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Home My WebLink AboutMinutes - City Council - Regular - 11/12/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 12, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of November, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, and Councilmember David Nelson CITIZEN COMMENTS No citizens appeared to express comments to the Council. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary); pending or contemplated litigation (Environmental Inspection Services; Finance; Police Department; 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 (Water Utilities). 7:42 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; City Secretary). (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 (Environmental Inspection Services; Finance; Police Department; 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: Building Board of Appeals Complete Count Committee Library Board Permit and License Appeal Board 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 (Water Utilities). Regular City Council Meeting November 12, 1998 Page 316 9:31 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councihnembers were present. ( 5.) Presentation of Texas Tech University's Master Plan by Doug Mann, Vice Chancellor for Facilities Planning and Construction, and Jim Crowson, Deputy Chancellor. ( 6.) Presentation of Mayor's Coliseum Task Force Report by Dave Sharp and Kay Sanford, Co -Chairs. During the presentation of this item, Council reconvened to Regular Session. This item was continued after Item No. 16. ( 7.) Presentation on Lubbock Power and Light's proposal to issue revenue bonds to refinance outstanding debt due to the low interest rates at the present time by Paul Thompson, Director of Electric Utilities. Additionally, annual capital costs planned for FY 1999 are proposed to be financed at the same time. This item was presented following Item No. 53. 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Note: Councilmember Hernandez left the meeting at 11:18 A. M. before any voting items were considered and did not return until after lunch. Mayor Sitton called the meeting to order at 10:35 A. M. ( 8.) Reverend Thomas Diebel gave the invocation. ( 9.) Presentation of Colors by United States Marine Corps Color Guard. Pledge of Allegiance was given in unison by those in the City Council Chambers. (10.) Presentation of Proclamation to Marine Corps Representatives commemorating Marine Corps Week. The Marine Color Guard was present and assisted with the opening invocation and pledge at the November 12 City Council meeting. Immediately after the color guard presentation, Mayor Sitton presented the Color Guard and Marine representatives with the proclamation for Marine Corps Week. On November 10, 1998, every Marine stationed throughout the world paused to commemorate the birth of this nation's Marine Corps 223 years ago. The Marine Corps has successfully executed its role in support of the United States' National Security Strategy. Thousands of heroic Americans have borne the name "Marine" and have stood ready to respond to crises. 316 Regular City Council Meeting November 12, 1998 Page 317 Bob Bland, Commandant of the Marine Corps League, Captain Michael J. Raleigh, and Captain Jake Woolford accepted the proclamation on behalf of the Marine Corps. (11.) Councilmember David Nelson gave his Top Ten Positive Things About Lubbock. (12.) Mayor Sitton presented a Special Recognition to Coach Spike Dykes in recognition of Texas Tech University's outstanding football team and in recognition of "Beat UT Day". Saturday, November 14, the Texas Tech Red Raiders will be playing the University of Texas Longhorns at Jones Stadium. Because of this traditional rivalry the Mayor presented a Special Recognition to Red Raider Coach Spike Dykes to express the support of the Lubbock community and to increase public interest in this game. The Red Raiders are currently 6 and 3. (13.) Mary Croyle, Health Education Coordinator, passed out footballs to the Council to kick off the Great American Smokeout. Mary Croyle, Health Education Coordinator, passed out footballs to the City Council members to kick off the Great American Smokeout. The Health Education Team has been asked to provide a booth on Raider Alley for the football game between Texas Tech and the University of Texas. BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Robert Gomez Planning and Zoning Commission Receiving: Ross McKillip Structural Standards Commission Receiving: Dennis Dillon Citizens Advisory Committee Transportation Subcommittee Receiving: Jimmy Gomez (unable to attend) Bob Greenhill (unable to attend) Arden Hawkins Cliff Hopping (unable to attend) Molly Irvin Charles Lynch (unable to attend) Paul Johnson Fred Underwood (unable to attend) Clayton Yeager (unable to attend) CITIZEN APPEARANCES (14.) Presentation of Honorary Citizenships to the Intensive Language Program students at Texas Tech University. The following students have successfully participated in the Intensive English Program at Texas Tech University and were awarded Honorary Citizenships: 317 Regular City Council Meeting November 12, 1998 Page 318 Alper Altinanahtar Yshihisa Ampo Pavel Borovinsky Chih-Hung Chuang Maria Gallego Maria Elena Gonzalez Cheng His Ho Betty Huang Fang Yi Lin Fethi Ozen Laura Ponce Anton Smirnov (15.) Presentation of Special Recognition to Bonner Bennett of the Coalition of Texans with Disabilities in commemorating the importance of Personal Assistance Services. There are 1,752,945 Texans with severe disabilities who need personal assistance services to perform activities of daily living. Many disabled people continue to live away from their families and communities in nursing homes and other institutions due to lack of personal assistance services. Texans with disabilities and older citizens overwhelmingly need and prefer long-term community based personal assistance services that will provide them with choice and control over their lives. This special recognition commemorates the importance of personal assistance services. (16.) David Fleming, a member of the Volunteer Planning Committee, gave a presentation on the Buddy Holly Center. The Buddy Holly Center is scheduled to open September 2, 1999. The facility will feature an exciting blend of visual arts exhibitions, educational programs, outreach initiatives, and the presentation of artifacts relevant to the lives of Texas musicians and songwriters. Dozens of volunteers have come together to help plan for the opening of the Center. Six committees currently are working in the following areas: programs and exhibitions for music and the visual arts; fundraising; gift shop; the grand opening; and a speaker's bureau. Volunteers are helping to identify, organize and raise funds for exhibitions and programs; raise additional funds for capital costs; plan the logistics and events for the grand opening; and promote this unique facility. Mr. Fleming presented a slide presentation that is being delivered to civic organizations throughout Lubbock. CONSENT AGENDA (Items No. 17 - 53) Consent Agenda items were considered immediately following Item No. 54. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was absent from the dais. (17.) Approval of the minutes of the Regular City Council Meeting of October 22, 1998, as corrected. UVI Regular City Council Meeting November 12, 1998 Page 319 (18.) Ordinance No. 10102 abandoning and closing an alley in Block 2, Westhaven Addition, an alley in Block 5, Westhaven Addition, an alley in Block 12, Westhaven Addition, a portion of Geneva Avenue east of Block 5, Westhaven Addition, 2nd Place between Block 2 and Block 5, Westhaven Addition, all easements and an alley, rights -of - way dedicated by the plat of Tracts AB, CD, E, F and G, Westhaven Addition, a stormwater storage and drainage easement located on the north 395 feet of Tract H, Westhaven Addition, a sewer lift station easement granted in Volume 898, Page 387 of the Deed Records of Lubbock County, Texas, and further located in the Northwest portion of Tract H, Westhaven Addition, and the east 7.0 feet of Lot 1, Block 5, Westhaven Addition, used as a portion of Geneva Avenue and as described in Warranty Deed Volume 2286, Pages 703 and 794 in the Deed Records of Lubbock County, Texas all Additions are to the City of Lubbock, Lubbock County, (3201 2nd Place) (second and final reading). ORDINANCE NO. 10102 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY IN BLOCK 2, WESTHAVEN ADDITION, AN ALLEY IN BLOCK 5, WESTHAVEN ADDITION, AN ALLEY IN BLOCK 12, WESTHAVEN ADDITION, A PORTION OF GENEVA AVENUE EAST OF BLOCK 5, WESTHAVEN ADDITION, 2ND PLACE BETWEEN BLOCK 2 AND BLOCK 5, WESTHAVEN ADDITION, ALL EASEMENTS AND AN ALLEY, RIGHTS -OF -WAY DEDICATED BY THE PLAT OF TRACTS AB, CD, E, F, AND G, WESTHAVEN ADDITION, A STORMWATER STORAGE AND DRAINAGE EASEMENT LOCATED ON THE NORTH 395 FEET OF TRACT H, WESTHAVEN ADDITION,A SEWER LIFT STATION EASEMENT GRANTED IN VOLUME 898, PAGE 387 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, AND FURTHER LOCATED IN THE NORTHWEST PORTION OF TRACT H, WESTHAVEN ADDITION, AND THE EAST 7.0 FEET OF LOT 1, BLOCK 5, WESTHAVEN ADDITION, USED AS A PORTION OF GENEVA AVENUE AND AS DESCRIBED IN WARRANTY DEED VOLUME 1286, PAGES 703 AND 794 IN THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, ALL ADDITIONS ARE TO THE CITY OF LUBBOCK, 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 REFLECT SAID ABANDONMENT AND CLOSING, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. This ordinance was read as a routine consent agenda item at the September 24, 1998 City Council meeting. A 6.25-foot by 75.00-foot alley portion adjacent to Lots 1, 2, and 3, Block 2 has been omitted from this second reading. The Right -of -Way Department recommended the approval of the second reading of this ordinance. (19.) 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) (second and final reading). 319 Regular City Council Meeting November 12, 1998 Page 320 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. (20.) Ordinance No. 10110 abandoning and closing a five-foot LP&L underground utility easement and a six-foot by six-foot LP&L switching enclosure easement in Tract B, Postar Addition to the City of Lubbock (2407 82nd Street) (second and final reading). ORDINANCE NO. 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. (21.) Ordinance No. 10112 amending Chapter 16, Motor Vehicle and Traffic, Section 175.2 of the Code of Ordinance to add school zones on Memphis Avenue at 86th Street (20 mph), and Slide Road _ (FM 1730) at 73rd Street (30 mph) (second and final reading). 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. (22.) 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 (second and final reading). 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. (23.) Ordinance No. 10114/Zone Case No. 1756-E (South of 2nd Street between Hartford and Geneva): Request of Paul Steil (for Hurt and Steil Investments) for zoning change from R-1 to A-2 for apartments on Lots 1-6, 15, and 16, Block 2, Westhaven Addition (second and final reading). 320 Regular City Council Meeting November 12, 1998 Page 321 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. (24.) 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 (second and final reading). 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. (25.) 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 (second and final reading). 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. (26.) Ordinance No. 10118 abandoning and closing a portion of an alley in the King's Row Addition and a transformer pad easement located in the King's Court Addition (3915 84th Street) (first reading). ORDINANCE NO. 10118 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20- FOOT ALLEY LOCATED IN THE KING'S ROW ADDITION; AND A TRANSFORMER PAD EASEMENT LOCATED IN THE KING'S COURT ADDITION, TO THE CITY OF LUBBOCK, 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 REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 1,960.2-square-foot portion of an east -west alley and an LP&L transformer pad easement being closed are located just south of 84th Street and west of Memphis Avenue. They are being closed for replat purposes for the homeowner to incorporate two residential lots into one. A new, larger alley will be dedicated to replace this alley being closed, 321 Regular City Council Meeting November 12, 1998 Page 322 and a new transformer pad easement will be dedicated also. All utilities are in agreement with this alley closure since the alley area being closed will remain an underground utility easement. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (27•) Ordinance No. 10119 abandoning and closing two alley access easements located in Section 9, Block J-S, Lubbock County, Texas (1301 Juneau Avenue and 1502 Kewanee Avenue) (first reading). ORDINANCE NO. 10119 AN ORDINANCE ABANDONING AND CLOSING TWO ALLEY ACCESS EASEMENTS LOCATED IN SECTION 9, BLOCK J-S, 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. Two 30-foot by 150-foot north -south alley access easements were dedicated when Lots 413-515 were dedicated in the Revier Farm Addition. The first alley easement is located just west of Juneau Avenue and south of 12th Street and the second alley easement is located just north of 15th Street at what would be Kewanee Avenue. New permanent alleys have been dedicated by Ron and Rick Betenbough to the west of Juneau Avenue and Kewanee, and these alley access easements are no longer needed. The Right -of -Way Department recommended the first reading of this ordinance. (28.) Ordinance No. 10120 amending Chapter 16 of the Code of Ordinances of the City of Lubbock Motor Vehicles and Traffic, Article XI, Parades, Demonstrations and Recreational Street Use, Section 16-325, Security (first reading). ORDINANCE NO. 10120 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, MOTOR VEHICLES AND TRAFFIC, ARTICLE XI, PARADES, DEMONSTRATIONS AND RECREATIONAL STREET USE, SECTION 16-325, SECURITY. Currently, Sec. 16-325 as written requires that the City provide two police officers for any parade of two hours or less duration and for any recreational street use involving 100 or fewer persons. This has resulted in some permittees insisting on having two peace officers provided at gatherings involving very few persons and not justifying the assignment of two peace officers. The amendment deletes this requirement. The Lubbock Police Department will provide security to parades of under two hours or gatherings of 100 or fewer persons as it determines necessary. Very small gatherings may not warrant special security provisions. The amendment will permit better and more effective utilization of our police force in the best interest of the safety and welfare of the citizens of the City of Lubbock. Staff recommended approval. 