HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 12, 1999
12:00 Noon
The City Council of the City of Lubbock, Texas met in regular session on the 12th
day of August, 1999, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 12:00 Noon.
12:04 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, Councilmember David Nelson, and
Councilmember T. J. Patterson
CITIZEN COMMENTS
Two citizens expressed comments to the Council. They were:
Marshall Fox; and
R. C. "Buddy" Strong.
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
(Airport; Information Technology; Lubbock Power & Light; Police
Department; Solid Waste; Storm Water Utility); personnel matters
regarding duties, responsibilities, and/or appointments (Boards and
Commissions); and to deliberate the purchase, exchange, lease, or value
of real property (Right -of -Way).
12:16 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Airport; Information Technology; Lubbock Power &
Light; Police Department; Solid Waste; Storm Water Utility).
( 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:
Building Board of Appeals
Libraries Board
Planning and Zoning Commission
Youth Commission
Zoning Board of Adjustment
Regular City Council Meeting
August 12, 1999
Page 30
( 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 (Right -of -Way).
2:33 P. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(5.) Presentation on Civic Services Division user fees by Tommy
Gonzalez, Director of Civic Services.
During budget discussions, Mayor Sitton requested a presentation on the
user fees assessed by the Civic Services division, specifically relating to
the Civic Center, Coliseum, and Auditorium. To this end, staff
presented an overview of all user fees for the Civic Center, Coliseum,
Auditorium, Fine Arts, Parks and Recreation, and the Libraries.
As cost recovery has been a focal point in recent years, user fees have
been examined closely and scrutinized to ensure staff is endeavoring to
recover costs for services rendered. Different cities have varying
degrees of priority on recovering costs for their respective services. As
a result, there are different management priorities placed on recovering
costs for neighboring cities and those located around the state. With this
in mind, a survey was conducted to compare our charges at the Civic
Center/Auditorium Coliseum with other cities.
The presentation examined how user fees are assessed, increases in
recent years, and how these fees are used to offset services rendered to
specific groups.
3:30 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; Anita
Burgess, City Attorney; and Kaythie Darnell, City Secretary
Absent: None
Mayor Sitton called the meeting to order at 3:30 P. M.
( 6.) Bishop Placido Rodriguez gave the invocation.
( 7.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Electric Utility Board
Receiving: Ken Jones
Robert Massengale
Board of Health
Receiving: Chris Lonngren
MHMR Public Responsibility Committee
Receiving: Esmeralda Benitez
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August 12, 1999
Page 31
CITIZEN APPEARANCES
( 8.) Presentation of special recognition to Eddie Richardson for his
efforts with the Juneteenth Celebration.
Recently, Eddie Richardson, Co -Publisher of the Southwest Digest, was
presented with the Al Edwards Emancipator Award during the National
Juneteenth USA Association Ceremony in Austin, Texas. Juneteenth
Celebrations were held informally for 114 years until Texas State
Representative Al Edwards authored legislation in 1978, which made
June 19th a legal state holiday in celebration of Juneteenth. Juneteenth
commemorates the day General Gordon Grainger arrived at Galveston
Bay, June 19, 1865, to issue General Order #3-Emancipation.
Eddie Richardson was one of six individuals honored with this
prestigious award named after State Representative Al Edwards. The
award is given by the Texas Emancipation Juneteenth Cultural and
Historical Commission, which is part of the National Association. Eddie
Richardson has been instrumental in organizing and promoting
Lubbock's Juneteenth Celebration, and his hard work has resulted in this
national and state recognition.
Because of this recognition and because of Eddie Richardson's efforts to
champion the celebration of Juneteenth in Lubbock, Texas, the City
Council presented him with this Special Recognition.
Eddie Richardson was recognized for his efforts in organizing Lubbock's
Juneteenth Celebration, an effort that has gained state and national
recognition. Mr. Richardson's mother, Helen Hereford, was also
present for this recognition.
The first item considered was Item No. 84.
CONSENT AGENDA (Items No. 9 - 39, 40 - 64)
The consent agenda was considered following Item No. 79.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
( 9.) Approval of the minutes of the Regular City Council Meetings of
June 24, 1999; June 30, 1999; July 1, 1999; and the Special City
Council Meeting of July 27, 1999.
(10.) Ordinance No. 10166-Abandoning and closing portions of a
temporary underground utility line easement and a temporary switch
enclosure and transformer pad easement located in Section 36, Block
A-K and adjacent to Tract "A" Womble Addition to the City of
Lubbock (5810 Spur 327)(second and final reading).
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Page 32
ORDINANCE NO. 10166
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A
TEMPORARY UNDERGROUND UTILITY LINE EASEMENT AND A
TEMPORARY SWITCH ENCLOSURE AND TRANSFORMER PAD EASEMENT
LOCATED IN SECTION 36, BLOCK A-K, AND ADJACENT TO TRACT "A"
WOMBLE ADDITION, 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.
(11.) Ordinance No. 10167—Amending Chapter 1 of the Code of
Ordinances, General Provisions by deleting provision that prohibits
arrest, providing that the person charged with a violation of the City
Code or ordinance be held accountable on written promise to appear
(second and final reading).
ORDINANCE NO. 10167
AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, GENERAL PROVISIONS,
SECTION 1-4, BY REPEALING SUBPARAGRAPH (c) PROHIBITING ARREST
AND PROVIDING THAT THE PERSON CHARGED BE HELD ACCOUNTABLE
ON WRITTEN PROMISE TO APPEAR; RE -DESIGNATING SUBPARAGRAPHS
(d) and (e), as (c) and (d) RESPECTIVELY; PROVIDING A SEVERABILITY AND
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND, ESTABLISHING
AN EFFECTIVE DATE.
(12.) Ordinance No. 10171—Zone Case No. 2846 (south of 82nd Street and
west of Quincy): Request of S. A. Carley (for Word Aflame Church)
for a zoning change from T to A-2 limited to a church and church
related uses on 4.89 acres of land out of Section 27, Block AK
(second and final reading).
ORDINANCE NO. 10171
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2846; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH RELATED USES ON 4.89 ACRES OF LAND
OUT OF SECTION 27, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(13.) Ordinance No. 10172—Zone Case No. 2526-B (north of 98th Street
and east of Indiana): Request of Indiana Avenue Baptist Church for
a zoning change from C-2 to A-2 limited to church and church
related uses on Section 13, Block E-2 (second and final reading).
ORDINANCE NO. 10172
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2526-13; A ZONING CHANGE FROM C-2 TO A-2
ZONING LIMITED TO CHURCH RELATED USES ON SECTION 13, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(14.) Ordinance No. 10173—Amending the Zoning Code to add four new
Central Business District zoning districts (second and final reading).
ORDINANCE NO. 10173
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-19 ENTITLED "CB CENTRAL BUSINESS DISTRICT"
TO ESTABLISH ZONING DISTRICT "CB-1 WEST BROADWAY"; BY ADDING
SECTION 29-19.1 ENTITLED "CB-2 CENTRAL BUSINESS DISTRICT
BROADWAY/ 1 3TH/MAIN" ESTABLISHING A SECOND NEW ZONING
DISTRICT; BY ADDING SECTION 29-19.2 ENTITLED "CB-3 CENTRAL
BUSINESS DISTRICT GENERAL" ESTABLISHING A THIRD NEW ZONING
DISTRICT; BY ADDING SECTION 29-19.3 ENTITLED "CB-4 DEPOT DISTRICT"
ESTABLISHING A FOURTH NEW ZONING DISTRICT; BY AMENDING
SECTION 29-3, ENTITLED "DEFINITIONS" TO ADD SECTIONS 29-3 (6a) AND
(9a) AND TO AMEND THE DEFINITION OF CANOPY AT SECTION 29-3 (24);
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(15.) Ordinance No. 10174—Amending the Subdivision Regulations
relating to residential street width standards as to same and
amending the required sidewalk location/width in residential districts
(second and final reading) .
ORDINANCE NO. 10174
AN ORDINANCE AMENDING CHAPTERS 24 AND 25 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
SIDEWALK AND STREET WIDTH STANDARDS FOR RESIDENTIAL STREETS;
PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
(16.) Ordinance No. 10176—Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to the publication of
industrial users that are in significant non-compliance and revising
the industrial pre-treatment administrative procedures (first
reading).
ORDINANCE NO. 10176
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO FEES
FOR SEPTIC TANK EMPTYING FEES; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The City of Lubbock National Pollution Discharge Elimination System
(NPDES) permit requires that the pre-treatment program publish
significant non -compliant industrial users in a newspaper of general
circulation. The administrative procedures found in Chapter 28 of the
Code of Ordinances of the City of Lubbock are being revised to include
the citation from the Code of Federal Regulations requiring the City do
so.
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Regular City Council Meeting
August 12, 1999
Page 34
Currently, the administrative procedure for notifying industrial users of
violations of the pre-treatment ordinance requires the following: (1) the
first violation requires that an automatic notice of non-compliance be
issued; (2) a second violation requires that a notice of continuing
violation be issued; and (3) a third violation requires that a citation be
issued.
The purpose of this amendment is to allow, depending on the severity of
the violation and number of previous violations, a phone call and/or a
letter of concern for first violations and issuance of a warning notice or
violation notice for successive violations before a citation is issued.
Staff recommended the passage of this ordinance.
(17.) Ordinance No. 10177—Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to updating the
Water Conservation and Drought Contingency Plans (first reading).
ORDINANCE NO. 10177
AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER
CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO
PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING
CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR
SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS
($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00)
PER DAY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF
THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR
DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE
PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER
CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING
OTHER MATTERS RELATED TO THE FOREGOING.
In 1991, the City implemented the Water Conservation and Drought
Contingency Plan as a requirement for receiving State Revolving Funds
for the rehabilitation and expansion of the Southeast Water Reclamation
Plant.
The recent passage of Senate Bill 1 requires all community water
systems with Water Conservation and Drought Contingency Plans to
review and make necessary revisions to said plans at least once every
five years.
There are no major changes to the Water Conservation Plan. Only the
format of the document has been changed to meet Senate Bill 1
requirements.
Major changes to the Drought Contingency Plan are: (1) formatting to
meet Senate Bill 1 requirements; (2) redefining the maximum safe
capacity of the public water system; and (3) revising the initiation
requirements that determine drought stages and water -use restrictions.
As required by Senate Bill 1, a public meeting was held on Monday,
July 26, 1999 to encourage public input. The plans were also posted on
the Internet. No comments were received.
Staff recommended the passage of this ordinance.
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August 12, 1999
Page 35
(18.) Ordinance No. 10178—Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to establishing
minimum excavation markings of proposed excavation sites (first
reading) .
ORDINANCE NO. 10178
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW
SECTION 28-15 WITH REGARD TO THE MARKING OF PROPOSED
EXCAVATION SITES PRIOR TO LOCATION OF UTILITIES LOCATED
THEREIN; BY ADDING DEFINITIONS "EXCAVATOR" AND "EXCAVATE" OR
"EXCAVATION"; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE
In an effort to prevent disruption of service to customers as a result of
damaged or cut utility lines, the State of Texas has adopted by legislative
vote and enacted into law House Bill 2295 (HB 2295) which requires an
excavator to notify a "one -call" center prior to excavation. In addition,
HB 2295 requires all notified utilities to accurately locate and mark
owned underground utilities within the proposed excavation site within
48 hours of notification by the "one -call" center.
However, HB 2295 only recommended that excavators mark proposed
excavation sites. As a result, not all proposed excavation sites are
accurately marked, leading to confusion on behalf of the utility as to the
extent to which underground utilities should be marked and frustration
on behalf of the excavator because, in the opinion of the excavator,
underground utilities were not marked accurately.
The purpose of this ordinance is to establish minimum excavation
markings for any excavator proposing to excavate within Lubbock's city
limits. This ordinance establishes (1) clearly defined marking
requirements for all excavators working within the city limits; (2) a
minimum and a maximum amount of time for requesting an underground
utility locate; and (3) a mechanism by which the utility is reimbursed for
all actual costs of repairing any damaged underground utilities, including
loss of revenue.
In addition to assisting the City of Lubbock in complying with the
requirements of HB 2295, other benefits of this ordinance include (1)
preventing inconvenience to our citizens as a result of water and sewer
line cuts; (2) reducing the number of times the utility locator must return
to the same proposed excavation site; which (3) reduces the need for
additional personnel and equipment.
Staff recommended the passage of this ordinance.
(19.) Resolution No. 6429 authorizing the Right -of -Way Department to
make an offer to C. Reed Richardson and wife, Nora Richardson,
for permanent and working waterline easements in Section 26, Block
A-K, Lubbock County, Texas (9010 Upland Avenue).
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Page 36
RESOLUTION NO. 6429
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal and public use and purposes, to -wit: for underground
water line easements in the southwest Lubbock annexation area, and the City Council of
said City finds it in the public interest and for public purposes and municipal purposes
to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the permanent and working easements to each of the
following described parcel of land located in Lubbock County, Texas be acquired for
public purposes and municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
12 C. Reed Richardson and wife, Nora $5,510.00
Richardson
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 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 granting of permanent and working easements, including all legal
obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City Attorney of said City
of Lubbock is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the easement title to any or all such parcel as
hereinabove described for public purposes and municipal purposes.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
Copies of Exhibits "A" and "B" are filed with Resolution No. 6429.
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August 12, 1999
Page 37
The City of Lubbock recently annexed several sections of land in
Southwest Lubbock. The Water Utilities Department has been
constructing new water lines in this area to serve the property owners.
The majority of the property owners in this area have worked with the
City and given us easements, if requested, for these water lines, many at
no cost.
Water Utilities needs two 10-foot permanent easements and two 30-foot
working easements across property owned by Mr. and Mrs. Richardson
just to the west of 90th and Upland Avenue. These water lines will
connect the West 82nd Business Park Addition to the north with the
Regency Park Addition to the south. Tommy Cantrell, MAI, has
appraised these easements at $5,510, which is our offer to the
Richardsons .
This resolution authorizes the Right -of -Way Department to offer the
property owners this appraised amount and if refused, institute
condemnation proceedings to acquire these easements.
The Right -of -Way Department recommended the approval of this offer to
the Richardsons.
(20.) Resolution No. 6430 authorizing the Mayor to execute a right-of-way
easement for a City water line located on the Texas A&M University
Agricultural Research and Extension Center (north of Airport).
