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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/8/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 8, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of April, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember T. J. Patterson 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; City Secretary); pending or contemplated litigation (Environmental Inspection Services; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Civic Services; Water Utilities). 7:32 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; City Secretary). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Environmental Inspection Services; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Neighborhood Redevelopment Commission Public Transit Advisory Board Zoning Board of Adjustment (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 (Civic Services; Water Utilities). 9:43 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Regular City Council Meeting April 8, 1999 Page 220 (5.) Update of Housing, Community Development Department history and special housing issues by Doug Goodman, Director of Health and Community Services. It has taken the Community Development Department several years to evolve into the department it is today. This presentation provided a little bit of history as to where the CD Department came from, what it is today and where it is going in the future. Additionally, the presentation highlighted the housing programs implemented by the CD Department. There are a few issues and changes that are being considered to the housing programs. The proposed changes are as follows: 1) Residential Rehab Loan Program (a) Change percentage of payback on the Below Market Rate/No Interest Deferred Payment Loan Sliding Scale. (b) Change Loan to Value Ratio of the Below Market Rate/No Interest Deferred Payment Loan. (c) Increase the Maximum Loan Amount of the Below Market Rate/No Interest Deferred Payment Loan Program. 2) Roof Loan Program (a) Change the Roofing Loan from a 100 % payback loan to a loan program based on a sliding scale payback. Nancy Haney, Community Development Manager; Nancy Neill, Neighborhood Services Specialist; Elena Quintanilla, Administrative Assistant; and Todd Steelman, CD Contract Management Coordinator, gave presentations. 10:33 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Don Vandiver, First Assistant City Attorney; and Kaythie Darnell, City Secretary Absent: Anita Burgess, City Attorney Mayor Sitton called the meeting to order at 10:33 A. M. (6.) Senior Pastor Bill Couch of the Lakeridge United Methodist Church gave the invocation. (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITON Keep Lubbock Beautiful Advisory Committee Receiving: Sally Fischer Alicia Knight 220 Regular City Council Meeting April 8, 1999 Page 221 CITIZEN APPEARANCES (8.) Presentation of a special recognition to Altrusa International, Inc. of Lubbock recognizing their 54th Anniversary of celebrating the Women of the Year. Altrusa International, Inc. is a volunteer, service organization whose mission is to improve communities. Their motto is "Patriotism, Efficiency, Service", and this year they will celebrate their 54th Anniversary of the Women of the Year. In recognition of this volunteer organization's work in the community, this special recognition was presented to representatives of Altrusa. This special recognition recognized the contribution of Altrusa International in the Lubbock community. Doris Skief, President of the Lubbock Altrusa Evening Club, accepted the recognition and gave a short acceptance speech. ( 9.) Presentation of a special recognition to the Texas Tech Bateman Team declaring April 14, 1999 as "Lubbock Kick Butts Day" as part of a stop smoking initiative. The Texas Tech Bateman Team with the School of Mass Communications is sponsoring an anti -smoking campaign that focuses on elementary school students. They are currently working with Lubbock Independent School District and 10-12 elementary schools. The Bateman Team is composed of five Texas Tech Public Relations Majors that are selected by the School of Mass Communications faculty. This program is part of a national competition between various universities throughout the United States. Each school is assigned the same topic, and this is the first year that they are supposed to implement the public relations plan that they developed. Because of the importance of informing elementary school children about the dangers of smoking it is recommended that the City support this project. Nathan Bryant accepted on behalf of the Bateman Team. Mayor Sitton recognized the members of the Delta Sigma Theta Sorority who were present at the Council meeting and thanked them for attending. (10.) Presentation of Texas Safety Association (TSA) Awards to 16 City employees and three departments. The Texas Safety Association recognized thirteen City of Lubbock employees as safe drivers for a period of ten years or more. Three employees were recognized as being safe workers for a period of ten years or more. Three City departments were recognized as having a significant reduction in lost workdays due to on-the-job injuries. City Supervisors and the Human Resources/Risk Management Department nominated employees for these awards and the Risk Management Coordinator nominated the three departments for their awards. 221 Regular City Council Meeting April 8, 1999 Page 222 The names of the employees and departments receiving the awards, and the requirements to qualify for the award were included in Council backup. The City Of Lubbock places a high emphasis on employee and work place safety. Staff feels that the recognition of individuals and departments that strive to do their jobs in a safe manner and maintain a safe work environment is an inspiration and example to other employees. Staff appreciates their dedication to safety and wanted to recognize them for their achievements. CONSENT AGENDA (Items No. 11 - 36) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of April 8, 1999. (12.) Ordinance No. 10146/Zone Case No. 2774-A (1018 Slide Road): Request of Tony Barnett (for U Haul) to amend the current zoning to allow "trailer and truck rental utility" as a permitted use on Lot 512, Alford Terrace Addition (second and final reading). ORDINANCE NO. 10146 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2774-A; A ZONING CHANGE FROM C-4 TO C-4 ZONING ALLOWING TRAILER AND TRUCK RENTAL UTILITY ON LOT 512, — ALFORD TERRACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 10147/Zone Case No. 2191-C (south of 11th Place and east of Milwaukee): Request of Betenbough Quality Homes for zoning change from R-1 and R-2 to A-2 on a tract of land (at 11th Place and Milwaukee Avenue), R-1 to C-3 on a tract of land (at 19th Street and Milwaukee Avenue), R-2 to R-1 Specific Use (with reduced front setback of 20 feet) on Lots 663-665 and 672-674, Revier Farms Addition and R-1 Specific Use (for garden homes) on Lots 675-692, all within a portion of land out of Section 9, Block JS (second and final reading). ORDINANCE NO. 10147 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-C; A ZONING CHANGE FROM R-1 and R-2 TO A-2 ON A TRACT OF LAND (AT 11TH PLACE AND MILWAUKEE AVENUE), R-1 TO C-3 ON A TRACT OF LAND (AT 19TH STREET AND MILWAUKEE AVENUE), R-2 TO R-1 SPECIFIC USE (WITH REDUCED FRONT SETBACK) ON LOTS 663-665 AND 672-674, REVIER FARMS ADDITION AND R-2 TO R-1 SPECIFIC USE (FOR GARDEN HOMES) ON LOTS 675-692, REVIER FARMS ADDITION, ALL WITHIN A PORTION OF LAND OUT OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 222 Regular City Council Meeting April 8, 1999 Page 223 (14.) Ordinance No. 10148/Zone Case No. 2838 (606 36th Street): Request of Lina Reyes -Trevino (for Salvador Revilla) for zoning change from R-2 to IHI for a cabinet or carpentry shop and all unconditionally permitted IHC uses on Tract A, Block 2, Harwell Heights Addition (second and final reading). ORDINANCE NO. 10148 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2838; A ZONING CHANGE FROM R-2 TO IHI ZONING ON TRACT A, BLOCK 2, HARWELL HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10149/Zone Case No. 1917-C (north of 4th Street and east of Frankford Avenue): Request of Hugo Reed and Associates (for Omni America Development Corporation) for zoning change from C-3 to C-3 Specific Use for a 160-foot communications tower on a portion of land out of Section 1, Block J-S (second and final reading). ORDINANCE NO. 10149 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1917-C; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING (FOR A 160-FT. COMMUNICATIONS TOWER) ON SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10150/Zone Case No. 2839 (southwest corner of Parkway Drive and Idalou Highway): Request of Hugo Reed and Associates (for Omni America Development Corporation) for zoning change from C-4 to C-4 Specific Use for a 180-foot communications tower on a portion of land out of Section 3, Block A (second and final reading). ORDINANCE NO. 10150 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2839; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FT. COMMUNICATIONS TOWER ON A PORTION OF LAND OUT OF SECTION 3, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10151 - Amending Chapter 21 and Chapter 25 of the Code of Ordinances reflecting the development and/or acceptance of playa lake areas within the City of Lubbock as stormwater detention basins or parks (second and final reading). 223 Regular City Council Meeting April 8, 1999 Page 224 ORDINANCE NO. 10151 AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA LAKE AREAS WITHIN THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance amends Chapters 21 and 25 to reflect those changes necessary to implement the Policy for Playa Lake Development. The ordinance establishes three options for the developers including: a. The lake area may be dedicated as a storm water drainage and impoundment easement, subject to approval by the Planning and Zoning Commission, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. b. The lake area may be dedicated as public property for a storm water detention basin, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission and the City Engineer, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. C. The lake area and additional adjacent property may be dedicated as a city park, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission, Parks and Recreation Board, and the Civic Services Division in cooperation with the City Engineer. The lake area shall meet the requirements set forth by the Drainage Criteria Manual, the Policy for Playa Lake Development. The ordinance further defines some of the terms used in the Policy for Playa Lake Development and the procedures that must be followed and met for the development and/or acceptance of playa lakes within the City of Lubbock. Staff recommended the approval of the second reading of this ordinance. (18.) Ordinance No. 10154 abandoning and closing a 15-foot alley in Block 4 of the C. C. Leftwich Subdivision and a portion of Norfolk Avenue and 15th Street adjacent to Block 4 of the C. C. Leftwich Subdivision to the City of Lubbock (4101 15th Street) (first reading). ORDINANCE NO. 10154 AN ORDINANCE ABANDONING AND CLOSING A 15-FOOT ALLEY IN BLOCK 4 OF THE C. C. LEFTWICH SUBDIVISION THE CITY OF LUBBOCK AND A PORTION OF NORFOLK AVENUE AND 15TH STREET ADJACENT TO BLOCK 4 OF THE C. C. LEFTWICH SUBDIVISION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION 224 Regular City Council Meeting April 8, 1999 Page 225 The Carillon Retirement Complex at 16th and Norfolk Avenue is in the process of expanding and building a new addition. In order for them to do this, they need to close the alley west of Norfolk Avenue between 15th Street and 16th Street and close a portion of 15th Street and Norfolk Avenue. This will be done through a replat of these areas being closed and a portion of the C. C. Leftwich Subdivision. The areas being closed and the amount due the City are as follows: Alley - 9,000 square feet x $0.70 per square foot (taken from Appraisal District value and land sales comparables) = $6,300 and a portion of 15th Street and Norfolk Avenue - 42,519.59 square feet at $0.70 per square foot = $29,763.71. They will be dedicating 15,165 square feet back as an easement area so a credit will be given them of $5,370.75 (15,165 square feet x $0.70 per square foot = $10,615.50 x 50% easement valuation = $5,307.75) for an amount due the City of $29,763.71 - $5,370.75 = $24,392.96 + $6,300 = $30,692.96. All utility companies have been contacted and are in agreement with these closures. The Right -of -Way Department recommended approval of the first reading of this ordinance. (19.) Ordinance No. 10155 abandoning and closing portions of a 20-foot wide alley located in Section 2, Block E, Lubbock County, Texas (101 Slaton Highway) (first reading). ORDINANCE NO. 10155 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Texas Department of Transportation (TxDOT), which is located at the southeast corner of I-27 and Slaton Highway, is in the process of re -platting their property. Along the western edge of this property is the remnant of Willona Village Addition that has a 20-foot north -south alley running along the east side of it. This alley contains 15,289.56 square feet and is being closed to finalize this plat. Since TxDOT was not the original dedicator, they must pay for this alley area being closed and they are not dedicating any right-of-way in return. After reviewing this property, tax office records, and adjacent land sales, the Right -of -Way Department placed a value of $0.50 per square foot on this alley area being closed for a total due the City of $0.50 x 15,289.56 = $7,644.78. The Right -of -Way Department recommended the first reading of this ordinance. (20.) Resolution No. 6244 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Westchester Park Addition, Lots 261-310. 225 Regular City Council Meeting April 8, 1999 Page 226 RESOLUTION NO. 6244 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES, AND ALLEYS, AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 261-310, Westchester Park Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues, and alleys: 5th Street from the West lip line of Justice Avenue to the East lip line of Kline Avenue, known and designated as New Subdivision Sub -Unit Number 75 of Unit Number 2038. Justice Avenue from the South edge of pavement of 4th Street to the North end of radius of stub at 5th Street, known and designated as New Subdivision Sub - Unit Number 76 of Unit Number 2038. Kewanee Avenue from the North lip line of 5th Street to the South Right -of - Way line of 4th Street, known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2038. Kirby Avenue from the North lip line of 5th Street to the South Right -of -Way line of 4th Street, known and designated as New Subdivision Sub -Unit Number 78 of Unit Number 2038. East half of Kline Avenue from the South edge of pavement of 4th Street to the alley South of 5th Street, known and designated as New Subdivision Sub -Unit Number 79 of unit Number 2038. Alley paving in alley South of and adjacent to 4th Street from the alley West of Justice Avenue to the alley East of Kline Avenue, known and designated as Sub - Unit Number 79 of Unit Number A-461. WHEREAS, the construction of the above improvements on the above - mentioned streets, avenues and alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets, avenues and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 226 Regular City Council Meeting April 8, 1999 Page 227 Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving, alley paving, and curb and gutter on: 5th Street from Justice Avenue to Kline Avenue, Justice Avenue from 4th Street to 5th Street, Kewanee Avenue from 5th Street to 4th Street, Kirby Avenue from 5th Street to 4th Street, East half of Kline Avenue from 4th Street to 5th Street, and Alley paving in the alley south of and adjacent to 4th Street from the alley west of Justice Avenue to the alley east of Kline Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (21.) Resolution No. 6245 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Southhaven Addition, Lots 52-98. RESOLUTION NO. 6245 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES, AND ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 52-98, Southhaven Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets, avenues, and alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues, and alleys: 227 Regular City Council Meeting April 8, 1999 Page 228 100th Street from the East lip line of Vicksburg Avenue to the alley East of Utica Drive, known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2038. 