322 Regular City Council Meeting November 12, 1998 Page 323 (29.) Resolution No. 6088 authorizing the Right -of Way Department to make offers to 32 property owners for 17 parcels of right-of-way for the Reese Redevelopment Authority sewer line easement and underground communications cable easement project (11th Place and Milwaukee). RESOLUTION NO. 6088 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 an underground sewer line and communications cable easement to Reese Air Force Base now known as the Reese Redevelopment Authority, and the City Council of said City finds it in the public interest and for public purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent and working easement to each of the following described parcels of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO OWNER'S NAME AMOUNT SL-2 Raintree Christrian Church $21,100.00 SL-4 Pevehouse Development Corporation, $ 2,300.00 a Texas Corporation SL-5 Burgamy Development Corporation, $ 2,150.00 a Texas Corporation SL-6 Nona Pevehouse Burgamy and $ 2,550.00 Byron Cone Pevehouse SL-7, 8, Gary Gene Clement, Nancy Morrow Edwards, $ 5,700.00 9, 10 Houston Lee Morrow, Temple H. Morrow, Jr., Carl Dickson Morrow SL-11 Edward Heath Johnston, Jack Anthony Johnston, $ 850.00 Reagan Leon Johnston, Sue Brown Hassemeier, Kate Brown Jones a/k/a Mary Katherine Brown Jones SL-12 Harlin W. Hamner, Trustee $ 2,200.00 SL-13A Ronnie Dale Gilliland $ 340.00 SL-13B Gary Sherrill Gilliland $ 340.00 SL-13C Brenda Sue Gilliland Revilla $ 340.00 SL-13D Bobby Loyd Gilliland $ 340.00 SL-13E Larry Dwain Gilliland $ 340.00 SL-14 Winnie Hazel Gentry $ 1,450.00 SL-15 The Children's Home Foundation, a Texas $23,700.00 Non -Profit Corporation 323 Regular City Council Meeting November 12, 1998 Page 324 SL-16 Katherine Smyth and Melva T. James SL-18 The Estate of W. C. Huffaker, Deceased SL-19 Elton R. Taylor, S. G. Cobb, Dean A. Snyder, Jr., Donald Whitaker, Katherine Smyth and Melva T. James $ 5,300.00 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the granting of a permanent and working easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent and working easement to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 12th day of November, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Easement Exhibit is filed with Resolution No. 6088. Recently, the City was awarded a grant to construct a sewer line to Reese AFB, which is now the Reese Redevelopment Authority. Reese had its own sewage treatment plant but, according to a Federal review, it must be closed. This sewer line will be approximately four and one-half miles in length. It will begin at 19th Street and Iola Avenue, travel northward to approximately llth Place, then turn westward along the half -section line between 19th Street and 4th Street to Reese. A communications cable will be placed in this easement to service a Texas Tech facility on the Reese property. The majority of this property is farmland and some residential. These 17 parcels of right-of-way were appraised by Jim Bowman. This resolution asks for approval of offers to these 32 owners for 17 parcels of right-of-way. This resolution states the parcel number, the owner(s) name, and the appraised amount that 324 Regular City Council Meeting November 12, 1998 Page 325 they will be offered. This resolution authorizes the Right -of -Way Department to offer the property owners this appraisal amount and if refused, institute condemnation proceedings to acquire these easements. The Right -of -Way Department recommended the approval of our offer to these property owners. (30.) Resolution No. 6089 authorizing the Mayor to execute an alley -use license with Gaylord W. Carter for an underground water line in the alley adjacent to Lots 752 and 753, Broadmoor Addition (4306 64th Street) . RESOLUTION NO. 6089 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Alley Use License with associated documents for and on behalf of the City of Lubbock with Gaylord W. Carter, for an underground water line in the adjacent alley. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of November, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Alley Use License is filed with Resolution No. 6089. Mr. Carter lives directly north of Elmore Park at 64th and Quaker Avenue and has a basement under his house. Due to the water table being only a few feet below the surface of his lot at this location, he was getting water in his basement. He has installed an underground pump to remove water from the area around his basement to keep his basement - dry. He has been running this pump continuously and emptying the water to the street to drain but has requested that he be issued an alley - use license to carry this water from the pump to a storm drain through an underground plastic pipe. The City's Engineering Department has approved this project. He will be charged the minimum of $50 per year for this license and the license will be for 20 years. 325 Regular City Council Meeting November 12, 1998 Page 326 The Right -of -Way Department recommended the approval of this alley - use license. (31.) Resolution No. 6090 authorizing the Mayor to execute a street -use license with Lubbock Christian University for a water line and a communications line across 26th Street, just west of Dover Avenue (5601 26th Street). RESOLUTION NO. 6090 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License Agreement with Lubbock Christian University, attached herewith, 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. Passed by City Council this 12th day of November, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Street Use License is filed with Resolution No. 6090. Lubbock Christian University is planning to place a communications cable and water line across 26th Street, just west of Dover Avenue. LCU was the original dedicator of 26th Street, so there will not be a charge for this license. The Right -of -Way Department recommended the approval of this street - use license with LCU. (32.) Resolution No. 6091 authorizing the Mayor to execute a Quitclaim Deed in favor of Kirby Randal Gryder and Marcie Jo Gryder (3404 37th Street). Regular City Council Meeting November 12, 1998 Page 327 RESOLUTION NO. 6091 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 a Quitclaim Deed with associated documents for and on behalf of the City of Lubbock with Kirby Randal Gryder and Marcie Jo Gryder. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of November, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Quitclaim Deed is filed with Resolution No. 6091. This resolution authorizes the Mayor to convey a 30.99-foot wide by 132.50-foot long strip of excess Indiana Avenue right-of-way to the adjacent property owners, Kirby and Marcie Gryder. The City is selling this 30.99 front foot wide strip of Indiana Avenue right-of-way to Mr. and Mrs. Gryder for $5 per front foot or $154.95 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. (33.) Resolution No. 6092 authorizing the Mayor to execute a Memorandum of Agreement and a Deed for the sale of a 65,242.00- square-foot tract of land out of the Northwest Quarter (NW/4) of Section 15, Block B, Lubbock County, Texas to the Texas Department of Transportation (TxDOT) for the East-West Freeway (2001 Quaker Avenue). 327 Regular City Council Meeting November 12, 1998 Page 328 RESOLUTION NO. 6092 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 Memorandum of Agreement and a Deed conveying some 65,242.0 square feet, more or less, of land out of the Northwest Quarter (NW/4) of Section 15, Block B, Lubbock County, Texas, same property described in Volume 1154, Page 145 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by City Council this 12th day of November, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Memorandum of Agreement is filed with Resolution No. 6092. The Texas Department of Transportation is in the process of buying right-of-way for the East-West Freeway along the Brownfield Highway. The City owns a tract of land south of the Cinema West Theater at the southeast corner of 19th Street and Quaker Avenue. This 65,242-square- foot tract of land was originally purchased for a stormwater drainage area by the City and is a permanent lake area. The State plans to acquire other adjacent properties to create a large drainage basin in this area as part of the freeway project. This property was appraised by Woody Nelson, MAI, for the State and the appraised value for this property, which is also their offer to the City, is $82,642. The Right -of -Way Department has reviewed this appraisal and found it acceptable. This resolution authorizes the Mayor to execute a deed conveying the property and to sign a Memorandum of Agreement with TxDOT regarding the price, condition, occupancy date, and closing instructions. The Right -of -Way Department recommended the sale of this property to TxDOT. 