RESOLUTION NO. 6430
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 Right -of -Way Easement
and associated documents for a water line located on the Texas A&M University
Agricultural Research and Extension Center, by and between the City of Lubbock and
Texas A&M University System. Said easement is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
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Regular City Council Meeting
August 12, 1999
Page 38
A copy of the Right -of -Way Easement is filed with Resolution No. 6430.
Several years ago the City constructed a water line running northward
from the airport to the Texas A&M Ag Research Center. This water
line serves the main offices of the research center with City water. The
City entered into a ten-year water line agreement with Texas A&M for
this line and this original agreement has expired. This new easement
will allow the City's water line to remain on A&M property for an
additional ten years. The City will not be charged for this easement.
The Right -of -Way Department recommended approval of this easement
with Texas A&M.
(21.) Resolution No. 6431 authorizing the Mayor to execute a monitor well
permit with Omega Environmental, Inc. for use of the City street
(1701 East 26th Street).
RESOLUTION NO. 6431
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License
and/or City Public Grounds Monitor Well Permit, with associated documents, between
the City of Lubbock and Omega Environmental, Inc. 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 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Monitor Well Permit is filed with Resolution No. 6431.
This monitor well permit allows Omega Environmental to drill a monitor
well in the north parkway of East 26th Street, just east of Martin Luther
King, Jr. Boulevard.
Regular City Council Meeting
August 12, 1999
Page 39
On the west side of Martin Luther King, Jr. Boulevard is a closed Town
and Country Food Store, which the TNRCC has identified as having a
leaking fuel tank, and the TNRCC has requested that monitor wells be
drilled adjacent to this store site to determine how far this fuel
contamination has spread. This permit is for 20 years, payable every
five years in advance. All utilities are in agreement and the City will
receive $100 per year for this permit.
The Right -of -Way Department recommended the issuance of this monitor
well permit.
(22.) Resolution No. 6432 authorizing the Mayor to execute a street -use
license with Lakeridge United Methodist Church for an underground
communications cable (8305 Toledo Avenue).
RESOLUTION NO. 6432
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License and
associated documents with LakeRidge United Methodist Church for an underground
communications cable. Said license is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Street Use License is filed with Resolution No. 6432.
This street -use license allows Lakeridge United Methodist Church at
4701 82nd Street to cross Toledo Avenue just south of 83rd Street with
an underground communications cable. Lakeridge recently acquired the
Wayland Baptist building at the southeast corner of 83rd Street and
Toledo Avenue and desires to connect the two buildings with their
telephone and computer network. Lakeridge will be charged the
minimum per year street -use license fee of $50 for a total due for the
first five-year term of this 20-year license of $250. All utilities are in
agreement with this license.
Regular City Council Meeting
August 12, 1999
Page 40
The Right -of -Way Department recommended the approval of this street -
use license.
(23.) Resolution No. 6433 authorizing the Mayor to execute a street -use
license with LakeRidge Development Corporation for two
underground water line crossings (8920 Salem Avenue, 4404 93rd
Drive) .
RESOLUTION NO. 6433
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License and
associated documents with LakeRidge Development Corporation for two underground
water pipelines. Said license is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Street Use License is filed with Resolution No. 6433.
This resolution allows LakeRidge Development Corporation to install
two underground water lines for irrigation purposes in the LakeRidge
Country Club Estates Addition. One water line will be placed under
Salem Avenue between 89th Street and 93rd Drive, and the other water
line will be placed under 93rd Drive just west of Quaker Avenue.
LakeRidge was the original dedicator of these streets, so there will not
be a charge for this license.
The Right -of -Way Department recommended the approval of this street -
use license.
(24.) Resolution No. 6434 authorizing the Mayor to execute a street -use
license with Tom McDonald for an outdoor dining area (1808 Buddy
Holly Avenue).
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RESOLUTION NO. 6434
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street Use License with
associated documents with Tom McDonald for an outdoor dining area with tables. 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 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Street Use License is filed with Resolution No. 6434.
Tom McDonald owns Tom's Daiquiri and the Blue Light businesses that
are on the west side of Buddy Holly Boulevard, just south of 18th Street.
Tom desires to fence in a portion of Buddy Holly Boulevard (BHB)
right-of-way with a decorative three-foot tall wrought iron fence and
have tables set in this area for drinking and dining. The area to be
fenced in measures 8.5 feet east to west by 78.00 feet north to south.
This area will be located in the concrete portion of the parkway of BHB
and will not interfere with the newly bricked portion. Pedestrian access
will not be hindered since this is a wide parkway. This license has been
reviewed by members of the City's planning and streets departments to
assure that it's d6cor will fit in the Depot District and that certain
customer rules will have to be followed.
The cost for this license will be as follows:
8.5 feet x 78 feet = 663 square feet of parkway to be fenced in. Using
the street -use license formula and adjacent land values per square foot,
the cost for this license per year will be: 663 square feet x $2.00 per
square foot = $1, 326 x 10 % = $132.60 or $663.00 per five-year term
of this 20-year license.
The Right -of -Way Department recommended the approval of this street -
use license.
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Regular City Council Meeting
August 12, 1999
Page 42
(25.) Resolution No. 6435 authorizing the Mayor to execute Amendment
#4 to Contract No. 51905F-1004 with the Texas Department of
Transportation (TxDOT) for operating assistance for Citibus.
RESOLUTION NO. 6435
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment to
Contract No. 51905F-1004 for operating assistance, between the City of Lubbock and
Texas Department of Transportation (TxDOT), and related documents. Said contract
amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox
Director of Transportation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Amendment to Contract is filed with Resolution No. 6435.
TxDOT is allocating an additional amount of $54,100 of public
transportation funds to the City of Lubbock for operating assistance to
maintain its public transportation system (Citibus), bringing the total
annual for Fiscal Year 1999 in state operating assistance to $946,952.
Amendment #4 to the original contract is effective through August 31,
1999. Acceptance of Amendment No. 4 will result in no additional cost
to the City of Lubbock.
Citibus staff recommended the approval of Amendment No. 4 to
Contract No. 541905-1004.
(26.) Resolution No. 6436 authorizing the Mayor to execute Amendment
No. 1 to Contract ALMW96225/A with Texas Tech University Health
Sciences Center for a Medical Director.
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Regular City Council Meeting
August 12, 1999
Page 43
RESOLUTION NO. 6436
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment Number 1
to an Agreement for medical services and any associated documents, between Texas
Tech University Health Sciences Center and City of Lubbock Health Department,
attached hereto, which shall be spread upon the minutes of this Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden
Public Health Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Amendment No. 1 is filed with Resolution No. 6436.
This amendment to the City's existing contract will provide the City of
Lubbock Health Department with the services of Dr. David Butler
and/or another member of its faculty if Dr. Butler is unable to fulfill his
obligations for the term of this contract. Dr. David Butler will be
replacing Dr. Farah Shah who has acted in this capacity since March
1996 but will soon be leaving the Lubbock area. Coverage under the
contract will end June 30, 2000.
The position of Medical Director enables the Health Department to
establish procedures for conducting immunization and sexually
transmitted diseases clinics, generate revenue by billing Medicaid, and
provide laboratory consultation. In the past, this position was budgeted
at $15,000 and included Health Authority responsibilities. The Health
Authority provides consultation and advice regarding surveillance and
disease containment activities and in official matters related to the local
and state health departments.
Texas law allows the State Regional Director to act as Health Authority
for local health departments. However, he may not act as Medical
Director. Therefore, it becomes necessary for the City of Lubbock to
seek the services of another physician.
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Regular City Council Meeting
August 12, 1999
Page 44
All other terms and conditions under the existing contract are to remain
in full force and effect.
In order to legally function, the City of Lubbock must have both a
Health Authority and a Medical Director. Therefore, staff recommended
approval of this resolution.
(27.) Resolution No. 6437 authorizing the Mayor to execute a contract
with the Texas Department of Health (TDH) to provide analyses of
milk samples.
RESOLUTION NO. 6437
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement, Texas
Department of Health Document No. 7560005906A-00 by and between the City of
Lubbock and the Texas Department of Health for public health services, attached hereto
and any associated documents, which Agreement shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Agreement/Contract is filed with Resolution No. 6437.
The Milk and Dairy Testing Attachment (01) to Document No.
7560005906A-00 is a part of the annual contract with the Texas
Department of Health. The Health Department Regional Laboratory is
reimbursed for laboratory analysis of milk and dairy samples at a
specified rate, depending on what kind of analysis is performed.
The Lab performs over 3,000 tests on the more than 700 samples
submitted each year. These activities include full program cost recovery
and are directly related to protection of the public. Since the lab is
reimbursed for the full cost of testing, no total dollar amount is specified
in the contract.
Regular City Council Meeting
August 12, 1999
Page 45
This program fulfills the Core Missions of Public Health —those of
Surveillance, Prevention and Laboratory support. Without the funding
from the Texas Department of Health contract, these quality control
measures would be greatly impaired and the risk of illness in Lubbock
citizens would be increased. Therefore, staff recommended approval of
the resolution.
(28.) Resolution No. 6438 authorizing the Mayor to execute a contract
with the Texas Department of Health (TDH) to provide preventive,
health promotion and direct services in the areas of epidemiology,
immunizations, tuberculosis elimination, sexually transmitted
diseases, population -based services, cancer prevention activities, and
HIV/AIDS surveillance.
RESOLUTION NO. 6438
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement, Texas
Department of Health Document No. 7560005906-2000 by and between the City of
Lubbock and the Texas Department of Health for public health services, attached hereto
and any associated documents, which Agreement shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a part
of this Resolution as if fully copied herein in detail.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Managing Director
Health and Community Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Agreement is filed with Resolution No. 6438.
This year's annual contract with the Texas Department of Health, TDH
Document No. 7560005906-2000, totals $416,032 and includes both
financial and direct assistance. This is an increase of $168,857 from last
fiscal year, due primarily to changes in the Population -Based Services
attachment. All other programs as outlined in the contract are continuing
operations from previous years. Contract distribution is as follows:
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Regular City Council Meeting
August 12, 1999
Page 46
Immunizations --Epidemiology (attachment 02). The City of Lubbock
provides an immunization clinic with the fewest barriers to service.
Activities include providing immunizations at the Health Department
clinic; outreach activities for infants, children and high risk adults in
their homes, correctional facilities, at day care centers, the South Plains
Mall, health fairs, and senior citizen centers; and investigation and
initiation of control measures for vaccine -preventable diseases. For
example, last year the Health Department scheduled over 36 clinics to
provide the flu vaccine. Staff continues to collaborate with LISD, Shots
Across Texas, TTUHSC School of Nursing, and Methodist Hospital
School of Nursing to provide Hepatitis B immunization to eligible 7th-
9th grade students. During the current fiscal year 165 clinics were
scheduled at LISD and reached 3,565 students.
Salaries and fringe benefits for a Registered Nurse, a Licensed
Vocational Nurse and a Secretary to run the program are included in this
attachment of $68,356, no change. This year the contract does not
reflect a dollar amount for the vaccine provided to the Lubbock Health
Department. During the current fiscal year, the vaccine is valued at
approximately $145,875. However, TDH will continue to provide
sufficient vaccine to meet our needs, at no cost to the City.
Preventing diseases by the use of vaccine is considered a core service of
Public Health, and good public health practice provides that you do not
miss an opportunity to vaccinate a child when you have a chance. Many
parents do not think about immunizing their children until they take them
to school at five years of age. Therefore, providing immunizations must
utilize a proactive, on -going approach to reach effective levels.
This attachment serves to further the Healthy People 2000 goal that 90 %
of children under two years old be adequately immunized. A community
with sufficiently high immunization rates avoids disease outbreaks and
the cost in human suffering, hospitalization and sometimes, even death.
Staff believes it is important to keep this clinic operating in the
community and that the lives at risk of many children would be avoided.
HIV Surveillance (attachment 03). This $40,436 supports salary, fringe
benefits, travel and supplies for the HIV/AIDS Surveillance specialist.
In addition, $1,565 of indirect (administrative) costs are included in this
attachment. This represents a $6,277 increase from last fiscal year's
appropriation.
This person does not operate a clinic; rather as a surveillance specialist,
he is dedicated to investigating cases of HIV and AIDS infection in
Lubbock. As of July 31, 1999, 658 individuals have been diagnosed as
HIV positive, 277 have AIDS and 164 individuals have died of AIDS -
related complications. One of the primary missions of public health is to
monitor the health status of the community by identifying and
investigating health problems and health hazards. On -going surveillance
is essential in determining the nature and extent of HIV and AIDS
infection in Lubbock. Accurate numbers may increase the availability of
additional funding from outside sources in order to provide services to
those infected.
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Regular City Council Meeting
August 12, 1999
Page 47
Regional/Local Health Operations (attachment 04). This attachment
supports comprehensive public health services that are consistent with
the Health Department Mission Statement. Qualifying activities include
TDH general fund laboratory, S.T.D. and community education
services. Efforts must also be directed at preventing heart disease and
cancer.
The $94,118 in financial assistance provides salaries and fringe benefits
for four City employees and direct assistance equivalent to $24,192 for
one State -paid employee. Her services are available at no cost to the
City. There is no change from last fiscal year's appropriation. Of the
five employees, two work in the S.T.D. program, one works in the
laboratory, one in Health Education, and there is one vacancy.
The Sexually Transmitted Disease Program is designed to stop the spread
of disease by tracking down the partners of those diagnosed with
sexually transmitted diseases and either treating them or referring them
to another clinic or physician.
Population -Based Services Bureau of Children's Health (attachment 05).
This attachment in the amount of $117,580 is new for the coming fiscal
year. For the previous three years, Texas Tech University headed this
program with collaboration from the City but has requested that the City
take the lead in Year 4 for this project. The goals of the Population -
Based Program are (1) to address local health needs; (2) to build the
local public health infrastructure; and (3) to improve the health status of
women, children and families. Funding for projects was first offered in
1997 with 32 projects being run as pilots that focus on disease
prevention, health promotion, and community outreach. Year 4 of this
project during 1999-2000 will focus on completing a final report that
includes evaluation and project findings, continuation of goals set during
the first three years, increasing awareness and educating the community
about substance abuse, and educating women of childbearing years and
children about injury prevention.
