HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1998CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 22, 1998
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 22nd
day of October, 1998, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:32 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Victor Hernandez, Councilmember Marc McDougal, Council -
member David Nelson, Councilmember T. J. Patterson; Bob Cass,
City Manager; Anita Burgess, City Attorney; and Kaythie Darnell,
City Secretary
CITIZEN COMMENTS
Two citizens presented comments to the Council. They were:
Cecil Puryear, and
Alex Scarborough.
In reference to the annexation interlocal agreements, Mr. Scarborough
requested that the documents be reviewed. Ms. Burgess, City Attorney,
stated that the documents were in the process of being reviewed.
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
(Streets; Water Utilities); personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); and to
deliberate the purchase, exchange, lease, or value of real property
(Lubbock Power and Light; Water Utilities).
7:39 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 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 (Streets; Water Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
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October 22, 1998
Page 264
Building Board of Appeals
Complete Count Committee
Human Relations Commission
Library Board
Permit and License Appeal Board
Planning and Zoning Commission
Structural Standards Commission
( 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 (Lubbock Power and Light; Water Utilities).
9:38 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councihnembers were present.
(5.) Presentation on proposed future bond financing by Debra Forte,
First Assistant City Manager, and Betsy Bucy, Director of Finance.
( 6.) Presentation of 1998 update on City of Lubbock's Cost Recovery
program and Managed Competition Task Force policy discussion by
Debra B. Forte, First Assistant City Manager, and William de Haas,
Competition and Contract Manager.
( 7.) Report to City Council on results of RFP for Residential Recycling
Services (RFP #98177) by Vance Kemler, Solid Waste
Superintendent.
10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councihnember
Alex "Ty" Cooke, Councihnember Victor Hernandez,
Councihnember Marc McDougal, Councihnember 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 10:35 A. M.
( 8.) Minister Thomas Perchlik, First Unitarian Universalist Church, gave
the invocation.
(9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Market Lubbock, Inc.
Receiving: Alan White (unable to attend)
Planning and Zoning Commission
Receiving: Daniel Pope
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October 22, 1998
Page 265
CAC Community/Municipal Facilities Subcommittee
Receiving: Jim Brunjes
Mike Calfin
Jacque Garcia (unable to attend)
Dr. Heenan Johnson III (unable to attend)
Ross McKillip
Bonner Smith
Kay Sanford (unable to attend)
Maggie Trejo
Renee Underwood
Mayor Sitton named Mr. Brunjes as Chair.
Complete Count Committee
Receiving: Ernesto Barton
Waylon Carroll
Shirley Cleveland
Kay Fairbanks
Celia Glick
Letticia Martinez
Robert Massengale
Sandy Ogletree (unable to attend)
Dwight Pierce (unable to attend)
Rev. D. A. Smith
Michael Sommermeyer
John Walls
John Washington
Steve Watt
Mayor Sitton named Mr. Massengale as Chair.
Mayor Sitton recognized Rev. D. A. Smith's mother, Viccy Smith of
Los Angeles, California, and presented her with a Honorary
Citizen's Award.
CITIZEN APPEARANCES
(10.) Recognize Randy Neugebauer for his accomplishments in
transportation.
In the fall of 1997, the City Council went through their Council goal
setting. In that session, the Council as a body decided to continue efforts
to improve routes south of Lubbock to the Mexican border and the
seaports, and north of Lubbock through Amarillo to Denver.
As with so many worthwhile projects, a Councilmember is assigned as
liaison to lead the Council's effort. For this project, then
Councilmember Randy Neugebauer was assigned to the project.
Mr. Neugebauer coordinated efforts with Congressman Combest's office
and was able to obtain a high priority corridor designation in the newly
reauthorized ISTEA law which is now TEA 21 (Transportation
Efficiency Act for the 21st Century).
The designation means that the coalition's corridor is eligible for federal
funding. There has been $700 million designated for corridors and
border crossings over the next five years. This translates into $140
million available annually.
KIR
Regular City Council Meeting
October 22, 1998
Page 266
Mr. Neugebauer has also been instrumental in developing a coalition of
16 cities and counties in the region, in addition to developing
partnerships with chambers of commerce and businesses that have joined
this transportation initiative. This was highlighted with a Port -to -Plains
Summit in Amarillo where speakers from as far as Chicago were present
to speak about the merits of this project as well as educate others about
the coalition and its efforts.
Mr. Neugebauer recently was in Houston to provide testimony on the
City of Lubbock and the Ports -to -Plains corridor coalition. At the
session, Mr. Neugebauer advocated for funding for the Ports -to -Plains
Coalition. Next month, he will be in Colorado attempting to add
additional members to our coalition. Additionally, he will travel to
Mexico in that same month to continue to cultivate relationships with
Mexican nationals and learn firsthand how Mexico will interface with
Texas on border issues.
Staff recommended that Council present Mr. Neugebauer with a framed
and signed TEA 21 law.
(11.) Presentation by Mayor Sitton to Dale Chapman of the Chapman
Forestry Foundation for their generous contributions to the urban
beautification of the Lubbock community.
A. Dale Chapman, founder of the Chapman Forestry Foundation,
initially approached the Parks and Recreation Department with the desire
for trees at the Berl Huffman Athletic Complex. Mr. Chapman's
grandchild plays soccer at the Huffman Complex, and Mr. Chapman
thought more shade trees and windbreaks would be welcome additions at
that site. To this end, the Foundation agreed to donate $5,000 toward
the purchase of the trees for the Complex.
After the first donation, Mr. Chapman indicated the he was interested in
donating more trees in the city. As a professional forester for more than
60 years, Mr. Chapman knows the value of trees in a community's urban
beautification. In 1997, a proposal was prepared by the Parks and
Recreation Department and presented to the Foundation board. The
board accepted the proposal, and a tree planting and irrigation program
was developed for a five-year period totaling $100,000.
The emphasis on the program is to plant trees wherever there is a need
throughout the city. The Chapman Forestry Foundation donation, which
is being coordinated with the recently completed master plan, will see
more than 700 trees planted throughout the city in the five year period.
On behalf of the citizens of Lubbock, Mayor Sitton presented a plaque to
Mr. Chapman to express appreciation for the Foundation's contribution
to the quality of life in Lubbock.
(12.) Presentation by Mayor Sitton of the J. Howard Beard Award for
"Communication is Key: Developing a Public Health Reporting
Program" to the Health Department.
The Health Department was presented this award by the National
Association of County and City Health Officials (NACCHO) at the
NACHO Annual Conference held in St. Louis Missouri on September
25, 1998. In 1995, the City Council directed the Health Department to
get out of direct care. The Health Department initiated a process to
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October 22, 1998
Page 267
focus on the Core Public Health functions: Assessment, Policy
Development, and Assurance. A multi -dimensional system for
reportable health conditions was developed including:
• One telephone number with 24 hour access for reporting
conditions
• Conducting laboratory surveillance
• Developing a community -wide forum for the health care
community
• Educating providers of health care
• Presenting monthly reports
• Becoming involved in hospital's infection Control
Committees
Since the program was established, communicable disease reporting has
increased by over 2.5 tunes. Consortium attendance has increased from
40 agency representatives at the first meeting to 139 agencies. Studies at
the County -supported hospital showed that disease reporting doubled
between 1996 and 1997.
This national recognition shows the community that the Lubbock City
staff is on the cutting edge of developing innovative solutions to our
problems.
Mary Strange accepted this award on behalf of the Health Department.
(13.) Murray W. Coulter, President, Texas Tennis Association, presented
the United States Tennis Association "Outstanding Municipal Tennis
Facility for 1998" award to the Burgess/Rushing Tennis Center.
Murray W. Coulter, President, Texas Tennis Association, presented the
United States Tennis Association "Outstanding Municipal Tennis Facility
for 1998" award to the Burgess -Rushing Tennis Center. The criteria for
the award include facility design, layout, facility amenities, and the
programming offered.
The Burgess -Rushing Tennis Center is one of eleven such centers that
received the award in 1998. This is the second time that the facility has
received this recognition; the Center, then named the Municipal Tennis
Center, first received the award in 1986.
Located at 3030 66th Street, construction on the center began in 1977,
and the facility opened in 1978 featuring twelve full -regulation lighted
courts, bleachers, a pro shop, and excellent landscaping. The facility
was renamed the Burgess -Rushing Tennis Center in October 1997 in
honor of Hubert Burgess, often referred to as the "Father of Tennis" in
Lubbock, and W. B. "Dub" Rushing, known as "Mr. Tennis."
Improvements to the Center over the past six years have secured its place
among the premier tennis facilities in the nation. The improvements
include:
• Rebuilding and resurfacing the twelve courts
• New fencing for the courts
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Page 268
• New bleachers
• Lighting improvements
• Renovating restrooms for ADA accessibility
• Establishment of the Burgess and Rushing Memorial
Groves through a donation by the Hubert Burgess family
Furthermore, the facility will soon be enhanced with interior renovations
including carpet replacement and new exterior doors. In addition, new
benches, purchased with a $5,000 donation from W. B. "Dub" Rushing,
will be installed in October.
Murray Coulter, Lubbock resident and USTA Texas section president,
accepted the award on behalf of the center in White Plains, New York
during the U.S. Open Tennis Tournament last month.
The Burgess -Rushing Tennis Center fulfills its purpose by enhancing the
physical health and quality of life for the citizens of Lubbock.
Furthermore, the facility contributes to the economy by bringing major
tournaments, such as the Highway 80 event, to Lubbock. This award
exemplifies the City's commitment to maintaining and improving the
Burgess -Rushing Tennis Center.
The USTA "Outstanding Municipal Tennis Facility for 1998" award was
presented to Mayor Sitton. Mayor Sitton also recognized Dub Rushing
and invited him to speak.
TOP TEN
Councilmember David Nelson gave his Top Ten Positive Things About
Lubbock.
CONSENT AGENDA (Items No. 14 - 39)
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(14.) Approval of the minutes of the Regular City Council Meeting of
October 8, 1998.