101st Street from the East lip line of Vicksburg Avenue to the West lip line of Utica Drive, known and designated as New Subdivision Sub -Unit Number 65 of Unit Number 2038. 101st Street from the East lip line of Utica Drive to the cul-de-sac 200 feet East of Utica Drive, known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2038. Utica Avenue from the alley North of 100th Street to the North lip line of 100th Street, known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2038. Utica Drive from the South lip line of 100th Street to the alley South of 101st Street, known and designated as New Subdivision Sub -Unit Number 68 of Unit Number 2038. East half of Vicksburg Avenue from the alley North of 100th Street to the alley South of 101st Street, known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2038. Alley South of 100th Street from Utica Drive to alley "T" East of Utica Drive, known and designated as Sub -Unit Number 75 of Unit Number A-461. Alley South of 101st Street from Vicksburg Avenue to Utica Drive, known and designated as Sub -Unit Number 76 of Unit Number A-461. Alley South of 100th Street from Vicksburg Avenue to Utica Drive, known and designated as Sub -Unit Number 77 of Unit Number A-461. Alley South of 101st Street from Utica Drive to alley "T" East of Utica Drive, known and designated as Sub -Unit Number 78 of Unit Number A-461. WHEREAS, the construction of the above improvements on the above - mentioned streets, avenues and alleys was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets, avenues, and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. ►►:. Regular City Council Meeting April 8, 1999 Page 229 Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving, alley paving, and curb and gutter on: 100th Street from Vicksburg Avenue to the alley east of Utica Drive, 101st Street from Vicksburg Avenue to Utica Drive, 101st Street from Utica Drive to the cul-de-sac east of Utica Drive, Utica Avenue from the alley north of 100th Street to 100th Street, Utica Drive from 100th Street to the alley south of 101st Street, East half of Vicksburg Avenue from the alley north of 100th Street to the alley south of 101st Street, Alley south of 100th Street from Utica Drive to the alley "T" east of Utica Drive, Alley south of 101st Street from Vicksburg Avenue to Utica Drive, Alley south of 100th Street from Vicksburg Avenue to Utica Drive, and Alley south of 101st Street from Utica Drive to the alley "T" east of Utica Drive. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (22.) Resolution No. 6246 accepting paving improvements constructed by Zahn Paving, Inc. in Revier Farm Addition, Lots 516-519. 229 Regular City Council Meeting April 8, 1999 Page 230 RESOLUTION NO. 6246 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 516-519, Revier Farm Addition, made arrangements with Zahn Paving, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: East half of Milwaukee Avenue from 9 feet North of the North property line of the alley North of 15th Street to the South end of radius of the Southeast corner of 15th Street at Milwaukee Avenue, (curb and gutter only) known and designated as New Subdivision Sub -Unit Number 18 of Unit Number 2038. 15th Street from the East lip line of Milwaukee Avenue to 225 feet East of the East Right -of -Way line of Milwaukee Avenue; including drainage structure at the Southeast corner of 15th Street at Milwaukee Avenue, known and designated as New Subdivision Sub -Unit Numbers 19 and 20 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 230 Regular City Council Meeting April 8, 1999 Page 231 This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: East half of Milwaukee Avenue from the alley north of 15th Street to 15th Street (curb and gutter only), and 15th Street from Milwaukee Avenue to 225 feet east, There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (23.) Resolution No. 6247 accepting paving improvements constructed by Zahn Paving, Inc. in Revier Farm Addition, Lots 520-592. RESOLUTION NO. 6247 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 520-592, Revier Farm Addition, made arrangements with Zahn Paving, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 15th Street from 65 feet East of the East Right -of -Way line of Kirby Avenue to 164.27 feet West of the West Right -of -Way line of Liberty Avenue, known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2038. 14th Street from 34.8 feet West of the West property line of Lot 471 to the East Back of Curb of Liberty Avenue, known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2038. 14th Street from the West lip line of Liberty Avenue to the end of cul-de-sac West of Liberty Avenue, known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2038. Liberty Avenue from the North lip line of 15th Street to 7 feet North of the North property line of the alley North of 14th Street, known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2038. Kirby Avenue from the North lip line of 15th Street to the South lip line of 14th Street, known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2038. Kirby Avenue from the North lip line of 14th Street to 7 feet North of the alley North of 14th Street, known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2038. East half of Milwaukee Avenue from 9 feet North of the North property line of the alley North of 15th Street to 9 feet North of the North property line of the alley North of 14th Street, (curb and gutter only) known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2038. 231 Regular City Council Meeting April 8, 1999 Page 232 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 15th Street from 65 feet east of Kirby Avenue to 164.27 feet west of Liberty Avenue, 14th Street from 34. 8 feet west of the west property line of lot 471 to Liberty Avenue, 14th Street from Liberty Avenue to the cul-de-sac west of Liberty Avenue, Liberty Avenue from 15th Street to the alley north of 14th Street, Kirby Avenue from 15th Street to 14th Street, Kirby Avenue from 14th Street to the alley north of 14th Street, and East half of Milwaukee Avenue from the alley north of 15th Street to the alley north of 14th Street (curb and gutter only). 232 Regular City Council Meeting April 8, 1999 Page 233 There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (24.) Resolution No. 6248 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Oak Terrace Addition, Lots 130-193. RESOLUTION NO. 6248 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 130-193, Oak Terrace Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 96th Street from the East end of radius of stub at Avenue "X" to the West lip line of Avenue "U", known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2038. West half of Avenue "U" from the alley North of 96th Street to the alley South of 96th Street, known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2038. Avenue "V" from the South lip line of 96th Street to the alley South of 96th Street, known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2038. Avenue "W" from the North lip line of 96th Street to the alley North of 96th Street, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2038. Avenue "W" from the South lip line of 96th Street to the alley South of 96th Street, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 233 Regular City Council Meeting April 8, 1999 Page 234 Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 96th Street from Avenue X to Avenue U, West half of Avenue U from the alley north of 96th Street to the alley south of 96th Street, Avenue V from 96th Street to the alley south of 96th Street, Avenue W from 96th Street to the alley north of 96th Street, and Avenue W from 96th Street to the alley south of 96th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (25.) Resolution No. 6249 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Howard County, Texas. RESOLUTION NO. 6249 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 County of Howard, 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. PAE,I Regular City Council Meeting April 8, 1999 Page 235 Passed by City Council this 8th day of April, 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. 