HomeMy WebLinkAboutMinutes - City Council - Regular - 8/13/1998CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 13, 1998
12:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of August, 1998, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 12:00 P. M.
12:00 P. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, and Councilmember David Nelson
CITIZEN COMMENTS
There were no citizens who appeared to make comments to the Council.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Manager); pending or contemplated litigation
(Department of Finance; Lubbock Power & Light; Police Department;
Streets Department; Water Department); personnel matters regarding
duties, responsibilities, and/or appointments (Boards and Commissions);
and to deliberate the purchase, exchange, lease, or value of real property
(Airport).
12:03 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Department of Finance; Lubbock Power & Light; Police
Department; Streets Department; Water Department).
(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:
Airport Board
Appointments Advisory Board
Building Board of Appeals
Citizens Traffic Commission
Culture and Arts Commission
Human Relations Commission
Permit and License Appeal Board
Planning and Zoning Commission
Complete Count Committee for the 2000 Census
( 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 (Airport).
Regular City Council Meeting
August 13, 1998
Page 20
2:39 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councihnembers were present.
( 5.) Presentation of the proposed Management Services for Lubbock
Memorial Civic Center and Memorial Coliseum and Auditorium by
Tommy Gonzalez, Director of Civic Services.
(6.) Presentation of Third Quarter Financial Update and Investment
Performance by Betsy Bucy, Finance Director.
3:32 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; and Anita
Burgess, City Attorney
Absent: Kaythie Darnell, City Secretary
Mayor Sitton called the meeting to order at 3:32 P. M.
(7.) Reverend Jim Gerlt, Indiana Avenue Baptist Church, gave the
invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
CONSENT AGENDA (Items No. 9-28 and 30-41)
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(9.) Approval of the minutes of the Regular City Council Meetings of
June 25,1998; July 8,1998; and July 30,1998.
(10.) Ordinance No. 10077 - Zone Case No. 2383-A (between North Loop
289 and Erskine and west of Quaker): Request of MSKTD and
Associates (for Mark Turner) for zoning change from A-1, C-2, R-1,
and R-2 to AM, AM Specific Use, and C-2A on a portion of land out
of Section 22, Block A (second and final reading).
ORDINANCE NO. 10077
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2383-A; A ZONING CHANGE FROM A-1, C-2, R-1
AND R-2 TO AM, AM SPECIFIC USE ZONING AND C-2A ON A PORTION OF
LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(11.) Ordinance No. 10079 - Zone Case No. 2819 (9713 Memphis):
Request of Frank Best for zoning change from R-1 to R-2 for
duplexes on Lot 793, Raintree Addition (second and final reading).
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August 13, 1998
Page 21
ORDINANCE NO. 10079
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2819: A ZONING CHANGE FROM R-1 TO R-2
ZONING ON LOT 793, RAINTREE ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(12.) Ordinance No. 10080 - Zone Case No. 2820 (1502 Buddy Holly
Avenue): Request of Tom King for zoning change from C-4 to IHC
Specific Use on Lots 16 through 20, Block 182, Original Town
Addition (second and final reading).
ORDINANCE NO. 10080
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2820; A ZONING CHANGE FROM C-4 TO IHC
SPECIFIC USE ZONING ON LOTS 16 THROUGH 20, BLOCK 182, ORIGINAL
TOWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(13.) Ordinance No. 10081 - Zone Case No. 1227-C (3822 Idalou Road):
Request of Ronald D. Rogers for zoning change from C-4 to C-4
Specific Use for mini -warehouses on Lots 1-4, Block 1, Gordon
Bozeman Addition (second and final reading).
ORDINANCE NO. 10081
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1227-C; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES ON LOTS 1-4, BLOCK 1,
GORDON BOZEMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(14.) Consider Ordinance No. 10082 abandoning and closing two portions
of 81st Street and one portion of Avenue J adjacent to the
Winniewood Addition to the City of Lubbock (1101 81st Street) (first
reading).
ORDINANCE NO. 10082
AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF
81ST STREET AND ONE PORTION OF AVENUE J ADJACENT TO THE
WINNIEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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Page 22
This ordinance abandons and closes a 101-square-foot portion of 81st
Street adjacent to Lot 64, Winniewood Addition; a 1,180-square-foot
portion of 81st Street adjacent to Lot 63, Winniewood Addition; and a
112-square-foot portion of Avenue J adjacent to Lot 61 Winniewood
Addition. These three tracts of land are a part of a cul-de-sac at the
intersection of Avenue J and 81st Street just west of I-27 that are being
closed for replatting purposes. A new portion of 81st Street is to be
dedicated and a new cul-de-sac constructed approximately 170 feet east
of the old cul-de-sac area being closed. Since the City is obtaining more
dedicated street area than is being closed, the grantor will not be charged
for this area. All utilities are in agreement with this closure.
The Right -of -Way Department recommended the first reading of this
ordinance.
(15.) Consider Ordinance No. 10083 abandoning and closing a portion of a
drainage easement in Section 28, Block E-2, Lubbock County (5601
Englewood) (first reading).
ORDINANCE NO. 10083
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
DRAINAGE EASEMENT LOCATED IN SECTION 28, BLOCK E-2, 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 RELECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
In 1989 a 30-foot drainage easement was dedicated by a developer in the
Westac Addition. This north -south drainage easement is located north of
58th Street, just west of Loop 289 and east of Frankford Avenue and
runs northward for approximately 1,200 feet to the south side of Lowe's.
Recently, Englewood Avenue was dedicated from 58th Street to the
south side of Lowe's, and this drainage easement is no longer needed
since the street will carry the drainage that the easement was carrying.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(16.) Consider Resolution No. 5956 authorizing the Right -of -Way
Department to make offers to 26 property owners for 20 parcels of
right-of-way for the 82nd Street widening project (82nd Street, I-27
westward to Avenue U).
RESOLUTION NO. 5956
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the widening of 82nd Street, and
the City Council of said City finds it in the public interest and for public purposes and
municipal purposes to proceed with the acquisition of lands as needed for such purposes
as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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SECTION 1. THAT the fee simple title to each of the following described
parcels of land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
N-2,4,5,6 Dan Field $ 58,550
N-3 John A. and Lynda Mason $ 14,900
N-10 Kenneth & Jaril Porter $ 80,000
N-11,1513 Glen D. and Mary Joan Adkins $ 22,725
N-12,15A Lovelle G. Owens $ 25,025
N-13 Hazel Larue Franklin Mathis, $ 10,425
Jack M. Mathis, Jimmie Don Franklin,
& Rickey Floyd Franklin
N-14 Margaret Jane Prather and $ 16,100
Jeffrey Dale Prather
N-17 Mary Ann Slagle $ 80,200
N-18,19 Santos L. & Lupe Villalobos $ 69,000
N-20 Jesus H. Cavazos $ 19,350
N-21 Eddie Don and Virginia Young $ 82,000
N-22 O.D. and Dorothy Aycock $ 3,270
N-23 Donnie J. Bentley and Thresa J. Bentley $ 16,000
N-24 J.T. Talkington and Town & Country $ 12,100
Food Stores, Inc.