(15.) Ordinance No. 10106 abandoning and closing a 20-foot Ingress -
Egress easement located along the west 20-feet of Lot 13, Spur 327
Business Park Addition to the City of Lubbock (5902 66th Street)
(second and final reading).
ORDINANCE NO. 10106
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT INGRESS -
EGRESS EASEMENT LOCATED IN LOT 13, SPUR 327 BUSINESS PARK, AN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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Page 269
(16.) Ordinance No. 10107 abandoning and closing two portions of 98th
Street just west of Orlando Avenue in Sections 14 and 17, Block E-2,
Lubbock County, Texas (9802 Orlando Avenue) (second and final
reading).
ORDINANCE NO. 10107
AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF
98TH STREET IN SECTION 14, BLOCK E-2 AND SECTION 17, BLOCK E-2;
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(17.) Ordinance No. 10108 abandoning and closing a 20-foot alley in
Section 7, Block B, and a 37.5-foot power line easement located in
Section 7, Block B, Lubbock County, Texas (3202 Avenue B) (second
and final reading).
ORDINANCE NO. 10108
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY
LOCATED IN SECTION 7, BLOCK B, LUBBOCK COUNTY, TEXAS, AND A
37.5 FOOT POWER LINE EASEMENT LOCATED IN SECTION 7, BLOCK B,
LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO RELECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(18.) Ordinance No. 10109 abandoning and closing portions of a 2.00-foot
LP&L easement in Lot 5 and a 10.00-foot utility easement in Lot 6,
Block 22, Coronado Addition to the City of Lubbock (2419 Hickory
Avenue) (first reading).
ORDINANCE NO. 10109
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 2.00
FOOT LP&L EASEMENT IN LOT 5 AND A 10.00 FOOT EASEMENT IN LOT 6,
BLOCK 22, CORONADO ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This ordinance abandons and closes a 2.00-foot LP&L easement along
the east two feet of Lot 5, Block 22, Coronado Addition and a 10.00-foot
utility easement along the west 10.00 feet of Lot 6, Block 22, Coronado
Addition. These easements are located just east of Globe Avenue and
- south of East 25th Street and are being closed for building purposes by
the Habitat for Humanity.
The Right -of -Way Department recommended approval of the first
reading of this ordinance.
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(19.) Ordinance No. 10110 abandoning and closing a five-foot LP&L
underground utility easement and six-foot by six-foot LP&L
switching enclosure easement in Tract B, Postar Addition to the City
of Lubbock (2407 82nd Street) (first reading).
ORDINANCE Q. 10110
AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT
UNDERGROUND UTILITY EASEMENT AND A SWITCHING ENCLOSURE
EASEMENT LOCATED IN TRACT B, POSTAR ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes an LP&L five-foot underground
utility easement along the west five feet of Tract B, Postar Addition and
a six-foot by six-foot switching enclosure easement at the southwest
corner of Tract B, Postar Addition. This addition is located just south of
82nd Street and east of University Avenue and is being closed for
building purposes. LP&L does not need these easements.
The Right -of -Way Department recommended approval of the first
reading of this ordinance.
(20.) Ordinance No. 10111 abandoning and closing a portion of Hartford
Avenue adjacent to Tract G, Westhaven Addition to the City of
Lubbock (220 Hartford Avenue) (first reading).
ORDINANCE NO. 10111
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
HARTFORD AVENUE ADJACENT TO TRACT G, WESTHAVEN ADDITION TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This 177.5-foot by 50-foot portion of Hartford Avenue is being closed as
part of the replatting process in the area north of 4th Street west of Gary
Avenue, and south of 2nd Street by Fourth Street Development for an
apartment complex. This 8,875 square foot portion of Hartford Avenue
was dedicated several years ago by plat and at present is a dead-end
street. The developers will be charged 18 cents per square foot (taken
from Appraisal District values and area sales) for this portion of
Hartford Avenue being closed for a total due the City of $1,597.50.
The Right -of -Way Department recommended the first reading of this
ordinance.
(21.) Ordinance No. 10112 amending Chapter 16, Motor Vehicle and
Traffic, Section 175.2 of the Code of Ordinances to add school zones
on Memphis Avenue at 86th Street (20 mph), and Slide Road
(FM1730) at 73rd Street (30 mph) (first reading).
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ORDINANCE NO. 10112
AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.
Honey Elementary (Memphis Avenue and 86th Street) has requested a
school zone for several years at this intersection but did not meet the
criteria established between LISD, Traffic Engineering and Lubbock
Police Department. This summer Traffic Engineering installed an all -
way stop at this location to improve safety. Since school began this
year, this area now meets the criteria for a reduced speed school zone.
Approximately 46 children cross the street at this location, and even with
an all -way stop a significant number of the cars are going over 30 mph
near this intersection. The new school zone 200 feet either side of the
intersection will be 20 mph.
Whiteside Elementary (just west of Slide Road and 73rd Street) has a
significant number of elementary students that must cross Slide Road at
the signalized intersection with 73rd Street. While there is a crossing
guard at this location, the guard has reported that the traffic on Slide
Road goes very fast and has often barely missed a child. The Citizen
Traffic Commission asked the Traffic Engineering Department to review
this location for a school zone at their May 1998 meeting. The first time
the Department was able to review it was September, which revealed it
also met the criteria for a school zone. The Department has already
obtained TxDOT's approval to install a school zone of 30 mph (reduced
from the normal 45 mph posted speed).
New construction costs for these two school zones are available in the
Traffic Signal Capital Projects Fund. Operations costs can be absorbed
in the existing Traffic Operations.
The Traffic Engineering Department and the Citizens Traffic
Commission recommended approval of the first reading of this
ordinance.
(22.) Resolution No. 6066 authorizing the Mayor to execute a monitor well
license with Western Marketing, Inc. for use of the city street (3305
Oxford Avenue).
RESOLUTION NO. 6066
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/Alley and/or City
Public Grounds Monitor Well Permit by and between the City of Lubbock and Western
Marketing, Inc., attached hereto, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
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Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Assistant City
Attorney
A copy of the Permit is filed with Resolution No. 6066.
This monitor well license allows Western Marketing, Inc.'s
representative, Daniel B. Stephens and Associates, to drill a monitor
well in the east parkway of Oxford Avenue, approximately 100 feet
south of 33rd Street. The Preston Milk Store at 4102 34th Street has had
fuel leaking into the ground from a fuel tank at this location and the
TNRCC has requested that they go off site with this investigation 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 well location.
The Right -of -Way Department recommended the approval of this
monitor well license.
(23.) Resolution No. 6067 authorizing the Right -of -Way Department to
make an offer to Lovelle G. Owens for a 11,053.21 square foot tract
of land out of Section 9, Block E, Lubbock County, Texas for the
82nd Street widening project, I-27 to Avenue U (1901 82nd Street).
RESOLUTION NO. 6067
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 the widening of
82nd Street, I- 27 to Avenue U, 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 such lands as needed for such purposes as aforesaid: NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described tract of land
located in Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
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A 11,053.21 square foot tract out of a 5.083 acre
o a tloc ted in Section
82nd
Block E, Lubbock County, Texas, being the p p rg
Street, being further described by metes and bounds as follows:
BEGINNING at a "PK" nail set in the South right-of-way line of 82nd Street
which bears S. 00001' 54" E. 40.00 feet from the Northwest corner of the
Northeast Quarter of Section 9, Block E, Lubbock County, Texas;
THENCE S.89057'29" E., along said South right-of-way line, a distance of
572.61 feet to a 1/2" rod with cap set for a point of intersection;
THENCE S. 87032' 12" W., along the proposed South right-of-way line of 82nd
Street, a distance of 324.02 feet to a 1/2" rod with cap set for a point of
intersection;
THENCE Southwesterly, along said proposed right-of-way line, around a curve
to the right, said curve having a radius of 875.21 feet, a central angle of
02030'21", tangent lengths of 19.14 feet and a chord distance of 38.27 feet to a
1/2" rod with cap set for a point of tangency;
THENCE N. 8905729" W., along said proposed right-of-way line, a distance
of 144.99 feet to a 1/2" rod with cap set for a point of curvature;
THENCE Southwesterly, along said proposed right-of-way line, around a curve
to the left, said curve having a radius of 30.00 feet, a central angle of
90000'28", tangent lengths of 30.00 feet and a chord distance of 42.43 feet to a
1/2" rod with cap set for a point of tangency in the proposed East right-of-way
line of Avenue "U";
THENCE S. 00002'05" W., along said proposed right-of-way line, a distance of
60.62 feet to a 1/2" rod with cap set for a point of intersection;
THENCE S. 02'D08' 15" W., along said proposed right -of way line, a distance of
46.83 feet to a 1/2" rod with cap set in the South line of said 5.083 acre tract;
THENCE N. 89057'29" W., along the South line of said 5.083 acre tract; a
distance of 33.75 feet to a 1/2" rod with cap set in the West line of the Northeast
Quarter of Section 9 for the Southwest corner of said 5.083 acre tract;
THENCE N. 00001'54" W., along the West line of said 5.083 acre tract and the
West line of the Northeast Quarter of Section 9, a distance of 152.42 feet to the
POINT OF BEGINNING.
SECTION 2. THAT the owner of said tract, being LOVELLE G. OWENS, BE
offered through the Right -of -Way Department of the City of Lubbock the amount of
$35,750.00, which is the amount appraised as the value and total damages for the fee
simple title and acquisition of said real estate 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.
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Passed by City Council this 22nd day of October, 1998.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buc
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising
Attorney/Office Practice
/s/ WINDY SITTON
WINDY SITTON, MAYOR
This 11,053.21 square foot tract of land is located at the southeast corner
of 82nd Street and Avenue U and is needed for the 82nd Street widening
project. This tract of land is for the turn radius of Avenue U and the
transition area of 82nd Street where the street is relocated northward.
This property was appraised by Tommy Cantrell, M.A.I. He appraised
this 11,053.2 square feet at $1.75 per square foot for a total taking of
$19,350. He appraised the damages at $16,400 due to the reduction in
property depth in the transition area. Therefore, our total offer to Mrs.
Owens is $35,750. This resolution authorizes the Right -of -Way
Department to offer the property owners this appraised amount and if
refused, institute condemnation proceedings to acquire the property.
