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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 30 Regular City Council Meeting 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). 31 Regular City Council Meeting August 12, 1999 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. 32 Regular City Council Meeting August 12, 1999 Page 33 (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. 33 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. 34 Regular City Council Meeting 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). 35 Regular City Council Meeting August 12, 1999 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. 36 Regular City Council Meeting 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 37 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). .O Regular City Council Meeting August 12, 1999 Page 41 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. 41 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. 42 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. ►1 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: 45 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. we 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 50 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. 51 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. 52 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. 53 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. 54 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. 56 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. 57 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. 59 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 62 Regular City Council Meeting August 12, 1999 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. 63 Regular City Council Meeting August 12, 1999 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. 65 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. 70 Regular City Council Meeting August 12, 1999 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) 71 Regular City Council Meeting August 12, 1999 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 72 Regular City Council Meeting August 12, 1999 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. 73 Regular City Council Meeting 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. 74 Regular City Council Meeting August 12, 1999 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) 75 Regular City Council Meeting August 12, 1999 Page 76 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. 76 Regular City Council Meeting August 12, 1999 Page 77 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 77 Regular City Council Meeting August 12, 1999 Page 78 $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). 79 Regular City Council Meeting August 12, 1999 Page 80 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 KF Regular City Council Meeting August 12, 1999 Page 82 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. MN 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. RE 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). �-*R Regular City Council Meeting August 12, 1999 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. a 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. 91 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. 92 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. 93 Regular City Council Meeting August 12, 1999 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. 94 Regular City Council Meeting August 12, 1999 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. 95 Regular City Council Meeting August 12, 1999 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. 0 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. 97 Regular City Council Meeting August 12, 1999 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. 100 Regular City Council Meeting August 12, 1999 Page 101 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. 101 Regular City Council Meeting August 12, 1999 Page 102 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