SECTION 2. THAT the above -described parcels of land whose acquisition is
herein authorized are more particularly described in exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of the above -described parcels of land BE
offered through the Right -of -Way Department of the City of Lubbock the amount
hereinabove indicated for their respective parcel(s), which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said real estate, for the
use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title to any or all such parcels as hereinabove described for public purposes and
municipal purposes.
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Regular City Council Meeting
August 13, 1998
Page 24
Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising Attorney
For several years, the widening of 82nd Street from I-27 to Avenue P
has been in the planning and funding stages. Bond money and State
participation have allowed the City to begin work on this major road
widening project. Originally, ten feet of right-of-way was to be taken
for the north side of the street and fifteen feet of right-of-way was to be
taken for the south side of 82nd Street. However, the State has
redesigned this road project due to a large diameter gas line in the south
side of the road and shifted this whole road northward thirty-five to forty
feet or more. Therefore, the majority of the parcels will be coming from
the north side of 82nd Street and will involve whole takings. All the
parcels are residential with the exception of a Town & Country
Convenience Store. This will only be a part -taking on the convenience
store and the two properties west of it. Several of these parcels were
placed on the City Council agenda a few months back, but have been
reappraised due to several recent immediate sales in the neighborhood.
This resolution asks for approval of offers to 26 of these owners for 20
parcels of land which are residential vacant lots, residential improved
lots, and the one commercial property. This resolution states the parcel
number, the owner(s) name, and the appraised amount that they will be
offered. This resolution authorized the Right -of -Way Department to
offer the property owners this appraisal amount and if refused, to
institute condemnation proceedings to acquire the property.
The Right -of -Way Department recommended the approval of the City's
offer to all property owners.
(17.) Consider Resolution No. 5957 authorizing the Right -of -Way
Department to make offers to four property owners for two parcels
of right-of-way for the Indiana Avenue widening project, 95th Street
to 114th Street (South Indiana Avenue, 95th Street to 114th Street).
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Page 25
RESOLUTION NO. 5957
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue,
95th Street to 114th Street, and the City Council of said City finds it in the public interest
and for public purposes and municipal purposes to proceed with the acquisition of lands
as needed for such purposes as aforesaid: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to each of the following described
parcels of land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
E-7 Leroy Elmore, Trustee, $ 53,511.00
W. Norton Baker & Joan Baker
W-3 Barbara Weaver Johnson $ 24,458.00
SECTION 2. THAT the above -described parcels of land whose acquisition is
herein authorized are more particularly described in exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of the above -described parcels of land BE
offered through the Right -of -Way Department of the City of Lubbock the amount
hereinabove indicated for their respective parcel(s), which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said real estate, for the
use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title to any or all such parcels as hereinabove described for public purposes and
municipal purposes.
Passed by City Council this 13th day of August, 1998.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
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Page 26
One of the 1999 City of Lubbock street -widening projects is the
widening of Indiana Avenue from 95th Street to 114th Street. From 95th
Street to 98th Street, Indiana Avenue will be paved, curbed and guttered
to a full six -lane thoroughfare with a center turn lane. From 98th Street
to 114th Street, three lanes will be constructed which will include a
center turn lane. The Right -of -Way Department is acquiring the full 110
feet of right-of-way or 55 feet on each side of the center line. In some
locations along Indiana Avenue there are some existing dedications, but
the majority must be acquired. These two parcels were appraised by
Jimmy Goddard, MAI, whose values are quoted in this resolution with
the parcel number. None of the parcels contain improvements.
This resolution authorized the Right -of -Way Department to offer the
property owners this appraised amount and if refused, to institute
condemnation proceedings to acquire the property.
The Right -of -Way Department recommended the approval of the City's
offer to these four property owners.
(18.) Consider Resolution No. 5958 authorizing the Mayor to execute an
alley -use license with HUBNET, Inc. for a private communications
cable along Lots 12-17, Block 1, Westminster Heights Addition (3040
34th Street).
RESOLUTION NO. 5958
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 Alley Use License with
associated documents for and on behalf of the City of Lubbock with HUBNET Inc., for
an overhead communications cable in the adjacent alley. Said agreements are attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Ka thie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buc
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney
A copy of the Alley Use License is filed with Resolution No. 5958.
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Regular City Council Meeting
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Page 27
Stephen Thrash of Hubnet, Inc. has an office at 3060 34th Street and
desires to connect an overhead communications cable to another office at
3020 34th. This cable will run east -west along the south side of the
15-foot alley north of these properties. This license will be for 20 years
and the $50 per year minimum will be charged payable every five years
in advance, or $250.
The Right -of -Way Department recommended the approval of this alley -
use license.
(19.) Consider Resolution No. 5959 authorizing the Mayor to execute a
deed conveying 19 tracts of 82nd Street right-of-way to the Texas
Department of Transportation for the West 82nd Street widening
project, Spur 313 (82nd Street, Slide Road to Norwich Avenue).
RESOLUTION NO. 5959
WHEREAS, the Texas Transportation Commission passed Minute Order No.
107161 on May 29, 1997, which designated 82nd Street from Farm to Market Road
1730 (Slide Road) westward to U.S. Highway 62/82 (a distance of approximately four
miles) as State Highway Spur 313 and also ordered the executive director of the
Commission to proceed with a development project which included the widening of
82nd Street from Frankford Avenue to U.S. Highway 62/82 following acceptance of
the Order by the City of Lubbock and the County of Lubbock; and
WHEREAS, the City Council of the City of Lubbock in Resolution No. 5525
accepted the provisions of Minute Order No. 107161 on June 26, 1997; and
WHEREAS, the Texas Transportation Commission needs to acquire various
tracts of land from the City as right-of-way in order to complete the widening of a
portion of 82nd Street from two lanes to six lanes in accordance with Minute Order No
107161; 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 a deed conveying nineteen (19) tracts
of land to the Texas Transportation Commission, said deed to be in a form that shall be
acceptable to the City Attorney of the City of Lubbock.
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Regular City Council Meeting
August 13, 1998
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Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Richard Casner
Richard Casner, Natural Resources
Attorney
A copy of the Deed is filed with Resolution No. 5959.
In May of 1997, the Texas Transportation Commission passed minute
order No. 107161 which designated 82nd Street from Slide Road
westward to U.S. Highway 62/82 as State Highway Spur 313. This
authorized the executive director of the Commission to proceed with the
development, construction and widening of this portion of 82nd Street.
In order for this project to proceed, TxDOT has requested that the City
convey to them nineteen tracts of right-of-way which make up the City's —`
portion of 82nd Street from Slide Road westward to the City limits line
or what would be Norwich Avenue.
The Right -of -Way Department recommended the approval of this
resolution and deed.
(20.) Consider Resolution No. 5960 authorizing the Mayor to execute a
lease with Bleacher's Sports Cafe (1910 Texas Avenue).
