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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). 20 Regular City Council Meeting 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. 21 Regular City Council Meeting August 13, 1998 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: 22 Regular City Council Meeting August 13, 1998 Page 23 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. 23 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). 24 Regular City Council Meeting August 13, 1998 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 25 Regular City Council Meeting August 13, 1998 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. 26 Regular City Council Meeting August 13, 1998 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. 27 Regular City Council Meeting August 13, 1998 Page 28 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. 29 Regular City Council Meeting August 13, 1998 Page 30 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. 30 Regular City Council Meeting August 13, 1998 Page 31 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: 31 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. 32 Regular City Council Meeting August 13, 1998 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. 33 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. 34 Regular City Council Meeting August 13, 1998 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. 35 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. W Regular City Council Meeting August 13, 1998 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. 37 Regular City Council Meeting 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. cW Regular City Council Meeting August 13, 1998 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) 39 Regular City Council Meeting August 13, 1998 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. 41 Regular City Council Meeting August 13, 1998 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. 42 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. 43 Regular City Council Meeting August 13, 1998 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 45 Regular City Council Meeting 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. 50 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 51 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 52 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 53 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. 54 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. 55 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. 9� Regular City Council Meeting August 13, 1998 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. 57 Regular City Council Meeting August 13, 1998 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