The $117,580 in financial assistance provides full salaries, fringe
benefits, and travel for two City employees. The amount also includes
$54,409 in assistance in the form of supplies, equipment, and other
costs. The two employees are currently assigned to the Health Education
Section.
Tuberculosis Control (attachment 06). The TB Control attachment of
$20,073 provides salary, fringe benefits and travel for a Health Aide
who follows up on all individuals tested positive for tuberculosis. It also
includes $829 for indirect (administrative) costs, no change from last
year. The Health Aide's job is to ensure that clients with diagnosed,
active TB take medications as prescribed. She goes to the infected
person's home or place of employment to give them their medication,
observes for patient drug reaction, monitors family members and other
close contacts for TB, and screens high -risk populations for TB.
This activity effectively limits disease spread and the development of
drug resistant forms of Tuberculosis. Lubbock averages 12-15 new
cases of TB each year.
The contract has some rather lengthy exhibits that were not included in
agenda backup. These were available for review if desired.
Regular City Council Meeting
August 12, 1999
Page 48
Without the Texas Department of Health contract, fulfilling the Core
Missions of Public Health --Surveillance, Health Education, Prevention
services and Laboratory support --will be greatly impaired and at a much
reduced level. Therefore, staff recommended approval of the resolution.
(29.) Resolution No. 6439 authorizing the Mayor to execute an agreement
to administer the minimum premium plan for the medical and dental
coverage between the City of Lubbock and Trustmark Insurance
Company.
RESOLUTION NO. 6439
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract to administer
the minimum premium plan for the medical and dental coverage, by and between the
City of Lubbock and Trustmark Insurance Company, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Director
of Human Resources
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6439.
The City of Lubbock entered in a contract with Washington National
Insurance Company on April 1, 1988 to administer a minimum premium
medical and dental insurance plan. On December 1, 1997, Washington
National was purchased by Trustmark Insurance Company and took over
the City of Lubbock's contract with no changes from the Washington
National contract. The agreement included in agenda backup is the
December 1, 1998, renewal of rates and coverage performed on an
annual basis.
Staff recommended that the City Council approve the agreement to
change the contract from Washington National Insurance Company to
Trustmark Insurance Company and to renew the annual rates. The
renewal rates have been in effect since December 1, 1998, and this is to
formalize this agreement.
Regular City Council Meeting
August 12, 1999
Page 49
(30.) Resolution No. 6440 authorizing the Mayor to execute a contract for
financial advisory services with First Southwest Company.
RESOLUTION NO. 6440
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for financial
advisory services, by and between the City of Lubbock and the First Southwest
Company and 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
City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Betsy Bucy
Betsy Bucy, Director of Finance
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Financial Advisory Agreement is filed with Resolution No. 6440.
For the past 50 years, the City of Lubbock has had a positive and
productive business relationship with First Southwest Company. The
representatives at First Southwest Company have a strong knowledge of
the City of Lubbock's operations and financial practices. Their guidance
has produced beneficial results assisting staff in saving the citizens of
Lubbock millions of dollars. First Southwest Company provides solid,
sound guidance in all areas of debt issuance and management.
The contract with First Southwest Company expires in August 1999. As
has been our practice, a survey of other cities was performed to compare
the City of Lubbock's financial advisory fees with other cities that issue
debt. This year's survey reveals that First Southwest Company, again,
offers the most competitive proposal. Staff recommended that the City
of Lubbock renew the contract with First Southwest Company for
another five-year term. The following reasons are offered to support
that recommendation:
Regular City Council Meeting
August 12, 1999
Page 50
♦ First Southwest Company has a long history with the City of
Lubbock and knows the City of Lubbock's financial history.
This leads to better informed communication with bond raters,
underwriters, and investors. Their knowledge of key financial
events and general practices as well as economic climate
manifests itself in the efficient process of preparing the official
statement offering document.
♦ First Southwest Company has been very responsive to the City of
Lubbock's needs. The City of Lubbock receives superior service
in the bond issuance process. First Southwest Company also
provides a great deal of financial analysis and "what if' types of
scenarios to assist management as they evaluate financing
alternatives.
♦ First Southwest Company competes well in the Financial
Advisory Service marketplace, providing financial advisory
services to more cities in Texas than any other firm.
♦ Schedule A (included in agenda backup) shows that First
Southwest Company offers City of Lubbock a very competitive
rate for Financial Advisory Services. The schedule shows fee
comparisons for selected Texas cities. For a competitive sale of
certificates of obligation and general obligation bonds, the
proposal by First Southwest is most competitive. For the
negotiated sale of LP&L revenue bonds and LP&L refunding
bonds, the City of Lubbock compares very favorably with Euless
and Beaumont. The Fort Worth advisory service contract is
divided between two firms: First Southwest and Estrada Hinojosa
in a 65:35 % split. In addition, like San Angelo, First Southwest
Company charges Fort Worth an hourly rate for financial
analysis, which is a fee City of Lubbock does not pay.
First Southwest Company is headquartered in Dallas but has opened a
Lubbock office. Vince Viaille directs operations for Lubbock and this
region. Joe Smith of Abilene continues to be involved with monitoring
our account.
Staff recommended approval of the resolution.
(31.) Resolution No. 6441 giving consent to an equipment purchase project
for Covenant Health System, as required by State Law.
RESOLUTION NO. 6441
RESOLUTION GIVING CONSENT TO A PROJECT FOR
COVENANT HEALTH SYSTEM
WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health
and Safety Code, as amended (the "Act"), authorized and empowers Bell County
Health Facilities Development Corporation (the "Issuer") on behalf of Bell County,
Texas (the "Issuing Unit"), to make a contract, incur a liability, borrow money, and
make a secured or unsecured loan to provide temporary or permanent financing or
refinancing of the cost of all or part of a health facility found by the Board of Directors
of the Issuer to be required, necessary or convenient for health care, research and
education, any one or more, within the State of Texas and in furtherance of the public
purposes of the Act; and
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Regular City Council Meeting
August 12, 1999
Page 51
WHEREAS, Section 221.030(a)(1) of the Act provides that the Issuer may
provide for the financing and refinancing of one or more such health facilities located
outside the limits of the Issuing Unit with the consent of every city, county and hospital
district within which such health facility is or is to be located; and
WHEREAS, the Issuer will finance the acquisition by Covenant Health System
(the "Hospital") of certain hospital equipment (the "Project"), in a maximum principal
amount of $5,000,000, from GE Capital Public Finance, Inc.; and
WHEREAS, the Project will be located at 6006 N. Cedar, West Airport
District, within the City of Lubbock, Texas (the "City"), and is located outside the
limits of the Issuing Unit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK, TEXAS THAT:
Section 1. The City hereby consents to the financing by the Issuer of the Project
as provided by Section 221.030(a)(1) of the Act and approves the financing in a
maximum principal amount of $5,000,000 as required by Section 147(f) of the Internal
Revenue Code of 1986; provided that the City shall have no liability in connection with
the financing of the Project and shall not be required to take any further action with
respect thereto.
Section 2. This Resolution shall take effect immediately from and after its
adoption and it is accordingly so ordered.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Betsy Bucy
Betsy Bucy, Director of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
State Law provides for a Health Facilities Development Corporation
(HFDC) to finance all or part of health facilities that meet specific
criteria. If part or all of the health facility is in another issuing district,
the HFDC must obtain consent from every city, county and hospital
district in that issuing district.
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Regular City Council Meeting
August 12, 1999
Page 52
This project is to finance the acquisition of hospital equipment. The
equipment will be used at Covenant Health Systems. The consent of the
City of Lubbock is required prior to the financing of equipment pursuant
to a tax-exempt financing program. The consent is for the sole purpose
of satisfying Section 221.030 of the Texas Health and Safety Code and in
no way imposes any payment or other obligation on the City of Lubbock
in connection with the financing.
Staff recommended approval of the resolution.
(32.) Resolution No. 6442 authorizing the Mayor to approve the Lubbock
Emergency Communication District (LECD) Budget for Fiscal Year
1999-2000 and the LECD action in setting the service fee at six
percent of the telephone base rate.
RESOLUTION NO. 6442
WHEREAS, under the authority of the Texas Health and Safety Code Section
772.301 through 772.329, Lubbock County voters approved in a Lubbock County
election, April 5, 1986, the creation of the Lubbock Emergency Communication
District ("L.E.C.D."); and
WHEREAS, the Lubbock Emergency Communication District Board of
Managers approved the L.E.C.D. proposed budget for FY 1999/2000, and set the
service fee at 6 % of the telephone base rate, acting under the authority of Texas Health
and Safety Code Section 772.301 through 772.329; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Lubbock County City Council hereby approves the L.E.C.D. Budget
for Fiscal Year 1999/2000 and the Lubbock Emergency Communication District Board
of Managers action in setting the service fee at 6 % of the telephone base rate as defined
by Texas Health and Safety Code Section 772.301 through 772.329. Said budget is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Information Technology Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the L.E.C.D. Budget is filed with Resolution No. 6442.
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Regular City Council Meeting
August 12, 1999
Page 53
Lubbock Emergency Communication District (LECD) is required to
submit its annual budget for approval to governing bodies within the
boundaries of the District. For that reason, the LECD Board of
Managers is submitting its fiscal year 1999-2000 budget. It was the
unanimous opinion of the LECD Board of Managers that the proposed
budget represents a fair and prudent financial plan to accomplish the
LECD mission of providing Enhanced 9-1-1 service to the citizens of
Lubbock County. It was further ordered by the Board of Managers that
the service fee, as authorized by Texas Health and Safety Code Section
772.301 through 772.329, be maintained at six percent of the base
telephone rate on all service users in the District. The typical monthly
service fees are $0.55 for residential service and $1.28 for business
service.
Staff recommended acceptance of the LECD's fiscal year 1999-2000
proposed budget.
(33.) Resolution No. 6443 authorizing the Mayor to execute an interlocal
agreement to share costs associated with the trade corridor initiative
between the City of Lubbock and Kiowa County, Colorado.
RESOLUTION NO. 6443
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
by and between the City of Lubbock and Kiowa County, Colorado. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall
be included in the minutes of the Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Interlocal Agreement is filed with Resolution No. 6443.
The City of Lubbock is working on completing a trade corridor coalition
along the Ports -to -Plains route. All cities and counties along I-27 have
joined this coalition and now others north of Lubbock are joining in the
effort to improve transportation along this corridor.
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Regular City Council Meeting
August 12, 1999
Page 54
Kiowa County, Colorado brings the total of cities and counties to 31.
There are over 11 other communities that will consider joining the
coalition's efforts. These agreements will be presented to the City
Council in a future council meeting.
By entering into this agreement with the City of Lubbock, Kiowa County
has agreed to pay their proportional share to the Ports -to -Plains
initiative. These funds will be utilized to further the corridor's efforts.
The City of Lubbock, on behalf of the Ports -to -Plains coalition, is
currently working with the Texas Department of Transportation to secure
federal corridor and border crossing funds. These funds were made
available as a result of the new re -authorization of ISTEA now known as
Transportation Equity Act for the 21S` Century or TEA 21.
Staff recommended Council authorize the Mayor to enter into an
interlocal agreement between the City of Lubbock and Kiowa County,
Colorado.
(34.) Resolution No. 6444 authorizing the Mayor to execute an interlocal
agreement to share costs associated with the trade corridor initiative
between the City of Lubbock and the City of Boise City, Oklahoma.
RESOLUTION NO. 6444
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and
between the City of Lubbock and Boise City, Oklahoma. Said Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Interlocal Agreement is filed with Resolution No. 6444.
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Regular City Council Meeting
August 12, 1999
Page 55
The City of Lubbock is working on completing a trade corridor coalition
along the Ports -to -Plains route. All cities and counties along I-27 have
joined this coalition and now others north of Lubbock are joining in the
effort to improve transportation along this corridor.
The City of Boise City, Oklahoma brings the total of cities and counties
to 32. There are over ten other communities that will consider joining
the coalition's efforts. These agreements will be presented to the City
Council in a future council meeting.
By entering into this agreement with the City of Lubbock, Boise City has
agreed to pay their proportional share to the Ports -to -Plains initiative.
These funds will be utilized to further the corridor's efforts.
The City of Lubbock, on behalf of the Ports -to -Plains coalition, is
currently working with the Texas Department of Transportation to secure
federal corridor and border crossing funds. These funds were made
available as a result of the new re -authorization of ISTEA now known as
Transportation Equity Act for the 21S` Century or TEA 21.
Staff recommended Council authorize the Mayor to enter into an
interlocal agreement between the City of Lubbock and the City of Boise
City, Oklahoma.
(35.) Resolution No. 6445 authorizing the Mayor to execute an interlocal
agreement to share costs associated with the trade corridor initiative
between the City of Lubbock and the Town of Springfield, Colorado.
RESOLUTION NO. 6445
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
by and between the City of Lubbock and the Town of Springfield, Colorado. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
55
Regular City Council Meeting
August 12, 1999
Page 56
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic Services
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
A copy of the Interlocal Agreement is filed with Resolution No. 6445.
The City of Lubbock is working on completing a trade corridor coalition
along the Ports -to -Plains route. All cities and counties along I-27 have
joined this coalition and now others north of Lubbock are joining in the
effort to improve transportation along this corridor.
The Town of Springfield, Colorado brings the total of cities and counties
to 33. There are over nine other communities that will consider joining
the coalition's efforts. These agreements will be presented to the City
Council in a future council meeting.
By entering into this agreement with the City of Lubbock, the Town of
Springfield has agreed to pay their proportional share to the Ports -to -
Plains initiative. These funds will be utilized to further the corridor's
efforts.
The City of Lubbock, on behalf of the Ports -to -Plains coalition, is
currently working with the Texas Department of Transportation to secure
federal corridor and border crossing funds. These funds were made
available as a result of the new re -authorization of ISTEA now known as
Transportation Equity Act for the 21" Century or TEA 21.
Staff recommended Council authorize the Mayor to enter into an
interlocal agreement between the City of Lubbock and the Town of
Springfield, Colorado.
(36.) Resolution No. 6446 authorizing the Mayor to execute the necessary
contract documents with Caprock Home Health Services for the
Parks and Recreation Department to receive a $7,200 grant to
supplement the Taekwondo program at the Maggie Trejo
Supercenter.