328 Regular City Council Meeting November 12, 1998 Page 329 (34.) Resolution No. 6093 authorizingrenda J o Jones fora cexecute loncrete license with A. Thomas Jones and B stairway encroachment in the alley adjacent to Lot 20, Block 3, College Park Addition (2504 University). RESOLUTION NO. 6093 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Alley Use License with associated documents for and on behalf of the City of Lubbock with A. Thomas Jones and Brenda J. Jones, for a portion of a concrete stairway in the adjacent alley. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of November, 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 L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Alley Use License is filed with Resolution No. 6093. Tom Jones and Brenda Jones are the owners of the University Christian Academy at 25th and University Avenue. The City's Fire Marshal office has requested that a fire escape be built in the alley north of their main building so in case of an emergency, people can evacuate the building from the 2nd floor. This concrete stairway will be three feet in width and 15 feet in length. The building is set back two feet south of the property line, so this stairway will only encroach into the alley by one foot. Therefore, the total encroachment area is 1-foot by 15-feet for a total of 15 square feet. They will be charged the minimum for this alley -use license of $50 per year, with the first five -year's payment of this 20-year license due of $250.00 The Right -of -Way Department recommended the approval of this alley - use license. (35.) Resolution No. 6094 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., in Summerfield Addition, Lots 258-298 and Tracts A-7 and A-8. 329 Regular City Council Meeting November 12, 1998 Page 330 RESOLUTION NO. <m A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 258-298 and Tracts A-7 and A-8 Summerfield Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 89th Street from the West lip line of Detroit Avenue to the South end of radius of the bend at Elgin Avenue, known and designated as New Subdivision Sub - Unit Number 44 of Unit Number 2038. Detroit Avenue from the South end of radius of the alley North of 89th Street to the North end of radius of the alley North of 90th Street, known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2038. Dixon Avenue from the South lip line of 89th Street to the cul-de-sac 250.00 feet South of 89th Street, known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2038. Elgin Avenue from the South end of radius of the bend at 89th Street to the cul- de-sac 250.00 feet South of 89th Street, known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 330 Regular City Council Meeting November 12, 1998 Page 331 Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 89th Street from Detroit Avenue to Elgin Avenue; Detroit Avenue from the alley north of 89th Street to the alley north of 90th Street; Dixon Avenue from 89th Street to the cul-de-sac south of 89th Street; and Elgin Avenue from 89th Street to the cul-de-sac south of 89th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (36.) Resolution No. 6095 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Westchester Park Addition, Lots 195-260. RESOLUTION NO. 6095 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 195-260, Westchester Park Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 331 Regular City Council Meeting November 12, 1998 Page 332 Justice Avenue from the North end of radius at 5th Street to the North end of radius at 7th Street, known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2038. The East half of Kline Avenue from the North end of radius of the alley North of 8th Street to the North end of radius of the alley North of 6th Street, known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2038. 6th Street from the West lip line of Justice Avenue to the cul-de-sac East of Kline Avenue, known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2038. 7th Street from the West lip line of Justice Avenue to the cul-de-sac East of Kline Avenue, known and designated as New Subdivision Sub -Unit Number 11 of Unit Number 2038. 6th Street from the East lip line of Justice Avenue to the West end of radius of the alley East of Justice Avenue, known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2038. 5th Street from the East lip line of Justice Avenue to the West end of radius of the alley East of Justice Avenue, know and designated as New Subdivision Sub - Unit Number 13 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney 332 Regular City Council Meeting November 12, 1998 Page 333 This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Justice Avenue from 5th Street to 7th Street; The east half of Kline Avenue from the alley north of 8th Street to the alley north of 6th Street; 6th Street from Justice Avenue to the cul-de-sac east of Kline Avenue; 7th Street from Justice Avenue to the cul-de-sac east of Kline Avenue; 6th Street from Justice Avenue to the alley east of Justice Avenue; and 5th Street from Justice Avenue to the alley east of Justice Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (37.) Resolution No. 6096 accepting paving improvements constructed by David Wood Construction, Inc., in University Pines Addition, Tract A-1-A. RESOLUTION NO. 6096 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Tract "A-1-A", University Pines Addition, made arrangements with David Wood Construction, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The West half of University Avenue from the North right-of-way line of 98th Street to 425.00 feet North of the North right-of-way line of 98th Street, known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2038. The North half of 98th Street from the centerline of University Avenue to 342.00 feet West of the centerline of University Avenue, known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 333 Regular City Council Meeting November 12, 1998 Page 334 SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of paving and curb and gutter on: The west half of University Avenue from 98th Street to 425 feet north, and The north half of 98th Street from University to 342 feet west. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. (38.) Resolution No. 6097 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., in Meadows South Addition, Lots 1-72. RESOLUTION NO. 6097 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-72, Meadows South Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 334 Regular City Council Meeting November 12, 1998 Page 335 The South half of 98th Street from the East end of radius of the alley return East of Bangor Avenue to the West end of radius of the alley return West of Clinton Avenue (curb and gutter & alley returns only), known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2038. 99th Street from the West end of radius of elbow cul-de-sac at Bangor Avenue to the East lip line of Chicago Avenue, known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2038. 99th Street from the West lip line of Chicago Avenue to the West end of radius of Clinton Avenue (South side of 99th Street), known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2038. Bangor Avenue from the South lip line of 98th Street to the West end of radius of elbow cul-de-sac at 99th Street, known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2038. Beaufort Avenue from the North lip line of 99th Street to the South back of curb of 98th Street, known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2038. Belmont Avenue from the North lip line of 99th Street to the South back of curb of 98th Street, known and designated as New Subdivision Sub -Unit Number 28 of Unit Number 2038. Chicago Avenue from the South lip line of 98th Street to the South ends of radius of the alley returns South of 99th Street, known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2038. Clinton Avenue from the North lip line of 99th Street to the South back of curb of 98th Street, known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2038. Clinton Avenue from the South lip line of 99th Street to the South ends of radius of the alley returns South of 99th Street, known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 335 Regular City Council Meeting November 12, 1998 Page 336 Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter on: The south half of 98th Street from the alley east of Bangor Avenue to the alley west of Clinton Avenue (curb and gutter and alley returns only); 99th Street from the cul-de-sac at Bangor Avenue to Chicago Avenue; 99th Street from Chicago Avenue to Clinton Avenue; Bangor Avenue from 98th Street to the cul-de-sac at 99th Street; Beaufort Avenue from 99th Street to 98th Street; Belmont Avenue from 99th Street to 98th Street; Chicago Avenue from 98th Street to the alley south of 99th Street; Clinton Avenue from 99th Street to 98th Street; and Clinton Avenue from 99th Street to the alley south of 99th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. (39.) Resolution No. 6098 authorizing acceptance of water and sanitary sewer improvements for Lots 89-152, Prairie Point East Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6098 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 89-152, PRAIRIE POINT EAST ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. 