6249. 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. Howard County, Texas brings the total of cities and counties to 20. There are over 14 other communities that will consider joining the coalition's efforts. These agreements will be presented to the City Council in a future Council meeting. By entering into this agreement with the City of Lubbock, Howard County 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 215` Century or TEA 21. Staff recommended Council enter into an interlocal agreement between the City of Lubbock and Howard County, Texas. (26.) Resolution No. 6250 for a contract for instructional swimming and aquatics safety by and between the City of Lubbock and the South Plains Regional Chapter of the American Red Cross. 235 Regular City Council Meeting April 8, 1999 Page 236 RESOLUTION NO. 6250 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 instructional courses that teach individuals swimming and aquatics safety, by and between the City of Lubbock and South Plains Regional Chapter of the American Red Cross, 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 8th day of April, 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 Agreement is filed with Resolution No. 6250. The City of Lubbock has four City operated swimming pools, which will operate from May 1999 - August 1999. The City of Lubbock and the South Plains Chapter of the American Red Cross have worked together to provide the Learn to Swim Program for the past five seasons. The Red Cross will conduct Learn to Swim programs at designated City pools for individuals who desire to enroll in such programs. The term of this agreement shall be for one year beginning June 1, 1999 and ending May 30, 2000. The Red Cross will register all participants in its Learn to Swim programs. The City agrees to maintain the swimming pools and aquatics facilities utilized by the Red Cross for the Learn to Swim Programs in order to safeguard the health, safety and welfare of the program participants. With this in mind, the City will assist the Red Cross in providing Lifeguards for the Learn to Swim Programs. Either party may terminate this agreement without cause upon thirty days' written notice to the other party. It is imperative that all patrons know how to swim and learn good water safety practices and procedures. The American Red Cross will supply equipment and water safety instructors for the Learn to Swim Program. The Learn to Swim Program schedule will be approved by the Assistant Athletics and Aquatics Supervisor prior to the program's implementation. 236 Regular City Council Meeting April 8, 1999 Page 237 Staff recommended the approval of this contract between The City of Lubbock and the South Plains Chapter of the American Red Cross. (27.) Resolution No. 6251 authorizing the Mayor to execute a contract to purchase environmental inspection application software from the Decade Software Company. RESOLUTION NO. 6251 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 software to be used for Environmental Inspections, by and between the City of Lubbock and Decade Software Company. 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 8th day of April, 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 Software License and Support Agreement is filed with Resolution No. 6251. Environmental Inspection is currently running an in-house written computer system. This was originally written in 1985 and has since been ported to the RS/6000. This program is not Y2K compliant and must be replaced this year. In 1998, the City released a High Technology Request for Proposal (RFP #98168) for Environmental Inspection application software. Nine proposals were received from the following companies: Decade Software Company, Eden Systems, Open Data Systems, M-Track Software, HTE, Inc., Sierra Computer Systems, Inc., Input Systems, Perconti Data Systems, Inc., and Kiva Computer Systems. 237 Regular City Council Meeting April 8, 1999 Page 238 The evaluation committee consisted of Rob Allison, Mark Keefer, Sally Abbe, Martha Ellerbrook, Hubert Stevens, Tommy Bartley, Janci Wilson, Leslie Cox, Mendell Schelin, Mark Yearwood and Gene Powers. They evaluated the proposals based upon the criteria identified in the RFP and outlined as follows: (1) 40% Functional Specification (2) 30 % Training and Support (3) 10 % Vendor Qualifications (4) 10 % Price (5) 10% Technical Specifications The evaluation resulted in the following scores: (1) (2) (3) (4) (5) Decade 93.0 92.5 90.0 87.5 90.0 Open Data 89.8 80.0 85.0 85.0 88.0 Eden Systems 91.6 92.5 83.0 65.0 90.0 M-Track 80.2 74.5 75.0 82.6 72.0 HTE, Inc. 78.0 82.3 83.0 82.6 58.0 Sierra Computer 91.3 75.0 75.0 85.0 86.0 Input Systems 76.3 77.5 67.0 66.6 67.0 Perconti Data 78.3 88.6 75.0 93.3 86.0 Kiva 88.5 85.0 90.0 93.0 90.0 Any company receiving less than 80% in any evaluation criteria was eliminated. The selected vendor was Decade Software Company at a first year cost of $113,925. This includes modifications to the software and interfaces to existing systems. On -going maintenance will be: Total Year 2 $25,425 Total Year 3 25,425 Total Year 4 30,425 Total Year 5 30,425 Maintenance costs in subsequent years will increase by no more than 5 % per year. Current funding is adequate to implement the system and provide all required hardware. Environmental Inspection would like to have its inspectors take this software into the field with laptop computers. The funding for the laptops will be requested during the normal budget cycle. Staff recommended approval of this contract with Decade Software Company. (27A.) Resolution No. 6252 authorizing the Mayor to execute a contract for a study by Orcom to determine the scope of the modifications, interfaces and conversion necessary to meet existing functional specifications and to provide a basis for a fixed price contract for a utility billing system. 238 Regular City Council Meeting April 8, 1999 Page 239 RESOLUTION NO. 6252 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 between the City of Lubbock and Orcom Solutions, Inc. of Bend, Oregon to complete the due diligence for the replacement of the City's Utility Billing Customer Information System. 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 8th day of April, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Professional Services Agreement is filed with Resolution No. 6252. The City of Lubbock issued an RFP for a Utility Billing System in August 1998. Since that time, staff has been evaluating the vendors' responses and is close to recommending a solution. However, the scope of the modifications, interfaces and conversion necessary to adapt to the City's business practices cannot be determined without further study. Staff is currently negotiating a system -wide contract with Orcom Solutions, Inc. At this time, Orcom proposes a "Due Diligence" phase which will further explain what changes will be required to arrive at a fixed price contract. Without this study, we may find ourselves a victim of "scope creep", which will in turn increase the price of the project. This study will cost $50,000. Staff recommended approval of this contract with Orcom Solutions, Inc. (28.) Resolution No. 6253 authorizing the Mayor to execute an interlocal cooperation agreement with the Texas Alcoholic Beverage Commission for sharing the benefits of an 800 MHz trunked radio system on frequency licensed to the City. RESOLUTION NO. 6253 WHEREAS the City operates an 800 MHz Trunked Radio System on a frequency licensed to the City by the F. C. C.; and, 239 Regular City Council Meeting April 8, 1999 Page 240 WHEREAS the Council has determined