power & Light); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:34 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 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 (Civic Services; Health and Community Services; Lubbock Power & Light). ( 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: Community Relations Commission Board of Electrical Examiners Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 9:34 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. Regular City Council Meeting February 25, 1999 Page 112 (5.) Overview of City of Lubbock Y2K Contingency Plan presented by Jim Bertram, Director of Strategic Planning. (6.) Presentation on First Quarter 1998-99 Performance to Budget by Anna Mosqueda, Director of Management Services. (7.) Presentation on First Quarter Investment Report by Andy Burcham, Cash and Debt Manager. 10:45 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Assistant City Secretary Absent: Kaythie Darnell, City Secretary Mayor Sitton called the meeting to order at 10:45 A. M. (8.) Monsignor Antonio Gonzales of Our Lady of Grace Catholic Church gave the invocation. (9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Culture and Arts Commission Receiving: Gail Fargason Electric Utility Board Receiving: Gwen Titus Parks and Recreation Board Receiving: Jeff Shropshire Zoning Board of Adjustment Receiving: Bill Mateja CITIZEN APPEARANCES (10.) Presentation of a Special Recognition to Ches Carthel, President of the South Plains Chapter of the Texas Society of Professional Engineers, and City engineers commemorating National Engineers Week. President Clinton has proclaimed the week of February 21-27, 1999 as National Engineers Week in the United States. Engineers have contributed greatly to a better quality of life in Lubbock and the South Plains area, as well as throughout the nation. Engineers in Lubbock and the South Plains continue to set a standard of "TURNING IDEAS INTO REALITY" for the City of Lubbock. The engineers in the South Plains desire to celebrate their professional associations and challenges during this week. Ches Carthel, Marsha Reed and Terry Bilderback accepted on behalf of the City engineers. 112 Regular City Council Meeting February 25, 1999 Page 113 (11.) Presentation of a thank -you card to Mayor Sitton by the Guadalupe/ Parkway Neighborhood Centers. The young men and women who attend the Guadalupe/Parkway Neighborhood Centers wanted to thank the Mayor and Council for promoting youth issues and assisting their centers. Larry Wilson, Director, and several children from the center presented the thank -you banner to Mayor Sitton, who accepted on behalf of the City. Councilmember Nelson recognized Gabby Silva of Australia, who was the host/interpreter for the Junior Ambassadors of Lubbock during their exchange program in Japan. Mr. Silva was presented with a City of Lubbock Honorary Citizenship. (12.) Presentation by Randy Neugebauer of a resolution urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. The U. S. Congress recognized the need for increased investment in the nations surface transportation infrastructure when it enacted the Transportation Equity Act for the 21" Century (TEA-21) in 1998. The Texas Department of Transportation (TxDOT) foresees a shortfall in matching funds allowing Texas to leverage the increased federal funding. Transportation funds are currently being distributed to the Department of Public Safety, reducing the State's ability to leverage federal funds. Another untapped funding source is the point of tax collection of state motor fuels from retail to the wholesale level in the distribution process. This resolution urges the Legislature to increase annual appropriations to the TxDOT in two ways: ■ By fully funding the Department of Public Safety from a source other than State Highway Fund 006, and ■ By collecting the state motor fuel tax at the terminal rack. On October 2, 1998, the Lubbock Metropolitan Planning Organization approved a similar resolution. State Transportation Commissioner Robert Nichols recently requested that the City and County approve resolutions supporting increased funding for TxDOT by collecting fuel taxes at the terminal rack and by funding the Department of Public Safety by a source other than State Highway Funds. As of February 4, 1999, 69 organizations have endorsed resolutions such as this. A list of these organizations was included in Council backup. Staff recommended approval of the City Council authorizing the Mayor to execute this resolution, Item No. 45 on the agenda. The next item considered was Item No. 45. TOP TEN LIST Councilmember Nelson gave his Top Ten Positive Things About Lubbock: No. 10 is the Library Loan Program. This Inter -Library Loan Grant Program has had its headquarters in Lubbock City -County Library system for 25 years. This program is an excellent educational resource 113 Regular City Council Meeting February 25, 1999 Page 114 for 29 counties served by the West Texas Library System. It locates and provides books and other reference and resource materials to city, county, college, and university libraries in the West Texas region. No. 9 is Unencumbered Business Sector. If you didn't see it last December, and I'm glad Dixon Platt is here because I know he is aware of it, at the recommendation of our Economic Development Task Force, our Market Lubbock, Inc. entity, our Council and Lubbock County Commissioners gave back to the businesses a tax reduction. You may ask, how did they do that? That was called the Freeport Tax Exemption that we voted on unanimously to provide to many of the businesses in our area. What is the Freeport Tax Exemption? This lets businesses who manufacture, assemble and store products for a period of time of 175 days or less in Lubbock and then later ship those products out of state, it lets those businesses avoid paying personal property inventory taxes. And this is about a $1 million tax refund, in essence, to the business sector of Lubbock. It enables our local businesses to be unencumbered a little more, have a lighter tax burden, and reinvest the money that they would otherwise pay in taxes, into their own businesses and to help their own businesses grow, create jobs, and push forward our economy here in Lubbock. It also enables us to attract other businesses wanting to locate in a more business friendly environment. No. 8 is Basketball. Just a note to say that our No. 11 rated Texas Tech women's basketball team and our Texas Tech men's basketball team will be going to Kansas City for the Big 12 Conference Tournament next week, and we wish them luck in that endeavor. I'm sure that they will present themselves and represent Lubbock very well. No. 7 is Baseball. The No. 19 rated Texas Tech Red Raider Baseball Team off to an excellent start of 9-5 or 10-5, begin the Big 12 Conference scheduled this week with Iowa State here in Lubbock. We wish them luck and appreciate what they bring from an economic development standpoint. No. 6 is Off and On the Beaten Path. Lubbock and its semi -arid environment is somewhat off the beaten path. We have a wonderful, more relaxed lifestyle; we have, I think, a quality of life that exudes relaxation and opportunity. We are somewhat off of the nervous, tense, beaten path of larger metropolitan areas, but in the like manner, as Randy Neugebauer pointed out to you, we are on the beaten path. We are on Interstate 27; we are in the middle of a trade corridor that will stretch the Mexico border all the way up to Canada. We are involved with Texas Tech in an agri-tech corridor between Hale County and Bexar County in San Antonio. We truly are in an area, being the Hub of the Plains, an area where we are on the path of many, many people, and our economy, I think, benefits from that. No. 5 is Conventions. Due to the efforts of our Convention and Tourism Bureau, the Hub City has become a major meeting place for area and state conventions. In the next few months, 15 conventions will be drawing from 100 to 6,000 visitors each. They will take place in the City of Lubbock. A short list shows the variety of people who will sample Lubbock's famous hospitality: the West Texas Judges and Commissioners, Texas Cotton Ginners' Association, the Texas Council of Family Relations, Contractors 2000, and the Texas Association for Symphony Orchestras, and the Texas Society and Interpreters of the Deaf. On down the line we'll host the Miss Texas USA Pageant and the 1999 Association of Mayors, Councilmembers and Commissioners. 114 Regular City Council Meeting February 25, 1999 Page 115 Hats off to the Convention and Tourism Bureau of Lubbock for making Lubbock an outstanding place to meet. No. 4 is King, Martin Luther King's Influence. Simply to highlight that the entire month of February is Black History Month, and we have been fortunate to not only read in our newspaper and hear in our local media highlights of history of our African -American heritage, but also to be involved in various events. I want to call your attention to the Black History Month Parade that will begin this Saturday at 12:00 Noon, starting out at Estacado High School and travel through the city and end at Dunbar Junior High. We ask everyone to participate in that and enjoy the rich heritage that our black history gives to us in the City of Lubbock. No. 3 is Youngsters Making a Difference. And I'm glad Gabby is here today. J. T. Hutchinson Junior High School recently made a contribution to Hospice of Lubbock in the amount of $4,630. They raised this through a jog-a-thon, primarily, and other fund raising projects, and they awarded that, I believe, for the fifth time to Hospice of Lubbock, making their total contributions in excess of $22,000 to that entity. These are young people in our city, some of whom went on our Junior Ambassador Missions to Japan, these people are making a difference in our community, and hats off to them and their sponsors, Lonnie Wheeler, Julie Bothun, and Todd Perry. No. 2 is Engineers. The Mayor has just presented a commendation to our engineering association. I believe they had their banquet recently this week. They truly add a wonderful addition to our construction and architectural advancement here in the City of Lubbock. No. 1 is