336 Regular City Council Meeting November 12, 1998 Page 337 WHEREAS, the developer of Lots 89-152, Prairie Point East 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 $79,764.47 with the improvements constructed by Utility Contractors of America having a value of $66,333.74 as determined by the unit prices established by said Chapter 28, and $13,430.73 cash paid to the City, which amount includes $12,077.05 cash for adjacent lines, with Prairie Point Construction Company, the developer, to receive a refund of $21,163.42 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 $21,163.42 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. Passed by City Council this 12th day of November, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ WINDY SITTON WINDY SITTON, MAYOR This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $66,333.74. The developer, Prairie Point Construction Company, will receive a refund of $21,163.42 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. The subdivision is located at 86th Street and Avenue U. 337 Regular City Council Meeting November 12, 1998 Page 338 Staff recommended acceptance of the improvements. (40.) Resolution No. 6099 authorizing acceptance of water and sanitary sewer improvements for Lots 1-72, Meadows South Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6099 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-72, MEADOWS SOUTH ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1-72, Meadows South 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 $179,399.80 with the improvements constructed by Rhode Construction Company having a value of $139,675.20 as determined by the unit prices established by said Chapter 28, and $39,724.60 cash paid to the City, which amount includes $35,658.19 cash for adjacent lines, with Lubbock Meadows South Joint -Venture, the developer, to receive a refund of $35,517.19 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 $35,517.19 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. 338 Regular City Council Meeting November 12, 1998 Page 339 Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $139,675.20. The developer, Lubbock Meadows South Joint Venture, will receive a refund of $35,517.19 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. The subdivision is located at 98th Street and Chicago Avenue. Staff recommended acceptance of the improvements. (41.) Resolution No. 6100 authorizing acceptance of water and sanitary sewer improvements for Lots 52-98, South Haven Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6100 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 52-98, SOUTH HAVEN ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 52-98, South Haven 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 $95,306.95 with the improvements constructed by Utility Contractors of America having a value of $76,409.60 as determined by the unit prices established by said Chapter 28, and $18,897.35 cash paid to the City, which amount includes $16,067.07cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $27,293.36 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: 339 Regular City Council Meeting November 12, 1998 Page 340 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 $27,293.36 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. Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $76,409.60. The developer, Lubbock Land Company, will receive a refund of $27,293.36 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of the improvements. (42.) Resolution No. 6101 authorizing acceptance of water and sanitary sewer improvements for Lots 67-106, Sunridge Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6101 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 67-106 SUNRIDGE ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 67-106, Sunridge 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 340 Regular City Council Meeting November 12, 1998 Page 341 WHEREAS, the total utility cost to the developer is $92,358.12 with the improvements constructed by Utility Contractors of America having a value of $75,891.12 as determined by the unit prices established by said Chapter 28, and $16,467.00 cash paid to the City, which amount includes $13,222.69 cash for adjacent lines, with Excel Development, Inc., the developer, to receive a refund of $21,962.46 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 $21,962.46 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. Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ches Carthel Ches Carthel, Chief Water Engineer APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total value of the improvements is $75,891.12. The developer, Excel Development, Inc., will receive a refund of $21,962.46 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. The subdivision is located at 105th Street and Winston Avenue. Staff recommended acceptance of the improvements. 341 Regular City Council Meeting November 12, 1998 Page 342 (43.) Resolution No. 6102 authorizing the Mayor to execute a contract with Data Systems International (DSI) to purchase a mini -computer to replace existing equipment in support of the J. D. Edwards Financial System. RESOLUTION NO. 6102 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract to purchase a mini -computer to replace existing equipment in support of the J.D. Edwards Financial System, by and between the City of Lubbock and Data Systems International, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Technology Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6102. J. D. Edwards is the current vendor for the automated Financial System for the City of Lubbock. The hardware on which it operates was purchased more than five years ago and has outlived its useful life. To allow implementation for the future updates and to take advantage of new functionality available, it is necessary to replace the existing production IBM AS/400. The cost of the new equipment is $132,620. This includes an IBM AS/400 server model 9406-S20, all system software, an IBM 3570-CO1 tape drive (MagStar MP 1 drive library) and a 9348-001 round tape attachment. Staff recommended approval of this contract with Data Systems International. (44.) Resolution No. 6103 authorizing the Mayor to execute Change Order No. 3 with Duininck Brothers, Inc. to displace the landing threshold on Runway 8/26 at the airport. 