that the City will save costs through reduced personnel requirements by sharing its 800 MHz Trunked Radio System with the Texas Alcoholic Beverage Commission and that the costs savings will exceed the $1,270.00 infrastructure fee per radio of the Subscriber and the annual fee of $114.00 per radio of the Subscriber; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement with the Texas Alcoholic Beverage Commission for sharing the benefits of an 800 MHz Trunked Radio System on frequency licensed to the City of Lubbock. The Agreement is attached hereto and 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 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6253. By resolution on October 9, 1997, the Mayor was authorized to enter into an interlocal agreement with Texas Alcoholic Beverage Commission (TABC) authorizing TABC to utilize two radios it purchased for communication with the Lubbock Police Department (LPD) on radio frequencies licensed to the City. The radios were necessary for communications during jointly conducted law enforcement operations. The LPD and TABC have determined that the effectiveness of joint law enforcement operations between them would be facilitated by increasing the number of radios authorized for use under the interlocal agreement from two to eight. The TABC has purchased the additional radios for this purpose. The City Attorney's Office recommended that the resolution be passed. (29.) Resolution No. 6254 authorizing acceptance of water and sanitary sewer improvements for Lots 1-86, South Mesa Addition to the City of Lubbock, Lubbock County, Texas. 240 Regular City Council Meeting April 8, 1999 Page 241 RESOLUTION NO. 6254 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 - 86, SOUTH MESA ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 - 86, South Mesa Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $125,547.10 with the improvements constructed by Utility Contractors of America, having a value of $118,314.32 as determined by the unit prices established by said Chapter 28, and $7,233.78 cash paid to the City, which amount includes $4,806.57 cash for adjacent lines, with South Mesa Development, Inc., the developer, to receive a refund of $42,625.38 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $42,625.38 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice 241 Regular City Council Meeting April 8, 1999 Page 242 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $125,547.10 and has a value of $118,314.32 as determined by the unit prices established by Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $7,233.78 that includes $4,806.57 for adjacent mains. The developer, Betenbough and Company, will receive no refund in accordance with Chapter 28. There is no refund of deposit. The subdivision is located at 79th Place and Avenue P. Staff recommended acceptance of the improvements. (30.) Resolution No. 6255 approving the use of the proceeds of revenue bonds issued by the Lubbock Health Facilities Development Corporation to reimburse certain costs related to the Carillon facility. RESOLUTION NO. 6255 RESOLUTION NO. 6255 CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE LUBBOCK HEALTH FACILITIES DEVELOPMENT CORPORATION TO REIMBURSE CERTAIN COSTS AND TO FINANCE CERTAIN COSTS RELATING TO HEALTH FACILITIES WHEREAS, the Lubbock Health Facilities Development Corporation (the "Issuer") was created by the City of Lubbock, Texas ("City of Lubbock") pursuant to the provisions of the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"); WHEREAS, it has been proposed that the Issuer issue its limited obligation revenue bonds (the "Bonds") and loan the proceeds thereof to Carillon, Inc., a non- profit corporation duly organized and existing under the laws of the State of Texas (the "Corporation"), to (i) finance and refinance costs of acquiring, constructing, installing, repairing, renovating, equipping, and furnishing a lifecare retirement facility; (ii) provide for funded interest; (iii) fund a debt service reserve fund; and (iv) pay a portion of the costs of issuance of the Bonds (the "Project"); WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in the City of Lubbock following reasonable public notice with respect to the Bonds and the captioned project and has presented to the City Council of the City of Lubbock (the "Governing Body") a summary of the proceedings from the Hearing; WHEREAS, in order to satisfy the requirements of Section 147(f) of the Code, it is necessary for the Governing Body or the Mayor, as the chief executive office of the City of Lubbock, to approve the Bonds after the Hearing has been held; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT: 242 Regular City Council Meeting April 8, 1999 Page 243 Section 1. This Resolution is adopted for the purpose of satisfying the requirements of the Issuer's articles of incorporation and bylaws and the conditions and requirements of Section 147(f) of the Code, the regulations promulgated thereunder, and any other applicable requirements. Section 2. The Governing Body hereby receives and accepts of the summary of the proceedings from the Hearing. Section 3. The Bonds, which may be issued in one or more series, are hereby approved pursuant to Section 147(f) of the Code, the Issuer's articles of incorporation and bylaws and other applicable laws, such Bonds to be issued in the maximum aggregate face amount of $52,000,000, to provide funds to (i) finance and refinance costs of acquiring, constructing, installing, repairing, renovating, equipping, and furnishing a lifecare retirement facility; (ii) provide for funded interest; (iii) fund a debt service reserve fund; and (iv) pay a portion of the costs of issuance of the Bonds as described in the notice of hearing. Section 4. This approval is not construed as a financial undertaking by the City of Lubbock, and the Bonds shall never constitute an indebtedness or pledge of the City of Lubbock within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the City of Lubbock. The City of Lubbock shall have no responsibility to furnish any person any continuing disclosure information with respect to the Bonds. Section 5. The Mayor and City Secretary of the City of Lubbock and each councilmember of the City of Lubbock are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this resolution. Section 6. This Resolution shall take effect immediately from and after its adoption. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Director of Finance APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney The Lubbock Health Facilities Development Corporation proposes to issue first mortgage revenue bonds in an amount not to exceed $52,000,000 to finance capital improvements related to the Carillon, Inc. health facility. 243 Regular City Council Meeting April 8, 1999 Page 244 The bonds will be the obligation of Carillon, Inc. and will not be any obligation of the City of Lubbock. As this issuance of debt will benefit a local health care facility and will be the obligation of the health facility, staff recommended passage of this resolution. (31.) Consider the price and condition of sale of Parcel No. 15760-22-60 at 2511 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,150 square foot, single- family residence valued at $35,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 and 2500 Blocks of Hickory Avenue with homes for low-income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, twelve homes have been completed by volunteers. One home is currently under construction. The Community Development Department recommended approval. (32.) Resolution No. 6256/RFP #98262--Professional Engineering Design and Related Services for Water and Sewer Improvements at Lubbock International Airport (Aviation) RESOLUTION NO. 6256 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 professional engineering design and related services for water and sewer improvements at Lubbock International Airport, by and between the City of Lubbock and Parkhill Smith & Cooper, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 8th day of April, 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 r -.: Regular City Council Meeting April 8, 1999 Page 245 A copy of the Professional Services Agreement is filed with Resolution No. 6256. This contract is for engineering design and related services for water and sewer improvements for Lubbock International Airport at the future Interport site. The water and sewer improvements consist of a sewer line, a lift station and force main, and a new water line to loop the existing distribution to the City of Lubbock's systems. Once in place, this water and sewer project will enhance the potential for new clients and tenants for the Interport Trade Center. The Interport Trade Center is offering over 1,000 acres for business development that will include air, truck, and rail transportation systems. Enprotec, Inc. and Parkhill, Smith & Cooper, Inc., both of Lubbock, submitted proposals. Evaluation criteria used by the selection committee included: • Substantial successful experience in completing similar projects, • Demonstrated knowledge and understanding of the projects, • Substantial representations regarding the firm's qualifications and demonstrated design skill appropriate to this project and the technical capabilities and professional competence of the offeror and assigned personnel, • Substantial capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders, or overruns, and • Record of performance based on previous work with the City and/or their client references. Parkhill, Smith & Cooper, Inc. received the highest score of 450.75 compared to Enprotec, Inc.'s score of 425.5. All five members of the selection committee ranked Parkhill, Smith & Cooper, Inc. higher than Enprotec, Inc. The selection committee recommended to the Council on January 12, 1999 that Parkhill, Smith & Cooper be selected to perform the professional engineering, design and related services for this project. Negotiations are complete and the agreement is ready for Council consideration. The proposed agreement contains a lump sum fee of $90,500 through the construction phase. Construction is estimated at $913,000. Additional services that can be authorized per the agreement include the following: Design Survey $17,600 — Design Testing 7,500 Construction Survey 2,500 Construction Testing 7,500 Resident Project Rep. 41,125 TOTAL $76,225 The above costs are set out as "Not to Exceed." 245 Regular City Council Meeting April 8, 1999 Page 246 The budget amount for design services is $137,000 to be funded in part with a grant from the Economic Development Administration for 48 percent of the project costs. The Airport Facility and Systems Improvement fund balance will fund 52 percent of the project costs. Staff recommended that a contract be awarded to Parkhill, Smith & Cooper, Inc. of Lubbock, Texas. (33.) Resolution No. 6257/Bid #99041--Lubbock Auditorium and Banquet Hall Lighting -Phase II (Civic Center) RESOLUTION NO. 6257 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for Lubbock Auditorium and Banquet Hall Lighting -Phase II, by and between the City of Lubbock and Stagelight, Inc. of Houston, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of April, 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 StageLight, Inc., of the City of Houston, County of Harris, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the hereinafter mentioned, to be made and performed by conditions expressed in the bond bearing even d CONTRACTOR hereby agrees with OWNER to c o and under the (if any) the complete the 246 Regular City Council Meeting April 8, 1999 Page 247 BID #99041 - LUBBOCK AUDITORIUM AND BANQUET HALL LIGHTING, PHASE II - $274,365.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ John James CONTRACTOR: Owner's Representative StageLight, Inc. APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary Bv: /s/ Jerome Dunn PRINTED NAME: Jerome A. Dunn TITLE: President COMPLETE ADDRESS: StageLight, Inc. 2310 Richton Houston, Texas 77098 This Project includes the purchase and installation of lighting for the Lubbock Memorial Civic Center auditorium and banquet hall. Once installed, lessees will have the ability to add additional lighting instruments to their shows and operate them through our lighting system. This project also involves the purchase and installation of a dimmable light system for the Civic Center Banquet Hall. The Lubbock Auditorium Phase II and the Banquet Hall Lighting budget amounts total $297,433. The low bid is $274,365 from StageLight Inc. of Houston, Texas. (34.) Resolution No. 6258/Bid #99051--Aquatic Upgrades -Water Slides at Various Parks (Park Development) 247 Regular City Council Meeting April 8, 1999 Page 248 RESOLUTION NO. 6258 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 Aquatic Upgrades -water slides at various parks, by and between the City of Lubbock and All Texas Builders, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 8th day of April, 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 All Texas Builders, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99051 - AQUATIC UPGRADES - WATER SLIDES AT VARIOUS PARKS - $272,777.00 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. Regular City Council Meeting April 8, 1999 Page 249 THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: All Texas Builders, Inc. By: /s/ Tony Ratliff PRINTED NAME: Tony Ratliff TITLE: President COMPLETE ADDRESS: All Texas Builders, Inc. P. O. Box 3486 Lubbock, Texas 79452 This project includes the construction of three ninety -foot fiberglass water slide systems complete with steel tower and support structures and required mechanical equipment. One slide will be installed at each of the following facilities: Rodgers (Amherst and Gary), Mae Simmons (East 24th and M. L. King Boulevard), and K. N. Clapp (46th and Avenue U) swimming pools for the Parks and Recreation Department. The slides will help increase the number of patrons that use these facilities and increase the quality of life of the community. The Simmons Pool Renovation Bond and Indoor/Outdoor Recreational Equipment budget amount is $385,000. The low bid is $272,777 from All Texas Builders, Inc. of Lubbock, Texas. (35.) Resolution No. 6259/Bid #99055--Fuel Dispensing Hardware and Software (Fleet Services) M Regular City Council Meeting April 8, 1999 Page 250 RESOLUTION NO. 6259 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 between the City of Lubbock and Megatronics International Corporation of San Antonio, Texas, to provide fuel dispensing hardware and software, 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 Council. Passed by City Council this 8th day of April, 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 Copies of the Support and Maintenance Agreement and Contract are filed with Resolution No. 6259. This bid is for the purchase of a fuel dispensing system that will replace old systems that are not Y2K compliant. Systems will be replaced at the Municipal Hill and 86`' Street and Avenue P fueling sites. A fueling system will also be added to the Airport Maintenance Facility. The systems will help Fleet Services gather vital vehicle information such as mileage and fuel usage. This information is used during the budget process to estimate vehicle and equipment replacement cycles. The Automated Fuel Systems Upgrade budget amount is $70,000. Staff recommended purchasing a fuel system from Megatronics International Corporation of San Antonio, Texas through the General Services Commission Cooperative Purchasing Program. Megatronics' price of $62,289.35 includes training and installation. Texas Tech University and Citibus currently use compatible Megatronics systems. Purchasing this particular system will benefit the City of Lubbock by enabling us to use Texas Tech and Citibus sites in emergency situations and in the event of natural disasters. (36.) Bid ##99083--Fuel Delivery Pumps at South Side and Municipal Hill (Fleet Services) 250 Regular City Council Meeting April 8, 1999 Page 251 This project involves the replacement of aging and malfunctioning fuel dispensing pumps at both City of Lubbock fueling sites. The existing pumps are not registering transactions correctly; therefore the City's fuel inventory is not balancing. Consequently, the replacement of these pumps is necessary to avoid costly TNRCC fines. The Fleet Services Capital Outlay budget amount for this item is $35,000. In an effort to avoid TNRCC penalties, staff recommended the purchase of the pumps, and their installation, off the State of Texas General Services Commission (GSC) contract without the delay of having to go through the competitive bid process. The GSC contract amount is $27,958.77 from Rykin Pump Company of Odessa, Texas. 