The Right -of -Way Department recommended the approval of our offer to
Mrs. Owens.
(24.) Resolution No. 6068 authorizing the Mayor to execute an Interlocal
agreement between the City of Lubbock and Texas Tech University
Health Sciences Center to provide for services under the Texas
Department of Health Title V contract with TTUHSC.
RESOLUTION NO. 6068
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
to provide community disease prevention, education, and monitoring, by and between
the City of Lubbock and Texas Tech University Health Sciences Center, 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.
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Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Doug Goodman
Doug Goodman, Director of Health and
Community Services
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager
A copy of the Interlocal Agreement is filed with Resolution No.6068.
This is our third year of participation in the three-year grant from the
Texas Department of Health to TTUHSC. The program provides direct
and community services to low income, at -risk women and children who
do not have access to health care through Medicaid or private health
insurance. The grant fulfills the Core Mission of public health to
provide population -based services.
Overall program goals are to reduce fetal deaths, infant mortality and
low birth weight infants, and to increase the number of women receiving
first trimester prenatal care and postpartum health care. The Health
Department continues to educate women and providers and to facilitate
access to care, two of the Essential Services of Public Health. Through
our involvement with Title V, Part B, staff demonstrates the ability to
form cooperative working relationships with academia (TTUHSC) and
with private providers (the Presbyterian Clinic at Community Health
Center of Lubbock).
The interlocal agreement totals $77,898, an increase of $12,430 (19%)
over last year, due to increases in salary, fringe benefits, indirect costs,
and the addition of part-time clerical assistance. The contract will
provide sufficient funds for the salary and fringe benefits for a registered
nurse and a data entry clerk --the two individuals primarily responsible
for the success of this program. Staffing has not increased over last
year. The clerk will be provided through an employment agency. In
addition, funding for travel ($939), supplies ($518), and indirect
(administrative) costs ($2,376) is included in the contract.
This agreement supports the Health Department Mission Statement to
"develop new insights and innovative solutions to health problems."
Therefore, staff recommended approval of the resolution.
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Page 276
(25.) Resolution No. 6069 authorizing acceptance of water and sanitary
sewer improvements for Lots 258-300, Tract A7 and Tract A8,
Summerfield Addition to the City of Lubbock, Lubbock County,
Texas.
RESOLUTION NO. 6069
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM
IMPROVEMENTS FOR LOTS 258-300 AND TRACTS A7 & A8, SUMMERFIELD
ADDN. TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 258-300 and Tracts A7 & A8, Summerfield
Addition to the City of Lubbock, Lubbock County, Texas, has complied with the
provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock,
in providing the water and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $75,189.74 with the
improvements constructed by Utility Contractors of America having a value of
$48,331.85 as determined by the unit prices established by said Chapter 28, and
$26,857.89 cash paid to the City, which amount includes $25,691.66 cash for adjacent
lines, with Lubbock Land Company, the developer, to receive a refund of $0.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Page 277
Passed by City Council this 22nd day of October, 1998.
/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 Chamales
Linda 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 $75,189.74 including value of construction
costs of $48,331.85 and $26,857.89 cash paid to the City of Lubbock.
The developer, Lubbock Land Company, will not receive a refund and
there is no refund of deposit.
This subdivision is located at 89th Street and Detroit Avenue.
Staff recommended acceptance of these improvements.
(26.) Resolution No. 6070 authorizing the Mayor to approve an application
for a state administered, federally financed Holiday Driving While
Intoxicated Selective Traffic Enforcement Grant (DWI S.T.E.P.).
RESOLUTION NO. 6070
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 Agreement,
between the City of Lubbock and the State of Texas, for the Texas Highway Traffic
Safety Program, Selective Traffic Enforcement Program, Holiday Driving While
Intoxicated Selective Traffic Enforcement Program, a copy of which is attached hereto,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail. The City Council hereby agrees to a cash match of $3,990.00 from the City
to fund 50 % of the project, as required by the State of Texas in order to be eligible to
receive such State and federal assistance.
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Page 278
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Daniel T. Saluri
Daniel T. Saluri, Assistant City
Attorney
A copy of the Grant Agreement is filed with Resolution No. 6070.
This is a grant utilizing off duty personnel working overtime to enhance
the detection and apprehension of drunk drivers.
Awards for this grant have been set beginning with the first approved
holiday period, October 29-31, 1998, upon approval of the Lubbock City
Council. This is to be a 50150% funded grant in the amount of $8,000 to
be administered during FY 1998-99.
The Lubbock Police Department recommended the approval of this grant
proposal.
(27.) Resolution No. 6071 authorizing the Mayor to execute a contract with
The Price Communications Group to provide marketing services to
Citibus.
RESOLUTION NO. 6071
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 advertising
services for Citibus, by and between the City of Lubbock and The Price
Communication Group, 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.
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October 22, 1998
Page 279
Passed by City Council this 22nd day of October, 1998.
/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 Contract is filed with Resolution No. 6071.
This contract will allow marketing services to be provided to Citibus
from October 1, 1998 through September 30, 2001. The services were
included in the FY 1998 budget and will include the following:
improving the image of Citibus, preparing a detailed written marketing
plan for each fiscal year, creating and executing the Texas Tech
University ridership campaign, informing the public of any changes to
the system or the routes, building public sentiment that public
transportation is good for the City, preparing interior bus and shelter
signage, promoting different aspects of the system and services,
designing brochures and maps as necessary, contracting for the
placement of all advertising, and rendering any additional public
relations or marketing services as needed throughout the duration of this
contract.
An RFP was sent to all local advertising agencies, and the following four
agencies made presentations to the Lubbock Public Transit Advisory
Board (TAB) on September 22, 1998: The Ad Shoppe, Caviness
Advertising/Public Relations, Inc., Fellers, A Marketing and Advertising
Company, and The Price Communications Group. The evaluation
criteria are consistent with those selected by the TAB in 1990. The time
limits and order of presentations were carried out as directed by the
board chair and evaluations rendered by the board members following all
presentations. The Citibus staff responded to questions regarding the
presentations prior to the board selection. The agencies were evaluated
on the basis of content, creativity, qualifications, and experience. After
their presentations, the TAB members ranked the agencies in the
following order: (1) The Price Communications Group, (2) Caviness
Advertising/Public Relations, Inc., (3) Fellers, A Marketing and
Advertising Company, (4) The Ad Shoppe.
An increased awareness by the general public of Citibus' contribution to
the City, a positive image, and increased ridership are anticipated from
this contract. Citibus, upon directions of the Lubbock Public Transit
Advisory Board, therefore recommended approval of this contract.
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Page 280
(28.) Resolution No. 6072 authorizing the Mayor to execute Amendment
No. 1 to Contract No. 51905F-1004 with the Texas Department of
Transportation (TxDOT) for operating assistance.
RESOLUTION NO. 6072
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 #1 for the
State Urban Public Transportation Grant Agreement, by and between the City of
Lubbock and the Texas Department of Transportation, and related documents. Said
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 22nd day of October, 1998.
/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 is filed with Resolution No. 6072.
TxDOT is allocating an additional amount of $132,214 of public
transportation funds to the City of Lubbock for operating assistance to
maintain its public transportation system (Citibus) bringing the total
annual for FY 1998-99 in state operating assistance to $835,996.
Amendment No. 1 to the original contract becomes effective October 1,
1998, and shall terminate on August 31, 1999. There is a good
possibility that the City of Lubbock will receive additional funding from
the State after January 1999. Acceptance of Amendment No. 1 will
result in no additional cost to the City of Lubbock.
Citibus staff recommended the approval of Amendment No. 1 to
Contract No. 51905F-1004.
(29.) Resolution No. 6073 authorizing the Mayor to execute a Funding
Contract between the City of Lubbock and Lubbock United
Neighborhood Association.
M.T11
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October 22, 1998
Page 281
RESOLUTION NO. 6073
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 funding
neighborhood association organization and development, by and between the City of
Lubbock and Lubbock United Neighborhood Association, 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 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Director
of Strategic Planning
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. 6073.
In August 1998, as a part of the budget process, Council voted to
approve a one-time grant of $28,000 to Lubbock United Neighborhood
Association. The primary responsibilities of LUNA under this
agreement are to organize new neighborhood associations as requested
and to support existing neighborhood associations by printing
newsletters, maintaining a resource library and coordinating joint
neighborhood association workshops and activities.
Staff recommended approval of this resolution and contract.
(30.) Resolution No. 6074 authorizing the Mayor to execute a Land
Brokerage Policy for the Lubbock International Airport.
RESOLUTION NO. 6074
WHEREAS, the City of Lubbock finds that there is a need for a policy
regarding land brokerage at Lubbock International Airport; and
WHEREAS, the Airport Board of the City of Lubbock approved said policy.
NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Page 282
THAT the City Council of the City of Lubbock hereby adopts the Lubbock
International Land Brokerage Policy. Said Policy 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 22nd day of October, 1998.
/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 International Land Brokerage Policy is filed with Resolution No. 6074.
As a part of the Interport Trade Center development project, the airport
staff has evaluated a number of strategies for marketing commercial
property at the airport. While the evaluation will continue, one strategy,
the payment of brokerage fees to commercial realtors, has been identified
as being clearly effective. This agenda item proposes the establishment
of a brokerage fee policy for land leases at the airport that have an initial
term of at least 20 years.
The intent of this policy is to encourage the active participation of
brokers and site location specialists in the marketing of Interport Trade
Center. The policy is written such that local and national brokers alike
can participate. In addition, staff would retain the right to solicit and
acquire tenants through the efforts of Market Lubbock, Inc. and the
airport's internal marketing program.
The policy would establish a brokerage commission equivalent to the
first year's rent for all leases that have a term of at least 20 years. The
commission would be paid at a rate of 12.5 % of the total commission at
the end of each three-month period during the first twenty-four months
of the lease. Commission payments would be made only after the City
received rental payments for that period. This policy would ensure that
funding for the commissions would come only from the proceeds of new
land leases. It would also ensure that the airport land -leasing program
would maintain a positive cash flow at all times.