342 Regular City Council Meeting November 12, 1998 Page 343 RESOLUTION NO. 6103 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order #Three (3) by and between the City and Duininck Brothers, Inc., and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of November, 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 Change Order No. 3 is filed with Resolution No. 6103. During the design phase of the Runway 17R/35L reconstruction project, the engineering consultant discovered that the threshold for RWY 8/26 was incorrectly marked. The FAA was consulted on the matter and it was determined that the incorrect markings had existed for a number of years, and that the problem had been overlooked on the annual FAA certification inspections. The FAA and the Department of Aviation agreed that the markings should be corrected at the earliest opportunity. Cost savings on the reconstruction of Runway 17R/35L resulted in a surplus of federal funding at the end of the project. The FAA recommended that a portion of those funds be utilized to re -mark Runway 8/26. Rather than initiating a new project, the Department of Aviation is recommending that the project be handled as a change order to the Runway 17R/35L reconstruction project. This will allow the City to take advantage of favorable pricing in the contract for the reconstruction project and will expedite the approval process. The cost of Change Order No. 3 is $174,712. The Change Order and list of unit prices was included in Council backup. A summary of the overall contract and available funding is shown below. 343 Regular City Council Meeting November 12, 1998 Page 344 Project Budget History % Chg Original construction contract Change Order No. 1 (3.9%) (-0.4 %) Change Order No. 2 +3.2%) Change Order No. 3 6.6% Estimated Final Engineering/Inspection Total Project Costs Project Costs $5,362,317.00 210,643.75 $5,572,960.75 FAA PFC (25,775.34) $5,547,185.41 174,712.00 $5,721,897.41 973,592.34 $6,695,489.75 Total Avail. Funds Available Funds $6,006,365.46 869,124.29 $6,875,489.75 The Airport Board has reviewed Change Order No. 3 and recommended approval. Staff also recommended approval. (45.) Consider the price and condition of sale of Parcel No. 15760-22-50 at 2513 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30. The property is to be redeveloped with a new 1,150-square-foot, single- family residence valued at $35,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 and 2500 blocks of Hickory Avenue with homes for low-income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, eleven homes have been completed by volunteers. One home is currently under construction. The Community Development Department recommended approval. (46.) Bid #98128--Water Treatment Chemicals, Annual Pricing (Water Utilities) This bid establishes annual pricing for water treatment chemicals to be used at the Water Treatment Plant and the Water Reclamation Plant. The Water Treatment Plant uses the chemicals to disinfect, coagulate and control the taste and odor in the drinking water treatment process as regulated by the Texas Natural Resource Commission (TNRCC). The Water Reclamation Plant uses the chemicals for plant process and odor control. All chemicals are required to ensure compliance with TNRCC regulations. Sweetwater Technologies, of Temacula, California submitted the low bid for the Liquid Aluminum Sulfate/Polymer Blend (Item 11); however, the State of Texas reciprocal preference law mandated the City of Lubbock to add five percent to Sweetwater Technologies' bid since the State of California's local preference law gives a five percent preference to resident bidders. The Chemical Supplies budget amount for these items is $612,294. 344 Regular City Council Meeting November 12, 1998 Page 345 The low bids were from the following companies: Advance Chemical Distributors of Borger, TX $4,650.00 Allied Colloids, Inc. of Suffolk, VA $13,389.33 Aluminum Chemicals, Inc. of Houston, TX $112,000.00 Ampac Chemical Co. of Houston, TX $17,780.00 Carus Chemical Co. of Peru, IL $7,486.00 Central Garden & Pet Co., Inc. of Lubbock $104,520.00 DPC Industries, Inc. of Sweetwater, TX $167,103.50 Houston Chemical Distributor, Inc. of Algoa, TX $20,700.00 Kemwater North America Co. of Antioch, CA $7,350.00 Russ Chemical Co. Of Odessa, TX $43,200•00 Stockhausen, Inc. of Greensboro, NC $127,062.55 Van Waters & Rogers, Inc. of Odessa, TX $54,456.23 (47.) Bid #98211--Emergency Generating Units (Water Utilities) This bid is for the purchase of mobile emergency generators to respond to prolonged power outages at critical water and wastewater facilities at various locations throughout the city. These generators will be moved as needed to critical water facilities to maintain water system supply and pressure or to wastewater facilities to help prevent prolonged wastewater spills or discharges. The current list of critical facilities includes the following: Water Treatment Plant/Pump Station No. 11 - 6001 N. Guava Avenue Pump Station No. 7 - 29th Drive and Vicksburg Avenue Southeast Water Reclamation Plant - East 37th Street and Guava Avenue Pump Station No. 10 - 82nd Street and Memphis Avenue Pump Station No. 8 - Southeast Loop 289 Pump Station No. 9 - North Quaker Avenue and U.S. Highway 84 Pump Station No. 4 - Municipal Drive and Interstate 27 The Water Capital Project - Emergency Generator budget amount is $1,160,000. This budget amount also provides for construction and modification at the critical facilities, which will be bid at a later date. The low bid is $836,436 from West Texas Equipment, L.P. of Lubbock, Texas. (48.) Resolution No. 6104/Bid #98212--Fire Administration Complex (Facilities Management) RESOLUTION NO. 6104 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 the Fire Administration Complex, by and between the City of Lubbock and David Wood Construction, Inc., of Lubbock, Texas, 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. 345 Regular City Council Meeting November 12, 1998 Page 346 Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Ka thie 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, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of November, 1998, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and David Wood Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98212 - FIRE ADMINISTRATION COMPLEX - $4,587,900.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. k0i Regular City Council Meeting November 12, 1998 Page 347 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Gary Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: David Wood Construction, Inc. By: /s/ David Wood PRINTED NAME: David Wood TITLE: President COMPLETE ADDRESS: David Wood Construction, Inc. 5501 Spur 327 Lubbock, Texas79424 This project involves the construction of new office and support services facilities for the Fire Department at North Martin Luther King and Ursuline. These facilities will include Fire Station #2, Fire Marshal's Offices, Fire Administration Offices, Fire Training Academy, Vehicle Maintenance Shop, and other related buildings. The New Fire Administration Complex -Building Capital Outlay budget amount is $5,000,000. The low bid is $4,587,900 from David Wood Construction of Lubbock, Texas. (49.) Resolution No. 6105/Bid #98214--Building Addition to Pump Station #7 (Water Utilities) RESOLUTION NO. 6105 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 the Building Addition to Pump Station #7, by and between the City of Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas, 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. 347 Regular City Council Meeting November 12, 1998 Page 348 Passed by City Council this 12th day of November, 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, Assistant City Attorney 'A Ma I'kTATi] 1 STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of November, 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 Wardroup & Associates, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98214 - BUILDING ADDITION TO PUMP STATION #7 - $27,569.