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Regular City Council Meeting
August 12, 1999
Page 57
RESOLUTION NO. 6446
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for a grant for
support of a Tae Kwon-Do program between the City of Lubbock and Caprock Home
Health Services, Inc., and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Civic Services
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Grant Contract is filed with Resolution No. 6446.
Caprock Home Health Services has approved a $7,200 grant for the
Parks and Recreation Department to use in support of the Taekwondo
program at the Maggie Trejo Supercenter located in the 79415 ZIP code.
The eligible dates for expenditures under the grant are May 1, 1999
through August 31, 1999.
The grant will fund $1,400 for one belt test for 40 participants of the
program who live in the 79415 ZIP code. It will also fund $5,800 for
transportation to the Texas Amateur Athletic Federation Games (TAAF)
in Waco, July 21-25, and to the State Taekwondo Tournament in Dallas,
August 6-7, 1999. The Taekwondo program at the community centers
has been in existence for one year and currently has 90 members from
across the city.
Staff recommended that the City Council authorize the Mayor to execute
the necessary contract documents with Caprock Home Health Services
for the Parks and Recreation Department to receive a $7,200 grant to
supplement the Taekwondo program at the Maggie Trejo Supercenter.
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Regular City Council Meeting
August 12, 1999
Page 58
(37.) Resolution No. 6447 authorizing the Mayor to execute a grant
agreement and any associated documents for federal assistance from
the Federal Aviation Administration to fund Y2K upgrades for
Security Access System, HVAC Control System, and Airfield
Lighting Control System; acquire Airfield Signage; acquire 18 ARFF
Proximity Suits; and acquire Interactive Training System for
Lubbock International Airport.
RESOLUTION NO. 6447
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 Grant Application for
Federal Assistance, in substantially the form of the Agreement, attached hereto, by and
between the City of Lubbock and the Federal Aviation Administration for funding the
Y2K upgrades for Security Access System (Part 107), HVAC Control System, and
Airfield Lighting Control System; acquire Interactive Training System; acquire 18
ARFF Proximity Suits and 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 City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Grant Application is filed with Resolution No. 6447.
Each year Lubbock International Airport is eligible to receive entitlement
funding under the Airport Improvement Program (AIP). Under current
formulas, the airport receives approximately $1.7 million each year
based on the annual number of passenger enplanements. The exact
amount of this year's entitlement is $1,749,866.
This agenda item involves the acceptance of a $330,597 grant
representing a portion of the FY 1998/99 AIP entitlement. The
remaining $1,419,269 will be carried forward to FY 1999/2000 to fund
another project that is currently under development and that will come to
the City Council at a later date.
Regular City Council Meeting
August 12, 1999
Page 59
The $330,597 grant will fund the following projects:
Y2K Upgrades —The automated controls for the airfield lighting
system and the terminal building HVAC system must be
upgraded. In addition, the federally mandated security access
control system must be upgraded.
Airfield Signage—During this year's Certification Inspection, the
FAA identified several airfield signage changes that must be
made prior to the end of the year.
ARFF Proximity Suits —The protective suits that are worn by the
airport's fire fighters are beginning to wear out and must be
replaced. The ARFF proximity suits that the City currently has
were purchased in 1992 when there was no NFPA Standard for
Proximity Suits. The Texas Commission on Fire Protection
grandfathered all these suits, stating that they did not need to fall
under any NFPA standard (435.1,2,E). Recently, the
commission decided that these suits should no longer be
acceptable (due to their age) and that all proximity suits shall
meet the current applicable NFPA standard under which they are
purchased. (This rule went into effect in May, 1999.)
The Proximity Suits that the City will be purchasing will be in
compliance with the Texas Commission on Fire Protection as well as the
NFPA and will ensure the safest protective clothing for the City's
personnel at the Airport.
Interactive Training Equipment —This satellite -based system will provide
access to a nationwide network that will provide up-to-date, airport -
specific training in airport operations, maintenance, safety, Airport
Rescue and Fire Fighting (ARFF), security, and administration.
Overall funding for the grant is shown below:
Total Cost
Federal
Grant Share
Local
Match
Y2K Upgrade
$188,081
$169,272
$18, 809
Airfield Si na e
$151,850
$136,665
$15,185
ARFF Equipment
$ 21,600
$ 19,440
$ 2,160
Training Equipment
$ 5,800
$ 5,220
$ 580
Total Cost
$367,331
$330,597
$36,734
This has not been presented to the Airport Board for official approval,
however, they are aware of the issue. Staff recommended approval.
(38.) Resolution No. 6448 authorizing the Mayor to execute Change Order
No. 4 with Duininck Brothers, Inc. to add glass beads to the new
Runway 8-26 threshold markings at Lubbock International Airport.
RESOLUTION NO. 6448
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, Change Order #4, by and
between the City of Lubbock and Duininck Brothers, Inc., and related documents. Said
Change Order #4 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.
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Regular City Council Meeting
August 12, 1999
Page 60
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Change Order #4 is filed with Resolution No. 6448.
During the design phase of the Runway 17R/35L reconstruction project,
the engineering consultant discovered that the threshold for RWY 8/26
was incorrectly marked. The FAA was consulted on the matter, and it
was determined that the incorrect markings had existed for a number of
years, and that the problem had been overlooked on the annual FAA
certification inspections. The FAA and the Department of Aviation
agreed that the markings should be corrected at the earliest opportunity.
Cost savings on the reconstruction of Runway 17R/35L resulted in a
surplus of federal funding at the end of the project. The FAA
recommended that a portion of those funds be utilized to re -mark
Runway 8/26. Change Order No. 3 was approved to accomplish this
task in November, 1998. As that project nears completion, the FAA has
come forward again and advised that a specific type of glass bead shall
be applied to certain of the markings on the threshold pattern.
Therefore, it is necessary to process an additional change order.
The cost of Change Order No. 4 is $8,800. A summary of the overall
contract and available funding was included in agenda backup.
The Airport Board has reviewed Change Order No. 4 and recommended
approval. Staff also recommended approval.
(39.) Resolution No. 6449 authorizing the Mayor to execute an agreement
between the City of Lubbock and the Defense Logistics Agency for
use of the Lubbock International Airport during times of national
emergencies.
Regular City Council Meeting
August 12, 1999
Page 61
RESOLUTION NO. 6449
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 by and
between the City of Lubbock and Defense Logistics Agency for use of the Lubbock
International Airport during times of national emergencies. Said Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 6449.
The Defense Logistics Agency (DLA), a subdivision of the Department
of Defense, is in the process of developing a national emergency
communications network. The network will provide federal, state and
local agencies and other authorized users with access to federal telephone
systems during times of national emergency. Designated as the
Government Emergency Telecommunications Service (GETS), the
system will provide emergency access to local and long-distance
telephone networks through the use of access codes and PIN numbers.
This initiative was prompted by economic and technological changes that
have made telephone services throughout the country increasingly more
vulnerable to disruption by natural or man-made disasters. Recent
events have shown that fires, power failures, fiber cable cuts, and
software problems can cripple regional telephone services for extended
periods. In addition, network congestion during times of emergency can
prevent circuits from being accessed by emergency response agencies
and key governmental service providers. The purpose of GETS is to
ensure that telephone resources are available for emergency response and
defense purposes should a crisis or war occur.
GETS is implemented through cooperative agreements with telephone
service providers that fall into three categories:
1. Major long-distance networks provided by interexchange carriers
(IECs) such as AT&T, MCI, and Sprint.
G'fl
Regular City Council Meeting
August 12, 1999
Page 62
2. Local networks provided by local exchange carriers (LECs) such
as the Bell Operating Companies and Independent Telephone
Companies (ITCs), cellular carriers and personal communications
services.
3. Government leased networks including the Federal
Telecommunications System (FTS2000) and the Defense
Information System Network (DISN).
The City of Lubbock's role in the GETS system is limited to the
provision of office space for a regional communications post. The
proposed agreement provides space in the Blue Room of the airport
terminal building. The space would house from ten to fifteen DLA
communications workers who would fly in to Lubbock to operate a
communications post during an emergency. Under the agreement, the
DLA would install five telephone lines in the Blue Room to facilitate
access to national and regional telephone systems. The DLA would be
responsible for the installation and maintenance of the lines. The
agreement would also make Hanger 20 available to the DLA during
times of emergency, subject to its availability.
The rights under this agreement would be given at no cost to the DLA.
The initial term of the agreement would be five years, and thereafter
could be extended on a year-to-year basis at the option of both parties.
The Airport Board has reviewed and approved this agreement. Staff also
recommended approval.
(39A.) Consider a resolution authorizing the execution of an agreement
nominating the Texas Aviation Heritage Park Project to the Texas
Department of Transportation (TxDOT) for funding under the
Transportation Enhancement Program.
This item was deleted.
(40.) Resolution No. 6450 authorizing acceptance of water and sanitary
sewer improvements for Lots 1-15, Bryant Park Gardens Addition to
the City of Lubbock, Lubbock County, Texas.
RESOLUTION NO. 6450
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1-15, BRYANT PARK GARDENS ADDITION, TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1-15, Bryant Park Gardens, to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $ 13,824.86 with the
improvements constructed by Midwest Concrete, Inc. having a value of $ 12,530.40 as
determined by the unit prices established by said Chapter 28, and $ 1,294.46 cash paid
to the City, which amount includes $ 944.46 cash for adjacent lines, with Monte
Holmes Construction, Inc., the developer, to receive a refund of $ -0- and in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $ -0- and
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Regular City Council Meeting
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Page 63
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $-0- be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $-0-.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $13, 824.86 and has a value of $12,530.40 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$1,294.46, which includes $944.46 for adjacent mains. The developer,
Monte Homes Construction, Inc., will receive no refund in accordance
with Chapter 28. There is no refund of deposit.
The subdivision is located between 63rd and 64th Streets and Gary
Avenue.
Staff recommended acceptance of the improvements.
(41.) Resolution No. 6451 authorizing acceptance of water and sanitary
sewer improvements for Lots 1-61, Day Estates Addition to the City
of Lubbock, Lubbock County, Texas.
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Regular City Council Meeting
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Page 64
RESOLUTION NO. 6451
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 1-61, DAY ESTATES ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 1-61, Day Estate Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $ 197,263.58 with the
improvements constructed by Rhode Construction Co. having a value of $183,578.65 as
determined by the unit prices established by said Chapter 28, and $13,684.93 cash paid to
the City, which amount includes $ 7,043.70 cash for adjacent lines, with Day Estates Ltd.
the developer, to receive a refund of $ 38,826.69 in accordance with Chapter 28 of the
Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $-0-.
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $38,826.69 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $-0-.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Water Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney, Office Practice
CZ!
Regular City Council Meeting
August 12, 1999
Page 65
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $197,263.58 and has a value of $183,578.65
as determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$13,684.93, which includes $7,043.70 for adjacent mains. The
developer, Day Estates Ltd., will receive a refund of $38,826.69 in
accordance with Chapter 28. There is no refund of deposit.
The subdivision is located between 94th and 96th Streets and Frankford
and Garner Avenues.
Staff recommended acceptance of the improvements.
(42.) Resolution No. 6452 authorizing the Mayor to execute a grazing and
crop agreement with Todd Lockaby for Water Utilities Department.
RESOLUTION NO. 6452
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 Grazing and Crop
Agreement between the City of Lubbock and Todd Lockaby of Lubbock, Texas, and
any other 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.
Passed by City Council this 12th day of August, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s_y Ellerbrook
Terry Ellerbrook, Managing
Director of Water Utilities
APPROVED AS TO FORM:
/s/ Richard Casper
Richard Casner, Natural
Resources Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
A copy of the Agreement is filed with Resolution No. 6452.
Todd Lockaby was a tenant farmer on the Hancock Land Application
Site while the site was under the ownership of Lubbock Christian
University. Lubbock purchased the site on April 15, 1999. The Grazing
and Cropping Agreement will allow Mr. Lockaby to continue operating
on the site until October 1, 1999. This is the last of the contracts
completing the transition to City of Lubbock ownership and operations.
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Regular City Council Meeting
August 12, 1999
Page 66
Staff recommended that the Grazing and Cropping Agreement be
approved.
(43.) Resolution No. 6453 authorizing the Mayor to execute an interlocal
agreement with the Texas Cooperative Purchasing Network.
RESOLUTION NO. 6453
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an interlocal agreement
by and between the City of Lubbock and the Texas Cooperative Purchasing Network,
and related documents. Said interlocal agreement is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Interlocal Agreement is filed with Resolution No. 6453.
rative
The Texas Cooperative Purchasing ion ork is 791.001 n of dnthe stTexas aLocal
created in accordance with Sect
Government Code. Its purpose is to centralize the purchasing activity
and increase the purchasing power of public schools, junior colleges, and
other local government agencies throughout Texas.Center. he Cooperative is
sponsored by the Region IV Education Service
purchasing will provide several benefits to the City of Lubbock:
• Facilitate compliance with state bidding requirements
• Identify qualified vendors of goods and services
• Reduce administrative burden and costs
• Reduce the cost of goods and services with economies of scale
• Increase efficiency through Internet purchasing
Regular City Council Meeting
August 12, 1999
Page 67
The following products are now available through the Texas Local
Government Statewide Purchasing Cooperative:
• Computer Hardware and Software
• Document Management Services
• Office Supplies
• Furniture
• Audio Visual Equipment
• Paper Products
• Industrial Supplies
• Electrical Supplies
All items and catalogs posted on the Internet by the Cooperative have
been competitively bid and awarded by the Cooperative's Board of
Trustees and based on Texas statutes. This eliminates the need for
members to go through the bidding process on their own. The end result
is a reduction in administrative efforts and compliance with competitive
bidding requirements.
Texas Cooperative Purchasing Network does not charge any membership
fees to participating government agencies.
Staff recommended approval of this agreement.
(44.) Resolution No. 6454 authorizing the Mayor to execute an interlocal
participation agreement with the Texas Local Government Statewide
Purchasing Cooperative.
RESOLUTION NO. 6454
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 Participation
Agreement, by and between the City of Lubbock and Texas Local Government
Statewide Purchasing Cooperative, and related documents. Said Interlocal Participation
Agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
e
Regular City Council Meeting
August 12, 1999
Page 68
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Interlocal Agreement is filed with Resolution No. 6454.