Student Exchange Program. The City of Lubbock participates in several student exchange programs, including foreign exchange programs sponsored by our local school districts and our civic clubs. Junior Ambassador Goodwill Program members participate in an exciting cultural exchange and experience firsthand the customs and lifestyle of Japanese society. Participants in the program spend approximately seven to ten days in Japan. This once in a lifetime opportunity enriches the ambassador's understanding of social, political and economic aspects of Japan and increases their understanding of the need for global competitiveness in the job market of the 21st century. Likewise, the National League of Cities is encouraging their biannual conference attendees to bring youth delegates. We've already done that earlier this year, and we are going to bring four more at the next meeting in March. This affords youth the opportunity to see policy making and policy makers in action as they attend seminars that provide information on subjects ranging from annexation to telecommunications. The City of Lubbock is proud to encourage youth development with these opportunities. And we once again acknowledge Gabby Silva and his presence here today and participation in our exchange programs with the City of Shizuoka, Japan. CONSENT AGENDA (Items No. 13 - 42) 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. Councilmember Hernandez had stepped away from the dais. 115 Regular City Council Meeting February 25, 1999 Page 116 (13.) Approval of the minutes of the Regular City Council Meeting of February 11, 1999. (14.) Ordinance No. 10143 amending Chapter 24 of the Code of Ordinances of the City of Lubbock to provide the City authority to abate nuisances caused by defective sidewalks, driveways, etc. (first reading). ORDINANCE NO. 10143 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO DEFECTIVE SIDEWALKS, DRIVEWAYS, ETC. - NUISANCE DECLARED; DUTY OF ABUTTING OWNER TO REPAIR GENERALLY; ABATEMENT BY CITY; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Defective sidewalks, driveways, etc. are defined as nuisances in Section 24-64 of the Code of Ordinances. State Law provides for municipalities to abate nuisances caused by defective sidewalks, driveways, etc. The purpose of this proposed amendment is to provide for abatement of these nuisances by the City consistent with the provisions in Chapter 12 of the Code of Ordinances. The Legal Department and City Engineer support this amendment. The Environmental Inspection Services Department recommended the first reading of this ordinance. (15.) Ordinance No. 10144 abandoning and closing a portion of North Quinton Avenue and a portion of Jarvis Street in the Depauw- McLarty Addition to the City of Lubbock (4410 Jarvis Street) (first _ reading). ORDINANCE NO. 10144 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF NORTH QUINTON AVENUE AND A PORTION OF JARVIS STREET IN THE DEPAUW- MCLARTY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a portion of North Quinton Avenue between Kemper and Jarvis Streets and a portion of Jarvis Street just west of Quaker Avenue for replat purposes by Ken Flagg. The area of North Quinton Avenue being closed is 13,926.13 and the area of Jarvis Street being closed is 1,280.66 for a total area being closed of 15,206.79 square feet. A new portion of an east -west alley will be dedicated between Kemper and Jarvis Street which will contain 1,120 square feet and the portion of Jarvis Street which was closed from North Quinton Avenue to North Quaker Avenue will be opened up and contains 7,456 square feet for a total amount of dedication of 8,576 square feet. The areas being closed are larger in square footage than the areas being dedicated and according to the street closure resolution, the amount of 116 Regular City Council Meeting February 25, 1999 Page 117 square foot difference must be paid for by the proponent. Therefore, 15,206.79 square feet (closed row) - 8,576 square feet (dedicated row) = 6,630.79 square feet. After reviewing the Appraisal District records and lot sales in this area, the Right -of -Way Department has valued this 6,630.79 square feet at $0.26 per square foot, for a total due the City of $1,724. The Right -of -Way Department recommended the first reading of this ordinance. (16.) Resolutions No. 6196, No. 6197, No. 6198, No. 6199, No. 6200, and No. 6201 authorizing the Right -of -Way Department to make offers to 11 property owners for six (6) parcels of right-of-way for the East- West Freeway Railroad relocation (19th Street and Langford Avenue, FM 179 and 4th Street). RESOLUTION NO. 6196 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to 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: PARCEL NO OWNER'S NAME IRR-21 Dorothy Faye Womack Shaw AMOUNT $12,500 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being Dorothy Faye Womack Shaw BE offered through the Right -of -Way Department of the City of Lubbock the amount of $12,500 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 117 Regular City Council Meeting February 25, 1999 Page 118 Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6196. RESOLUTION NO. 6197 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the — public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to 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: PARCEL NO OWNER'S NAME AMOUNT IRR-9 Ronald E. Thompson and Scott Odam $80,700 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being Ronald E. Thompson and Scott Odam BE offered through the Right -of -Way Department of the City of Lubbock the amount of $80,700 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 118 Regular City Council Meeting February 25, 1999 Page 119 Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6197. RESOLUTION NO. 6198 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on the surface estate to 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: PARCEL NO OWNER'S NAME AMOUNT IRR-9A Paul Scott $7,000 SECTION 2. THAT the above -described parcel of land whose improvements acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described improvements on Exhibit A being Paul Scott BE offered through the Right -of -Way Department of the City of Lubbock the amount of $7,000 indicated for this parcel, which is the amount appraised as the value and total damages for the acquisition of the improvements on 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the improvements on the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. 119 Regular City Council Meeting February 25, 1999 Page 120 Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6198. RESOLUTION NO. 6199 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to 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: PARCEL NO OWNER'S NAME AMOUNT IRR-10 Donald Lee Huffaker, Roger Douglas Huffaker, $8,400 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 is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. 120 Regular City Council Meeting February 25, 1999 Page 121 SECTION 4. THAT the owners of the above -described parcel of land being Donald Lee Huffaker, Roger Douglas Huffaker, and Joyce Iva Huffaker A/K/A Joyce Huffaker A/K/A Iva Joyce Huffaker BE offered through the Right -of -Way Department of the City of Lubbock the amount of $8,400 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6199. RESOLUTION NO. 6200 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to 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: PARCEL NO OWNER'S NAME AMOUNT IRR-12 Colene Byrom, A/K/A Colene Bryant $30,400 Byrom A/K/A Colene Bryant Woodard, F/K/A Colene Bryant and husband Wesley Byrom 121 Regular City Council Meeting February 25, 1999 Page 122 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcel of land being Colene Byrom, A/K/A Colene Bryant Byrom, F/K/A Colene Bryant Woodard, F/K/A Colene Bryant and husband Wesley Byrom BE offered through the Right -of -Way Department of the City of Lubbock the amount of $30,400 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6200. RESOLUTION NO. 6201 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 East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate to 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: 122 Regular City Council Meeting February 25, 1999 Page 123 PARCEL NO OWNER'S NAME AMOUNT IRR-52 Joyce Huffaker, A/K/A Joyce Iva $84,660 Huffaker, A/K/A Iva Joyce Huffaker SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owner of the above -described parcel of land being Joyce Huffaker, A/K/A Joyce Iva Huffaker, A/K/A Iva Joyce Huffaker BE offered through the Right -of -Way Department of the City of Lubbock the amount of $84,660 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate 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, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 25th 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 Exhibit A is filed with Resolution No. 6201. These six parcels of right-of-way are needed for the railroad route around West Lubbock in conjunction with the East-West Freeway project. These property owners are: 1RR7: Janie Rebecca Wilbanks and Osa Wilbanks, 1RR9: Ronald E. Thompson and Scott Odam, 1RR9A: Paul Scott, 1RR10: Donald Lee Huffaker, Roger Douglas Huffaker and Joyce Iva Huffaker, 1RR12: Colene Byrom and Wesley Byrom, 1 RR52: Joyce Huffaker. 123 Regular City Council Meeting February 25, 1999 Page 124 Parcels 1RR7, 1RR9, 1RR9A, 1RR10, and 1RR52 are located adjacent to 19th Street between Quitsna Avenue and Inler Avenue at what would be Langford Avenue. 1RR9, 1RR9A, and 1RR52 contain residential improvements. 1RR7 and 1RR10 are vacant tracts of land in cultivation. 1RR12 is located at the northwest corner of FM 179 (Infer Avenue) and 4th Street and is in cultivation. These properties were appraised by Tommy Cantrell and Jim Bowman. The resolutions ask for approval of the offers to these owners for parcels. These resolutions authorize the Right -of -Way Department to offer the property this appraised amount and if refused, institute condemnation proceedings to acquire these properties. The Right -of -Way Department recommended the approval of said offers to these property owners. (17.) Resolution No. 6202 authorizing the Mayor to execute a street -use license with E. E. Palmer for an underground pipeline (6201 West 19th Street). RESOLUTION NO. 6202 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents with E. E. Palmer for an underground pipeline. 