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 CIVIC SERVICES (37.) Resolution No. 6260 to approve a new standard rental contract and revised Operating Policies and Procedures for leasing the Civic Center and Auditorium -Coliseum facilities. RESOLUTION NO. 6260 WHEREAS, the City Council of Lubbock deems it in the best interest of the citizens of the City of Lubbock to approve the General Operating Policies and Procedures for the Lubbock Memorial Civic Center and Municipal Auditorium - Coliseum and a standard Rental Contract for the City of Lubbock Facilities; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the General Operating Policies and Procedures for the Lubbock Memorial Civic Center and Municipal Auditorium -Coliseum and a standard Rental Contract for the City of Lubbock Facilities are hereby adopted and approved for use. Said documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 251 Regular City Council Meeting April 8, 1999 Page 252 Passed by City Council this 8th day of April, 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 Copies of the Operating Policies and Procedures and Rental Contract are filed with Resolution No. 6260. Persons and organizations that lease the Civic Center and Auditorium - Coliseum facilities are required to sign a standard rental contract. There is also an attachment to the contract, entitled "Operating Policies and Procedures", which outlines the policies and procedures associated with renting space within these facilities. This attachment is a part of the facility contract. Over the years, these documents have been revised and updated. The last revision was April 1, 1990. The Legal Department has reviewed the current contract and made revisions to the document. Many of the revisions incorporate language which is found in most standard lease agreements. Some of the current language was deleted from the rental contract and incorporated into the Operating Policies and Procedures as recommended by the legal department. Staff also updated the policies and procedures document to incorporate changes, deletions and additions that have evolved since the last update. The Legal Department has reviewed these changes as well. Examples of changes to the policies and procedures document include such items as: 1. Incorporating the life safety code requirements on vehicles stored in the facility overnight, blocking entrances/exits as well as requirements on hazardous materials brought into the facilities. 2. Informing the clients of the facility improvement fee which is now added to the price of tickets sold through Select -a -Seat. 3. Incorporating policies which will lengthen the life of the renovations completed in 1997 and addressing signs, posters and decorations. 4. Changing the number of days prior to an event that a deposit can be refunded from 21 days to 180 days when an event cancels. 252 Regular City Council Meeting April 8, 1999 Page 253 5. Clarifying insurance requirements so that is easier for the client to understand what they need to provide. 6. Adding language that gives the facility the ability to charge for parking at the Auditorium -Coliseum, i.e. preferred parking for certain ticketed events. 7. Clarifying some of the other existing policies to improve the client's understanding of the policies. It is the desire of staff that the use of the Civic Center and Auditorium - Coliseum be a user-friendly experience. Staff also has a responsibility to protect the investment that the citizens have made in the facilities and to insure that a safe environment is provided to our clients and patrons attending events. It has been nine years since staff has revised or updated the facility contract and associated operating policies and procedures for the Civic Center and Auditorium -Coliseum. Many of the changes are "housekeeping" in nature, however staff has updated the document to include items from the Life Safety Code and requirements dealing with hazardous materials brought into the facilities. Staff has also clarified some of the existing policies so they are clearer to our clients. Staff recommended that the City Council approve the new standard contract and the revised Operating Policies and Procedures. Tommy Gonzalez, Director of Civic Services, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 6260 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. WATER UTILITIES (38.) Resolution No. 6261 authorizing the Mayor to amend and modify the land purchase agreement with Lubbock Christian University/ Lubbock Christian College Investment Corporation. RESOLUTION NO. 6261 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment and Modification of Contract of Sale by and between the City of Lubbock and Lubbock Christian College Investment Corporation and Lubbock Christian University, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 253 Regular City Council Meeting April 8, 1999 Page 254 Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Amendment and Modification of Contract of Sale is filed with Resolution No. 6261. Since the early 1980's, Lubbock Christian University has utilized treated effluent produced by the City of Lubbock for irrigation of non-food agricultural crops at the Hancock Land Application site near the City of Wilson, Texas. This cooperative effort between Lubbock Christian University and the City of Lubbock has provided the University with an — inexpensive source of irrigation water for its farm and has provided the City of Lubbock with an environmentally sound mechanism to dispose of treated effluent. The amount of treated effluent produced by the City has increased over the years and, consequently, the City requires additional disposal capacity. Lubbock Christian University has determined that it cannot utilize additional treated effluent at the Hancock Site without substantially reducing the University's income, which is based primarily on cotton production. The University has offered to sell the Hancock Site to the City of Lubbock to allow the City to continue to utilize the site for the disposal of treated effluent. A contract for the purchase of the Hancock Site was previously negotiated and agreed upon by both parties and executed by the City on January 14, 1999. Closing upon the contract is pending at this time while an environmental assessment, property survey, and title commitment review regarding the site are being performed. The proposed amendment and modification of the contract is necessary because: 1. The "seller" as described in the original Contract of Sale is not the record title owner of the site; 2. Several items of the contract have been rendered unnecessary due to elections made by Lubbock Christian College Investment Corporation and/or Lubbock Christian University; and 3. To correct other discovered discrepancies. 254 Regular City Council Meeting April 8, 1999 Page 255 Staff recommended that the contract be amended and modified and that the Hancock Land Application Site be purchased for the purpose of effluent disposal. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 6261 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. MISCELLANEOUS (39.) Resolution No. 6262 updating prevailing wage rates for locally funded public works contracts. RESOLUTION NO. 6262 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann. Civ. Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, further updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted December 16, 1998; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C: Overtime Rate Exhibit D: Legal Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. 