The Texas Local Government Statewide Purchasing Cooperative is an
administrative agency created in accordance with Section 791.001 of the
Texas Local Government Code. Its purpose is to centralize the
purchasing activity and increase the purchasing power of local
governments throughout Texas using a customized electronic purchasing
system. The Cooperative is administered by the Texas Association of
School Boards and is endorsed by the Texas Municipal League and the
Texas Association of Counties. The Bid Administrator is the Region II
Education Service Center. This cooperative purchasing will provide
several benefits to the City of Lubbock:
• Facilitate compliance with state bidding requirements
• Identify qualified vendors of goods and services
Reduce administrative burden and costs
Reduce the cost of goods and services with economies of scale
Increase efficiency through Internet purchasing
The following products are available through the Texas Local
Government Statewide Purchasing Cooperative:
• Computer Paper and Diskettes
• Copiers and Duplicators
• Copy Paper
• Electric Lighting (Lamps and Ballast)
Fire Extinguishers
• First Aid Supplies
Regular City Council Meeting
August 12, 1999
Page 69
• Ground Maintenance and Supplies
• Instructional Books
• Instructional Supplies
• Calculators
• Paint Supplies
• Projection Lamps and Bulbs
• Furniture
• Tires and Tubes
• Athletic and Athletic Training Supplies
• Custodial Supplies
• Maintenance Repair and Operation (MRO) Supplies
All items and catalogs posted on the BuyBoard have been competitively
bid and awarded by the Cooperative's Board of Trustees and based on
Texas statutes. This eliminates the need for members to go through the
bidding process on their own. The end result is a reduction in
administrative efforts and compliance with competitive bidding
requirements.
The annual membership fee for participating in the program is $1,000.
Staff recommended approval of this agreement.
(45.) Resolution No. 6455 to approve Change Order No. 2 to Bid #98184,
Buddy Holly Center Renovations.
RESOLUTION NO. 6455
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 Change Order #2 for
Buddy Holly Center Renovations, by and between the City of Lubbock and Lubbock
Building Services, and related documents. Said Change Order #2 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 12, 1999
Page 70
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith by George Lisenbe
Gary W. Smith, AIA
Facilities Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Change Order #2 is filed with Resolution No. 6455.
This project will renovate the existing Ft. Worth and Denver South
Plains Railroad Depot to provide for the Buddy Holly Center. The total
project budget is $2,637,079 and is funded through a capital project
entitled Lubbock Center for the Arts. Of the total amount, $2,036,969 is
for construction, acquisition, and installation. The City entered into a
contract with Lubbock Building Services on October 8, 1998 to provide
construction services. The original contract amount was $1,351,000.
Previously approved change order #1 provided for a change in materials
and other related construction works resulting in a cost reduction of
n the scope of
$16,708. Change Order #2 isforoo fadditional these changes revisions was requested and
work. Funding for a portion
approved at revised budget, with the remaining cost paid for by
donations from individuals and a grant from the Meadows Foundation
(total for these two sources is currently $150,000). Change
orders
require Council approval if they exceed $25,000. This change order
amounts to a 12.8 % increase over the original contract amount with a
dollar amount of $173,270. Change Orders #1 and #2 together comprise
11.6% of the original contract amount for a total of $156,561. After
reviewing the contractor's cost proposals, thecilities charges�areagement and the
easonable and
architect, McKinney Architects, feel that
justifiable. Facilities Management recommended the award of this
contract change order.
(46.) Resolution No. 6456 to approve Change Order No. 1 to Bid #99043,
City of Lubbock Water Utilities Office/Shop Addition.
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Page 71
RESOLUTION NO. 6456
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 Change Order #1 for
water utilities office and shop construction, by and between the City of Lubbock and
Lubbock Building Services, and related documents. Said Change Order #1 is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith by George Lisenbe
Gary W. Smith, AIA
Facilities Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Change Order #1 is filed with Resolution No. 6456.
This project provides for the construction of a new Water Utilities Office
and Shop building to house vehicles and Water Utilities Meter and
Customer Service staff. The City entered into a contract with Lubbock
Building Services on March 25, 1999 to provide construction services.
The original contract amount was $292,800. The project's construction
budget is $375,000 and is funded. Change Order No. 1 is for the
repainting of nearby structures occupied by LP&L Operations. Change
orders require Council approval if they exceed $25,000. This change
order constitutes an 11.16 % increase over the original contract amount,
and the dollar amount is $32,662.19. Funds for this change order will
come from LP&L Electric Distribution Overhead account.
After reviewing the contractor's proposal, Facilities Management felt
that the charges are reasonable and justifiable. Facilities Management
recommended the award of this contract change order.
(47.) Resolution No. 6457/RFP #98198--Physical Ability Test Validation
for Police (Human Resources)
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Page 72
RESOLUTION NO. 6457
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 to develop
and validate physical performance tests for police officers and develop an alternate
scoring system for the City of Lubbock Firefighter test, by and between the City of
Lubbock and Human Performance Systems, Inc., and 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 City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Director
of Human Resources
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Agreement is filed with Resolution No. 6457.
This contract is for development of a Physical Ability Test and validation
of the test by determining job -related physical criteria identified by
incumbent Police Officers. Once criteria is identified, incumbent
officers are tested to determine reasonable cut-off scores by averaging
completion times for all categories of officers tested (male, female, etc.).
The second component of the contract at no extra cost is the re -validation
of the existing Physical Ability Test (Fire Combat Challenge). This will
be accomplished by using similar techniques. Incumbents will be tested
to determine an average cut-off score. All categories for Firefighters
will be tested (male, female, etc.).
The following five companies submitted proposals and received points
from the RFP Committee:
Human Performance Systems, Inc. of Hyattsville, MD 387
SHL Landy - Jacobs Inc. of Boulder, CO 340
CWH Management Solutions of Aurora, CO 336
Standard & Associates, Inc. of Chicago, IL 323
ARA Human Factors of Staffst Richland, WA 260
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Page 73
The companies were evaluated and rated on the following criteria:
• Quality of overall test development and
validation study. 35 %
• Experience in test validation. 25 %
• Staff Qualifications
• References
20 %
20 %
The top companies receiving the three highest scores were invited to
make oral presentations and clarify any issues for committee members.
The Self Insurance Risk -Professional Services budget amount is $75,000.
The RFP Committee recommended contract award to Human
Performance Systems, Inc. with a contract amount off $75,484.
(48.) Bid #99120--Structural Fire Fighting Apparel, Annual Pricing (Fire
Department)
This bid is for the -Purchase of 30 sets of NFPA approved structural fire
fighting bunker gear. This apparel serves as protection against fire and
heat during fire related incidents.
The Fire Suppression -Other Supplies Clothing budget amount is
$36,000. The low bid meeting specifications is $27,076.22 from
Firegear, Inc. of Grand Junction, Colorado.
(49.) Resolution No. 6458/Bid #9912 1 —Renovation of Hangar 310 at
Lubbock International Airport (Aviation)
RESOLUTION NO. 6458
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and between
the City of Lubbock and Wardroup and Associates, Inc., of Lubbock, Texas to install
and furnish all materials and services as bid for the Renovation of Hangar 310 at
Lubbock International Airport, attached hereto and any associated documents, which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
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August 12, 1999
Page 74
Passed by City Council this 12th day of August, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
/s/ WINDY SITTON
WINDY SITTON, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of August, 1999, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Wardroup & Associates, 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 #99121 - RENOVATION OF HANGAR 310 AT LUBBOCK INTERNATIONAL
AIRPORT - $97,791.00
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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Page 75
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER)
ATTEST:
/s/ Windy Sitton
/s/ Kaythie Darnell MAYOR
Secretary
APPROVED AS TO CONTENT:
/s/ H. David Jones CONTRACTOR:
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Evelyn L. Wardroup
Wardroup & Associates, Inc.
By: /s/ Wallace C. Wardroup
PRINTED NAME: Wallace C.
Wardroup
TITLE: Vice President
COMPLETE ADDRESS:
Wardroup & Associates, Inc.
4408 Brownfield Drive
Lubbock, Texas 79410
This bid is for the repair of structural damage to Horton Aero Service
Hangar 310 at Lubbock International Airport. Over the years,
deterioration of various structural components, including the roof and
framing on the west side addition, has rendered the building out of code
compliance. These repairs will bring the building back into compliance
and provide a safe working environment. The work includes a new roof
and roof structural components, asbestos abatement, glass replacement,
some interior painting and ceiling replacement, and exterior painting as a
component of the asbestos mitigation.
The Building 310 Renovation Project budget amount is $100,000. The
low bid is $97,791 from Wardroup and Associates, Inc., of Lubbock,
Texas.
(50.) Bid #99128--Guava Substation Relay/Meter Panels (Electric
Distribution)
This bid is for relay/meter panels to protect transmission lines and
substation equipment at the new Guava Substation. This substation will
provide increased distribution capacity to industrial loads in this area and
a third 230kV transmission interconnection with Southwestern Public
Service Company.
The Plains Co-op Substation -Systems Capital Outlay budget amount is
$200,000. The low bid is $184,797 from Electrical Power Products of
Des Moines, Iowa.
(51.) Bid #99131--Street Light Pole Construction, Annual Pricing (Electric
Distribution)
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This bid establishes annual pricing for construction of street light poles
ranging in size from 30 feet to 47 feet. The poles will be used for new
street lighting installations as well as replacement poles for ones
damaged by vehicles or storms. The term of the contract is for one year
with an option to renew annually for up to two additional years.
The LP&L System Capital Outlay -Street Lighting budget amount for this
item is $35,000. The low bid is $34,011.45 per year from S & H Metal
Works of Lubbock, Texas.
(52.) Bid #99134--Guava Substation 242kV Circuit Breaker (Electric
Distribution)
This bid is for the purchase of a 242kV circuit breaker to protect a
230kV transmission line, 230kV bus and 230-115/69kV autotrans former.
In addition to providing increased distribution capacity to industrial
loads, the substation will also provide a third 230kV transmission
interconnection with Southwestern Public Service Company. This
project will provide additional capacity, reliability and security to the
LP&L transmission system.
The Plains Co-op Substation -Systems Capital Outlay budget amount is
$100,000. The low bid is $82,800.00 from Temple Inc. of Lubbock,
Texas.
(53.) Bid #99135--Street Light Pole Painting, Annual Pricing (Electric
Distribution)
This bid establishes annual pricing for painting of street light poles at
various locations. Approximately 1,500 poles, ranging in size from 25
feet to 40 feet, are painted annually. The term of the contract is for one
year with an option to renew annually for up to two additional years.
The LP&L System Maintenance -Systems Other budget amount for this
item is $22,500. The low bid is $22,440 per year from McAlister
Contractors of Lubbock, Texas.
(54.) Bid #99141—Watthour Meter Test Set and Calibration Unit (Electric
Distribution)
This bid is for the purchase of a three phase watthour meter test and
calibration system that is designed to test all major meter types and
commonly used forms of both single and three phase electric watthour
meters. This equipment will be used to verify the metering accuracy of
LP&L's electric meters.
The Electric Distribution -Equipment Capital Outlay budget amount for
this item is $30,000. The low bid is $29,345 from AVO International of
Dallas, Texas.
(55.) Bid #99142--Cargo Van and Installation of Existing CCTV
Equipment (Fleet Services)
This bid is for the purchase of a raised roof, one -ton extended cargo van
with an extended five-year 50,000-mile warranty. The bid also includes
the installation of existing television underground pipe inspection
equipment owned by the City of Lubbock.
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The Equipment Capital Outlay -Heavy Moveable Equipment budget
amount for this item is $50,000. The low bid is $42,893 from Baker
Equipment Company of Edmond, Oklahoma.
(56.) Bid #99146--Three Year Pricing for HIV-1 EIA Test Kits and
Equipment (Health Department)
This bid is for HIV test kits used by the City of Lubbock Health
Department for detection of HIV-1/HIV-2 antibodies. Test kits include
HIV test reagents as well as rental of sophisticated equipment and
computer software used to run each test.
The Health Department -Chemical Supplies budget amount for this item is
$16,500. The low bid is $16,416 per year from Sanofi Diagnostics
Pasteur of Redmond, Washington.
(57.) Bid #99150--Flame Retardant Uniform Rental and Laundry Services,
Annual Pricing (Electric Distribution)
This bid establishes annual pricing for the rental and laundering of
Nomex fire retardant pants and shirts for 75 LP&L employees that are
exposed to electrical arcs and fires. Electric utility industry safety
regulations require employees exposed to electrical arcs wear clothing
that will not increase the severity of their injuries. As a minimum, this
requirement necessitates that electrical workers not wear nylon or rayon
clothing. These materials, when exposed to electrical arcs, will melt and
stick to the worker's skin. In response to safety regulations, the electric
utility industry has been gradually converting their electrical workers
clothing to fire retardant synthetic materials. The term of the contract is
for two years with an option to renew for one additional year.
The LP&L Supplies -Uniform budget amount is $54,701. The low bid is
$109,044 for two years ($54,522 per year) from Cintas Corporation of
Houston, Texas.
(58.) Bid #99153--Lubbock Power & Light Steel Transmission Poles
(Electric Distribution)
This bid is for the purchase of 35 anchor base type steel transmission
poles necessary for LP&L to build an additional 2.5 miles of 115 kV
transmission line between the Slaton and Chalker substations. This is
part of LP&L's South Loop Transmission project to meet LP&L
transmission system reliability requirements and state highway
construction requirements.
The Slaton-Chalker Transmission -System Capital Outlay budget amount
is $350,000. The low bid is $325,415 from Thomas & Betts from
Memphis, Tennessee.
(59.) Bid #99159--Lubbock Power & Light Holly Plant Steam Turbine
Parts (Electric Production)
This bid is for the emergency repair parts related to the failure of
Holly 1 Steam Turbine on February 5, 1999. The parts include the
intermediate nozzle ring and associated components. The determination
to condemn the old ring was made after the initial work scope following
a detailed dimensional study by General Electric. The Holly System
Failure System Capital Outlay -Other budget amount for this item is
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$75,000. The balance of $50,343.96 is to be paid by insurance. The
turbine parts were supplied by ARGO Turboserve of Carlstadt, New
Jersey. Turboserve is General Electric's parts supplier for steam
turbines.