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. Passed by City Council this 25th 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 A copy of the Street Use License is filed with Resolution No. 6202. This street -use license allows E. E. Palmer's environmental service company, Southwest Geological and Environmental Services, Inc., to install an underground pipeline in the 60-foot street right-of-way of Juneau Avenue which will connect three monitor wells that are located on the church property across the street from Mr. Palmer's property to monitor wells on his property. The former Shamrock Service Station owned by Mr. Palmer at the southwest corner of 19th Street and Juneau Avenue has been identified by the TNRCC as having an underground 124 Regular City Council Meeting February 25, 1999 Page 125 leaking fuel storage tank, and remedial work is required. Monitor wells have been installed, and this underground pipeline will connect the three monitor wells across the street on the church property. This license will be for twenty years, payable every five years in advance, and the yearly minimum fee of $50 will be charged. The Right of Way Department recommended the approval of this street - use license. (18.) Resolution No. 6203 authorizing the Mayor to execute a Quitclaim Deed in favor of John and Shannon Tyson (3402 46th Street). RESOLUTION NO. 6203 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 Quitclaim Deed in favor of John Tyson and Shannon Tyson. Said Quitclaim Deed 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 25th 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 A copy of the Quitclaim Deed is filed with Resolution No. 6203. This resolution authorizes the Mayor to convey a 34.30-foot wide by 130.00-foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, John and Shannon Tyson. The City is selling this 34.30-front-foot wide strip of Indiana Avenue right-of-way to the Tysons for $5 per front foot, or $171.50 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. (19.) Resolution No. 6204 authorizing the Mayor to execute Amendment #3 to Contract No. 51905F-1004 with the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. 125 Regular City Council Meeting February 25, 1999 Page 126 RESOLUTION NO. 6204 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, Amendment #3 to State Urban Public Transportation Grant Agreement, dated September 1, 1998, by and between the City of Lubbock and Texas Department of Transportation, 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 25th 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 Amendment to Grant Agreement is filed with Resolution No. 6204. TxDOT is allocating an additional amount of $52,495 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus), bringing the total annual for FY 1998-99 in state operating assistance to $892,852. Amendment #3 to the original contract is effective through August 31, 1999. Acceptance of Amendment #3 will result in no additional cost to the City of Lubbock. Citibus staff recommended the approval of Amendment #3 to Contract No. 541905F-1004. (20.) Resolution No. 6205 authorizing and directing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock a lease with the United States Air Force for the lease of Building Number 76, Davis Drive, Lubbock County, Texas, including parking area and certain furnishings, for a period of up to five years, to be used for police academy purposes. RESOLUTION NO. 6205 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, 126 Regular City Council Meeting February 25, 1999 Page 127 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 this facility prior to transfer of the property to the City; 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 a Lease with the Department of the United States Air Force for the lease of Building Number 76, Davis Drive, Lubbock County, Texas, including parking area, furnishings and certain personal property located thereat, for a period of up to five years, to be used for police academy purposes. A copy of the lease, 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 25th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Becky Garza Becky Garza Assistant City Secretary APPROVED AS TO CONTENT: /s/ Dale Holton Dale Holton, Assistant Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Lease is filed with Resolution No. 6205. 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. IMA Regular City Council Meeting February 25, 1999 Page 128 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. On January 28, 1999, the City Council resolved that application be made under the Federal Surplus Property Transfer Program for the transfer or conveyance of this property to the City of Lubbock, Resolution Number 6169. It is necessary and desirable that the police academy has access to this facility immediately and prior to transfer of the property to the City. The City Attorney's Office recommended that the resolution be passed. (21.) Resolution No. 6206 authorizing the Mayor to execute an affiliation agreement between the City of Lubbock Health Department and Texas Tech University Health Sciences Center (TTUHSC) School of Allied Health Emergency Medical Service. RESOLUTION NO. 6206 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 on behalf of the City of Lubbock an Affiliation Agreement (No. ALAR95613/1), and any associated documents, by and between the City of Lubbock and the Texas Tech University Heath Sciences Center, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 25th 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/Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Affiliation Agreement is filed with Resolution No. 6206. 128 Regular City Council Meeting February 25, 1999 Page 129 TTUHSC School of Allied Health Emergency Medical Service (EMS) provides all services to clients with whom they come in contact. One such service is administering immunizations to children and adults. The City of Lubbock Health Department has provided training for the EMS students in order to familiarize them with the vaccine schedule and techniques for administering immunizations to all ages. This has been an ongoing affiliation agreement between the City of Lubbock Health Department and TTUHSC since July 1995. This affiliation agreement exemplifies public -private cooperation in providing needed services/education within the community. Staff recommended approval of this contract. (22.) Resolution No. 6207 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 Dumas, Texas. RESOLUTION NO. 6207 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 Dumas, Texas. 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 25th 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. 6207. 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 Dumas, Texas brings the total of cities and counties to 18. 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. 129 Regular City Council Meeting February 25, 1999 Page 130 By entering into this agreement with the City of Lubbock, the City of Dumas 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 21s` 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 Dumas, Texas. (23.) Resolution No. 6208 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the Texas Department on Aging (TDOA). RESOLUTION NO. 6208 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 senior citizen services, by and between the City of Lubbock and South Plains Association of Governments, 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 25th 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6208. Background/Discussion and Summary/Recommendation for this item are included in Item No. 24. 130 Regular City Council Meeting February 25, 1999 Page 131 (24.) Resolution No. 6209 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the United States Department of Agriculture (USDA). RESOLUTION NO. 6209 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 senior citizen services, by and between the City of Lubbock and South Plains Association of Governments as related to pass through funds from the United States Department of Agriculture, 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 25th 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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6209. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 19 years to provide services for the senior population. SPAG serves as the pass -through agency for federal funds from the Texas Department on Aging (TDOA) and the United States Department of Agriculture (USDA). The City of Lubbock Senior Program targets any citizen 60 years or older to provide a hot meal, transportation, recreational and social activities. The FY 1998-99 agreement with SPAG provides reimbursement for meal and transportation. Staff anticipates serving approximately 70,000 meals and approximately 10,500 units of transportation. The reimbursement rates from SPAG are as follows: 131 Regular City Council Meeting February 25, 1999 Page 132 Congregate Meals - approximately 16,940 units at $5.36 per unit for $90, 801; Transportation - 2,876 units at $5.68 for $16,334; and USDA - $0.58, per meal served for approximately $40,600. The total estimated revenue to the City of Lubbock from the SPAG contract is: Congregate Meals $ 90, 801.00 Transportation 16,334.00 USDA 40,600.00 Donations 42,000.00 $189,735.00 Reimbursement for the senior meals is matched in part by donations received from the seniors. Last year staff received $48,584.49 in donations, $145,236.92 in reimbursements from SPAG and USDA, and staff expended $151,035 on the meal program and advertisement for the meal program. Staff recommended approval of these agreements as the funding aids in meeting the needs of the senior population and enhances services offered by the City of Lubbock. (25.) Resolution No. 6210 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Lubbock Emergency Communications District for the creation and maintenance of a 9-1-1 database for the City's switched network. RESOLUTION NO. 6210 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 Enhanced 9-1-1 service, by and between the City of Lubbock and Lubbock Emergency Communication District, 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. 