'r41SI Regular City Council Meeting April 8, 1999 Page 256 Passed by City Council this 8th day of April, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Copies of Exhibits A, B, C, and D are filed with Resolution No. 6261. State law requires that the City Council establish general prevailing wage rates for public works contracts funded with local funds. Prevailing wage rates were established by the City Council in 1981 and were revised in 1984, 1987, and 1996. The Human Resources Department mailed 145 wage survey questionnaires to local contractors (building, highway, etc.) and local trade unions. Twenty-eight were undeliverable due to business closing or address changes. Questionnaires with salary information were received from 48 respondents. This is a typical return rate compared to previous surveys. Local wage information was examined against similar data available from Texas Workforce Commission and the U.S. Department of Labor. Proposed local rates were reviewed with representatives from Purchasing, Facilities Management, and Streets/Drainage Engineering. The proposed prevailing wage rates must be included in City bids for locally funded public works projects. Each rate represents the minimum rate that a contractor must pay to employees in that classification. Contractors are free to pay wages above these rates. The proposed prevailing wage rate/schedules were included in Council backup. Mary Andrews, Director of Human Resources, presented staff comments. It was recommended that the City Council adopt the resolution to update prevailing wage rates. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to pass Resolution No. 6262 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. 256 Regular City Council Meeting April 8, 1999 Page 257 The next items considered were Items No. 42 through 50. Before consideration of Items No. 40 and 41, Council recessed. 11:08 A. M. COUNCIL RECESSED 11:20 A. M. COUNCIL RECONVENED FINANCIAL SERVICES (40.) Ordinance No. 10152 - Authorizing the issuance of $6,100,000 Tax and Sewer System Surplus Revenue Certificates of Obligation, Series 1999, and authorizing approval of all necessary documents related to issuance (second and final reading). ORDINANCE NO. 10152 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999"; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. The first reading of this ordinance was approved on March 25, 1999. The bonds were sold competitively on April 8, 1999. Bids were accepted via telephone from 10:00 a.m. - 10:45 a.m. on April 8, 1999. Vince Viaille from First Southwest Company verified the bids and worked with staff to identify the lowest bid meeting specifications. The results of those bids were presented in the regular City Council meeting at approximately 11:30 a.m. Bids were received from the following: NAME Paine Webber Southwest Securities Dean Witter J. C. Bradford Morgan Keegan NET INTEREST COST $3,032,124.88 3,015,917.10 3,019,769.42 3,020,097.29 3,015,069.03 EFFECTIVE INTEREST RATE 4.792316% 4.7666 % 4.77278 % 4.7733 % 4.765359 % City Council was asked to approve the recommendation for lowest bidder meeting specifications as well as approve the second reading of the ordinance and make final approval of all necessary documents related to issuance. Betsy Bucy, Director of Finance, presented staff comments. Vince Viaille of First Southwest Company, also presented comments and recommended that the bid be awarded to Morgan Keegan. As this action is necessary to proceed with the bond issuance, staff recommended passage of this ordinance. 257 Regular City Council Meeting April 8, 1999 Page 258 Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 10152 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. (41.) Ordinance No. 10153 - Authorizing the issuance of $12,300,000 Tax and Waterworks System Surplus Revenue Refunding Bonds, Series 1999, and authorizing approval of all necessary documents related to issuance (second and final reading). ORDINANCE NO. 10153 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, TAX AND WATERWORKS SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 1999"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; PROVIDING FOR THE PAYMENT OF SAID BONDS BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. The first reading of this ordinance was approved on March 25, 1999. The bonds were sold competitively on April 8, 1999. Bids were accepted via telephone from 10:00 a.m. - 10:45 a.m. on April 8, 1999. Vince Viaille from First Southwest Company verified the bids and worked with staff to identify the lowest bid meeting specifications. The results of those bids were presented in the regular City Council meeting at approximately 11:30 a.m. Bids were received from the following: NAME Paine Webber Southwest Securities Dean Witter J. C. Bradford Morgan Keegan NET INTEREST COST $6,163,475.61 6,121,894.94 6,115,947.44 6,053,371.17 6,124,631.67 EFFECTIVE INTEREST RATE 4.795422 % 4.7630 % 4.75844 % 4.7097 % 4.7652 % Betsy Bucy, Director of Finance, presented staff comments. Vince Viaille of First Southwest Company, also presented comments and recommended that the bid be awarded to J. C. Bradford. City Council was asked to approve the recommendation for lowest bidder meeting specifications as well as approve the second reading of the ordinance and make final approval of all necessary documents related to issuance. As this action is necessary to proceed with the prepayment and achieve the refinancing savings, staff recommended passage of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 10153 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 258 Regular City Council Meeting April 8, 1999 Page 259 BOARD APPOINTMENTS Items No. 42 through 50 were considered following Item No. 39. (42.) Consider two appointments to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Connie Blosser and Wanda Wesson to the Appointments Advisory Board. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (43.) Consider two appointments to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Mike Landress and Bob Teaff to the Building Board of Appeals. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (44.) Consider five appointments to the Culture and Arts Commission Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Bonnie Aycock, David Langston, Herbert Martinez, Eric Strong, and Louise Underwood to the Culture and Arts Commission. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (45.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Mike Temple, Jr. to the Board of Electrical Examiners. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (46.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jack Reid to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (47.) Consider one appointment to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Maxine McCormick to the Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (48.) Consider three appointments to the Park and Recreation Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Bobbe Crawford, Phyllis Jones, and Marciano Morales, Jr. to the Park and Recreation Board. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had.. stepped away from the dais. 259 Regular City Council Meeting April 8, 1999 Page 260 (49.) Consider three appointments to the Permit and License Appeal Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jean Brock, David Gutierrez and Charlie Lynch to the Permit and License Appeal Board. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. (50.) Consider one appointment to the Zoning Board of Adjustment. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jim Riddle to the Zoning Board of Adjustment. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. The next item considered was Item No. 40. Before Item No. 40 was considered, Council took a 15-minute recess. 11:28 A. M. COUNCIL RECESSED 12:33 P. M. COUNCIL RECONVENED 12:33 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 4 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment (Councilmembers Hernandez, Ince, McDougal, and Patterson). J WINDY Sff TON, Read and approved this el*- day of 7- 1999. V�—(-Wk I , , F" !4r il OR ATTEST: K ythi I arnell, City Secretary 260