(60.) Bid #99164—Programmable Logic Controllers (PLC's) (Water
Utilities)
This bid is for the purchase of 220 Programmable Logic Controllers
(PLC's). PLC's will be used for complete remote control and status
monitoring of almost 200 wells scattered over approximately 80,000
acres in the Sandhills Well Field located in Bailey County. Historically,
these wells have been controlled and monitored manually requiring
extensive personnel time and travel. These PLC's are required to
provide control and data to the Supervisory Control and Data Acquisition
(SCADA) master computers via radio communications. This is the final
component of the Sandhills Supply Rehabilitation capital project.
The Sandhill Supply Systems Rehabilitation -Water Systems
Improvements budget amount is $200,000. The low bid meeting
specifications is $174,680 from Interface Technologies Inc. of Oklahoma
City, Oklahoma.
(61.) Bid #99165--Pesticides (Vector Control)
This bid will provide for the purchase of pesticide to be used for the
control of adult mosquitoes. The pesticide will be sprayed throughout
the City of Lubbock and Lubbock County by the Vector Control
department.
The Pesticide Supplies budget amount is $32,000. The low bids are
from the following companies:
B & G Chemicals and Equipment Co. of Dallas, TX$28,809.00
Van Waters and Rogers, Inc of Dallas, TX 2,663.10
(62.) Bid #99187--Access Control System Upgrade, Y2K Compliance
Equipment (Aviation)
This project involves an upgrade to the existing access control system at
Lubbock International Airport and includes the purchase of three new
computers and an upgrade to the current release of access control
software. Labor costs for installation, programming, and database
conversion are also included. This system upgrade is required by
Federal Aviation Regulation Part 107.14 to ensure proper operation
beyond January 2000. This is a procurement of captive replacement
parts of components for equipment that is available from only one
source.
The Airport Capital Project-Y2K Compliance Equipment (Access
Control) Other Equipment budget amount for this item is $75,710. The
sole source bid is $75,710 from Chubb Security Systems, Inc. of San
Antonio, Texas.
(63.) Bid #99188--Airport Lighting System, Y2K Compliance Equipment
(Aviation)
This project involves an upgrade to the existing airfield lighting
resistance monitoring system at Lubbock International Airport. This
system performs automatic/scheduled readings of airfield circuit wiring
Regular City Council Meeting
August 12, 1999
Page 79
critical to the operation and maintenance of the system. The current
system is not Y2K compliant. An upgrade to the existing system is
essential to ensure proper operation beyond January 2000. Also included
in this project is an Airfield Lighting Computer System (ALCS). The
ALCS allows maintenance personnel and air traffic controllers a much
greater operation and maintenance capability over the entire airfield
lighting system. This project includes the purchase of two computers
and an upgrade to the existing software. Labor costs for installation,
programming, and database conversion are also included. This is a
procurement of captive replacement parts of components for equipment
that is available from only one source.
The Airport Capital Project-Y2K Compliance Equipment (Airport
Lighting System) Other Equipment budget amount for this item is
$105,000. The sole source bid is $104,515.96 from ADB-ALNACO,
Inc. of Columbus, Ohio.
(64.) Bid #99193--Pumper Fire Trucks (Fire Department)
This bid is for the purchase of two Emergency -One brand 1250 gallon -
per -minute pumper fire trucks through the Cooperative Purchasing
Program with Houston -Galveston Area Council (H-GAC). One truck
will be assigned to Station 15 of the newly annexed territory in
Southwest Lubbock. The other truck will replace an existing vehicle that
has met and exceeded its service life.
Competitive bids were opened by H-GAC on November 12, 1998 for
pumper fire apparatus. Responses were received from seven bidders and
their Texas licensed dealers:
Emergency One, Inc. Ocala, Florida
Ferrara Fire Apparatus, Inc. Holden, Louisiana
Ladder Towers, Inc. Ephrata, Pennsylvania
Pierce Manufacturing, Inc. Appleton, Wisconsin
Smeal Fire Apparatus Co. Snyder, Nebraska
Quality Manufacturing, Inc. Talledega, Alabama
General Safety Equipment Wyoming, Minnesota
H-GAC staff reviewed all bid responses including base prices and priced
options. Bids were awarded to the bidder providing the lowest
responsible bid with the best value in each category of pumper fire
apparatus.
The Fire Engine Replacement Capital Project budget amount is
$550,000. The low bid is from Emergency One, Inc. of Ocala, Florida
through the Houston Galveston Area Council (HGAC) cooperative
contract at the purchase price of $544,754. The Texas licensed dealer
for Emergency One, Inc. is Daco Fire Equipment, Inc. of Lubbock,
Texas.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions.
REGULAR AGENDA
ORDINANCES FOR PASSAGE
(65.) Ordinance No. 10175 - Amendment of the Zoning Code for the
districts within which carnivals can request a conditional use permit
from the Zoning Board of Adjustment (second and final reading).
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ORDINANCE NO. 10175
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
PERMITTING THE ZONING BOARD OF ADJUSTMENT TO GRANT SPECIAL
EXCEPTIONS FOR CARNIVALS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on second and final reading
Ordinance No. 10175 as recommended by staff. Motion carried:
6 Yeas, 0 Nays. Councilmember Hernandez recused himself.
The next item considered was Item No. 77.
4:10 P. M. CITY COUNCIL RECESSED
4:33 P. M. CITY COUNCIL RECONVENED
PUBLIC HEARINGS, ZONING
(66.) Ordinance No. 10179/Zone Case No. 1977-F (north of 73rd Street
and west of Slide): Continuation of request of Hugo Reed and
Associates (for BenCor Development/Properties) for a zoning change
from GO to C 2A tied to a site plan on 2.02 acres of land out of
Section 27, Block E-2. (Public hearing has been closed.)
This item was considered following Item No. 86.
ORDINANCE NO. 10179
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1977-F; A ZONING CHANGE FROM GO TO C-2A
ZONING ON 2.02 ACRES OF LAND OUT OF SECTION 27, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The proposal is construction of a building for Walgreen's that is tied to a
site plan. The zoning requested is C2A. Adjacent land uses:
North - zoned GO - vacant
South - single family
East - single family
West - single family
The proposal does not conform with the Comprehensive Land Use Plan.
The current Plan continues to illustrate residential. The existing zoning
on the parcel is Garden Office, which does not specifically conform with
the residential status of the Comprehensive Plan, but Garden Office is
listed as a buffer district in the Plan, meaning that the district is intended
to be located between residential and commercial. At this location, there
is not currently any commercial from which the adjacent residential
needs to be buffered. Zoning policy does not promote commercial use
away from major thoroughfare intersections, although it is obvious that
the policy has not held completely along Slide Road from 66th to 82nd
Streets.
Regular City Council Meeting
August 12, 1999
Page 81
Several area residents expressed concern about increased traffic. 73rd
Street has a "collector" designation and carries a lot of traffic to and
from Slide Road. Traffic issues exist now, and the increase of
Walgreen's versus the professional office potential is probably about the
same depending on the occupants of the offices.
During visits with the proponents prior to the hearing, the Planning staff
indicated that they would be given an opportunity to convince adjacent
owners of the benefit of the proposed use. The mailed returns from the
200-foot notice area were approximately 11 in favor of the request and
eight in opposition. Of the 11 in favor, four are from east of Slide Road.
Responses from outside the notice are seems to be four in favor, three in
opposition. The response form was photocopied and several apparent
tenants signed, which creates some confusion for the actual counts.
Several adjacent residents spoke in person against the proposal, none in
favor.
The Planning and Zoning Commission recommended approval of the
request subject to the following conditions:
1. Tied to site plan #1977-F, with the exception of signage.
Proposed signs shall comply with the Zoning Code.
2. Eight -foot high cedar screening fence along the west side of the
property attached to steel posts.
3. Five-foot high masonry screening fence along the south line of
the property with an opening for the standard driveway entrance
onto 73rd Street. Five-foot high fence stops approximately 105
feet from east property line on Slide Road with a pedestrian
opening. Three-foot high masonry fence continues east to a point
that is approximately 43 feet from the east property line on Slide
Road.
4. Seven foot high cedar screening fence with steel posts and a
concrete footing along the west property line of Lots 274, 275
and 288, Spanish Oaks Addition.
5. To reduce glare, the direction of light from wall and parking lot
lighting fixtures will be emphasized.
The Planning Department staff did not make a recommendation. The
proponent designed a site plan, screening fence and landscape plan to
soften many of the effects of the project on adjacent residential.
Nevertheless, the homes on the south side of 73rd will look directly over
the five-foot wall at the tall commercial building face with lights and
signs. It does not appear that buffering options with the existing Garden
Office zoning were explored. As a general rule, stable single-family
homes should not be forced, after the fact, to face into commercial
without exhausting all other reasonable alternatives. This case should
not be approved.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
4:35 P. M. CITY COUNCIL RECESSED
5:00 P. M. CITY COUNCIL RECONVENED
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PUBLIC HEARINGS, BUDGET
(67.) Hold a public hearing on proposal to increase tax revenues for Fiscal
Year 1999-2000.
Mayor Sitton opened the public hearing at 5:00 p. in. The following
persons spoke:
Max Winn
Mikel Ward
David DeLamar
Brad Clardy
Loran Partigianoni
Mayor Sitton closed the hearing at 5:18 p. in.
At its budget review meetings the week of June 30, the City Council
discussed the proposed budget and the proposed tax rate that would be
necessary to fund both the debt as well as maintenance and operations
requirements for the General Fund. At a meeting on July 27, the City
Council set August 12 at 5 p. in. as the date to hold a public hearing on a
proposal to increase tax revenues.
As a result of changes made two legislative sessions ago, as part of the
school finance tax reform, the process for adopting a tax rate was
changed. Some changes were made in the recent session that will
reinstate provisions relating to the effective tax rate calculation.
However, those changes will not impact us until the 2000-2001 budget
process. In past years municipalities had the latitude to adopt and levy a
tax rate of up to 3 % above the effective rate (that rate which will
generate the same amount of revenue from the same property on the tax
rolls the prior year) without requiring publication of notices and a
separate hearing to announce a tax increase. This allowed municipalities
a modest growth of up to 3 % over the effective rate in order to offset
some of the increased cost of services and delivery of additional services
in a growing community.
The state law currently requires that notices be published and an
additional public hearing be held (in addition to the regular public
hearing on the budget) for any increase in revenue over the prior year;
regardless of whether the increase is a result of revaluation or new
improvements.
Truth -in -taxation laws very strictly regulate the calculation and timetable
for the adoption of a tax rate as well as the form for the published
notices.
The rate of 58 cents per $100 valuation proposed for the FY 1999-2000
Budget, although the same nominal rate as adopted last year, will raise
more property tax revenues. The required notice setting the public
hearing date and recording Council's vote on the proposal to increase tax
revenues was published as required by law.
The final certified tax from the Lubbock Central Appraisal District was
$6,180,041,846. New property and improvements totaled $144,622,294
with changes and reevaluations totaling $15,831,143.
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Regular City Council Meeting
August 12, 1999
Page 83
A rate of 58 cents per $100 valuation as proposed by Council will result
in revenue for maintenance/operations, debt service and economic
development totaling $35,844,242. This is an increase of $961,386 in
revenue over prior years.
The preliminary budget submitted for the budget work session the week
of June 30 was based on estimated values from LCAD of
$6,135,000,000. The final certified tax roll amount totaling
$6,180,041,846 was received on July 23. The change in taxable value
resulted in an additional $261,242 in revenue (at 100% collection and
$256,018 at 98 % collection) to the General Fund. Staff's
recommendation is that this be used to potentially offset sales tax
revenues for FY 1999-2000 because of serious concerns regarding
narrowing sales tax margins, as well the anticipated impact of recent
state legislation which approved new sales tax exemptions. These
exemptions will impact sales tax revenues received by the City, which
comprise approximately 29% of General Fund revenues.
After today's public hearing the remainder of the budge schedule is as
follows:
August 17: Publish second '/a page ad "Notice of Vote on Tax Rate".
Must be published before meeting to adopt and levy tax rate.
August 26: At its regular Council meeting, second reading of ordinances
to adopt budget, adopt and levy tax rate, adopt any rate change
ordinances. After adoption, a copy of the final budget is filed with City
Secretary and County Clerk's Office.
The only action required by Council following this public hearing is to
set the date of the public meeting at which they will be adopting the
proposed tax rate. This time and date may be set by minuted action of
the Council. The meeting MUST be held no less than three days and no
later than 14 days after the public hearing on proposal to increase tax
revenues. That date is currently set for August 26 at 10:30, which is the
time of the next regularly scheduled Council meeting.
5:18 P. M. CITY COUNCIL RECESSED
5:30 P. M. CITY COUNCIL RECONVENED
(68•) Hold a public hearing on the proposed Fiscal Year 1999-2000 budget
for the City of Lubbock.
Mayor Sitton opened the public hearing at 5:30 p. in. The following
persons spoke:
Brad Clardy
David DeLamar
Mikel Ward
Max Winn
Kevin McMahan
Mayor Sitton closed the hearing at 6:01 p. in.
A public hearing has been posted and notices published as required by
state law to allow taxpayers an opportunity to comment on the proposed
FY 1999-2000 budget. The public hearing was scheduled for
5:30 p. in. on Thursday, August 12. Staff comments were provided by
Anna Mosqueda, Director of Management Services.
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Regular City Council Meeting
August 12, 1999
Page 84
The budget was filed with the City Secretary's office as required by state
law and also made available for public review at the City Libraries and
Community Centers.
The proposed budget complies with all legal requirements and all
mandatory notices have been published.
No property tax rate increase is proposed; it remains at 58 cents per
$100 valuation.
This budget incorporates the first 3 % of a proposed 6 % rate increase for
the Sewer Fund and the first 3 % of a proposed 12 % increase for the
Water Fund to fund the North Panhandle Plains Project. The increase
for this project was originally proposed to be 15 %.
The Community Improvement Fund established last year will receive 1 %
of gross revenues from those funds, General and Enterprise, that benefit
from community growth. Additionally, the Solid Waste Fund will
contribute an additional enhanced contribution of $1,000,000 to the
Community Improvement Fund. The Community Improvement Fund is
a separate fund that will be for economic development projects as
approved by Council. At the end of each fiscal year the transfers will be
made subject to any extraordinary events that might require the funds to
be used to meet operating requirements. Annual review will be
conducted prior to transfer to ensure that the transfer to the Community
Improvement Fund does not jeopardize the integrity of the contributing
operating funds.