RESOLUTION NO. 5960
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease between the City
of Lubbock and Bleacher's Sports Cafe, and any related documents. Said lease is
attached hereto, and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Regular City Council Meeting
August 13, 1998
Page 29
Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Municipal Contracts
Attorney
A copy of the Lease Agreement is filed with Resolution No. 5960.
In June of 1997, the City worked out a one-year lease agreement with
Kurt McMillan of Bleacher's Sports Cafe to lease approximately 64
spaces of the City's Health Department parking lot at the southwest
corner of 19th Street and Texas Avenue. This lease has expired and they
have requested that it be renewed for an additional year. Additional
parking per zoning requirements is needed for customers of the Cafe
during the evening and nighttime hours. This lease is for one year and
the City will receive $240 per month for this lease. This has been
calculated as follows: $15 per space (typical monthly downtown parking
lot space rental rate) x 64 spaces = $960. Parking will occur only 15
days of the month on these spaces, and they will be leased only 12 hours
a day maximum. Therefore, $960 x 1/2 month x 1/2 day = $240 per
month due the City.
The Right -of -Way Department recommended the approval of this lease.
(21.) Consider Resolution No. 5961 authorizing the Mayor to execute an
interlocal agreement with the City of Shallowater for the use of a
radio tower located at the microwave station site west of Shallowater.
RESOLUTION NO. 5961
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
between the City of Shallowater and the City of Lubbock for the use of a radio tower
located at the Microwave Station site for two (2) emergency service radio repeaters and
all related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
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Regular City Council Meeting
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Passed by City Council this 13th day of August, 1998.
/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/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Interlocal Cooperative Agreement is filed with Resolution No. 5961.
The City of Shallowater has approached Lubbock requesting the use of a
radio tower located at the Microwave Station site. Shallowater requires
the use of a suitable site to operate two emergency service radio
repeaters, and the tower is a suitable site for said repeaters. The use of
the emergency service radio receivers is a necessary and an important
governmental function and service. The initial term of this agreement
shall not exceed five years. This agreement may be extended for five
successive terms of five years each upon written agreement of all parties.
In consideration of this lease, Shallowater will pay Lubbock the sum of
$300 per year.
The Water Utilities staff does not anticipate that the use of the radio
tower by Shallowater in this manner will interfere with Lubbock's
current or potential use of the tower. Staff recommended approval of
this item.
(22.) Consider Resolution No. 5962 authorizing the Mayor to execute a
professional services contract with TMG Consulting, Inc. for utility
billing services.
RESOLUTION NO. 5962
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 TMG Consulting, Inc., and all related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning, Information
Technology Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager
A copy of the Professional Services Agreement is filed with Resolution No. 5962.
The current Utility Billing System for the City of Lubbock was originally
written in 1984 and was moved from a mainframe to a mini -computer in
1994. This software is very inflexible and cannot easily be modified to
add necessary services and features. The Utility Billing System is
responsible for the revenues of electric, water, sewer, stormwater, and
solid waste. The City's utilities, and these industries in general, are
undergoing changes, most notably that of the addition of a stormwater
utility and the future deregulation of electricity. With the current
system, staff cannot respond to these changes in an acceptable format
and within an acceptable period of time.
To fully evaluate all options available regarding Utility Billing, the City
looked to a consultant with extensive utility experience. This experience
in the industry will assist the City in determining functional
requirements, preparing a Request for Proposal, evaluating the proposals
received, and developing timetables and schedules for implementation.
This contract has a very lengthy Exhibit A, which was not included in
Council backup. It is available for review in the City Manager's office.
Staff recommended contracting with TMG Consulting, Inc. for a
Professional Services agreement to assist in the evaluation of the Utility
Billing System.
(23•) Consider Resolution No. 5963 authorizing the Mayor to repeal the
resolution approved on January 27, 1955, and denoted as Item
Number 55-13-445-734 in the official minute books of the City of
Lubbock.
RESOLUTION NO. 5963
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to repeal the Resolution approved
on January 27, 1955, pertaining to electric utility billing due to changed conditions;
NOW THEREFORE:
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Regular City Council Meeting
August 13, 1998
Page 32
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock Resolution enacted on January 27, 1955, and
denoted as item number 55-13-445-734 in the official Minute Books of the City of
Lubbock pertaining to electric utility billing be, and is hereby, repealed and it shall be
of no further force and effect.
Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, Director of Electric
Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Resolution dated January 27, 1955, is filed with Resolution No. 5963.
The referenced 1955 resolution prohibits Lubbock Power and Light from
combining electric meters for billing purposes, if the meters are
separated by a dedicated street or alley.
Combining meters under the existing rate structures will lower average
electric costs for some customers. Chains of convenience stores or gas
stations are notable examples. The small reduction in average electric
costs should be more than offset by providing a more favorable business
climate to retain and attract electric customers.
Staff recommended that the City Council approve the recommended
resolution.
(24.) Consider the price and condition of sale of the south portions of
Parcels 85430-8-1 and 14 and all of Parcel No. 85430-8-10 in the 1300
Block of 4th Street in the Memorial Center Area.
This is a sale of property by the Urban Renewal Agency to the Texas
Department of Transportation (TxDOT) for $223,000. The Texas
Department of Transportation is in the process of buying right-of-way
for the East-West Freeway along 4th Street. This 108,900 vacant tract
of land in the 1300 Block of 4th Street between Avenues L and M was
acquired by the Community Development Department in 1985. It
includes land out of Lots 1, 2, and a portion of Lots 3, 4 and 14 of Block
8 in the William Tubbs Addition.
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Page 33
On July 9, 1998, TxDOT offered to purchase this 108,900 square feet of
land for $233,000 or at $2.1395 per square foot. The appraisal report by
the State's appraiser, Leonard H. Berger, stated the value to be $223,000
at $2.05 per square foot. It was brought to TxDOT's attention when the
Memorandum of Agreement was delivered for $223,000 that there was a
$10,000 discrepancy in the price. TxDOT presented a revised offer to
purchase on August 4, 1998 for $233,000, to reflect the appraised value.
TxDOT stated that the initial offer was in error and they only have the
authority from Austin to offer the amount of the appraised value.
On July 21, 1998, the Urban Renewal Board of Commissioners voted to
accept TxDOT's offer of $233,000. The CD/Housing staff recommended
approval of the sale for TxDOT's revised offer. This price will be taken
to the URA Board for ratification on August 18, 1998.
(25.) Consider the price and condition of sale of Parcel Number 15760-21-
10 at 2301 Globe Avenue in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal Agency to
Charles E. Key d/b/a Key Construction Company for $850. The
property is to be redeveloped with a new 1,300-square-foot single-family
residence valued at $65,000. The land is properly zoned.
The proposed development was approved by the Urban Renewal Board
of Commissioners on July 21, 1998. The Community Development
Department recommended approval.
(26.) Resolution No. 5964/Bid #98070--Reroof the Traffic Signs/Signals
Complex (Facilities Management)
RESOLUTION NO. 5964
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 with David
Plyler, Inc. of Lubbock, TX to install and furnish all materials and services as bid for
the reroofing of the Traffic Signs/Signals Complex. Said Contract is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in
the minutes of the Council.