A similar policy was put in place ten years ago at El Paso International
Airport to market the Butterfield Trails Industrial Park and other airport
commercial properties. They now enjoy an occupancy rate of more than
90 percent. The El Paso staff attributes their success to the brokerage
policy.
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Page 283
A copy of the proposed policy was included in Council backup for
review.
The Airport Board has reviewed the policy and recommended approval.
Staff also recommended approval.
(31.) Resolution No. 6075 authorizing the Mayor to execute an agreement
with the Texas Department of Transportation (TxDOT) for a
Landscape Cost Sharing Program for streetscape improvements at
19th Street and the west I-27 frontage road.
RESOLUTION NO. 6075
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the citizens of the City of Lubbock to participate in the Texas Department
of Transportation's Landscape Cost Sharing Program for Streetscape improvements at
19th Street and the IH 27 West Frontage Road; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an "Application for Landscape Cost
Sharing Program;" an Agreement with the Texas Department of Transportation to
participate in such program; and any other related documents in connection with
Streetscape improvements at 19th Street and the IH 27 West Frontage Road. Said
Application and Agreement are attached to this Resolution and shall be a part hereof as
if fully set forth herein in detail.
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Managing Director of
Strategic Planning
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement is filed with Resolution No. 6075.
The City of Lubbock is working cooperatively with the John T.
Montford TDCJ Unit in Lubbock to develop a streetscape project for the
Depot Entertainment District. The inmates of the Montford Unit are
building entry markers and will be constructing brick pedestrian ways
throughout the district.
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Page 284
The City has applied for a Landscape Cost Sharing Program to develop a
Depot District/CBD Gateway Project at 19th and I-27 as an attractive
entryway into downtown Lubbock.
Execution of this agreement will allow TxDOT to fund landscape
materials, the Montford Unit to provide the labor, and the City to
provide design and in -kind support to complete $96,075 in improvements
at this gateway entrance to downtown and the Depot District. A Depot
District "Vision" Statement, adopted by the Depot District Association,
was included in Council backup for review.
Staff recommended approval of this resolution.
(32.) Consider the price and condition of sale of Parcel Number 33500-9-
210 at 121 North Avenue L in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to Joe
Stettheimer, Inc. for $400. The property is to be redeveloped with a
new 1,415 square foot single-family residence valued at $67,725. The
land is properly zoned.
The proposed sale was approved by the Urban Renewal Board of
Commissioners on January 20, 1998. The Community Development
staff recommended approval of the sale.
(33.) Consider the price and condition of sale of Parcel Number 92600-20
and -30 at 1505 Bates Street in the Guadalupe Area.
This is a routine sale of property by the Urban Renewal Agency to
Charles E. Key, d/b/a Key Construction, for $400. The property is to
be redeveloped with a new 1,069 square foot, single-family residence
valued at $41,500. The land is properly zoned.
The proposed sale was approved
Commissioners on July 21, 1998.
recommended approval of the sale.
by the Urban Renewal Board of
The Community Development staff
(34.) Resolution No. 6076/RFP #98005--Auctioneer Services (Purchasing)
RESOLUTION NO. 6076
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 Auctioneer
Services by and between the City of Lubbock and Lone Star Auctioneers, Inc., of Fort
Worth, Texas and all related documents. Said Contract is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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October 22, 1998
Page 285
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6076.
The City of Lubbock Purchasing Manager is charged with the
responsibility to dispose of surplus city property. Surplus property
includes office furniture and equipment, motor vehicles and service
bodies, real property, abandoned, stolen, or recovered property held in
custody by the Police Department and unclaimed for a period of at least
60 days, or other property determined by the Purchasing Manager to be
surplus property of the City. Methods of disposal include:
• Sale by Competitive Sealed Bid
• Negotiated Sale to Other Governments
• Destruction of Certain Property
• Sale at Public Auction
This contract is for full -service auctioneer services on an "as -needed"
basis. The formal Request for Proposals (RFP) process was used to
solicit competitive proposals from interested firms and individuals to
provide these services. A selection committee was appointed by the
Director of Finance to review and rate the proposals submitted. The
committee used the basic evaluation methods in the Evaluation
Procedures for Competitive Negotiation for Professional and Non -
Professional Services of the City Purchasing Department.
The evaluation criteria and relative importance stipulated in the RFP
included:
• Experience and Qualifications of Auctioneer Company (30%)
• Experience and Qualifications of Staff (25 %)
• Advertising and Marketing Program (20%)
• Operating Procedures and Reports (15 %)
• Auctioneer Service Fee (10%)
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Page 286
Five auctioneer firms submitted proposals to the City of Lubbock for
auctioneer services and were ranked by the evaluation committee as
follows:
• Lone Star Auctioneers, Inc. of Fort Worth, Texas 94.0
• Rene Bates Auctioneers of McKinney, Texas 83.7
• Assiter & Associates of Amarillo, Texas 73.3
• George Gideon Auctioneers, Inc.
of Winter Springs, Florida 54.7
• Wayne Evans Auction Company, Inc.
of Columbus, Georgia 49.7
Following rankings by individual selection committee members and
reference checks of the proposers, oral presentations were made to the
committee by the top three ranked firms. The selection committee
recommended Lone Star Auctioneers, Inc. of Fort Worth, Texas be
engaged to perform auctioneer services for the City of Lubbock. Lone
Star Auctioneers is a woman -owned business that has specialized in the
sale of surplus, seized, abandoned, and unclaimed assets for government
entities at the federal, state and local levels since 1985. They currently
hold annual contracts with the U.S. Marshals Service, Internal Revenue
Service, Texas General Services Commission, Texas Department of
Transportation, Texas Department of Public Safety, Texas State
Comptrollers Office, Dallas County, and the Cities of Dallas, Fort
Worth, and Oklahoma City.
Lone Star Auctioneers, Inc. of Fort Worth, Texas will perform turnkey
full -service auction services for the flat rate of 4. 5 % of gross auction
revenue exclusive of sales tax.
(35.) Resolution No. 6077Bid #98142--Meal Service for Senior Citizen
Centers (Parks and Recreation)
RESOLUTION NO. 6077
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 Meal
Services for Senior Citizen Centers by and between the City of Lubbock and Sodexho
Marriott Services of Texas, a Texas limited partnership, and all related documents.
Said Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Regular City Council Meeting
October 22, 1998
Page 287
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
A copy of the Contract is filed with Resolution No. 6077.
The City of Lubbock contracts with the South Plains Association of
Governments to provide meals to senior citizens within our community.
The City has contracted with SPAG for the past 18 years. The City is
obligated to provide a hot noon meal at the five senior citizens centers,
Monday through Friday. The City of Lubbock Senior Program utilizes a
food vendor to prepare and deliver the meals to the various sites.
Marriott Food Services has been preparing the senior citizens meals for
the past three years.
The estimated revenues to the City of Lubbock for the 1998/99 senior
meals program are as follows:
Texas Department of Aging (TDOA) $109,778
U.S. Department of Agriculture (USDA) 40,600
Donations* 30,000
$180, 378
*Donations based on historical data of .70 cents a meal paid by patrons
on a voluntary basis. Last year the amount received for donations was
$33, 600.
The low bid is $154,700 from Sodexho Marriott Services of Lubbock,
Texas.
(36.) Bid #98174--Tires and Tubes, Annual Pricing (Fleet Services)
This bid establishes annual pricing for tires and tubes used on City
vehicles and equipment. Gray's Wholesale Tire of Fort Worth, Texas
has a standing agreement with Woody Tire Company of Lubbock, Texas
in order to meet the City's two-hour delivery requirement.
The Internal Parts Inventory budget amount is $210,000.
The low bids are from the following companies:
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Page 288
Gray's Wholesale Tire of Fort Worth $181,130.81
McWhorter's, Inc. of Lubbock 19,359.74
A to Z Tire of Lubbock 7,524.80
Woody Tire Company of Lubbock 198.74
York Tire Company of Lubbock 59.20
(37.) Resolution No. 6078/RFP #98192--Cost Allocation Plan Preparation
Services (Internal Audit)
RESOLUTION NO. 6078
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 Cost
Allocation Plan Preparation Services by and between the City of Lubbock and DMG-
Maximus of Dallas, Texas, and all related documents. Said Contract is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in
the minutes of the Council.
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager
A copy of the Contract is filed with Resolution No. 6078.
The City of Lubbock desires to obtain two cost allocation studies for
each of the next five years. One study will be based upon budgeted costs
and will be used to determine the appropriate amounts of reimbursements
due to the General Fund from other funds and activities. The General
Fund receives reimbursements for providing services such as accounting,
purchasing and legal to other funds and activities within the City's
organization. The other study will be based upon actual expenditures
incurred during a fiscal year as described in the Office of Management
and Budget's Circular A-87. This study will be used to determine
amounts due to the General Fund for services provided to grant funded
activities undertaken by the City.
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Page 289
The City also desires to have the preparer of the OMB A-87 plan
negotiate on behalf of the City with the U. S. Department of Housing
and Urban Development. These negotiations will be done in such a
manner as to maximize the cost reimbursements allowed on affected
grants.
In addition to negotiating cost reimbursements with the U. S.
Department of Housing and Urban Development, the City may from
time to time require assistance from the plan's preparer in gaining
acceptance of departmental rates and allocated costs with State agencies.
In conjunction with the preparation of both the plans, the City desires the
preparer to calculate indirect cost rates for specific departments as
required.
The City will also require the plans' preparer to assist City employees in
understanding and utilizing the cost allocation plans. The preparer
should be prepared to assist the City's employees in such a manner as to
maximize the advantages gained by having such plans. The City will
also require guidance to ensure that the plans are perpetuated in
subsequent years.
The RFP review committee reviewed the RFP submitted by DMG-
Maximus. DMG's submission was the only response received to this
RFP. The committee considered DMG's experience and qualifications
as a firm. In the final analysis the committee felt that DMG's experience
made them highly qualified to provide the needed services to the City.
The committee considered the qualifications and experience of the
personnel employed by DMG to perform the needed tasks. The
committee felt that DMG's personnel were highly qualified.