GENERAL FUND:
The rate of 58 cents per $100 valuation (which is the same as adopted
last two years) will raise additional revenue as result of new growth and
re -valuations.
This year's total taxable value as certified by the Lubbock Central
Appraisal District is $6,180,041,846.
General Fund expenditures are projected to be $84,182,794. This
represents an increase of $398,084, or less than 1/2 of one percent over
the original 1989-99 budget. This includes a one-time fund balance
utilization of $671,754 for one-time capital item expenditures.
ENTERPRISE FUNDS:
There have been no changes to the Enterprise Fund budgets since
Council work session discussion the week of June 30. Enterprise fund
budgets are as follows:
Electric — $74,843,433; increase of $2,657,528
Water — $27,819,029; increase of $687,168
Sewer — $18,145,340; increase of $1,717,641
Solid Waste — $17,187, 856; increase of $14,042
Airport — $4,812,413; decrease of $123,956
Transit (Citibus) — $879,200 contribution from General Fund
remains the same
Regular City Council Meeting
August 12, 1999
Page 85
Stormwater — $1,935,200; increase of $95,093
OTHER FUNDS:
Economic Development Fund — 1,816,933; increase of $7,944
Debt Service — $22,940,084; increase of $2,204, 674 for Water
and Sewer debt service
The public hearing allowed for citizen comment on the 1999-2000
Budget. After closing the public hearing, the Council action items are:
1. Minuted action to set date and time for public meeting to set and
levy tax rate.
2. First readings of ordinances: adopting the budget, setting and
levying tax rate, change to sewer rate, change to water rate, fire
assignment pay, fire certification pay, TMRS increase to service
annuities for retirees.
(69.) Set date for public meeting to adopt and levy tax rate for Fiscal Year
1999-2000.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to set August 26, 1999 as the date for the public
meeting to adopt and levy tax rate for Fiscal Year 1999-2000. Motion
carried: 7 Yeas, 0 Nays.
(70.) Ordinance No. 10180 approving and adopting a budget for Fiscal
Year 1999-2000 for the City of Lubbock (first reading).
ORDINANCE NO. 10180
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR
FISCAL YEAR 1999-00 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE
FUNDS FOR THE 1999-00 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 1999-2000. The budget ordinance must be
considered first, followed by the ordinance on the tax rate. The
ordinance will be placed on the August 26 Council agenda for second
reading and adoption of the budget.
Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10180
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(71.) Ordinance No. 10181 setting the tax rate and levying a tax upon all
property subject to taxation within the City of Lubbock, Texas for
year 1999 (first reading).
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Regular City Council Meeting
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Page 86
ORDINANCE NO. 10181
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 1999; 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 ordinances. This
is the first reading of the ordinance adopting and levying a tax rate for
the City of Lubbock for Fiscal Year 1999-2000. 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 rate proposed is 58 cents per $100 valuation, based on a tax roll of
$6,180,041, 846 as certified by the Chief Appraiser of the Lubbock
Central Appraisal District. The tax rate is to be distributed as follows:
Debt Service: $0.12161
General Fund M&O $0.42839
Economic Development Fund $0.03000
Staff recommended approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10181 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(72.) Ordinance No. 10182 amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, Texas with regard to rates
charged for sewer service (first reading).
ORDINANCE NO. 10182
AN ORDINANCE AMENDING SUBPARAGRAPHS (a) AND (b) OF
SECTION 28-86 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK
BY REVISING SEWER RATES AS CONTAINED THEREIN; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Each year the City of Lubbock evaluates the revenue projections as well
as operating and capital requirements based on a ten-year rate model.
As a result of two major projects undertaken during fiscal year 1998-
1999 and increased operating requirements over the past several years, it
has become necessary to increase sewer rates in order to meet the annual
financial requirements associated with wastewater collection, treatment
and disposal. After extensive review of various scenarios using 10-year
rate model, staff has determined that a minimum six percent rate increase
is necessary. The first increase will be three percent beginning
October 1, 1999. This is the first in a series of increases that will be
required to meet operational obligations. To determine need for any
future rate increases, revenues and expenses will continue to be reviewed
annually to determine the appropriate level of increase that is required.
The last increases were 1991 - 1994 and were dedicated to funding the
Regular City Council Meeting
August 12, 1999
Page 87
rehabilitation of the wastewater plant and the rehabilitation and
expansion of the land application site. The "phase -in" approach to rate
increases, utilizing rate stabilization, eases the burden to the citizens.
Staff recommended the passage of this ordinance.
Bob Cass, City Manager: Mayor, Items 72 and 73, we would like to
make a change in the ordinance. We will bring that back to you on
second reading. The comments indicate correctly that, with regard to
the sewer service, the staff was recommending a 3 % increase for the
forthcoming fiscal year, followed by a 3 % increase the following fiscal
year, and that the water rate is being recommended at a 3 % rate
increase, 4 % the following year, and 5 % the next year. When I read
through the ordinances, we left off the second increment on the sewer
rate and the second and third on the water rate, so we would recommend
that you pass these ordinances with the directive to the staff to revise
them on second reading to include the 3 % the following fiscal year on
sewer, and the 4 % and 5 % the following two years on water rate.
Otherwise, the staff would recommend approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10182
with the amendment shown above as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
(73.) Ordinance No. 10183 amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, Texas with regard to rates
charged for water service (first reading).
ORDINANCE NO. 10183
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING
SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Each year the City of Lubbock evaluates revenue projections as well as
capital and operating requirements for the Water Fund based on a 10-
year rate model.
In 1996, Canadian River Municipal Water Authority (CRMWA) member
cities elected to participate in the North Panhandle Water Project. This
project involves CRMWA purchasing 42,765 acres of water rights
northeast of Borger, Texas. Following the drilling of the wells and
construction of the pipelines and other improvements, this groundwater
will be pumped to the CRMWA pipeline where it would be blended with
surface water from Lake Meredith and delivered to member cities,
including Lubbock. Following completion of the North Panhandle
project, Lubbock can anticipate 100 % water allocation from CRMWA,
or a total of almost 12.5 billion gallons per year. This amount is
comparable to Lubbock's average water demand over the past 15 years.
Lubbock's portion of the project is estimated to be $31,500,000. To
reduce to amount of debt issued for the project, Lubbock funded a
portion of this project, $7,100,000, from accumulated and available
reserves. The balance will be funded by the issuance of Certificates of
Obligation.
Regular City Council Meeting
August 12, 1999
Page 88
The expense related to this project for fiscal year 1999-2000 is for the
first interest payment of $994,000. The first three -percent rate increase,
which will be effective October 1, 1999, is expected to generate
$793,000. The remaining $201,000 will be funded using existing cash
reserves.
This is the first of three successive rate increases necessary to fund this
project. As has been previously discussed with Council, the 15 % rate
increase had been able to be deferred for several years as a result of
being able to cash flow portions of the project as well as CRMWA,
BOR, and environmental delays.
This is the first of three successive rate increases that will be required to
fund the North Panhandle Water Project. The total amount should not
exceed twelve percent over the three-year period. The "phase -in"
approach to rate increases, utilizing rate stabilization, eases the burden to
the citizens.
Staff recommended the passage of this ordinance.
Bob Cass, City Manager: Mayor, Items 72 and 73, we would like to
make a change in the ordinance. We will bring that back to you on
second reading. The comments indicate correctly that, with regard to
the sewer service, the staff was recommending a 3 % increase for the
forthcoming fiscal year, followed by a 3 % increase the following fiscal
year, and that the water rate is being recommended at a 3 % rate
increase, 4 % the following year, and 5 % the next year. When I read
through the ordinances, we left off the second increment on the sewer
rate and the second and third on the water rate, so we would recommend
that you pass these ordinances with the directive to the staff to revise
them on second reading to include the 3 % the following fiscal year on
sewer, and the 4 % and 5 % the following two years on water rate.
Otherwise, the staff would recommend approval.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10183
with the amendment as shown above as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
(74.) Ordinance No. 10184 amending Chapter 7, Subsection 7.65 of the
Code of Ordinances of the City of Lubbock, Texas, with regard to
assignment pay for civil service members of the City of Lubbock Fire
Department (first reading).
ORDINANCE NO. 10184
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SUBSECTION 7.65 WITH REGARD TO ASSIGNMENT PAY
FOR CIVIL SERVICE MEMBERS OF THE FIRE DEPARTMENT OF THE CITY
OF LUBBOCK, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
As part of the compensation package for the fiscal year 1999-2000
additional assignment pay and certification pay was recommended for
certain members of the fire department who serve in special assignments
or functions. There was an existing ordinance that authorized
assignment pay, but it needed amending to allow for the additional
Regular City Council Meeting
August 12, 1999
Page 89
assignments and functions. This proposed revision will expand the
assignment pay to certain members in the suppression, training, and fire
prevention division who perform these specialized functions, and obtain
specialized training to better serve our citizens.
Staff recommended first reading of this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10184
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(75.) Ordinance No. 10185 defining terms regarding certification pay for
civil service members of the City of Lubbock Fire Department,
providing for such certification pay and the requirement and basis
thereof (first reading).
ORDINANCE NO. 10185
AN ORDINANCE DEFINING TERMS IN RELATION TO CERTIFICATION
PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE DEPARTMENT OF THE
CITY OF LUBBOCK, PROVIDING FOR SUCH CERTIFICATION PAY AND THE
REQUIREMENTS AND BASIS THEREFOR, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN
EFFECTIVE DATE HEREOF.
As part of the compensation package for the fiscal year 1999-2000
additional assignment pay and certification pay was recommended for
certain members of the Fire Department who serve in special
assignments or functions, and receive specialized training. This
ordinance will establish the requirements for eligibility for receiving
certification pay and define which areas of certification will be eligible
for such pay.
Staff recommended first reading of this ordinance.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10185
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(76•) Ordinance No. 10186 to authorize a repeating annual increase equal
to fifty percent of the change in the Consumer Price Index for
retirement annuities under the Texas Municipal Retirement System
(TMRS) (first reading).
ORDINANCE NO. 10186
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.
In 1995, the City Council adopted an ordinance authorizing an annual
repeating increase to TMRS retirement annuities. The increase was
equal to 30 % of CPI change. Representatives of the retirees' association
had requested the City to fund increases equal to 70 % of CPI change
(TMRS maximum). The City's desire was to phase in a higher level of
increase as budget considerations permitted. In 1998, the City Council
adopted an ordinance raising the increase rate to 40% of CPI change.
Regular City Council Meeting
August 12, 1999
Page 90
The City recommended adoption of an annual repeating increase for
annuities equal to 50 % of CPI change. If adopted, an individual's
monthly benefit amount will increase by 50 % of the total increase in the
Consumer Price Index since the individual's retirement, less any
previous 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, 2000.
Staff recommended approval.
Motion was made by Councilmember McDougal, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10186
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
TRANSPORTATION SERVICES
(77.) Resolution No. 6459 authorizing the Mayor to execute an interlocal
agreement with Lubbock Reese Redevelopment Authority (LRRA) to
provide street and parking lot maintenance services.
This item was considered following Item No. 65.
RESOLUTION NO. 6459
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
by and between the City of Lubbock and Lubbock Reese Redevelopment Authority for
street maintenance services, attached hereto and any associated documents, which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mildred Cox
Mildred Cox
Director of Transportation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Interlocal Agreement is filed with Resolution No. 6459.
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Regular City Council Meeting
August 12, 1999
Page 91
Lubbock Reese Redevelopment Authority (LRRA) has requested that the
City of Lubbock allow the utilization of our contractor to provide street
and parking lot maintenance. The work would be accomplished by a
company (Keystone Construction) under contract to the City to provide
seal coat services. LRRA will provide the full cost of $45,000 to
accomplish this work but an Interlocal Agreement is needed. LRRA
states that this work must be completed by September 30, 1999, because
funding is provided by the U. S. Department of Defense and will lapse.
Mildred Cox, Director of Transportation, presented staff comments.
Approval is recommended.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass Resolution No. 6459 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(78.) Resolution No. 6460 authorizing the Mayor to execute Change Order
No. 1 to the 1999 street maintenance contract between the City of
Lubbock and Keystone Construction Company of Austin, Texas.
RESOLUTION NO. 6460
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Change Order No. 1, by
and between the City of Lubbock and the Keystone Construction Company, to the 1999
Street and Parking Lot Maintenance Contract, attached hereto, and any associated
documents, which Agreement shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings
Street Department Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Change Order #1 is filed with Resolution No. 6460.
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Regular City Council Meeting
August 12, 1999
Page 92
The City of Lubbock currently has a contract with Keystone
Construction to provide miscellaneous patching and seal coating as part
of the 1999 contract street maintenance program. Change Order #1 to
this contract will provide for $45,000 of additional patching and seal
coating of streets and parking lots designated by the Lubbock Reese
Redevelopment Authority. The $45,000 funding necessary for this work
will be provided by LRRA. All work authorized by this change order
must be completed by September 30, 1999.
Original Contract Amount $880,971.85
Change Order #1 Amount 45,000.00
Revised Contract Amount $925,971.85
Percent Increase 5 %
Mildred Cox, Director of Transportation, presented staff comments.
Approval of the resolution was recommended.
Motion was made by Councilmember Cooke, seconded by
Councilmember Ince to pass Resolution No. 6460 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 80.
(79.) Resolution No. 6428 authorizing the Mayor to execute Amendment
No. 2 to the contract with Parkhill, Smith and Cooper, Inc. for
engineering services for storm drainage feasibility and design: Clapp
Park to North Fork of the Double Mountain Fork of the Brazos
River (Canyon) and Overflow Playas upstream of Clapp Park.
This item was considered following Item No. 84.
RESOLUTION NO. 6428
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Amendment No. 2 to the
contract for Engineering Services for Storm Drainage Feasibility Study and Design:
Clapp Park to North Fork of the Double Mountain Fork of the Brazos River (the
Canyon) and Overflow Playas Upstream of Clapp Park, by and between the City of
Lubbock and Parkhill, Smith & Cooper, Inc., and all related documents. Said
Amendment No. 2 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.
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Regular City Council Meeting
August 12, 1999
Page 93
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Amendment No. 2 is filed with Resolution No. 6428.