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 348 Regular City Council Meeting November 12, 1998 Page 349 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/ Ches Carthel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Wardroup & Associates, Inc. By: /s/ Wallace C. Wardroup PRINTED NAME: Wallace C. Wardroup TITLE: Vice President COMPLETE ADDRESS: Wardroup & Associates, Inc. P. 0. Box 6999 Lubbock, Texas 79493 This project involves the construction of a building to house new motor control centers for the pump motors at Pump Station No. 7 at 29th Drive and Brownfield Highway. The building will be constructed of concrete block and is approximately 240 square feet in size. The Water Facilities and System Improvements Capital Project budget amount is $30,000. The low bid is $27,569 from Wardroup and Associates, Inc. of Lubbock, Texas. (50.) Bid #98223--Motor Truck Cab and Chassis and Service Bodies (Fleet Services) This bid is for the replacement of the Motor Cab and Chassis and Service Bodies within the City's fleet. These new pieces of equipment will replace existing equipment in the regular replacement cycle. Staff recommended award of Item 16 (Sideloading Packer Body) to the second low bidder based on total life cycle cost analysis using historical repair data on equipment presently owned by the City. In a time frame from 10/01/95 to 01/03/97 the City expended $55,187.05 on eight Solid Waste IMCO Packer Bodies manufactured similar to those by IMPAC (Southwest Equipment). This factors out to be $5,518.60 per year per unit. In the same time frame from 10/01/95 to 01/03/97 the City expended $17,170.57 on eight Solid Waste Packer Bodies Manufactured by Pak-Mor, Inc. (Davis Truck). This factors out to be $1,717.08 per year per unit. Historically, maintenance costs on IMCO (similar to IMPAC) units have been $5,518.60 per year, per unit, while maintenance on Davis units has been $1,717.08. Typically, the units last 7 years. 349 Regular City Council Meeting November 12, 1998 Page 350 Using a life -cycle approach to costing: Davis units: 18 Sideloading packer bodies @ $49,700 each Maintenance projections (based on historical experience) _ $1,717.08 x 18 units x 7 years Total life -cycle cost Southwestern Equipment: 18 Sideloading packer bodies @ $46,675 each Maintenance projections (based on historical experience) _ $5,518.60 x 18 units x 7 years Total life -cycle cost 216,352.08 $1,110,952.08 $840,150.00 695,343.60 $1,535,493.60 In addition, the City of Odessa recently completed a seven -month study comparing maintenance costs of five 1997 IMPAC units to four 1993 Pak-Mor units. Odessa experienced 222 % more downtime and 451 % more breakdowns with the IMPAC units while Pac-Mor's parts and labor cost 43 % less. In fact, due to excessive maintenance downtime with IMPAC equipment, the City of Odessa recently cancelled a purchase order for six IMPAC packer bodies. Based on a life -cycle cost evaluation of the bids for sideloading packer bodies, staff recommended that Item 16 be awarded to Davis Truck and Equipment of Dallas, Texas. The funds for this equipment bid are approved in various capital projects. Sufficient funds are available in these capital projects to cover expenditures for equipment bid. The low bids were from the following companies: Shamrock Chevrolet of Lubbock, TX $1,194,216.00 Bruckner Truck Sales of Lubbock, TX 216,360.00 Norstar Products Inter., Inc. of Duluth, MN 376,767.00 American Equip. & Trailer, Inc. of Lubbock, TX 31,704.00 J & B Trailers & Equipment, Inc. of Lubbock, TX 12,830.00 Baker Equipment Company of Edmond, OK 53,905.55 Altec Industries, Inc. of St. Joseph, MO 245,151.00 STM Equipment Company of Arlington, TX 109,109.00 Davis Truck & Equipment Co., Inc. of Dallas, TX 844,900.00 Stellar Industries, Inc. of Garner, IA 16,163.00 (51.) Bid #98224--Construction Equipment (Fleet Services) This bid is for the replacement of the construction equipment within the City's fleet. The funds for this equipment bid are approved in various capital projects. Sufficient funds are available in these capital projects to cover expenditures for equipment bid. 350 Regular City Council Meeting November 12, 1998 Page 351 The low bids were from the following companies: Yellowhouse Machinery Co. of Lubbock, TX $ 89,000.00 Scott Tractor & Equipment of Lubbock, TX 75,895.20 Bee Equipment Sales, Inc. of Lubbock, TX 81,880.50 Associated Supply Co., Inc. of Lubbock, TX 75,860.00 West Texas Equipment Co. of Lubbock, TX 510,474.00 (52.) Bid #98246--Holly 1 Steam Turbine Repair (Electric Production) On September 23rd, Holly 1 steam turbine was taken out of service due to high vibration. It was subsequently determined that three stationary vanes had failed. These vanes were a part of the second Curtis stage nozzle ring, which had recently been replaced. The failure appears to be the result of a defect in a part. The loss of this unit will put a substantial strain on our remaining generation equipment during periods of high load demand in winter. In view of the urgency to return the unit to service and restore system availability to a satisfactory level, faxed bids were solicited from qualified bidders for repair of the turbine. The System Maintenance Capital Account budget is $500,000. The low bid is $328,000 from Contract Services of Odessa, Texas. Contract Services also offered a turnaround time of 45 days after receipt of order. (53.) Bid #98250--1,800-Gallon Water Tankers (Fire Department) This bid is for the purchase of two E-One American Eagle Tankers with 300-gallon per minute pumps and 1800-gallon capacity water tanks. One tanker will be on a Ford F-800 35,000 GVW chassis and the other on a Navistar 35,000 GVW chassis. These trucks will provide water supply for fire protection in areas of the city where fire hydrants are unavailable at this time. The Fire Engine Replacement Capital Project budget amount is $212,000. Emergency One was determined to be the only manufacturer able to deliver a compliant product within the limited time frame necessary for this purchase. The low bid is from Emergency One through the Houston Galveston Area Council (HGAC) cooperative contract at the purchase price of $211,574.71. 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. REGULAR AGENDA CIVIC SERVICES (54.) Resolution No. 6087 authorizing the Mayor to execute an agreement between the City of Lubbock and the Western Professional Hockey League and the South Plains Professional Hockey Club, Ltd., General Partner, to present hockey in the Municipal Coliseum. This item was considered following the continuation of Item No. 6. 351 Regular City Council Meeting November 12, 1998 Page 352 RESOLUTION NO. 6087 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to establish an economic development program pursuant to Chapter 380 of the Local Government Code to bring professional ional ice hockey to the Lubbock Municipal Coliseum; and WHEREAS, the Western Professional Ice Hockey League has agreed to bring a professional ice hockey team to Lubbock for an initial five-year period; and WHEREAS, said professional ice hockey program will promote local economic development and stimulate business and commercial activity in Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby establishes an economic development program of the City of Lubbock pursuant to Chapter 380 of the Local Government Code for professional ice hockey to be played at the Lubbock Municipal Coliseum in order to promote local economic development and stimulate business and commercial activity in Lubbock. SECTION 2. 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 the Western Professional Hockey League, Inc., a Texas corporation, and South Plains Professional Hockey Club, Ltd. for the lease of the Lubbock Municipal Coliseum for professional ice hockey, which Lease Agreement is attached hereto and which shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 12th day of November, 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 Lease Agreement is filed with Resolution No. 6087. Over the past two years Civic Centers staff has been working primarily with the Western Professional Hockey League (WPHL) to bring ice hockey to Lubbock, Texas. With the growing popularity of hockey in the South, Lubbock has always been at the top of the list for a potential hockey franchise. 