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Regular City Council Meeting
August 13, 1998
Page 34
Passed by City Council this 13th day of August, 1998.
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
/s/ WINDY SITTON
WINDY SITTON, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and David Plyler, 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 #98070 - Reroof the Traffic Signs/Signals Complex at 301 North Ash Avenue -
$33,856.00
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.
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Regular City Council Meeting
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Page 35
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
David Plyler, Inc.
By: /s/ David Plyler
PRINTED NAME: David Plyler
TITLE: President
COMPLETE ADDRESS:
David Plyler, Inc.
5724 90th Street
Lubbock TX 79424
This project will remove the existing built-up roofing system on a
portion of the Traffic Signs/Signals Complex facility. A new modified
system with tampered insulation will be installed to match that installed
on the rest of the building.
The Buildings Capital Outlay -Facilities Reroof budget amount is
$45,000.
The low bid is $33,856 from David Plyler Inc. of Lubbock, Texas.
(27.) Resolution No. 5965/Bid #98091--Wagner Tennis Court Renovations
(Park Development)
RESOLUTION NO. 5965
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 with Birchwood
Construction, Inc. of Levelland, TX to install and furnish all materials and services as
bid for the Wagner Tennis Court Renovations, and all related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
August 13, 1998
Page 36
Passed by City Council this 13th day of August, 1998.
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
/s/ WINDY SITTON
WINDY SITTON, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Birchwood Construction, Inc., of the City of Levelland, County of
Hockley, 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 #98091 - Wagner Tennis Court Renovation - $50,292.50 (Base Bid, plus
Alternates 1&3)
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.
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Regular City Council Meeting
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Page 37
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:
Birchwood Construction, Inc.
By: /s/ Scott Michaels
PRINTED NAME: Scott Michaels
TITLE: Vice President
COMPLETE ADDRESS:
Birchwood Construction, Inc.
PO Box 8241
Levelland TX 79338
This bid is for the renovation of the tennis court at Wagner Park. The
courts are chipping and the fabric on the fences bordering the court on
the north and south is coming apart. These repairs are needed for safety
reasons. The concrete surface, net posts, and net fabric will be removed
and new ones installed.
The System Capital Outlay -Wagner Tennis Court Renovations budget
amount is $53,000.
The low bid is $50,292.50 from Birchwood Construction of Levelland,
Texas.
(28.) Resolution No. 5966/Bid #98107--Motor Controllers for Blowers on
Aeration Tanks (Water Reclamation)
RESOLUTION NO. 5966
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 with Tarver
Electric Company of Lubbock, TX to install and furnish all materials and services as
bid for the Motor Controllers for Blowers on Aeration Tanks, and all related
documents. Said Contract is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
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August 13, 1998
Page 38
Passed by City Council this 13th day of August, 1998.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Tarver Electric Company, of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #98107 - Motor Controllers for Blowers on Aeration Tanks - $160,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
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Regular City Council Meeting
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Page 39
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/ Terry Ellerbrook
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Name not Legible
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Tarver Electric Company
By: /s/ Joe F. Tarver
PRINTED NAME: Joe F. Tarver
TITLE: President
COMPLETE ADDRESS:
Tarver Electric Company
1812 4th Street
Lubbock TX 79415
This bid is for the purchase and installation of four new 2300 reduced
voltage induction motor controllers. A bus tie switch will be added to
allow additional operational flexibility. These units are necessary to
replace the original units, which were put in service in 1970. Lack of
parts availability and 28 years in a corrosive wastewater plant
atmosphere have rendered the existing units unreliable.
The Wastewater Treatment Plant Safety and Repairs budget amount is
$198, 000.
The low bid is $160,000 from Tarver Electric Company of Lubbock,
Texas.
(29.) Bid #98144--Elevated Storage Tank Renovations (Water Treatment)
This item was deleted prior to Council meeting.
(30.) Bid #98127--Sideloading Refuse Containers, Annual Pricing (Solid
Waste)
This bid establishes annual pricing for approximately 461 two, three and
four cubic yard sideloading refuse containers. The new containers will
replace containers that have been damaged and that cannot be
refurbished.
The Capital Project Container Replacement budget amount is $137,300.
The low bid is $121,723.52 from Caprock Welding & Supply of
Lubbock, Texas.
(31.) Bid #98129--Mobile Operations Vehicle (Fleet Services)
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Page 40
This bid is for a Mobile Operations Vehicle or Mobile Command Post
that will be used as a command center for field operations during
emergencies and special events. Utilization of the mobile operations
vehicle will include response to aircraft emergencies, fires, police
investigations and surveillance work, health emergencies, public safety
personnel recruiting, disaster exercises and training, and response to and
recovery from an emergency or disaster.
General Capital Projects Fund -Mobile Operations Vehicle budget is
$140,000.
The low bid is $105,550 from Farber Specialty Vehicles of Columbus,
Ohio.
(32.) Bid #98133--Optical Ground Wire (Electric Distribution)
This bid is for 34,500 feet of optical fiber ground wire for installation on
the LP&L transmission system. This wire, which has optical fibers
installed in the center of the metallic shield wire, will be installed on two
different projects on the LP&L system. One project is the relocation of
an existing transmission line on South Loop 289 for a TxDOT highway
widening project and the other project is the construction of a new LP&L
substation at East 42nd and Guava Ave. This wire will be installed by
LP&L crews.
The System Capital Outlay-Fiberoptic Communications budget amount is
$75,000.
The low bid is $54,924 from Focas, Inc. of Alpharetta, Georgia.
(33.) Bid #98135--Creosote Wood Poles, Annual Pricing (Central
Warehouse)
This bid establishes annual pricing for a variety of wood poles needed to
construct and maintain LP&L overhead transmission, distribution, and
street lighting systems. Poles will be charged to various accounts in both
operating and capital project budgets, with the majority of poles charged
to the FY 1997/98 Overhead Distribution Capital Project.
The Overhead Distribution Capital Project budget amount is $135,000.
The low bid is $134,320.23 from North Pacific Lumber Company of
Portland, Oregon.
(34.) Resolution No. 5967/Bid #98136—Godeke Branch Library
Improvements (Facilities Management)
RESOLUTION NO. 5967
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 with Lubbock
Building Services of Lubbock, TX to install and furnish all materials and services as
bid for the Godeke Branch Library Improvements, and all related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
.M
Regular City Council Meeting
August 13, 1998
Page 41
Passed by City Council this 13th day of August, 1998.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #98136 - Godeke Branch Library Improvements - $91,300.00
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.
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Regular City Council Meeting
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Page 42
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Ann Smith
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Lubbock Building Services, Inc.
By: /s/ Jerry Smith
PRINTED NAME: Jerry Smith
TITLE: President
COMPLETE ADDRESS:
Lubbock Building Services, Inc.