The committee analyzed DMG's response for completeness to the
requirements of the RFP. The committee rated the response as being
complete. The committee reviewed the proposed cost submitted by
DMG. Although there were no other proposers to compare costs with,
the committee felt that DMG's cost was acceptable based on the cost
incurred over the past five years to have the studies completed.
The committee contacted four references submitted by DMG with their
proposal. All references stated that DMG had completed work similar to
the City's requirements in a professional manner. Because of this, the
committee gave DMG the highest rating for this category. Based upon
the committee's review, the committee recommended that DMG-
Maximus be placed under contract to perform the cost allocation plan
preparation. The committee recommended that the cost of $14,500 be
accepted as the annual contract price.
The Professional Services budget amount is $14,500 per year.
(38.) Bid #98206--Fiber Optic Assemblies and Materials (Electric
Distribution)
This bid is for the purchase of horizontal post insulators and assemblies
that are polymeric insulators used to support aluminum conductors or
static wires on steel transmission poles. Y-clevis Eye and Armor Grip
Suspension will also be purchased to mechanically hold or connect the
conductors to the insulators. These materials are being purchased for the
South Loop Transmission Line Project.
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Page 290
The Overhead Distribution -South Loop Line Transmission budget
amount is $45,000.
The low bid is $39,077.25 from Techline, Inc. of Amarillo, Texas.
(39.) Resolution No. 6079/Bid #98213--Furnish and Install Medium
Voltage Controllers (Water Utilities)
RESOLUTION NO. 6079
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract with Automated
Controls of Lamesa, TX to install and furnish all materials and services as bid for the
Furnish and Install Medium Voltage Controllers and all related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contracts Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd day of October, 1998,
by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Automated Controls, of the City of Lamesa, County of Dawson, 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 #98213 - FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR
CONTROLLERS - $106,765.00
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Page 291
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Curtis McDole
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
.K�J`►Q 7ti111C�7
Automated Controls
By: /s/ Emial L. Douglas
PRINTED NAME: Emial L. Douglas
TITLE: Partner/Manager
COMPLETE ADDRESS:
Automated Controls
111 Northeast 14th Street
Lamesa, Texas 79331
This project involves removing and replacing existing medium voltage
controllers at Pump Station #7 located at 29th Drive and Brownfield
Highway. The controllers must be replaced due to age. The controllers
have also become maintenance intensive, and replacement parts have
become obsolete. Reliability of this equipment is essential for the
pumping capabilities of the water distribution system.
The Water Utilities Other Equipment budget amount is $125,000.
The low bid is $106,765 from Automated Controls of Lamesa, Texas.
Staff recommended award of each of the bids to the bidder as indicated
on the tabsheets and award of each contract as shown on the resolutions.
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Page 292
REGULAR AGENDA
PUBLIC HEARINGS
(40.) Ordinance No. 10113/Zone Case No. 2502-A (south of 98th Street
and east of Quaker): Request of Lowell Bowman (for Indiana Avenue
Church of Christ) for zoning change from R-2 to A-2 for a church
and church related uses on a portion of land out of Section 17, Block
E-2.
ORDINANCE NO. 10113
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2502-A; A ZONING CHANGE FROM R-2 TO A-2
ZONING ON A PORTION OF LAND OUT OF SECTION 17, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:17 a. m. Lowell Bowman
appeared on behalf of Indiana Avenue Church of Christ. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:18 a. m.
The request would accommodate a church and church related uses.
Adjacent land uses:
North - 98th Street
South - vacant, zoned R-2
East - vacant, zoned R-1
West - vacant, zoned C-2
The request is consistent with both the Comprehensive Land Use Plan
and zoning policies. The project should have little negative effect on the
thoroughfare system.
Randy Henson, Senior Planner, presented staff comments.
The Planning and Zoning Commission recommended approval of the
request subject to the following condition:
Limited to church and church related uses.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10113
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(41.) Ordinance No. 10114/Zone Case No. 1756-E (south of 2nd Street
between Hartford and Geneva): Request of Paul Stell (for Hurt and
Stell Investments) for zoning change from R-1 to A-2 for apartments
on Lots 1-6, 15, 16, Block 2, Westhaven Addition.
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Page 293
ORDINANCE NO. 10114
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1756-E; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON LOTS 1-6, 15, 16, BLOCK 2, WESTHAVEN ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:19 a. m. Gary Hall
appeared on behalf of Hurt and Steil Investments. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:21 a. in.
Following a zone case from last month, this request includes eight lots
that were not under the control of the proponent during that discussion.
Adjacent land uses:
North - single family
South - vacant, zoned A-2
East - church
West - apartments
The request is consistent with the Comprehensive Land Use Plan and
zoning policies. The proponents have visited with the neighborhood
association; no citizens appeared during the meeting. The project is
being designed to create the fewest traffic impacts possible, with
connections directly to 4th Street and Indiana one half block to the west
on 2nd Street.
Randy Henson, Senior Planner, presented staff comments.
The Planning and Zoning Commission recommended approval of the
request.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass on first reading Ordinance No. 10114 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(42.) Ordinance No. 10115/Zone Case No. 2829 (south of 98th Street and
east of Slide): Request of Burl Masters (for Excel Development) for
zoning change from T to R-1 Specific Use on 7.35 acres of land out of
Section 16, Block E-2.
ORDINANCE NO. 10115
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2829; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE ZONING ON 7.35 ACRES OF LAND OUT OF SECTION 16,
BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:22 a. in. Burl Masters
appeared on behalf of Excel Development. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:23 a. in.
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Page 294
The proposal is to build garden homes in this section for Sunridge.
Adjacent land uses:
North - vacant, zoned T
South - residential
East - residential
West - commercial, vacant
The proposal is consistent with the Comprehensive Land Use Plan and
Zoning Policy. The proposal should have no negative effect on traffic.
Randy Henson, Senior Planner, presented staff comments.
The Planning and Zoning Commission recommended approval of the
request subject the following condition:
Front yard setback shall be a minimum of twenty feet.
The staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Hernandez to pass on first reading Ordinance No. 10115
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(43.) Ordinance No. 10116/Zone Case No. 2830 (1112 and 1114 East
Regis): Request of Ernesto M. Cantu for zoning change from R-1 to
C-3 on Lots 5 and 6, Block 5, Skyview Addition.
ORDINANCE NO. 10116
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2830; A ZONING CHANGE FROM R-1 TO C-3
ZONING ON LOTS 5 AND 6, BLOCK 5, SKYVIEW ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:24 a. m. Roseanna
Rosales appeared on behalf of Ernesto Cantu. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:26 a. in.
The proposal is to establish a convenience store along Regis, adjacent to
the Skyview Addition. Adjacent land uses:
North - airport property, vacant
South - residential
East - residential
West - residential
This request creates an interesting discussion for Comprehensive Land
Use Plan policy. The area south of the Lubbock International Airport
between I-27 and Guava is targeted as Industrial Park and industrial on
the Plan. That policy obviously conflicts with the existing use and
zoning of property within the subdivision from 1-27 to Magnolia, East
Kent to Regis. The subdivision existed as residential when it was
annexed in 1958. The policy for industrial was created within the
original 1975 Plan and continues today because of the influence of
airport activities. Thus, what normally would not be a proposal favored
by Comprehensive Plan Policy as commercial in the middle of a
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Page 295
residentially zoned area is fully acceptable to the Plan. What remains is
a discussion of zoning policy with regard to the acceptability of the
proposal for adjacent property owners. The proponent has obtained
support signatures from a significant number of adjacent owners. The
proposal should have little effect on traffic.
There has been discussion about acquisition of property along Regis
between I-27 and MLK to enhance the entry corridor for Lubbock
International Airport. No project or funding has been approved. A
commercial venture at this location that provides services to the
neighborhood could easily blend into the new approach if property
acquisition is funded at a future date.
Randy Henson, Senior Planner, presented staff comments.
The Planning and Zoning Commission recommended approval of the
request, subject to the following condition:
Waive the screening fence requirement on the east and west
property lines subject to the discretion of the adjacent property
owners. (A screening fence along the alley property line is
required.)
The staff supported the recommendation of the Planning and Zoning
Commission, unless a commitment can be made to acquire this property
as a landscaped approach to the airport.
Motion was made by Councilmember Hernandez, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 10116
as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
STRATEGIC PLANNING
(44.) Ordinance No. 10117 for annexation of an area bounded by Upland
Avenue, Brownfield Highway, Alcove Avenue and 114th Street (first
reading).
ORDINANCE NO. 10117
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT
TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS
ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO
INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Since the two public hearings, the staff has met with a representative
group of residents in the area proposed for annexation. The prevailing
feeling of the group is that they continue to oppose annexation, but have
expressed more confidence in the commitment of the City to provide
basic services as outlined in the Service Plan.
Several issues will not be complete for inclusion in the Service Plan
attached to this ordinance. After Council approves this ordinance on
first reading October 22, the Service Plan will be subject to amendment
during the next several months because of ongoing discussions with
residents in the area and several other detail issues that need research.
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Following is a numbered list of concerns submitted by affected property
owners, staff responses (in lettered, bullet form), and the results of the
meeting between staff and property owners on October 6, 1998 (bold
entries):
1. Delete portions of 4, 5 and 12 (refer to map of proposed annex
area) if you are not going to provide service. If annexed bring
these areas service.
(a) All City services other than water and sewer will be
provided.
(b) Water and sewer for household or commercial use are not
provided by funds from the tax base, rather from payment
of pro-rata as a user fee.
(c) Water and sewer lines for household or commercial
service are subject to extension of lines as provided in the
pro-rata ordinance.
(d) The staff recommendation continues to include all of the
proposed area.
(See the comment about extended fire lines in #2.)
2. Fire Protection: Will the city contract with Wolfforth to provide
coverage until a new station is in place?
(a) Not by contract. The Lubbock Department has an ability
to call on all the volunteer departments in the County
through existing intergovernmental agreements.
(b) The Lubbock Fire Department will handle fire calls as the
first responder, and request assistance if necessary.
(c) The Lubbock Fire Department will order and have two
tankers with drivers in place as soon as possible. These
tankers carry a large volume of water, not the 500 gallons
each pumper carries.