132 Regular City Council Meeting February 25, 1999 Page 133 Passed by City Council this 25th day of February, 1999. /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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6210. The City of Lubbock has a telephone switch which routes incoming calls from four Smart Trunks to over eleven hundred phones, faxes and modems. To ensure that City employees making emergency 9-1-1 calls are responded to in an expedient manner, the City needs to furnish Lubbock Emergency Communications District (LECD) with a database of numbers and addresses. LECD will include this database in their Enhanced 9-1-1 system. This will enable the address of the employee making the call to appear at the 9-1-1 console in the Communications Center. The cost of the initial setup is $720 and the ongoing cost for maintaining this database is $78.40 per month. Staff recommended contracting with Lubbock Emergency Communications District to set up and maintain this database. (26.) Resolution No. 6211 authorizing the Mayor to execute an interlocal cooperative agreement for enhanced 9-1-1 service between the City of Lubbock and Lubbock Emergency Communications District. RESOLUTION NO. 6211 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 Cooperative Agreement for Enhanced 9-1-1 service, by and between the City of Lubbock and Lubbock Emergency Communication District, and related documents. Said Interlocal Cooperative 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. 133 Regular City Council Meeting February 25, 1999 Page 134 Passed by City Council this 25th day of February, 1999. /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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Interlocal Agreement is filed with Resolution No. 6211. Lubbock Emergency Communications District (LECD) subscribes with Southwestern Bell Telephone for Enhanced 9-1-1 services provided to the citizens of Lubbock. Enhanced 9-1-1 provides the address to the dispatcher's console when an emergency call is made. The City of Lubbock has a switched telephone network that requires an additional database of numbers and locations be installed to provide the information required by an Enhanced 9-1-1 system. This Interlocal agreement between LECD and the City of Lubbock provides the framework necessary to add the City's internal numbers to the Southwestern Bell database. Staff recommended entering into an Interlocal Cooperative Agreement with Lubbock Emergency Communications District. (27.) Resolution No. 6212 authorizing the Mayor to execute the necessary documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL) with a new Technical Assistance Grant. RESOLUTION NO. 6212 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 any and all documents related to the Texas State Library and Archives Commission (TSLAC) to support the Lubbock City -County Library with a new TSLAC Grant, attached herewith, by and between the City of Lubbock and the Texas State Library and Archives Commission, 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. 134 Regular City Council Meeting February 25, 1999 Page 135 Passed by City Council this 25th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Grant Documents is filed with Resolution No. 6212. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library service. At the end of the current state fiscal year (SFY98), 34 libraries qualified for membership. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1,1974. This year is the 25th annual such contract renewal. As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the Interlibrary Loan Grant Program (ILL). The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. These two programs are fully funded by the State of Texas, and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library contracts with the City of Lubbock and Lubbock City -County Library for housing of staff and implementation of the service program components. The new Technical Assistance grant will be for $54,378. The new grant will fund the hiring of a full-time Technical Advisor for this project. The responsibilities for this position will include providing training and technological assistance to all area libraries. However, this will not increase the staffing level since there is currently an open position in the system that will not be filled. This open position is funded through the existing System Grant with the State. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant, and will have no responsibility or obligation in the event that funds are not appropriated or provided. 135 Regular City Council Meeting February 25, 1999 Page 136 Resolution No. 6144, dated January 14, 1999, authorized and directed the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock, application documents with the Texas State Library and Archives Commission for the Technical Assistance Grant. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. (28.) Resolution No. 6213 authorizing the Mayor to execute a contract between Host Marriott and Lubbock International Airport. RESOLUTION NO. 6213 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 Lubbock International Airport Restaurant Concession Agreement by and between the City of Lubbock, Texas and Host Marriott Services Corporation. 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 25th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Agreement is filed with Resolution No. 6213. In September 1987, the airport staff approached Host Marriott about changing the operational concept of the airport's restaurant, bar and gift shop. In response to the request, Host conducted an extensive passenger survey to evaluate the market and to get an understanding of passenger preferences. In March 1998, officials from Host's corporate headquarters presented the airport staff with the results of the survey. The survey indicated that Lubbock passengers would respond strongly to a national branded product concept. In May 1998, Host made a formal presentation of the survey findings to the Airport Board and recommended a proposal to completely overhaul the concept of the restaurant, bar and gift shop to take advantage of the passenger preference for branded products. The 136 Regular City Council Meeting February 25, 1999 Page 137 proposed concept would require an $800,000 initial investment in capital improvements. Host offered to cover the full cost of the capital improvements and the operational costs of the concept makeover in exchange for a 15-year extension of its concession contract. Host also committed to making an additional $300,000 in capital improvements throughout the term of the agreement to keep the concepts up-to-date. Under the proposed agreement, the concession fees paid to the airport by Host would remain essentially the same as in the current contract. -- As a part of the agreement, Host agreed to enter into a joint venture contract with a Disadvantaged Business Enterprise (DBE). This arrangement would give a minority owned business an opportunity to participate in the concession and would help to ensure that the airport achieves its federally mandated DBE goals. Host has committed to making every effort to ensure that the joint venture opportunity goes to a local DBE firm. The proposed DBE joint venture agreement has been reviewed and approved by the Civil Rights Office of the Federal Aviation Administration. The proposed concession agreement, joint venture agreement, and food price sheets with Host Marriott were available for Council review. Highlights of the agreement are as follows: • As in the current agreement, Host Marriott will have exclusive rights to develop food and beverage and retail concessions in the terminal building at the airport; • The extended term will be for 15 years; through January 2016; • Host Marriott will make an initial investment of approximately — $790,000 dollars (including a maximum of $200K for improvements in the common seating area); • Host Marriott will reinvest $300,000 dollars through year nine of the agreement; • Host Marriott will enter into a 10% joint venture agreement with a local Disadvantaged Business Enterprise; • The pricing structure will not exceed street price plus 15 %; • Host Marriott will manage and market the airport's meeting room facilities and upgrade the interior finishes of those rooms. There will be no cost to the City for using the rooms; and • Host Marriott will build vending kiosks to improve the appearance of the vending machines in the terminal building. While the percentage rent paid by Host would not change under the new agreement, Host's economic model forecasts that food sales will more than double over the next 3'/2 years as a result of the concept change. Accordingly, net revenues to the airport are forecasted to increase from approximately $114,000 in 1997 to $175,000 in 1999. The Airport Board has reviewed the lease and recommended it to the City Council. Staff also recommended approval. (29.) Resolution No. 6214 authorizing the Mayor to execute the necessary documents to enter into a thirty-year lease with the Lubbock Housing Authority on the premises located at 515 North Zenith. 