PO Box 65600-194
Lubbock TX 79464
This bid is for the removal of the existing built-up roof system and
installation of a new modified roofing system at Godeke Branch Library.
Three roof top HVAC units will be replaced with newer and more
efficient models. The southeast exit will be renovated to prevent future
erosion from the playa lake.
The System Capital Outlay-Godeke Roof and HVAC Renovations budget
amount is $99,000.
The low bid is $91,300 from Lubbock Building Services, Inc. of
Lubbock, Texas.
(35.) Resolution No. 5968/Bid #98137--ADA Curb Ramps at Various
Locations (Street Drainage Engineering)
RESOLUTION NO. 5968
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 with Saunders
Construction of Lubbock, TX to install and furnish all materials and services as bid for
the ADA Curb Ramps at various locations, and all related documents. Said Contract is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
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Regular City Council Meeting
August 13, 1998
Page 43
Passed by City Council this 13th day of August, 1998.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Saunders Construction, 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 #98137 - ADA Curb Ramps (Phase 5) at Various Locations - $178,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
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Regular City Council Meeting
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Page 44
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/ Larry Hertel
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:
Saunders Construction
By: /s/ Kay Saunders
PRINTED NAME: Kay Saunders
TITLE: Vice President
COMPLETE ADDRESS:
Saunders Construction
4405 Clovis Road
Lubbock TX 79416
This project is the fifth phase of a larger project to construct curb ramps
at high priority locations within the City. The purpose of the project is
to improve pedestrian access for disabled individuals in accordance with
the federal Americans with Disabilities Act mandate. This fifth phase is
located predominantly on the west side of Lubbock. Although the
project will not provide ramps at all intersections, ramp construction at
the high priority locations will result in significant progress toward
compliance with the Americans with Disabilities Act regulations.
The System Capital Outlay -Curb Ramps budget amount is $200,000.
The low bid is $178,000 from Saunders Construction, Inc. of Lubbock,
Texas.
(36.) Bid ##98145--100' Aerial Ladder Truck Repairs (Fire Department)
This bid is for emergency repair work performed on a 1984 Seagraves
100-foot Aerial Ladder Truck. During required annual testing, the 100-
foot ladder failed to comply with current safety operating standards. As
a result, the vehicle was deemed unsafe and pulled out of service.
Critical repair work dictated that the vehicle be sent to the original
manufacturer for labor that can only be performed by Seagraves Fire
Apparatus, Inc. This sole source provider is merited based upon the
type of technical repair the vehicle commands that is rendered solely by
the manufacturer to ensure the integrity and continuity of the
workmanship.
The funds allocated for the repairs will serve to sustain a capable fleet of
fire vehicles for the preservation of public health and safety of the
municipality's residents.
The Capital Outlay -Heavy Movable Equipment budget amount is
$70,000.
Regular City Council Meeting
August 13, 1998
Page 45
The total cost for the repair is $49,000 from Seagraves Fire Apparatus
Inc. of Clintonville, Wisconsin.
(37.) Resolution No. 5969/Bid #98146--ACM Abatement at Depot Building
(Facilities Management)
RESOLUTION NO. 5969
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 with R.L.
Abatement Company of Lubbock, TX to install and furnish all materials and services as
bid for the ACM Abatement at Depot Building, and all related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by City Council this 13th day of August, 1998.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and R. L. Abatement Company, of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #98146 - ACM Abatement at Depot Restaurant Building - $26,262.00
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August 13, 1998
Page 46
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ David Ziegler
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:
R. L. Abatement Company
By: /s/ Narciso Zavala
PRINTED NAME: Narciso Zavala
TITLE: Co-owner
COMPLETE ADDRESS:
R. L. Abatement Company
PO Box 1533
Lubbock TX 79408
This bid is for the demolition of a wood floor to access asbestos
containing floor tile and mastic below. Approximately 1,000 square feet
of floor tile and mastic and approximately 8,000 square feet of acoustical
ceiling will be abated to prepare for the renovation work.
The Building Capital Outlay -Asbestos Containing Material Abatement
budget amount is $35,000.
The low bid is $26,262 from R. L. Abatement Company of Lubbock,
Texas.
(38.) Resolution No. 5970/Bid #98147--Recondition of 30" Aerial Sewer
Main (Water Utilities)
.tl
Regular City Council Meeting
August 13, 1998
Page 47
RESOLUTION NO. 5970
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 with Insituform
Texark, Inc, of Chesterfield, MO to install and furnish all materials and services as bid
for the Recondition of 30" Aerial Sewer Main, and all related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by City Council this 13th day of August, 1998.
/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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of August, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Insituform Texark, Inc., of the City of Chesterfield, County of St.
Louis, and the State of Missouri, 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 #98147 - Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation
Plant (Total Base Bid Items 1-4) - $134,500.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
Regular City Council Meeting
August 13, 1998
Page 48
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/ Terry Ellerbrook
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Joann Smith
Joann Smith, Assistant Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Insituform Texark, Inc.
By: /s/ Robert W. Affholder
PRINTED NAME: Robert W. Af holder
TITLE: President
COMPLETE ADDRESS:
Insituform Texark, Inc.
17988 Edison Avenue
Chesterfield, Missouri 63005
This project will install a liner inside a 30 inch sanitary sewer main,
which crosses the Yellowhouse Canyon to the Southeast Water
Reclamation Plant. It is one of two pipelines which provide sewer
service to the north and northwest areas of Lubbock.
The Wastewater Treatment Plant Safety and Repairs budget amount for
this project is $150,000.
The low bid is $134,500 from Insituform Texark, Inc. of Chesterfield,
Missouri.
(39.) Bid #98148--Holly #1 Steam Turbine Repair (Electric Production)
On June 9th, Holly #1 steam turbine failed while being returned to
service following a brief shutdown for an annual boiler inspection. The
loss of this unit at the onset of the peak summer load period has put a
great strain on our remaining generation equipment. Staff has also
incurred additional costs as a result of having on occasion to purchase
emergency power at $100 per megawatt.
Regular City Council Meeting
August 13, 1998
Page 49
In view of the urgency to return this unit to service and restore system
availability to an acceptable level emergency bids were obtained from
qualified bidders for repair of the turbine. The low bid was received
from Contract Services of Odessa, Texas in the amount of $242,662.
Due to the urgency to return Holly 1 to service and restore system
availability to an acceptable level, emergency bids were also obtained
from qualified bidders for re -assembly of the turbine on a round-the-
clock basis. General Electric of Dallas, Texas and OSI of Houston,
Texas submitted bids of $62,000. However, it is staff's opinion that the
original equipment manufacturer, General Electric, is better qualified to
perform this work based on their knowledge and experience with the
equipment. Therefore, staff recommended award of the bid in the
amount of $62,000 to General Electric of Dallas, Texas.
(40.) Bid #98157--Emergency Landfill Equipment Repair (Fleet Services)
This bid is for emergency repairs made to a D-9 Cat Scraper by West
Texas Equipment, the local Caterpillar dealer and authorized repair
facility. An authorized Caterpillar dealer is the only repair facility that
would be able to do the needed repairs to this particular piece of
equipment. West Texas Equipment is the only authorized Caterpillar
facility in Lubbock
The equipment Maintenance and Repairs budget amount is $427,906.