(d) Joe Martin, the Chief of the Wolfforth Volunteer group,
has been in discussion with Chief Haley and is very
supportive of the two departments working together.
• Arrange an automatic dual response, at least for tankers,
from the Wolfforth Department during the interim (until
station is built) and after that for areas not having fire
hydrants.
• Provide written verification of the interlocal agreements staff
has with Wolfforth and other applicable volunteer groups (in
a letter from the chief to whom it may concern).
• The group will press for a fire line loop of Upland, Alcove and
Milwaukee to 114th Street. Such a measure will provide
virtually all of the area with hydrant fire protection within
one mile or less. While not required by State law, a group
feels provision of these lines would be a good faith effort by
the City. This additional line would also be a significant asset
for the Fire Department.
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Page 297
• In the service plan, verify that the new station will be "in the
vicinity" of 82nd and Upland (the definition of "in the
vicinity" was discussed, one half mile seemed satisfactory).
• Ensure that 9-1-1 is aware of the newly annexed area
immediately and that no confusion exists on response for fire
and police.
3. Police Protection: What will the beat look like? Is staff getting
an officer for this area or will the existing beats be expanded?
(a) A separate beat will not be created from the 10+ square
mile area. That would not be efficient.
(b) The area will be added to adjacent beats immediately.
(c) As service calls generate a history of the need for
response, beats will be adjusted accordingly.
(d) Any police officer living in the annexed area will be
allowed to drive and park his/her vehicle at home. This
added visibility would add to the security of the annexed
area.
• Notify alarm companies that the area annexed should have
alarms called to the Lubbock PD.
• Ensure that 9-1-1 is immediately aware of the change for calls
from the SO to the Lubbock PD.
• Provide a method so that neighborhood groups can meet their
patrol officer.
• Provide information to the neighborhoods about vacation
watch.
4. Dumpsters: Can staff ask that dumpsters be no farther that 150'
from lots?
(a) The frequency of dumpsters is scheduled for as few as two
homes per unit. Unless exceptional circumstances occur,
a dumpster will be at the corner of each lot.
(b) Existing service providers may be contracted to continue
for an interim. That possibility must be arranged by the
private hauler through the City.
• Because of existing contracts with private haulers, the
annexed area may be subject to a contract with private
companies that will allow their service to remain for a
specified period. City service would then be phased. The
Service Plan will need to identify this contractual
arrangement.
• When the City becomes the collection agent for waste in a
particular area, Solid Waste should coordinate location of
dumpsters in established neighborhoods.
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Page 298
• In remote areas, after the City becomes responsible for
collection (contracts may exist), Solid Waste should negotiate
for dumpster location even if staff needs to acquire an
easement. Ex: Along 114th, if the dumpster is adjacent to the
road it will be a target for debris and/or become a dumpster
for the non-residents traveling the street.
5. Parks: Why does this plan have no parks funding or planning?
(a) Parks are not a core public service of the City in a manner
contemplated by the State annexation law. With no
facilities in the area, no immediate projects are being
assumed and none are proposed for the purposes of the
service plan. The area will be included into the overall
Parks master planning process.
(b) Parks are a normally function of the development process,
and no "City" development proposals (platting) has
occurred to date.
(c) Public open space has traditionally been acquired during
the platting process adjacent to playas. This process will
be applied to any newly annexed areas.
(d) Should the determination be made that public open space
is a priority in some portion of the newly annexed area,
the Parks Division will sponsor a bond proposal for
acquisition and development. Those proposals have to
compete with other projects.
6. Streetlights: Will the city pay light bills for streetlights?
(a) Any lights and electric lines feeding them need to be in
public dedicated streets or easements.
(b) LP&L will accept street lights that provide for public
traffic safety. No yard or common area lights will be
accepted.
(c) LP&L will not maintain decorative or special light
standards. If a standard is damaged, it will be replaced
with a stock LP&L light and pole.
(d) A neighborhood may wish to retain ownership of special
fixtures that provide for traffic safety, LP&L will provide
the energy.
(e) Future lights will meet platting guidelines (a light at each
intersection and one extra for blocks over 700 feet long
with easements from adjacent power sources). Cost of
standard LP&L streetlights is $600 each.
7. Sewer line: Can the mains be placed to provide for the most
efficient hook up?
(a) The main that is proposed for extension will be engineered
for accommodation of taps designed into the initial
construction.
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Page 299
8. Alleys: Will the ones in poor repair be repaired?
(a) Only dedicated alleys will be maintained, and alleys that
have not been opened (actually bladed out) will be on a
request basis to the Street Maintenance Department.
(b) All existing, dedicated and open alleys will be bladed
within three months.
(c) Subsequently, all alleys will be bladed on an annual
maintenance schedule, one a year is the target.
• Work with neighborhoods that are unrecorded plats to verify
or even perhaps dedicate alleys.
9. Upland Avenue: What is the projected date for Upland to be
repaired? When will Upland be widened?
(a) Pothole repair on Upland will begin immediately.
(b) A seal coat will be targeted within three years.
(c) Upland expanded to thoroughfare width will compete in
annual funding discussions for priority projects. No date
exists at present for possible upgrade to T-2 standards.
10. Unpaved Streets: What will be the cost to pave unpaved streets?
I guess in frontage foot cost? Will those areas have to put in
curbs and gutters when that work is done?
(a) The current cost of standard subdivision paving for
residential streets, with curb and gutter, is approximately
$50.
(b) Whether residents of a subdivision petition for an
assessment program (the residents pay the cost) to strip
pave an existing dirt street is subject to City Council
approval. The Streets/Engineering staff does not usually
support strip paving because of future maintenance
problems.
Excerpts from the original annexation study for the public hearings
included the following:
Effect of annexation on creating short-range inefficiencies in
municipal services and operations:
As indicated by the cost figures for revenues and expenses, the
requirements of state law regarding annexation will not create a
particularly efficient extension of municipal services:
1. Extension of water and sewer lines for relatively long distances to
serve limited development areas, with undeveloped areas in
between and the potential of few immediate meters bring set, will
cause a near term inefficiency.
2. With the relatively sparse existing population in the area, city
services that are required by State law will not have extensive
utilization or total coverage as the same services applied in fully
developed portions of Lubbock.
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Page 300
Effect of annexation on long-range growth patterns.
The land area from 98th-114th and Milwaukee -Upland was indicated as
"annexation prone" in an informal 1986 assessment for the entire
perimeter of the City.
The study area west of Upland Avenue was not contemplated in the 1986
annexation study. While that document was never formally adopted by
the City Council, the basis of the 1986 analysis remains valid. Growth
patterns in the last decade have accelerated west of the City, indicating
that the expanded annexation area would be a logical extension of city
territory since the primary growth trends in Lubbock have always been
south, west and southwest.
Annexation of the study area becomes an issue of the City of Lubbock
being able to insure the quality of growth and development on the south
and west boundaries, as well as providing an adequate growth base for
the future. Short term economic inefficiencies will be the cost of this
long term, visionary process.
Effect of development without annexation:
In portions of the study area, continued random and often substandard
development will continue. Annexation(s) at future dates may be only
responses to crisis situations and will certainly be more complex and
costly.
Planning and Zoning Commission opinion:
The Planning Commission held a work session September 3, 1998 and
recommended consideration of the study area for annexation.
Jim Bertram, Director of Strategic Planning, presented staff comments.
Randy Henson, Senior Planner, answered questions from the Council.
Staff recommended annexation of the entire study area.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson with the recommendation that second reading of
this ordinance be at the first City Council meeting in January, 1999, to
pass on first reading Ordinance No. 10117 as recommended by staff.
Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay.
FINANCIAL SERVICES
(45.) Resolution No. 6080 declaring intention to reimburse expenditures
for electric, water and sewer system improvements with proceeds
obtained from a future bond issue.
Regular City Council Meeting
October 22, 1998
Page 301
RESOLUTION NO. 6080
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock ("Issuer") intends to issue debt for electric
system improvements, water system improvements, and sewer system improvements in
and for said City ("Projects") and further intends to make certain capital expenditures
with respect to the Projects and currently desires and expects to reimburse such capital
expenditures with proceeds of such debt; and
WHEREAS, under Treasury Regulation Sec. 1.150-2 ("Regulation"), in order
to fund such reimbursement with proceeds of tax exempt obligations, the Issuer must
declare its expectation to make such reimbursement; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital
expenditures with the proceeds of tax exempt obligations; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Issuer reasonably expects to reimburse capital expenditures with
respect to the projects with the proceeds of debt hereafter to be incurred by the Issuer,
and that this Resolution shall constitute a declaration of official intent under the
Regulation. The maximum principal amount of obligations expected to be issued for the
Projects is $26,250,000
Dated: October 22, 1998.
Passed by City Council this 22nd day of October, 1998.
/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
There are currently several bond financing needs. They include:
$8,700,000 Electric System Improvements
$7,900,000 Water System Improvements
$9,650,000 Sewer System Improvements
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Page 302
City Council will consider any budgeted amount of construction projects
to be financed with bond proceeds. The bond proceeds are not expected
to be delivered until early March 1999. For authorized construction
projects there may be design and engineering costs incurred prior to
delivery of the bond proceeds in order that the projects may be
completed within prescribed timeframes. The City must declare its
intent to reimburse bond -funded construction costs that are incurred prior
to the bond issuance for the costs to be eligible for reimbursement with
bond proceeds.
Betsy Bucy, Director of Finance, presented staff comments.
This resolution allows reimbursement of authorized costs incurred in
advance of the bond issuance in order that projects may be completed
within prescribed timeframes. Staff recommended approval of this
resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6080 as recommended by
staff. Motion carried: 4 Yeas, 1 Nay. Councilmember Hernandez voted
Nay. Councilmember Ince and Councilmember McDougal had stepped
away from the dais.
CIVIC SERVICES
(46.) Resolution No. 6081 authorizing the Mayor to execute an amendment
to the agreement between the City of Lubbock and Civic Lubbock,
Inc.