137 Regular City Council Meeting February 25, 1999 Page 138 RESOLUTION NO. 6214 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease, by and between the City of Lubbock and The Housing Authority of the City of Lubbock, and all related documents regarding the lease of property located at 515 N. Zenith Avenue. Said lease is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 25th 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/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Lease is filed with Resolution No. 6214. The Lubbock Housing Authority (LHA) has occupied the building located at 515 North Zenith for approximately 25 years. During the first twenty years the City leased the land to LHA; the lease expired in January 1992. Since that time, LHA has occupied the building without a lease agreement. The proposed lease reinstates a formal agreement for LHA and the City. The term of the proposed lease is for 30 years, with an option to extend an additional ten years upon mutual agreement to do so. LHA shall pay one dollar per year, as rent, for the term of the lease. In addition to the rent, LHA will pay all taxes assessed against the premises and all interests in the premises, whether belonging to the City or to LHA. LHA will be responsible for all utilities and maintenance of the premises. In the event of damage or destruction, LHA will have six months from the date of damage to begin repair or replacement. With written permission from the City, LHA can build on or make improvements to the premises so long as the costs are incurred solely by LHA and the premises are kept free of liens. In addition, the City must provide written approval for the construction plans. All improvements and additions left on the premises become the property of the City when the lease terminates. 138 Regular City Council Meeting February 25, 1999 Page 139 The proposed lease provides an indemnity clause whereby LHA will hold harmless the City, its employees and elected officials from and against any and all losses, damages, claims and liabilities. Furthermore, LHA will be required to procure and carry both Comprehensive General Liability Insurance and Public Liability and Property Damage Insurance of $1 million each per occurrence with the City of Lubbock named as an additional insured. LHA will not be permitted to sublet the premises without the prior written consent of the City, except to other governmental agencies, so long as LHA utilizes the majority of the land to conduct its business. Furthermore, LHA shall comply with all applicable federal, state and local statutes, rules, regulations and ordinances. Staff recommended that the Mayor be authorized to execute the necessary documents to enter into the lease. (30.) Consider the price and condition of sale of Parcel No. 15760-21-40 at 2307 Globe Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to O. E. Farmer d/b/a Trademark Homes for $750. The property is to be redeveloped with a new 1,400 square foot, single-family residence valued at $65,000. The land is properly zoned. The proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area approved by the Urban Renewal Board of Commissioners on August 15, 1989. The Community Development staff recommended approval. (31.) Consider the donation of a lot designated as Parcel No. 69930-2-23 at 2216 2nd Place in the Roberts and McWhorter Urban Renewal Area to the HOME Program for the construction of a new single-family residence. This is a donation of property by the Urban Renewal Agency to the HOME Program to be used as a match contribution to affordable housing program for low to moderate income households. HOME funds were approved by Council for the Community Development Department's funding for FY 1998-99 for one pilot New Construction home. The property is to be redeveloped by an approved private contractor. The new home will be a 1,100 square foot single- family residence, fully handicapped accessible, and valued at approximately $55,000. The proposed development and donation was approved by the Urban Renewal Board of Commissioners on January 19, 1999. The Community Development staff recommended approval. (32.) Consider and vote on accepting the offer made by the Texas Department of Transportation (TxDOT) to purchase Urban Renewal vacant property located on the north side of 4th Street between Avenues O and P in the Guadalupe Urban Renewal Area and to donate the land sale income as match to the HOME Program to further affordable housing. On February 4, 1999, the Texas Department of Transportation (TxDOT) made an offer of $6,300 to purchase this 5,024 square foot triangular tract of land for right-of-way for the proposed East-West Freeway. This site is designated as Parcel 74330-0-10 and is legally described as all of 139 Regular City Council Meeting February 25, 1999 Page 140 Lot 1, Richmond Heights Addition, a replat of Lot 1, Lot 4 and the south 65.3 feet of Lot 2, Richmond Addition to the City of Lubbock, Lubbock County, Texas. This tract is currently a small park site with improvements of five pine trees and three streetlights. TxDOT's offer of $6,300 is based on Leonard H. Berger's appraisal report of October 5, 1998, and the State's review of January 12, 1999. The Urban Renewal Board of Commissioners voted on February 16, 1999 to approve the sale of the land and the donation of the land sales — income to provide match to the HOME Program to further affordable housing. The Community Development staff recommended approval. (33.) Resolution No. 6215/RFP #98112--Lubbock Power & Light Surge Protector Marketing and Services (Electric Administration) RESOLUTION NO. 6215 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, attached herewith, by and between the City of Lubbock, PSG Enterprises, Inc., Spring Hill, Florida, and South Plains Electric Cooperative, Lubbock, Texas, hereinafter called SPEC, 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 25th 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6215. This contract is for a surge suppression system and material as needed to assist Lubbock Power & Light (LP&L) in advertising and marketing of surge suppression packages to residential and small commercial customers. The surge protection package will consist of a service entrance device, multiple in-house devices and an insurance/extended warranty package adequate to replace any damaged equipment. LP&L will allow ownership of the in-house devices upon completion of a three- year lease. 140 Regular City Council Meeting February 25, 1999 Page 141 LP&L's competition recently began offering surge protection systems to their residential and small business customers that help protect electronic equipment and major appliances from potentially damaging power surges such as those caused by lightning. Numerous LP&L customers have called and requested such a service, and the competition is now calling on LP&L's customers and asking them to switch in order to get a surge protection system. Therefore, LP&L has decided to offer a surge protection system to their customers. The selection committee selected PSG Enterprises, Inc. (PSG) to provide their HomeGuard Defender Plus surge suppression system. South Plains Electric Cooperative (SPEC) has a surge suppression program in place, and they also use the HomeGuard system offered by PSG. Volume discounts can be obtained from PSG by combining LPL's requirements with those of SPEC. SPEC also has the experience and ability to provide training for the installation and service of the PSG surge protection equipment. Given those factors, an agreement was negotiated with SPEC for them to store and inventory the PSG surge protection packages for LP&L and to provide training for the installation and service of the equipment. The surge protection proposals were evaluated using the following criteria: 1. Price -- 50 % 2. Quality of Product -- 20 % 3. Customer Service -- 20 % 4. Financial Strength -- 10 % The following companies responded to the RFP and were ranked as follows: PSG Enterprises, Inc. of Spring Hill, FL 90.8 Meter Treater Inc. of Lake Park, FL 74.0 Atlantic & Gulf Enterprises, Inc. of Newberry, FL 69.8 Brandon & Clark of Lubbock, TX 56.4 Brazos Services Corporation, Inc. of Waco, TX 54.9 Graybar Electric Company, Inc. of Lubbock, TX 52.3 Baker Electric of Lubbock, TX 43.3 The Lubbock Power & Light -Customer Retention and Acquisition budget amount is $375,000. The initial expenditure for approximately 250 surge protection packages will be $36, 237.50. LP&L will charge $7 per month for the package, which will result in a payback of less than 21 months. (34.) Resolution No. 6216/Bid #98247--Primary Vendor Contract for Water Department Inventory Items (Central Warehouse) 141 Regular City Council Meeting February 25, 1999 Page 142 RESOLUTION NO. 6216 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 Primary Vendor Contract For Water Department Inventory Items, between the City of Lubbock and Western Industrial Supply Company, of Lubbock, Texas, and any associated 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 25th 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 A copy of the Contract is filed with Resolution No. 6216. This bid is for primary vendor contracts to cover the acquisition of 376 inventory items for the Water Department. Sixteen categories of inventory items include fire hydrants, PVC and cast iron pipe, ductile iron fittings, valves and other water distribution and sewer collection system fittings and materials. These items are necessary for day-to-day operations, emergency maintenance and construction requirements of all Water Utilities sections. Items will be ordered from the suppliers as needed and will be stocked in the Central Warehouse for distribution or delivered by the supplier to various job sites as required. The contract term is for a period of one year, beginning March 1, 1999, with an option to extend for up to two additional one-year terms. Under the terms of the contracts, the suppliers will work closely with Water Department and Central Warehouse personnel to determine current and future requirements and ensure scheduled items are available as required. This contract is expected to result in an overall cost savings by providing lower fixed pricing on inventory items and by eliminating lead times associated with individual acquisitions. Various operating and capital project budgets will fund orders covered under these contracts. The low bids are from the following companies: Morrison Supply Co., Inc. of Lubbock $271,810.89 Western Industrial Supply Co. of Lubbock 207,032.13 142 Regular City Council Meeting February 25, 1999 Page 143 (35.) Bid #98274--Sale of Scrap Paper Goods, Annual Pricing (Solid Waste) This bid establishes annual pricing for the sale of scrap paper goods including corrugated cardboard, newsprint, shredded computer paper, and white ledger paper. As part of the Regional Solid Waste and Waste Diversion Plan, the Solid Waste Department collects scrap paper goods from the recycling drop-off centers and the municipal office paper recycling program. The