West Texas Equipment of Lubbock, Texas performed the repairs at a
cost of 31,323.42.
(41.) Bid #98158--Supervisory Control and Data Acquisition Remote
Terminal Units and Equipment (Electric Distribution)
This sole source procurement will provide for the purchase of three
7050B Remote Terminal Units (RTU's) with ACS-7000 Protoco. This
purchase is sole source because of the Advanced Control Systems
proprietary protocol.
These RTU's will replace existing RTU's that are past their life
expectancy and are requiring higher repair costs. Replacing these RTU's
will enable Lubbock Power and Light to monitor Sequence of Events and
also enable the utilization of the fiber optics system.
The LP&L Fiber RTU Upgrade budget amount is $50,000.
The vendor is Advanced Control Systems in Norcross, GA at a cost of
$48,000.
Staff recommended award of each of the bids to the bidder as indicated
on the tabsheets.
REGULAR AGENDA
SECOND READING ORDINANCES
(42.) Ordinance No. 10078/Zone Case No. 2818 (north of 4th Street
between Avenue F and I-27): Request of PDG, Inc. (for Flying J,
Inc.) for zoning change from R-3 to IHI on a portion of land out of
Section 79, Block A (second and final reading).
Regular City Council Meeting
August 13, 1998
Page 50
ORDINANCE NO. 10078
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2818: A ZONING CHANGE FROM R-3 TO IHI,
ZONING ON A PORTION OF LAND OUT OF SECTION 79, BLOCK A,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to pass on second and final reading
Ordinance No. 10078 as recommended by staff. Motion carried: 6 Yeas,
0 Nays. Councilmember McDougal recused himself.
Immediately following this item, Items No. 52, 53 and 54 were
considered.
3:39 P. M. COUNCIL RECESSED
5:00 P. M. COUNCIL RECONVENED
Councilmember Nelson gave his Top Ten List.
Immediately following, Items No. 55 through 59 were considered.
PUBLIC HEARINGS, ZONING
(43.) Zone Case No. 2817 (2908 Colgate): Hold a public hearing to
consider the request of the Community Development Department (for
the Urban Renewal Agency of the City of Lubbock) for zoning
change from C-3 to R-1 on Lots 35 and 36, Block 1, Maddox
Addition, and to consider ordinance.
Bob Cass, City Manager, advised Council that the Community
Development Department had requested a continuance of Items No. 43
and 44.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to continue Items No. 43 and 44 until the
September 10, 1998 City Council Meeting. Motion carried: 7 Yeas,
0 Nays.
(44.) Hold a public hearing to consider a proposed ordinance amending
Urban Renewal Plan No. 7 from existing Commercial Land Use to
Residential on existing residential property at 2908 Colgate Street in
the Arnett Benson Urban Renewal Area.
See Item No. 43 for comments/action.
PUBLIC HEARINGS, BUDGET
(45.) Hold a public hearing on proposal to increase tax revenues for Fiscal
Year 1998-99.
Mayor Sitton opened the public hearing at 5:12 p.m.
Anna Mosqueda, Director of Management Services, presented staff
comments.
One citizen, Mikel Ward, spoke at the public hearing.
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Regular City Council Meeting
August 13, 1998
Page 51
Mayor Sitton closed the hearing at 5:21 p.m.
As a result of changes passed during the last legislative session, all
entities that levy property taxes will see changes in the process for
adopting/levying taxes.
In past years, taxing entities had the latitude of adopting and levying a
tax rate of up to 3 % above the effective rate (that rate which will
generate the same amount of revenue for the same property on the tax
rolls as the prior year) without requiring publication of notices and a
hearing to announce a tax increase. This allowed for moderate growth of
up to 3 % over the effective rate in order to offset increased cost of
services for delivery of additional services in a growing community.
However, as a result of the passage of Senate Bill 841 during the 75'
Legislative Session, state law now requires that notices be published and
a public hearing be held (in addition to the regular budget notice and
public hearing process) for ANY increase in property tax revenue
received. Even if there is no change in the property tax rate, and
regardless of whether or not the increase in revenue is a result of re-
valuations or new improvements, the notice and hearing process must be
followed. The 3 % allowance above the effective rate has been deleted.
Truth -in -Taxation laws very strictly regulate the calculation, the form for
public notices as well as the timetable for public hearing on the tax rate
proposal and adoption of tax rate. Unless legislation changes in the
future, this process will be a routine part of the annual budget adoption
process. The notice and hearing process will be required unless a
community is in a decline and there is no new growth or re -valuation in a
community or a governing body elects to establish a tax rate that does
not allow for any increase to provide services.
For the budget currently under discussion for FY 1998-99 there is no
change over prior year on the tax rate which is being proposed. It
remains at 58 cents per $100 valuation. If there had not been changes to
the state law, the rate proposed would NOT have required a notice and
public hearing process, since the proposed rate would have been under
the 3 % window previously allowed. However, because of increases in
valuation of some existing properties and new growth, the City of
Lubbock will see more property tax revenues.
This year's total taxable value as certified by the Chief Appraiser is
$6,029,962,574 versus $5,816,089,169 for last year. With a tax rate of
58 cents per $100 valuation, this results in property tax revenues of
$34,973,783 versus $33,741,296 generated last year; an increase of
3.65% or $1,232,487.
Taxable value of new improvement totals $121,445,723 and re-
valuations and other changes totaled $92,427,782. Revenue from new
improvements is $704,385, while revenue from re -valuations and other
changes is $536,081.
As Council may recall, the preliminary budget submitted to you in early
July was based on estimated values from Lubbock Central Appraisal
District of $6,002,500,000. The certified tax roll amount totaling
$6,029,962,574 was received on July 27. The change in taxable value
results in an $148,089 in revenue to the General Fund that was not
included in the July 8 budget proposal. Staff recommended that the
additional revenues be placed into the contingency reserve for economic
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Regular City Council Meeting
August 13, 1998
Page 52
development purposes, however, the Council may choose to allocate as
they deem appropriate.
As part of the new notice and hearing process, the first required
published notice appeared in the August 4 issue of the Avalanche Journal
as required. The public hearing held today allowed citizen input on the
proposal to set a tax rate of 58 cents per $100 valuation, which Council
voted on at its Council meeting of July 30, and fulfilled the public
hearing requirements under the new truth -in -taxation requirements.
The remainder of the schedule is as follows:
August 20:
Publish "Notice of Vote on Tax Rate". This will be the second quarter
paid ad to be published which informs tax payers that a public hearing
was held on the proposal and set the date of the public meeting at which
the Council will vote to adopt and levy tax rate.