RESOLUTION NO. 6081
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 an
Agreement, attached herewith, by and between the City of Lubbock and Civic
Lubbock, Inc., and any associated documents, which Amendment 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 full copied herein in detail.
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Page 303
Passed by City Council this 22nd day of October, 1998.
/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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Amendment is filed with Resolution No. 6081.
At the September 24, 1998 City Council meeting, Council approved an
amended agreement between the City and Civic Lubbock, Inc. This
amendment provided for the re -licensing to Civic Lubbock, Inc. of all
food and beverage activities within the Civic Center and Auditorium -
Coliseum. They had previously handled all concessions in these
facilities from 1956 until 1996. In an effort to increase cost recovery at
the facilities, the City had taken the food and soft drink concession in
house from 1996 until 1998 with Civic Lubbock, Inc. handling the
alcoholic beverage concessions. In 1996, Civic Lubbock, Inc. began to
focus primarily on public art programs and has purchased and/or
commissioned public art pieces in excess of $200,000 over the last two
years. In order to expand their mission of providing public art and
cultural and educational programs, the amended agreement presented on
September 24 also allowed for a reduction in the percentage commission
paid to the City on a sliding scale beginning with fiscal year 1998/99.
Civic Lubbock Inc.'s charter and bylaws authorize Civic Lubbock to
undertake promissory notes. To assist their efforts in securing
promissory notes for long-term commitments associated with their
mission, it is necessary to amend the agreement to allow for a minimum
guaranteed term of the agreement. The amendment allows for a
minimum guaranteed term of five years with the agreement remaining in
force thereafter until such time as either party wishes to terminate or
until the City wishes to cancel the agreement unilaterally. A copy of the
proposed amendment was included in Council's backup.
In order for Civic Lubbock, Inc. to enhance their mission and make long
term commitments associated with that mission, the current agreement
needs to be amended. The proposed amendment to the agreement allows
for a minimum term of five years that the agreement will stay in force.
The agreement will then remain in force each year until either party
cancels the agreement or the City chooses to cancel the agreement
unilaterally with ninety days prior written notice. Staff recommended
that the proposed amendment to the agreement be approved.
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October 22, 1998
Page 304
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to pass Resolution No. 6081 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(47.) Resolution No. 6082 authorizing the Mayor to execute an Agreement
amending the joint Library Services Contract between the City of
Lubbock and the County of Lubbock for Fiscal Year 1998-99.
RESOLUTION NO. 6082
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 an
Interlocal Agreement by and between the City of Lubbock and the County of Lubbock
for Library Services, and all related documents. Said Amendment 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 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing Director
of Civic Services
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 6082.
The City of Lubbock and the County of Lubbock began to cooperate in
the provision of joint library services in the early 1950s. That
cooperation led to the historic merger of the County Library and the City
Library in late 1967, with shared responsibility between the two
governments for the operating budget of the new Lubbock City -County
Library. This arrangement provided for countywide library services,
without wasteful duplication of library functions.
As the City of Lubbock grew in the 1970s and 1980s, the joint library
services contract was developed to provide funding of the County share
based on a two-part formula, equally weighted on percentages of
assessed property valuation and population in the several municipalities
of the County. Utilizing this formula, during the current operating year,
with just over 96% of the County population and assessed valuation
assigned to the City of Lubbock, the County funded library services in
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Regular City Council Meeting
October 22, 1998
Page 305
the amount of $570,000. The $570,000 makes up approximately 24% of
the total budget of the Lubbock City -County Library. In return, under
the terms of the contract, the Lubbock library provides services equally
to any County resident. The present contract has been renewed annually
since 1989.
In budget discussions between the City Manager and the County Judge
for fiscal year 1998-99, it was decided that the City of Lubbock will
contribute funds toward the "Achieving the Goal" Program by foregoing
acceptance of the full payment from the County for library services.
Pursuant to this agreement, Exhibit A, "Schedule of Quarterly
Payments", stipulates that the County will fund joint library services in
the amount of $320,000 for FY 1998-99, as the City foregoes a portion
of the $570,400 payment by $250,000. In FY 1999-2000, the County
will lower its funding to $70,000, as the City picks up an additional
$250,000 for a total of $500,000. In 1999-2000, the total commitment
to the Achieving the Goal Program will be $500,000. Thereafter,
continued County funding at $70,000 will serve as the basis for the
continued provision of services by the Lubbock library to non -city
residents of Lubbock County.
The funding of library services will be based on the amount
proportionate to any increase in the population of Lubbock County
and/or any increase in the valuation of property in Lubbock County. In
other words, any increases will be based on the formula currently in
place with a growth variable based on population and property valuation.
The $250,000 in FY 1998-99 and $250,000 in FY 1999-2000, for a total
of $500,000, will be earmarked by the County for the "Achieving the
Goal" Program. The City of Lubbock and the County recognize the
importance of deterring crime and the positive impact this can have on a
community.
This agreement illustrates the City of Lubbock's commitment toward
working with other governmental organizations to deter crime.
Furthermore, it supports the understanding that the bulk of the County
population resides in the city limits of Lubbock. In addition, it re-
affirms that the County will allocate $250,000 in 1998-99 and $250,000
in 1999-2000 for a total of $500,000. Accordingly, essential
responsibility for provision of library services rests with the City of
Lubbock. On the basis of the discussions between the two governments
regarding their division of responsibility for citizen services, and with
the understanding that the County government recognizes its
responsibility for maintaining equity in library services support for its
non -Lubbock residents, staff recommended approval of the resolution.
Tommy Gonzalez, Director of Civic Services, presented staff comments.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6082 as recommended by
staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted
Nay.
ELECTRIC UTILITIES
(48.) Resolution No. 6083 authorizing the Mayor to execute an agreement
to lease office space at the Lubbock Business Center with the South
Plains Regional Workforce Development Board.
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Regular City Council Meeting
October 22, 1998
Page 306
RESOLUTION NO. 6083
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with
South Plains Regional Workforce Development Board and all related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, Director of Electric
Utilities
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Lease Agreement is filed with Resolution No. 6083.
South Plains Regional Workforce Development Board is currently
occupying space in the Lubbock Business Center, 1301 Broadway. The
City does not have a lease agreement contract with the Workforce Board
at this time.
The City has offered the Workforce Board the same lease options as
other non-profit tenants. These options are: 1) a five-year lease at $7.50
per square foot with a 3 % escalator per year following the first year, or
2) a five-year lease at a fixed rate of $8 per square foot.
The Workforce Board has agreed to a five-year fixed rate lease at $8 per
square foot. The total lease space for the Workforce Board is 2,436
square feet. Their annual lease payment will be $19,488 and payable on
a monthly rental cost of $1,624. The lease contract provides for an
extension of the lease with the rental rate to be renegotiable at the end of
five years.
Paul Thompson, Director of Electric Utilities, presented staff comments.
Staff recommended that the Mayor and City Council approve this lease
agreement between the City of Lubbock and South Plains Regional
Workforce Development Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass Resolution No. 6083 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
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October 22, 1998
Page 307
(49.) Resolution No. 6084 to make changes in the Lubbock Power and
Light Infrastructure Development Fund and recommended changes
to the eligibility criteria.
RESOLUTION NO. 6084
WHEREAS, the City Council of the City of Lubbock finds that it would be in
the best interest of the citizens of the City of Lubbock to make changes to the Lubbock
Power and Light Infrastructure Fund authorized by Resolution No. 5075, enacted
January 11, 1996; and
WHEREAS, said fund is created pursuant to Section 380.001 of the Texas Local
Government Code; and
WHEREAS, the purpose of the fund authorized by Resolution 5075 and
continued by this present Resolution shall be to provide public infrastructure
improvements when such improvements will aid or assist in the location, development
or expansion of business activity within the City of Lubbock, which business activity
will create new jobs, additional payroll or increase the tax base within the City of
Lubbock, to provide additional improvements to the Central Business District,
Broadway Corridor and the Depot District; and
WHEREAS, Recreation, Parks, Entertainment and Cultural Affairs Goal No. 1
is to revitalize downtown Lubbock as a focal point for entertainment, arts, and
business, and Goal 4 is to coordinate and consolidate marketing efforts for the
promotion of Lubbock and the region as a visitor destination, and Lubbock Power and
Light as part of its business acquisition and retention program to improve the strengths
of the City of Lubbock in its economic development activities; and
WHEREAS, the City Council finds that the location, retention or expansion of
business within the City of Lubbock which accomplishes the above goals will add to the
quality of life within the City of Lubbock which accomplishes the above goals will add
to the quality of life within the City of Lubbock and further will provide for the
betterment of the general welfare of the citizens of the City of Lubbock and as such,
provide a public purpose. NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Resolution No. 5075 is hereby repealed and is replaced in
its entirety by this Resolution which continues the fund of the City of Lubbock known
as the Lubbock Power and Light Infrastructure Development Fund.
SECTION 2. THAT such fund shall be used to provide public infrastructure
improvements throughout the City of Lubbock, such as, but not limited to the
following:
a) curb and gutter improvements;
b) street and paving improvements;
c) water and sewer improvements;
d) public lighting improvements; and
e) other public improvements normally provided to the City of Lubbock.
SECTION 3. THAT such funds also shall be used to meet the goals of the
"Goals for Lubbock, a Vision into the 21" Century with regard to the Central Business
District, Broadway Corridor and the Depot District by providing the following
additional improvements in those areas:
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Regular City Council Meeting
October 22, 1998
Page 308
a) building fagade renovation;
b) sidewalks and sidewalk renovation; and
c) landscaping.
SECTION 4. THAT Lubbock Power and Light be authorized to approve the
following items to promote business acquisition, expansion, or retention;
a) offer additional services to these businesses, such as, but not limited to
new products, lease programs, customized billing, load management,
communication services, or other services offered by the electric utility
industry; and
b) offer custom rate incentives to those businesses, such as, but not limited
to time of day, seasonal, load factor, added demand/energy, or other rate
incentives offered by the electric utility industry.
SECTION 5. THAT the City Manager or his designee may utilize services,
incentives, or moneys from this fund to aid or assist in the location of new business or
the expansion of other business when City infrastructure improvements are needed to
bring about such new business or expansion.