Solid Waste Department staffs the drop-off centers during hours of operation and is charged with maintaining uncontaminated loads. The department will collect, ensure separation, and deliver the scrap paper to the successful bidder who will market, sell and transport the scrap paper. The Recycling Collection budget and revenue from the sale of scrap paper fund the collection of scrap paper at the recycling drop-off centers and the municipal office paper recycling program. The high bidder is BFI Waste Systems, of Lubbock, Texas. Pricing for each category of scrap paper will be based on market prices listed in the weekly publication of the Official Board Markets. The price paid for each delivery of scrap paper will be calculated by multiplying the Southwest Market High by the percentage shown on the tabsheet. (36.) Bid #98284--230kV Interchange Autotransformer (Electric Distribution) This bid is for the purchase of a transformer to be installed as part of a new third wholesale power interconnection with Southwestern Public Service (SPS). Continued growth of the LP&L system load requires that a third interconnection point be established to ensure the reliability of purchased power transfers. The transformer is needed to step down the SPS transmission voltage of 230,000 volts to the LP&L transmission voltage of 69,000 volts. This transformer will be installed at a new LP&L substation that is being constructed on East 42nd Street and Guava near the new Plains Cooperative Oil Mill facility. The Plains Cooperative Substation -System Capital Outlay budget amount is $1,000,000. The low bid is $998,250 from ABB Power Transmission and Distribution of St. Louis, Missouri. (37.) Bid #98286--Thermal Imaging System (Fire Administration) This bid is for the purchase of four thermal imaging systems designed to improve sight in zero visibility smoke conditions. It has been observed that excessive smoke inhibits response time by increasing the time needed by the Fire Department to detect the source of a fire and any victims that may be confined within a structure. In an effort to reduce the effects of this acute health hazard, the acquisition of this equipment will increase firefighter safety and operational effectiveness. The System Capital Outlay -Other Equipment budget amount is $102,000. The low bid is $77,580 from Four Alarm Fire Equipment of Houston, Texas. (38.) Bid #98289--Automotive Batteries -Annual Pricing (Fleet Services) This bid establishes annual pricing for automotive batteries used in various City department vehicles and equipment. 143 Regular City Council Meeting February 25, 1999 Page 144 The Auto Parts Inventory budget amount for these items is $35,000. The low bid is $33,593.32 from IBS of the South Plains of Lubbock, Texas. (39.) Bid #98296--Round Hay Balers (Land Application Site) This bid is for a three-year municipal lease of two round hay balers. The hay balers will be used by the Land Application Site to move hay crops off the fields. The Land Application Rent Lease Equipment budget amount is $15,000. The low bid is $14,129.72 annually from Abilene New Holland, Inc. of Abilene, Texas. (40.) Resolution No. 6217/Bid #99006--Demolition Work (Right of Way) RESOLUTION NO. 6217 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 Demolition Work, between the City of Lubbock and R & R Ditching, 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 25th 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 144 Regular City Council Meeting February 25, 1999 Page 145 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 25th 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 R & R Ditching, 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 #99006 - DEMOLITION WORK - $40,100.00 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/ Ed Bucy Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Gwen Patterson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR 116IN R & R Ditching /s/ Rusty Patterson PRINTED NAME: Rusty Patterson TITLE: Owner COMPLETE ADDRESS: R & R Ditching 4818 Kent Street Lubbock, Texas 79415 145 Regular City Council Meeting February 25, 1999 Page 146 This bid is for the demolition of four houses located on 82nd Street and involves completely demolishing and removing all buildings, concrete, and foundations on the property, filling in all low spots, removing water well and septic systems, and removing any other trash and debris. In 1997, the City of Lubbock began acquiring right-of-way for the widening of 82nd Street from I-27 westward to Avenue U. At the present time, 82nd Street is only a two-lane strip paved roadway but will become a six -lane thoroughfare with a continuous left-hand turn lane. Rather than being located on the center of the existing strip paved roadway, the right-of-way line has been moved northward approximately 40 feet to miss a large gas line in the south edge of the existing street. Moving the roadway northward necessitated the acquisition of six residential houses. Four of these houses are on concrete slabs and would be quite expensive to move. Community Development inspected these houses to possibly use in their housing program but discovered that they were cost prohibitive to move and rehabilitate. The 82nd Street Avenue Widening Project budget amount is $45,000. The low bid is $40,100 from R & R Ditching of Lubbock, Texas. (41.) Bid #99009--Recycle Trailer, Trencher and Material Screen (Fleet Services) This bid is for the purchase of equipment within the City of Lubbock fleet and used by various departments. The Capital Equipment budget amount for this equipment is $76,000. The low bids are from the following companies: Dempster Industries Inc. of Beatrice, NE $32,115.00 Ditch Witch Southwest of Lubbock, TX 26,541.14 CT Supply Company, Inc. of Lubbock, TX 14,587.80 $73,243.94 (42.) Bid #99023--Refuse Collection Containers (Solid Waste) This purchase is for refuse roll -off collection containers and is made through the Houston -Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program through provisions of the Interlocal Cooperation Act and City of Lubbock Resolution No. 4864 dated June 8, 1995. Eight 30 cubic yard roll -off containers will be placed at the recycling drop-off centers to collect yard trimmings, corrugated cardboard, old appliances and large items such as furniture. The Solid Waste Facilities and System Improvements budget amount is $27,900. The low bid is $25,540.98 from Houston -Galveston Area Council of Governments. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA ORDINANCES FOR PASSAGE (43.) Ordinance No. 10142 - Merging the Committee for Women and the Human Relations Commission and there crating the Community Relations Commission (second and final reading). 146 Regular City Council Meeting February 25, 1999 Page 147 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. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10142 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. PUBLIC HEARINGS (44.) Ordinance No. 10145/Zone Case No. 1784-C (south of 5th Street between Vicksburg and Toledo): Hold a public hearing to consider request of David R. Miller (for McDougal Construction) for zoning change from R-1 to R-1 Specific Use (for a reduced front setback) on Lots 29 through 41, Renaissance Park Addition. ORDINANCE NO. 10145 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-C; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON LOTS 29 THROUGH 41, RENAISSANCE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:27 a. in. David Miller appeared on behalf of McDougal Construction. No one appeared in opposition. Mayor Sitton closed the hearing at 11:29 a. in. To continue the style of development in Renaissance Park, the developer is requesting a Specific Use Permit to allow a 20 foot front setback. The homes will have access to garages from the alley. Adjacent land uses: North - residential South - residential East - residential West - residential The project is consistent with the Comprehensive Land Use Plan and with zoning policy. The proposal should have no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Front setback shall be a minimum of twenty feet. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. 147 Regular City Council Meeting February 25, 1999 Page 148 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10145 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal and Councilmember Nelson recused themselves. TRANSPORTATION SERVICES (45.) Resolution No. 6195 authorizing the Mayor to execute a resolution representing the City of Lubbock urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. This item was considered following Item No. 12. RESOLUTION NO. 6195 WHEREAS, road and bridge maintenance and expansion is a core function of government; and WHEREAS, mobility is fundamental to Texas economic vitality and quality of life; and WHEREAS, maintaining mobility requires a continuing investment of state resources to maintain and expand the surface transportation infrastructure to meet identified needs; and WHEREAS, current level appropriations to the Texas Department of Transportation (TxDOT) are adequate to address only one-third of the identified Texas transportation needs; and WHEREAS, Texas should increase its annual investment in surface transportation infrastructure to a level that will enable TxDOT to address at least one- half of the state's identified transportation needs; and WHEREAS, increased appropriations to TxDOT are necessary to continue state - funded road and bridge maintenance and construction programs and simultaneously leverage the maximum amount of federal funding for which Texas is eligible from the Transportation Equity Act for the 21s' Century; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the 76th Texas Legislature be and hereby is urged to increase annual appropriations to TxDOT by (a) funding the Department of Public Safety from a source other than State Highway Fund 006 so that Fund 006 resources will be available to maintain and expand road and bridge infrastructure, and (b) moving the point of collection of state motor fuel taxes from the retail to the wholesale level in the distribution process. 