In response to the work session presentation in June 1999, staff was
given direction to proceed with an amendment to the Clapp Park design
contract with Parkhill, Smith, and Cooper, Inc. to begin an alternatives
analysis for the System G drainage system. System G includes Phil Hoel
Lake, Lakeridge Lake North, Lakeridge Lake South, Guy Park Lake,
McCullough Park Lake, Earl Crow Park Lake, and six lakes yet to be
named.
The amendment includes the alternatives analysis for a ten-day drain
down storm sewer, a thirty -day drain down storm sewer, a sixty-day
drain down storm sewer, and a ninety -day drain down storm sewer. The
criteria involved would be similar to what was looked at for System E
(Clapp Park Project).
Highlights of the amendment regarding System G are as follows:
1. A model of the south Lubbock playa lakes chain to determine the
existing conditions, a future "no action" condition, and the best
overall project.
2. Coordination and establishment of all underground utilities within
the proposed routes.
3. A flood damage analysis.
4. Opinion of probable cost.
5. Participation in neighborhood meetings and the holding of one
public meeting.
6. Regulatory agency coordination.
7. A final report and Council presentation.
The total contract amount for Part 1 of the amendment is a not to exceed
amount of $404,268.
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Regular City Council Meeting
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Page 94
Part 2 of the amendment provides funds for additional work on Phase II
Design and Bidding Phase Services (Amendment #1). This includes
additional work in locating an existing storm sewer in the area where the
proposed LP&L substation is planned. This work took several days to
complete and was unknown prior to the previous contract amendment.
The additional cost covers the onsite supervision of an excavator and
survey crew. Part 2 of the amendment is a not to exceed amount of
$6,464.
The total amendment cost is $410,732. Staff feels that this cost is
reasonable and that it would be in within the reasonableness guidelines
for a formula developed by the Texas Society of Professional Engineers
for calculating engineering fees related to services for construction
projects.
Marsha Reed, Senior Civil Engineer, presented staff comments.
Staff recommended approval of this amendment. The final report on
System G is expected to be presented to the City Council in May 2000.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass Resolution No. 6428 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was the Consent Agenda.
HEALTH AND COMMUNITY SERVICES
(80.) Resolution No. 6461 authorizing the Mayor to transfer various items
of dental equipment listed on Exhibit A of the resolution to the
Community Health Center of Lubbock to be used in the furnishing of
dental services to the citizens of the City of Lubbock.
This item was considered following Item No. 78.
RESOLUTION NO. 6461
WHEREAS, dental services will no longer be provided by the City of Lubbock
after August 31, 1999, and such services will be provided by the Community Health
Center of Lubbock instead; and
WHEREAS, the City Council of the City of Lubbock deems it to be a public
purpose and in the best interests of the health of the citizens of Lubbock to provide
various items of dental equipment to the Community Health Center of Lubbock so that
such equipment will continue to serve the public; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves the transfer of
various items of dental equipment listed on the attached Exhibit A to this Resolution to
the Community Health Center of Lubbock to be used in the furnishing of dental
services to the citizens of the City of Lubbock. The City Council finds such transfer to
be for a public purpose and in the best interests of the citizens of the City of Lubbock
Exhibit A shall be a part of this Resolution as if fully copied herein in detail.
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Page 95
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Camden
Tommy Camden
Public Health Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 6461.
For over 40 years, the City of Lubbock Health Department has operated
a dental clinic. In 1957, dentists in Lubbock initially established a dental
clinic at the old City Health Department building originally located at
1202 Jarvis Street. This clinic was originally staffed by volunteer
dentists from our community and provided free dental care for those in
the lower income groups. From 1957 to 1966 the clinic was manned
solely by volunteer dentists. In 1966 state funds were provided for a
part-time dentist and funding from the state continued for many years.
Funding and equipment over the years came from a variety of sources
with the City of Lubbock, Lubbock Dental Society, and the State Health
Department having all contributed to this operation over the years. In
the early years as well into the later years there has always been the need
for better equipment, more adequate working area, and more volunteer
dentistry support to handle the numerous requests for services. Dale
Drennan, DDS with the Texas Department of Health, currently estimates
the clinic now sees approximately 1,100 to 1,200 new patients each year
with the actual number of appointments exceeding 3,000.
Around August 1995, when the Health Department was going through its
reorganization phase and downsizing, the City essentially stopped
providing General Fund budget money (personnel, equipment, and
supplies) for dental services. Agreements were reached with the State
Health Department to continue operating the clinic for children's services
at our facility. This will continue until August 31, 1999 when all dental
operations will cease at the Health Department. The State will no longer
fund the clinic and has been working with the Community Health Center
of Lubbock (CHCL) to transfer STATE equipment, supplies, and one
position (dental assistant) to CHCL. CHCL will assume all other
operational costs.
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Page 96
The City has several equipment items (dental chairs, dental units, pumps,
etc.) in the Dental Clinic, which staff would like Council approval to
transfer to CHCL in exchange for continuation of dental services to the
children in Lubbock. This would further the Council goals of the City
providing less direct clinical services. The City does not actually fund
any of the services anymore other than providing equipment and space to
TDH to operate the clinic. This would also centralize all the indigent
dental services being provided in Lubbock under a single agency.
This dental equipment transfer will benefit the indigent dental health
program for the citizens of Lubbock by allowing the uninterrupted
continuation of children dental services. This will also facilitate
centralizing indigent dental services under a single agency and fulfills
Council direction for continued elimination of duplication of services.
Therefore, staff recommended approval of the resolution.
Tommy Camden, Public Health Manager, presented staff comments.
Also presenting comments were Dr. Del Drenan, Texas Department of
Health; Dr. Tom Williams, President of the South Plains Dental Society;
and Dr. Henan Johnson of the Presbyterian Clinic at the Community
Health Center.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass Resolution No. 6461 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
FINANCIAL SERVICES
(81.) Resolution No. 6462 approving recommendations from the Lubbock
Arts Alliance, Inc. for the second of two grant periods for 1999-2000.
RESOLUTION NO. 6462
WHEREAS, the Lubbock Arts Alliance has presented its recommendations on
the award of funds for the Arts Grants Program for the first grant period of 1999-2000;
and
WHEREAS, the City Council of the City of Lubbock has reviewed the
recommendations and hereby approves them for award; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the recommendations of the Lubbock Arts Alliance for the award of
funds for the first grant period of 1999-2000 are hereby accepted and approved as per
Exhibit A, attached hereto.
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Regular City Council Meeting
August 12, 1999
Page 97
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Connie Gibbons
Connie Gibbons
Manager of Cultural Arts
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of Exhibit "A" is filed with Resolution No. 6462.
Earlier this year the City Council entered into an agreement with the
Lubbock Arts Alliance, Inc., for the granting of $120,058 over two
granting periods for 1999-2000. The agreement is funded from
hotel/motel tax revenues. The agreement stipulates that the funds are to
be used in making grant awards to cultural arts organizations for the
encouragement, promotion, improvement, and application of the arts.
The funds represent 0.400 cents or (5.71429 %) of the seven cents local
share of the hotel/motel tax collected during the fiscal year ended
September 30, 1998.
In reviewing requests and developing funding recommendations for each
application, the Grants Review Committee follows guidelines that are
approved as part of the annual agreement. The Grants Review
Committee, composed of appointees of the City Council and appointees
of the Lubbock Arts Alliance, evaluates all the applications and submits
funding recommendations to the City Council for approval.
The Lubbock City Council is asked to approve $58,396 in grant awards
for the first of two grant periods for 1999-2000. Twenty-eight
applications were received on the June 1, 1999 deadline requesting a
total of $324,430. Eighteen are recommended for full or partial funding.
Included as part of the agenda back-up is a listing of the
recommendations from the City of Lubbock/Arts Alliance Grants Review
Committee.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Lubbock Arts Alliance, Inc. recommended approval of grant awards.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass Resolution No. 6462 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez
recused himself.
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Page 98
WATER UTILITIES
(82.) Resolution No. 6463 authorizing the Mayor to execute an agreement
with Black and Veatch, Inc. to complete a Water Distribution System
Master Plan.
RESOLUTION NO. 6463
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract between the
City of Lubbock and Black and Veatch, Inc. of Dallas, Texas to complete a Water
Distribution System Master Plan, and any other 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 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Managing
Director of Water Utilities
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
A copy of the Contract is filed with Resolution No. 6463.
This contract will authorize Black and Veatch to prepare a master plan
for the City of Lubbock water distribution system. The study will
determine what improvements are necessary to meet the current and
future demands of the water system.
This project is a critical component of the Water Utility's mission to
"...provide the best water and sewer service possible within the
resources available." Currently, during high demand periods, there are
certain areas of the city where water pressure falls below preferred
values. The study will determine what improvements are necessary to
correct this situation.
The plan will cost $215,000 and will be funded from the capital project
account: Southwest Lubbock System Mains Improvements. The project
budget is $250,000.
Ches Charthel, Chief Water Utilities Engineer, presented staff
comments.
Regular City Council Meeting
August 12, 1999
Page 99
Staff recommended execution of the agreement.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass Resolution No. 6463 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
MISCELLANEOUS
(83.) Resolution No. 6464 authorizing the Mayor to execute contracts with
Teldata, Inc. to purchase utility billing and customer information
system software.
RESOLUTION NO. 6464
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 Software License and
Maintenance Agreement, by and between the City of Lubbock and Teldata, Inc., and
related documents. Said Software License and Maintenance Agreement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by City Council this 12th day of August, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Sharlett Chowning
Sharlett Chowning
Information Technology Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Agreement is filed with Resolution No. 6464.
The Utility Billing/Customer Information System produces bills and
assists with the customer support for City of Lubbock's billing of
electric, water, solid waste, stormwater, and sewer. The current Utility
Billing/Customer Information System was originally written by the
City's Information Services staff in 1982 to run on a Honeywell
mainframe. In 1986 it was moved to the IBM mainframe, and in 1992 it
was moved to an RS/6000 running AIX. This system, although very
customized, no longer allows any flexibility in such areas as adding new
services or taking advantage of current technologies. The system
remains with the functionality as it existed in 1982. With electric
deregulation pending, a new system is imperative.
Regular City Council Meeting
August 12, 1999
Page 100
In September of 1998, the City of Lubbock issued a functional Request
for Proposal (RFP). Four companies who specialize in software for
Utility Billing and Customer Service returned this RFP. Harris, Teldata,
Orcom, and Severn Trent submitted responses and each put on a one -day
demonstration of their software's functionality. All of the respondents
completed evaluation worksheets consisting of 1881 requested functional
requirements. The RFP was evaluated on the following weighted
criteria:
40 %
Functional Requirements
10 %
Cost
20 %
Vendor Profile
20 %
Technical Requirements
10 %
Installation Plan/Time Frame
Of these companies, Teldata and Orcom scored the highest and were
then invited back for a five-day walk through of their products as
outlined in the functional requirements. The results of this
demonstration put Orcom 2 % ahead of Teldata in the evaluation process.
After numerous discussions with Orcom, both parties determined that a
contract resolution could not be reached. It was at this time that
negotiations with Teldata began. Teldata, a systems integrator, bid
SCT's Banner Customer Information Services software. SCT will
perform the implementation and installation of the software, as well as
modifications and interfaces.
The proposed project is scheduled for a 14-month installation. The
current system has been made Y2K compatible and is being run with the
Y2K fixes. The software from Teldata will cost $2,757,946 plus
expenses. The entire project will cost $3,400,000 and includes
hardware, interfaces from existing vendors and training.
SCT has been in business over 25 years, and this software is installed in
over 105 utilities. The base system software has a solid track record in
the utility industry. Public Service New Mexico; Atmos Energy;
Columbia Energy; Bangor Hydro, Alexandria, Louisiana; and Connexus,
Bryan, Texas and El Paso, Texas are some of the current users of SCT's
software.
The contract has some rather lengthy exhibits that are not included in the
agenda back-up. These are available for review if desired.
Paul Thompson, Director of Electric Utilities, presented staff comments.
Staff recommended approval of this contract to acquire SCT's Banner
Utility Billing and Customer Information Service software.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6464 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 85.
(84.) Present incorrect September 18th ballots for destruction; observe
destruction of incorrect ballots.
This item was the first item considered.
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Election Code 52.0064 Destruction of Incorrect Ballots:
a) If new ballots are prepared to make a correction on the ballot, the
authority (City Secretary) responsible for having the official
ballot prepared shall destroy the incorrect ballots in the presence
of:
(2) the authority responsible for ordering the election (City
Council).
b) The authority responsible for having the official ballot prepared
shall post in the authority's office a notice of the date, hour, and
place of destruction of the incorrect ballots. The notice must
remain posted continuously for the 72 hours preceding the
scheduled time of the destruction.
c) Any interested person is entitled to be present at the destruction
of incorrect ballots.
d) The authority responsible for having the official ballot prepared
shall prepare a record of the incorrect ballots that are destroyed.
The authority shall preserve the record for the period for
preserving the precinct election records.
The provider of ballots, Hart Information Services, Inc., incorrectly
labeled/numbered the ballots in that the ballot "stock" number and the
polling place precinct numbers are the same number. Stock numbers and
precinct numbers are correct through Precinct 30. City Precinct 40
follows Precinct 30 and the stock number should have been 40; however,
Hart used the sequential number of 31. Thus, all subsequent precinct
numbers and ballot stock numbers were not the same number. The early
voting clerks would have found the ballot numbering system confusing
and difficult to manage.
The supplier will provide replacement ballots at no cost to the City.
Kaythie Darnell, City Secretary, presented staff comments.
The City Secretary recommended that the City Council accept the
incorrect ballots for destruction. There is no resolution and no action.
The next item considered was Item No. 79.
BOARD APPOINTMENTS
(85.) Consider two appointments to the Citizens Traffic Commission.
This item was considered following Item No. 83.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Anna Jenkin and Tom Spoonts to
the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays.
(86.) Consider one appointment to the Electrical Board of Examiners.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Ron Reeves to the Electrical Board
of Examiners. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 66.
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6:07 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson made a motion to adjourn; Councilmember Nelson seconded
the motion. Motion carried: 7 Yeas, 0 Nays.
DY SITTON, MAY
ATTEST:
ayt 11
Darnell, City Secretary ----
Read and approved this a3h� day of J�Vkmhw 1999
FCT-
102