SECTION 6. THAT the City Manager or his designee shall be authorized to
expend moneys from this fund for the purposes set forth in accordance with the criteria
set forth in Exhibit A for Section 2 city-wide infrastructure improvements and in
accordance with the criteria set forth in Exhibit B for Section 3 infrastructure
improvements in the special districts indicated in Exhibit B. Exhibits A and B are made
a part hereof for all intents and purposes.
SECTION 7. THAT the City Manager or his designee is authorized to continue the allocation of moneys to this Fund through the regular City of Lubbock budgetary
process.
SECTION 8. THAT no moneys expended hereunder shall be used for any
purpose other than the installation or improvement of public infrastructure facilities as
herein described.
SECTION 9. THAT Lubbock Power and Light be authorized to require that
such businesses as may be affected by this Resolution be required to utilize Lubbock
Power and Light as long as these benefits are proved to those businesses.
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October 22, 1998
Page 309
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Paul Thompson
Paul Thompson, Director of Electric
Utilities
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
Copies of the Exhibits are filed with Resolution No. 6084.
The Lubbock Power and Light Section 2 Infrastructure Development
Fund was established to provide assistance in the location, development
or expansion of business activity within the City of Lubbock. In
addition, Section 3 Infrastructure Development Fund was established to
meet the Recreation, Entertainment and Cultural Affairs Goal Number 1
and Goal Number 4, to promote Lubbock and the region as a visitor
destination.
With the anticipation of deregulation within the electric utility industry,
staff has proposed language that will allow Lubbock Power and Light
additional incentives to promote business acquisition, expansion or
retention. Additional services and rate incentives will be offered that
other deregulated electric utilities within the industry may propose.
Section 3 Infrastructure Development Fund assistance has been very
successful in accomplishing the above goals regarding tourism and has
added to the quality of life and the improvement of those areas targeted.
Section 3 Infrastructure Assistance is proposed to be phased out over a
two-year period. Grants will be provided on a 50150 matching grants for
fiscal year 1998/99 and 25/75 matching grants for fiscal year 1999/2000.
Paul Thompson, Director of Electric Utilities, presented staff comments.
Staff recommended approval of these changes to the Lubbock Power and
Light Section 2 and Section 3 Infrastructure Development Fund.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6084 as recommended by
staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted
Nay.
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Regular City Council Meeting
October 22, 1998
Page 310
MISCELLANEOUS
(50.) Resolution No. 6085 authorizing the Mayor to execute a healthcare
services contract with Covenant Health System and its subsidiaries to
provide discounts for hospital and physician services under a
managed care agreement.
RESOLUTION NO. 6085
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 group
health services, by and between the City of Lubbock and Covenant Health System and
its subsidiaries, 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 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kay+hie 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. 6085.
Managed care was first introduced into the City of Lubbock benefit
package with a one-year contract with St. Mary, Methodist, and UMC in
1994/95. Through a preferred provider discount arrangement the City
was able to avoid $2,151,248 in hospital and physician costs during that
benefit plan year. Through negotiations with the hospitals the following
plan year, an exclusive contract with St. Mary and UMC resulted with
the following cost avoidance over the next three benefit plan years:
1996 $3,182,079
1997 $2,855,431
1998 $3,733,333 (estimated)
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Regular City Council Meeting
October 22, 1998
Page 311
This has allowed the City to keep the cost of premiums down for both
the employee with dependent coverage as well as the city paid employee
coverage. The constant escalation of medical benefit costs makes for a
continual battle to keep premiums manageable for the majority of the
City's employees and for the City itself. Managed care discounts help
keep insurance affordable.
A contract was brought to Council two weeks ago that recommended an
exclusive arrangement with Covenant Health Systems. This proposed
contract estimated $3,360,000 in cost avoidance. However, due to the
concerns of UMC, the contract was pulled and several discussions were
held with UMC. UMC presented us with an option that is drastically
different from the way staff has approached pricing health care. It will
literally take months with our consultant to give a complete analysis of
that option. Our contract expires on November 30, 1998, and at least
one and one-half months must be given to an annual enrollment period
for our employees. Since our contract with Covenant allows for an out
after a 90 day notice, staff will examine the viability of UMC's approach
in the coming months.
Covenant also proposed some options for us to consider to allow for the
inclusion of UMC. However, these options have proven to be more
costly than our original proposal. Therefore, staff is recommending that
the Council approve the contract with Covenant Health Systems. Any
contracts with physician groups will be analyzed and negotiated
separately from this hospital contract.
Mary Andrews, Director of Human Resources, presented staff
comments.
It was recommended that the City Council approve this resolution to
allow the Mayor to sign the contract with Covenant Health System and
its subsidiaries.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 6085 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(51.) Resolution No. 6086 authorizing the Mayor to approve the City of
Lubbock's Legislative Package for the 19" 76th Legislative Session.
RESOLUTION NO. 6086
WHEREAS the Legislature of the State of Texas will convene on January 12,
1999 for the 76th regular session; and
WHEREAS during the course of the session numerous issues will be presented
to the Legislature that will affect the City of Lubbock; and
WHEREAS City staff has developed a comprehensive package which outlines
legislative initiatives, and is now recommended to be undertaken on behalf of the City;
and
WHEREAS the Texas Municipal League has also developed a legislative
package for the upcoming session, certain portions of which have been included in the
City's proposed 1999 legislative program; and
WHEREAS the City of Lubbock recommends the adoption of the official 1999
State Legislative Program; NOW THEREFORE:
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Regular City Council Meeting
October 22, 1998
Page 312
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1999 State Legislative Package attached hereto is hereby approved
and adopted as the official 1999 State Legislative Program of the City of Lubbock.
As certain significant issues arise during the course of the session, additional
resolutions may be presented to the City Council stating the City's position on
particular legislation. The State Legislative Program will then be amended to include
any subsequent resolutions adopted by City Council.
Passed by City Council this 22nd day of October, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ron Lewis
Ron Lewis, Assistant to the City
Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Program Package is filed with Resolution No. 6086.
Every two years, City Council members have the opportunity to decide
legislative initiatives that the city should pursue when state lawmakers
meet in January. In an effort to improve monitoring on legislative items
at the State level, the City of Lubbock continues to retain the services of
Hilgers & Watkins (Randy Cain) and Denton, McKamie & Navarro
(Susan Rocha) for legislative services. City of Lubbock staff members,
including individuals from City Attorney's Office and City Manager's
Office, met with managing directors to obtain their legislative proposals
for the 1999 76th legislative program. City Council members also made
valuable contributions to this effort. Since appointment by Mayor Sitton,
Councilmember Nelson has worked extensively with City staff and our
legislative team (Senator Duncan, Representatives Jones and Isett) to
develop a plan for positive legislative results for our citizens.
Prioritization of legislative proposals is based on the history of
legislation in previous sessions. Additionally, our state legislative
consultants often recommended that staff focus our resources on bills that
may have a better opportunity to be successful, due to historical and
current event issues.
Included in Council backup were the legislative proposals that the City of
Lubbock will seek for introduction and passage, support or opposition in
the upcoming legislative session. Each legislative item will have a
unique consequence for the City of Lubbock should the bill succeed or
fail.
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Regular City Council Meeting
October 22, 1998
Page 313
The City of Lubbock will ask our local delegates to introduce several
bills as well as to support or oppose other bills expected to be
introduced/filed during the next legislative session. Additionally, the
City of Lubbock will, through written and oral testimony, support
several bills expected to be filed on behalf of the Texas Municipal
League (TML) or one of its many affiliates. Finally, staff will actively
oppose passage of any bills that intend to further limit a home rule
municipality's ability to determine its destiny as desired by its residents.
Pursuant to City Council directive, City of Lubbock staff will work
diligently to continue its proactive approach to legislative proposals
throughout the 1999 76th Legislative Session, as was done last session.
This resolution in support of the package was prepared for the Mayor's
signature. Councilmember Nelson briefed City Council at the
September 10 work session and presented an update (included in
Council backup) for Council approval.
The City Council once again has an opportunity to build on the successes
realized during the past legislative session and continue to :Hake Lubbock
an effective player when the 1999 Legislation reconvenes in January
1999. With this in mind, staff recommended that the City Council
support the City of Lubbock Legislative Package for the 1999 76th
Legislative Session.
The City of Lubbock 1999 76th Legislative Package included initiatives
designed to promote Economic Development, enhance Public Safety and
increase Administrative Efficiency. Councilmember Nelson
recommended approval.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass Resolution No. 6086 as recommended
by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez
voted Nay.
BOARD APPOINTMENTS
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to appoint the board members listed below.
Motion carried: 7 Yeas, 0 Nays.
(52.) Appoint Robert Gomez to the Appointments Advisory Board.
(53.) Appoint Sharon Bass, Paula Finney, and Hector Molina to the
Human Relations Commission.
(54.) Appoint Ross McKillip to the Planning and Zoning Commission.
(55.) Appoint Will Williams to the Public Transit Advisory Board.
(56.) Appoint Dennis Dillon and Danny Espinoza to the Structural
Standards Commission.
(57.) Appoint Jimmy Gomez, Bob Greenhill, Arden Hawkins, Cliff
Hopping, Molly Irvin, Charles Lynch, Paul Johnson, Fred
Underwood, and Clayton Yeager to the Citizens Advisory Committee
Transportation Subcommittee.
The citizens referenced above were selected for service during the City
Council Executive Session of October 8, 1998. They have all been
contacted and have agreed to serve.
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Regular City Council Meeting
October 22, 1998
Page 314
12:15 P. M. COUNCIL RECESSED FOR LUNCH
1:01 P. M. COUNCIL RECONVENED
1:02 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson made a motion to adjourn; Councilmember Cooke seconded
the motion. Motion carried: 5 Yeas, 0 Nays. Councilmembers
Hernandez and McDougal were not prey zit when Council 5pconvened.
INDY SI19ON, MAYOR
ATTEST:
-liay Darnell, City Secretary
Read and approved this lot day of ��� , 1998.
Ai
r
NDY SItTON, MAYOR
M.
, City Secretary
314