2. That a copy of this resolution be transmitted to the offices of the Governor, Lieutenant Governor, Speaker of the House of Representatives, the Chairman of the Texas Transportation Commission, and the chairs of the following legislative committees: Senate Committee on Finance, Senate Committee on State Affairs, House Committee on Appropriations, House Committee on Transportation, House Committee on Ways and Means, and House Select Committee on Revenue and Public Education Funding. Regular City Council Meeting February 25, 1999 Page 149 Passed by City Council this 25th 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice The U. S. Congress recognized the need for increased investment in the nations surface transportation infrastructure when it enacted the Transportation Equity Act for the 215` Century (TEA-21) in 1998. The Texas Department of Transportation (TxDOT) foresees a shortfall in matching funds allowing Texas to leverage the increased federal funding. Transportation funds are currently being distributed to the Department of Public Safety, reducing the State's ability to leverage federal funds. Another untapped funding source is the point of tax collection of state motor fuels from retail to the wholesale level in the distribution process. This resolution urges the Legislature to increase annual appropriations to the TxDOT in two ways: ■ By fully funding the Department of Public Safety from a source other than State Highway Fund 006, and ■ By collecting the state motor fuel tax at the terminal rack. On October 2, 1998, the Lubbock Metropolitan Planning Organization approved a similar resolution. State Transportation Commissioner Robert Nichols recently requested that the City and County approve resolutions supporting increased funding for TxDOT by collecting fuel taxes at the terminal rack and by funding the Department of Public Safety by a source other than State Highway Funds. As of February 4, 1999, 69 organizations have endorsed resolutions such as this. A list of these organizations was included in Council backup. Staff recommended approval of the City Council authorizing the Mayor to execute this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6195 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince recused himself; Councilmember Hernandez had stepped away from the dais. The next items considered were the Consent Agenda items. 149 Regular City Council Meeting February 25, 1999 Page 150 ELECTRIC UTILITIES (46.) Resolution No. 6218 authorizing the Mayor to execute a pole use agreement between the City of Lubbock and Tech Telephone Company, Ltd. RESOLUTION NO. 6218 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 Pole Useage Agreement by and between the City of Lubbock and Tech Telephone Company, LTD. 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 25th day of February, 1999. /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/ ddv Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6218. This agreement between the City of Lubbock and Tech Telephone Company, Ltd., a franchised telecommunication service provider, will allow Tech Telephone to rent space on existing LP&L electric poles for the installation of aerial telephone cables. The initial installation will involve approximately 50 LP&L poles and will allow installation of telephone cables from the Tech Telephone corporate office near Utica and South Loop 289 to an existing Southwestern Bell Telephone central office equipment building at 34th and Quaker Avenue. The pole rental rate under this agreement is $4.55 per pole per year with provisions to escalate the rate in future years. This pole rental rate is comparable to the rate currently being charged by LP&L to other telecommunication and cable TV companies operating in the City of Lubbock. LP&L currently has pole rental agreements with a number of telecommunication and cable TV providers. These agreements have no particular negative impact on the operation of the LP&L system and do provide a revenue stream that helps to offset some of the day-to-day maintenance and operating costs associated with the electric distribution system. 150 Regular City Council Meeting February 25, 1999 Page 151 Staff recommended approval of this agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 6218 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal recused himself. MISCELLANEOUS (47.) Resolution No. 6219 giving Notice of Intent to enter into a tax abatement agreement with Diamond Plastics Corporation of Lubbock, Texas. RESOLUTION NO. 6219 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Diamond Plastics Corporation; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Diamond Plastics Corporation, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 2323 Marshall Street in the City of Lubbock, Lubbock County, Texas and further described as Gifford Hill Lot 2-F. Passed by City Council this 25th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker Business Liaison Officer APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney Exhibit A and a copy of the Agreement are filed with Resolution No. 6219. Staff has received a request from Diamond Plastics Corporation for industrial tax abatement in the North Enterprise Zone. Diamond Plastics intends to expand and modernize the existing plant located at 2323 Marshall Street. 151 Regular City Council Meeting February 25, 1999 Page 152 Diamond Plastics plans to invest a total of $2.2 million in the expansion. The breakdown will be $80,000 for the expansion of the existing facility, the remaining $2.15 million for machinery and equipment. At their February Board of Director's meeting, Market Lubbock, Inc. recommended a five-year, fifty percent abatement on a declining schedule. The total amount for the City of Lubbock is $19,436 over the term of the contract. Year 1 50% $ 6,479 Year 2 40 % 5,183 Year 3 30 % 3,887 Year 4 20% 2,591 Year 5 10 % 1.296 $19,436 The total for the County for this project over the life of the contract would be approximately $9,557. Diamond Plastics Corporation currently employs 69 persons at their present location and plans to increase employment by five persons with the new expansion. The payroll generated by the new jobs is approximately $200,000 (including benefits and overtime) annually. The project will add $2.2 million in new value to the tax base in the North Enterprise Zone and will result in the creation of five new jobs. Under the current guidelines, Diamond Plastics Corporation is eligible and meets all the criteria for tax abatement. Staff recommended approval of the tax abatement in accordance with the recommendation of Market Lubbock, Inc. for a period of five years with a declining schedule beginning with 50% and declining by 10% each year. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6219 with the following amendment to Section 9: "Under job creation, that the company agrees to create and retain five new permanent, full-time jobs within the company plant located at 2323 Marshall Street, which is further described as Gifford -Hill Lot 2F of the City of Lubbock, Lubbock County, Texas". Anita Burgess, City Attorney, added: "...and further that the succeeding sections be renumbered sequentially." Motion carried: 7 Yeas, 0 Nays. FINANCIAL SERVICES (48.) Resolution No. 6220 authorizing the Mayor to approve enabling documents to create the Lubbock Educational Facilities Authority, Inc., to provide them the ability to issue tax-exempt financing to fund higher education facilities. RESOLUTION NO. 6220 A RESOLUTION APPROVING THE CREATION OF LUBBOCK EDUCATIONAL FACILITIES AUTHORITY, INC.; APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS THEREOF; APPOINTING DIRECTORS TO THE CORPORATION; APPROVING THE ISSUANCE OF BONDS BY SUCH CORPORATION TO ASSIST LUBBOCK CHRISTIAN UNIVERSITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 152 Regular City Council Meeting February 25, 1999 Page 153 WHEREAS, Section 53.35(b) of the Texas Education Code, as amended, authorizes the creation and organization of nonprofit educational facility corporations to act as duly constituted authorities and instrumentalities of cities for the purpose of aiding institutions of higher education, secondary schools, and primary schools in providing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith; and WHEREAS, the Higher Education Authority Act, Chapter 53, Texas Education Code (the "Act"), authorizes such nonprofit educational facilities corporations to issue revenue bonds and notes and to utilize the proceeds from the sale of such obligations to pay all or a part of the cost of one or more projects pursuant to the provision of the Act; and WHEREAS, in order to promote and carry out the public purposes set forth in the Act, the City Council (the "Governing Body") of the City of Lubbock, Texas (the "City"), has determined to approve the creation of a nonprofit corporation under the Act to be designated and known as Lubbock Educational Facilities Authority, Inc. (the "Corporation"); to approve the proposed Articles of Incorporation and Bylaws of the Corporation; to appoint the directors of the Corporation; to approve the issuance of bonds by the Corporation to assist Lubbock Christian University (the "University"); and to take certain related actions set forth more fully hereinafter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Governing Body of the City of Lubbock hereby finds, determines, recites and declares that it is in the public interest and to the benefit of the City's residents and the citizens of the State of Texas that the Corporation be created to promote and develop new, expanded or improved educational facilities and housing facilities; that the creation and organization of the Corporation under the Act as a duly constituted authority and instrumentality of the City is hereby approved and that the Corporation is hereby authorized to act on behalf of the City for the limited and public purposes of acquiring, leasing, constructing, enlarging, extending, repairing, renovating, operating, maintaining, furnishing, equipping, financing, refinancing, or otherwise improving educational facilities and housing facilities and facilities incidental, subordinate, or related thereto or appropriate in connection therewith. SECTION 2. The Governing Body of the City hereby approves