Augus` 27:
At its regular Council Meeting, second reading of ordinances to:
■ Adopt Budget
■ Adopt and Levy Tax Rate
■ Adopt Solid Waste Rates and TMRS Ordinance(s)
The only action required by Council following this public hearing was
that they set the date of the public meeting on which they will be
adopting the tax rate proposed. That meeting MUST be held no less
than 3 days and no more than 14 days after the public hearing. That date
is currently set for August 27 at the regular City Council meeting.
5:21 P. M. COUNCIL RECESSED
5:31 P. M. COUNCIL RECONVENED
(46.) Hold a public hearing on the proposed Fiscal Year 1998-99 budget
for the City of Lubbock.
Mayor Sitton opened the public hearing at 5:32 p.m.
Anna Mosqueda, Director of Management Services, presented staff
comments.
Eleven citizens spoke at the public hearing. They were:
Barry Orr, Chair, Economic Development Task Force
Judi Blakey, Lubbock United Neighborhood Association (LUNA)
Ada Rummel, LUNA
Dennis Howard, Lubbock Professional Fire Fighters Association
Ken Phillips
Cecil Puryear
Cindy Lucas, Lubbock Regional MHMR Center
Wayne Hollinshead, MHMR
Mikel Ward, SPARTAN
Bruce Austin
Loran Partigianoni
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Regular City Council Meeting
August 13, 1998
Page 53
Mayor Sitton closed the hearing at 6:44 p.m.
A public hearing was posted and notices published as required by state
law to allow for taxpayers comment on the proposed FY 1998-99
Budget. Following is a summary:
Budget was filed with City Secretary's Office as required by state law
and also made available for public review at the City Libraries and
Community Centers.
The Budget complies with all legal requirements and all mandatory
notices have been published.
No increase is proposed in the property tax rate; it remains at 58 cents
per $100 valuation.
Reduction of 10 cents in Solid Waste Residential Collection rate is
proposed. No utility rate increases are proposed.
A Community Investment Fund was established by 1 % of gross revenues
from those Enterprise Funds that benefit from community growth as well
as the General Fund contingency reserve. This will be held in a separate
fund and will be for economic development projects as approved by
Council, not for personnel or operating expenditures. At the end of each
fiscal year the transfers will be made subject to extraordinary events
endangering the integrity of each fund.
GENERAL FUND:
The rate of 58 cents per $100 valuation (which was same as that adopted
last year) will raise additional revenue as a result of re -valuations and
new growth. This year's total taxable value as certified by Lubbock
Central Appraisal District is $6,029,962,574 versus $5,816,089,169 for
last year. This will result in a 3.65 % increase in total revenue over last
year.
Preliminary budget revenues, as submitted for Council review in early
July, were based on a preliminary estimate of $6,002,500,000 from
LCAD. The change in total taxable value resulted in an additional
$148,089 budget for the General Fund. This amount has been added to
the contingency reserve for economic development purposes, however it
can be allocated as Council deems appropriate.
With the additional revenue, total General Fund Expenditure Budget is
$83,784,709 comprised of $81,284,709 plus $2,500,000 for one time
fund balance utilization for Lubbock Reese Reuse Authority. This is a
decrease of $934 over last year's original General Fund Budget of
$83,785,643.
ENTERPRISE FUNDS:
There have been no changes to the Enterprise Fund budgets since
Council work session discussions in early July. As a result of system
growth and/or increase in customer base the enterprise funds will see a
total increase of $7.5 million over last year's original budget. Totals are
as follows:
Electric - $72,185,905; a $7,537,716 increase
Water - $27,131,861; a $48,127 decrease
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Regular City Council Meeting
August 13, 1998
Page 54
Sewer - $16,427,699; a $484,033 increase
Solid Waste - $17,173,811; a $252,141 decrease
Airport - $4,936,400; a $142,400 increase
Transit (Citibus) - $879,200 contribution from General Fund remains the
same
Storm Water - $1,840,107; a $19,607 increase
OTHER FUNDS:
Economic Development - $1,867,489, a $99,949 increase
Debt Service - $20,735,410; a $263,518 increase
Included with Council agenda books is a copy of the Proposed Budget
for FY 1998-99.
The public hearing allowed for citizen comment on the FY 1998-99
Budget. After closing the public hearing, on the agenda for Council
action was the first reading of ordinances adopting the budget and
adopting/levying the tax rate. The budget ordinance must be considered
first, followed by the ordinance on the tax rate. In addition, first
readings of the following ordinances were on the agenda for Council
action: an ordinance reducing the Solid Waste Residential collection rate
by 10 cents; and an ordinance increasing Texas Municipal Retirement
System service annuities for retirees.
(47.) Set date for public meeting to adopt and levy tax rate for Fiscal Year
1998-99.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to set August 27, 1998 at 10:30 a.m. for the
public meeting. Motion carried: 7 Yeas, 0 Nays.
(48.) Consider Ordinance No. 10084 approving and adopting a budget for
Fiscal Year 1998-99 for the City of Lubbock (first reading).
ORDINANCE NO. 10084
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR
FISCAL YEAR 1998-99 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE
FUNDS FOR THE 1998-99 FISCAL YEAR BUDGET OF THE CITY OF
LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND
PROVIDING FOR A SAVINGS CLAUSE.
The City of Lubbock Charter requires two readings of ordinances. This
is the first reading of the ordinance adopting the budget for the City of
Lubbock for Fiscal Year 1998-99. The budget ordinance must be
considered first followed by the ordinance on the tax rate. The
ordinance will be placed on the August 27 Council agenda for the second
reading and adoption or budget.
Staff recommended approval.
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Regular City Council Meeting
August 13, 1998
Page 55
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10084
with the one exception that we include the $28,000 for the Lubbock
United Neighborhood Association, but instruct the City Manager to
find those funds within the framework of the budget, and that this is
a one-time funding amount. Motion carried: 7 Yeas, 0 Nays.
(49.) Consider Ordinance No. 10085 setting the tax rate and levying a tax
upon all property subject to taxation within the City of Lubbock,
Texas for the year 1998 (first reading).
ORDINANCE NO. 10085
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX
UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF
LUBBOCK, TEXAS, FOR THE YEAR 1998, APPORTIONING SAID LEVY
AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE
RAISED; FIXING THE TIMES IN WHICH SAID TAXES BE PAID AND
ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
The City of Lubbock Charter requires two readings of an ordinance.
This is the first reading of the ordinance adopting and levying a tax rate
for the City of Lubbock for Fiscal Year 1998-99. The budget ordinance
must be considered first followed by the ordinance adopting and levying
a tax rate. The ordinance will be placed on the August 27 Council
agenda for the second reading to adopt and levy the tax rate.
The tax rate proposed is 58 cents per $100 valuation based on a tax roll
of $6,029,962,574 as certified by the Chief Appraiser of the Lubbock
Central Appraisal District and is to be distributed as follows:
Debt: .13309
Economic Development: .03000
M&O: .41691
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10085
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(50.) Consider Ordinance No. 10086 amending Chapter 23 of the Code of
Ordinances of the City of Lubbock with regard to fees for solid waste
collection (first reading).
ORDINANCE NO. 10086
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES
FOR SOLID WASTE COLLECTION; PROVIDING FOR A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The City of Lubbock Charter requires two readings of an ordinance.
This is the first reading of an ordinance reducing the monthly Solid
Waste residential collection rate from $11 per month to $10.90 per
month effective October 1, 1998. The ordinance will be place on the
August 27 Council agenda for the second reading.
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Regular City Council Meeting
August 13, 1998
Page 56
In May of this year, the contract for Solid Waste Residential Collection
in District 3 was re -bid. For the past three years, solid waste collection
had been provided to District 3 by a private hauler (BFI) who had been
the successful bidder when collection services for the District were bid.
The City of Lubbock was the successful bidder when District 3 was re-
bid in May. As a result of savings to be realized from the change in
service provider, the Solid Waste Department is passing along a portion
of those saving by reducing the rate paid for residential collection.
Anna Mosqueda, Director of Management Services, presented staff
comments.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10086 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(51.) Consider Ordinance No. 10087 to authorize a repeating annual
increase equal to 40% of the change in the Consumer Price Index for
retirement annuities under the Texas Municipal Retirement System
(TMRS) (first reading).
ORDINANCE NO. 10087
AN ORDINANCE PROVIDING FOR INCREASE PRIOR AND CURRENT
SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF
DECEASED RETIREES OF THE CITY OF LUBBOCK, AND ESTABLISHING AN
EFFECTIVE DATE FOR THE ORDINANCE.
Several years ago, the City Council adopted an ordinance authorizing an
annual repeating increase of 30% of CPI change to retirement annuities.
Representatives of the retirees' association have requested that the City
increase this to 70% of CPI change. Due to budgetary constraints, staff
proposed 40%.
If adopted, an individual annuity amount under TMRS will increase by
40% of the total increase in the Consumer Price Index, less any
previously granted increases. Total change in CPI is calculated for the
period beginning on the effective date of retirement and ending 13
months prior to the effective date of the increase. The increase will be
effective January 1, 1999.
The 40% of CPI increase will add 0.19 % to the City's contribution rate
effective January 1, 1999. This represents an increased cost of
approximately $75,862 for FY 1998-99.
The increase to the City's contribution rate in future years will be lower.
The additions to the City's contribution rate for the 30 % of CPI increase,
beginning with the second year of increase, have ranged from .04 to .09
percent.
Staff recommended that Council approve this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10087
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
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Page 57
BOARD APPOINTMENTS
(52.) Consider Resolution No. 5971 making one appointment to the
Canadian River Municipal Water Authority Board.
RESOLUTION NO. 5971
WHEREAS, the City Council of the City of Lubbock, Texas heretofore
appointed Bobby Rodgers to serve as a member of the Board of Directors of the
CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending
July 31, 1998 pursuant to the provisions of Chapter 243 of the laws passed by the
Regular Session of the Texas Legislature in 1953; and
WHEREAS, such office has now become vacant by reason of the expiration of
the term of the aforesaid appointee; and
WHEREAS, in the performance of its duty under Texas law, this City Council
desires to appoint a person qualified to fill the vacancy occasioned by the expiration of
such term; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Bobby Rodgers, a qualified voter and property owning
taxpayer of the City of Lubbock, who is not a member of the governing body or an
employee of said City, be and is hereby reappointed to the Board of Directors of the
CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending
July 31, 2000.
SECTION 2. THAT the director appointed as aforesaid shall be certified to the
Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY
by the Mayor of this City and shall otherwise qualify in the manner prescribed by
Texas Law.
Passed by City Council this 13th day of August, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Certification of Director is filed with Resolution No. 5971.
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Regular City Council Meeting
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Page 58
Each of the 11 member cities of the Canadian River Municipal Water
Authority are entitled to appoint directors to serve on the Board of
Directors of the Authority. Due to Lubbock's population, it has two
director positions. The length of each term is two years, and there is no
limit to the number of reappointments. Bobby Rodgers' initial term
expired July 31, 1998. Mr. Rogers was first appointed August 8, 1996.
The Appointments Advisory Board and staff recommended that Mr.
Bobby Rodgers be appointed to the Canadian River Municipal Water
Authority Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass Resolution No. 5971 appointing Bobby
Rodgers to the Canadian River Municipal Water Authority Board.
Motion carried: 7 Yeas, 0 Nays.
(53.) Consider two appointments to the Mental Health Mental
Retardation's Public Responsibility Committee.
All committee members' terms have the common expiration date of
August 31 with the terms staggered. The City of Lubbock has three
positions on this committee. A term is two years, and a committee
member can serve no more than three consecutive terms. Jay Matsler
was appointed January 1995 and is currently serving his second term.
Shirley McManigal was appointed November 1996 and is currently
serving her first term. Both are eligible to serve another term and have
indicated an interest in doing so.
The Appointments Advisory Board and staff recommended that Mr. Jay
Matsler and Dr. Shirley McManigal be appointed to the MHMR's Public
Responsibility Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Jay Matsler and Dr. Shirley McManigal
to the MHMR Public Responsibility Committee. Motion carried:
7 Yeas, 0 Nays.
(54.) Consider three appointments to the Mental Health Mental
Retardation Board of Trustees.
All board members' terms have the common expiration date of August
31 with the terms staggered. The City of Lubbock has three positions on
the board. The terms are two-year terms with a limit of four complete
terms.
Jim Bertram was appointed October 10, 1996 and is completing his first
term.
Wayne Hollinshead was appointed October 13, 1994 and is completing
his second term.
Brian Shannon was appointed August 14, 1992 and is completing his
third term.
The Appointments Advisory Board and staff recommended that Mr. Jim
Bertram, Mr. Wayne Hollinshead, and Mr. Brian Shannon be appointed
to the MHMR Board of Trustees.
Regular City Council Meeting
August 13, 1998
Page 59
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to appoint Jim Bertram, Wayne Hollinshead, and
Brian Shannon to the MHMR Board of Trustees. Motion carried:
7 Yeas, 0 Nays.
(55.) Confirm the appointment of Allen Teinert to the Board of Electrical
Examiners.
(56.) Confirm the appointments of Byrnie Bass, Tina Fuentes, and Cindy
Snell to the Culture and Arts Commission.
(57.) Confirm the appointments of Dr. John Bowen, Elroy Carson, and
Marciano Morales to the Electric Utility Board.
(58.) Confirm the appointment of Floyd "Stumpy" Greer to the Airport
Board.
(59.) Confirm the appointment of Scott Fanning to the Building Board of
Appeals.
The citizens referenced above were selected for service during the City
Council Executive Session of June 25, 1998. They have all been
contacted and have agreed to serve.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to confirm all appointments of board
members. Motion carried: 7 Yeas, 0 Nays.
6:57 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: 7 Yeas, 0 Nays. �-
ATTEST:
' 4R
Kaytl�iDarnell, City Secretary
Read and approved this 9"& day of , PM.
JJ�7
WINDY SIT N; OR
ATTEST:
Kayl 'e Darnell, City Secretary
59