the Articles of Incorporation of the Corporation in substantially the form attached hereto as Exhibit "A", and authorizes the incorporators of the Corporation to file such Articles of Incorporation with the Secretary of State of the State of Texas in the manner provided in the Act; and the Governing Body of the City hereby approves the initial Bylaws of the Corporation in substantially the form attached hereto as Exhibit "B", and authorizes and directs the Board of Directors to adopt and utilize such Bylaws. SECTION 3. The Governing Body of the City hereby finds, determines, recites and declares that the creation and organization of the Corporation will serve a valid public purpose of aiding institutions of higher education, secondary schools, and primary schools in providing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith, in accordance with and subject to the provisions of the Act. 153 Regular City Council Meeting February 25, 1999 Page 154 SECTION 4. The Governing Body of the City shall appoint an initial seven member board of directors to serve one or two year terms, as selected by the drawing of lots. The term of four of these appointees will expire on the first day of January, 2001, and thereafter the terms of appointees to these positions will expire on the first day of January of every uneven numbered year. The term of the first appointees to the remaining three positions will expire on the first day of January, 2000, and thereafter the terms of appointees to these positions will expire on the first day of January of every even numbered year. Each director will hold office for the duration of the term for which he or she is appointed and until his or her successor is appointed. The term of office for the first appointees to the uneven numbered positions will expire on the first day of January, 2001, and thereafter the terms of appointees to such uneven numbered positions will expire on the first day of January of every uneven numbered year. The term of the first appointees to the even numbered positions on the Board will expire on the first day of January, 2000, and thereafter the terms of appointees to the even numbered positions will expire on the first day of January of every even numbered year. Each director will hold office for the duration of the term for which he or she is appointed and until his or her successor is appointed. SECTION 5. The Governing Body of the City hereby approves the issuance of revenue bonds by the Corporation in an amount not to exceed $12,000,000 to (1) obtain funds for Lubbock Christian University to finance or refinance the cost of constructing, renovating, acquiring, and equipping educational facilities, housing facilities, and facilities incidental, subordinate, or related thereto or appropriate in connection therewith, including: renovation of three existing residence halls, construction of new student residence facilities, construction of a multi -use center to be known as Rip Griffin Center, and refinancing of existing debt used to acquire, construct and improve existing educational and housing facilities on the Lubbock Christian University campus, (2) set aside certain funds for the payment and security of the Bonds, and (3) pay certain expenses in connection with issuance of the bonds. SECTION 6. The Mayor and City Secretary are hereby authorized and directed to execute the Approval Certificate, a copy of which is attached hereto as Exhibit "C," upon review of the results of a public hearing conducted by the Corporation concerning the above -described project, and to deliver certified copies of this resolution and the Approval Certificate to the Corporation. SECTION 7. The Governing Body of the City hereby finds, determines, recites and declares that the obligations of the Corporation shall not be deemed an indebtedness, liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas, the City or any other political subdivision or governmental unit, nor shall such obligations constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, or an agreement, obligation or indebtedness of the City or the State of Texas within the meaning of any constitutional or statutory provision whatsoever. SECTION 8. The Governing Body of the City hereby finds, determines, recites and declares that it is the purpose, intent and desire of the City in approving the creation of the Corporation and its Articles of Incorporation and Bylaws, that such actions comply with the requirements of the Internal Revenue Code of 1986, as amended and the Treasury Regulations and Internal Revenue Service rulings promulgated thereunder, to the end that the Corporation shall be deemed to be a duly constituted authority acting on behalf of the City pursuant to the Act and that any bonds or note issued by the Corporation shall be considered issued on behalf of the City by a duly constituted authority of the City empowered to issue such bonds or notes. 154 Regular City Council Meeting February 25, 1999 Page 155 SECTION 9. The Governing Body of the City hereby finds, determines, recites and declares that, notwithstanding that the Corporation shall be a duly constituted authority of the City, it is not intended to be nor shall it ever be deemed to be a political subdivision or municipal or political corporation of the State of Texas within the meaning of any constitutional or statutory provisions, including without limitation, Article III, Section 52 and Article XI, Section 3 of the Texas Constitution. SECTION 10. By the adoption of this Resolution, the City assumes no responsibility for any costs or expenses incurred in connection with the issuance of any obligations by the Corporation to finance and/or operate its program. SECTION 11. The Governing Body of the City has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting and of the subject of this resolution was posted for at least seventy-two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public in the City Hall of the City of Lubbock, Texas; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Act, Chapter 552, Texas Government Code, as amended. The Governing Body of the City further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 12. Should any portion or part of this resolution be held for any reason to be invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect and to this end all provisions of this resolution are hereby declared to be severable. SECTION 13. To the extent of any inconsistency, this resolution shall supersede any prior ordinances, resolutions or actions of the Governing Body of the City, and the Governing Body hereby revokes any previous actions taken by it to request a non-profit corporation to act on its behalf under the Act. SECTION 14. This resolution shall be passed finally on the date of its introduction and shall take effect immediately upon its passage. Passed by City Council this 25th day of February, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra Forte Debra Forte, First Assistant City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney 155 Regular City Council Meeting February 25, 1999 Page 156 Copies of the Articles of Incorporation, Bylaws, and Approval Certificate are filed with Resolution No. 6220. Section 53.35(b) of the Texas Education Code authorizes the creation and organization of a non-profit educational facility corporation to act as a duly constituted authority for the purpose of aiding institutions of higher education in providing educational facilities. The Higher Education Authority Act, Chapter 53, Texas Education Code, authorizes such non- profit educational facilities corporations to issue revenue bonds and notes to _ utilize the proceeds to pay all or a part of the cost of one or more projects to provide educational facilities. Lubbock Christian University desires to do a project that would (1) renovate three existing residence halls, (2) construct a new facility, (3) do some refinancing of old debt outstanding at 8.5 %, and (4) construct a Rip Griffin Center. This project has an expected cost of approximately $11,145,000. LCU would like to issue tax-exempt financing to construct this project. They may do so if the City of Lubbock creates the Lubbock Educational Facilities Authority, Inc. The City of Lubbock would not be liable in any way for any debt issued by the Lubbock Educational Facilities Authority, Inc. Neither the creation of, nor activities of, the Lubbock Educational Facilities Authority, Inc. will affect the City of Lubbock's bond rating. The City of Lubbock has authorized the creation of similar authorities for the purpose of issuing tax-exempt debt financing. Some examples are the Lubbock Housing Finance Corporation and the Lubbock Health Facilities Development Board. This item is routine. The enabling documents were prepared by Fulbright & Jaworski, our bond counsel, and reviewed by the City Attorney. City Council is being asked to create the authority by passage of this resolution and to appoint the seven -member board. Betsy Bucy, Director of Finance, presented staff comments. This is considered a routine matter and staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 6220 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (49.) Consider seven board appointments for the Lubbock Educational Facilities Authority, Inc. In conjunction with the creation of the Lubbock Educational Facilities Authority, Inc., City Council needs to appoint seven members to serve on the Board. Staff recommended appointments at this meeting to meet requested timeline. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint R. C. Douglas, Neriman Guiven, Joe H. Mayes, Walker Metcalf, Jim Morris, Louis Murfee, Jr., and Michael Ward to the Lubbock Educational Facilties Authority, Inc. Motion carried 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. 11:37 A. M. COUNCIL RECESSED 2:57 P. M. COUNCIL RECONVENED 156 Regular City Council Meeting February 25, 1999 Page 157 2:57 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor Sitton adjourned the meeting, being the only council member present at adjournment. WINDY SITT , AYOR ATTEST: ��' " 4'��U�( Kaythie arneli, City Secretary Read and approved this 41t day of , 1999. WINDY SIT N, A AT ,EST: Kayth' arnell, City Secretary 157