352 Regular City Council Meeting November 12, 1998 Page 353 The WPHL formed in February 1995, initially targeting ten markets. All ten targeted markets were supportive of the concept of having professional ice hockey in their communities. These ten markets were non-traditional areas where a winter identity was lacking. Additionally, the population centers targeted were population bases of 200,000 to 1,000,000 with facilities having seating capacities of at least 6,000 and some reaching as high as 10,000 seats. Lubbock's market base is 450,000 to 500,000 and the Lubbock Municipal Coliseum has a fixed seating capacity of 7,209. In addition to the population and seating criteria, the WPHL also considered pre-existing rivalries to aid in the development of cities nurturing a competitive spirit against one another. Lubbock fits these criteria with its natural rivalries with the area West Texas cities. The WPHL feels that Lubbock, due to its geographic location, is key to the continued success of the League. Since its inception in 1996, the league has grown to 12 teams, playing in Texas and New Mexico cities. The league now has teams in Louisiana and plans to add teams in Mississippi, Tennessee, and Colorado to their list of states. In 1999-2000, Lubbock is in a position to be added to that growing list of teams. Talk of bringing hockey to Lubbock and negotiations have been going on since 1996. The perceived incompatibility of having hockey and basketball in the same facility coupled with the uncertainty associated with the disposition of the Coliseum brought the negotiations to a stalemate. However, now it seems that the Coliseum will remain intact for at least the next five years. With this in mind, staff worked to solidify terms with the hockey representatives to bring hockey to Lubbock. The hockey representatives with whom staff interfaced were Mark Adams, currently the Vice President with the Amarillo Rattlers and General Partner of the South Plains Professional Hockey Club, Ltd.; Barry Bergstrom, Director of Franchise Development with the WPHL League office; and Rick Kozuback, Founder and President of the WPHL. The agreement has been structured to allow the WPHL to recoup their major capital investment in the Coliseum, expected to be approximately $1 million. The key provisions of the agreement are as follows: 1. The initial term is for five years with a potential to renew the contract for an additional five-year term if a facility is available for them to play in at that time. 2. Hockey will receive game rent credits for the first five years of the contract or until their investments are recouped, whichever comes first. At the end of the five- year commitment, the terms will be re -negotiated. 3. Hockey will be allowed to retain 100 % of their merchandising sales. 4. Hockey will administer a parking fee for their events only on the coliseum/auditorium lot and share in the net revenues. The City's share will be 50%. The City recently began offering preferred parking at $3.00 per space. 353 Regular City Council Meeting November 12, 1998 Page 354 5. Through Select -a -Seat, the City will retain their $0.75 per ticket service charge, up to a maximum of $120,000 per season, with all service charge revenue above $120,000 going to the hockey team. The City will also collect a 4 % commission from the hockey team for administering ticket sales through Select -a -Seat. There will be a minimum of 35 home games played. 6. WPHL will pay rent for other ice -related usage, such as practices, public skating and any youth hockey activities at $50/hour. 7. The City will retain 100% of their concession commission from Civic Lubbock, Inc. Every other city in the league shares their concession commission with hockey or allows hockey to operate the concessions. Because the profits from the concessions sold in the City's facilities will be utilized for public art and programs, we did not share in these revenues. This benefit adds to the positive impact hockey will have on Lubbock's quality of life. This arrangement places the City of Lubbock in a position to replace revenue that will be lost when the basketball teams move from the Coliseum to their new facility. Depending on the attendance at the hockey games, the City of Lubbock could generate revenues of up to a quarter of a million dollars per season. Aside from possibly providing the City of Lubbock organization as much as $250,000 annually, hockey will also introduce a new spectator/entertainment activity for over 100,000 people (based on at least 3,000 average attendance per game). The South Plains Professional Hockey Club, Ltd. is scheduled to open their season during the month of October, 1999. In scheduling their games, they will make every effort to not schedule a hockey game during a Texas Tech basketball game. Additionally, hockey will have an economic impact on the Lubbock community. When you consider hockey's operating budget which includes full time staff and player salaries, ice related utilities (electric and water), game related staffing, ice show crew community expenditures, facility revenues, gross food costs for 35 games, lodging for players, ice show materials, and staffing by local work force, the impact is well over $1.5 million annually. This does not include the additional sales tax that may be generated by the restaurants that will benefit from people going to eat before or after the event. The $1.5 million is the direct economic impact. A multiplier has not been attached to this figure. The WPHL did conduct an economic impact study for Texas cities. The study highlights the potential impact hockey may have on a given Texas community. A specific study on a Texas City has not yet been conducted. However, Lake Charles, Louisiana did conduct an economic impact study and determined that hockey was directly responsible for approximately $3.5 million in spending and 86 new full-time equivalent jobs during the 1997-98 season. They also concluded that the Ice Pirates generated approximately $200,000 in new sales tax revenue for the City of Lake Charles, and reduced the City's annual subsidy of the Lake Charles Civic Center by nearly $500,000. The study was conducted by 354 Regular City Council Meeting November 12, 1998 Page 355 Daryl V. Burckel, Ph.D., First National Bank Professor of Business Research, McNeese State University and Michael M. Kurth, Ph.D., Professor of Economics, McNeese State University. As the study by Lake Charles indicates, hockey can boost your local economy. By no means is it a panacea to economic development concerns, but it does add value to a community. The more successful franchises have had a long lead-time to prepare for their inaugural season. The season consists of 35 home games with a potential of additional pre -season and post -season games. The WPHL strongly believes that it will take one complete year to effectively put everything in place to operate a successful hockey franchise in a community. The rationale behind presenting this item to the City Council almost a year before the first inaugural hockey season stems from several operational issues that must be addressed and completed prior to kicking off a season. These issues include, but are not limited to, hiring staff (coach and general manager), purchasing and installing capital improvement items (dasher system and glass, installation of the ice floor and refrigeration equipment, acquisition of an ice re -surfacer [zamboni] and retrofitting the score clock). Furthermore, player uniforms and equipment will need to be purchased for the coming season (there are only two major manufacturers of hockey skates, two manufacturers of protective equipment, and only three major suppliers of hockey sticks). Other issues include setting up proper marketing plans, selling season tickets and securing advertisers, as well as making renovations to the existing dressing rooms and training coliseum staff on refrigeration and ice making requirements. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. The City of Lubbock, faced with the loss of its primary tenant, must look to replace a major revenue stream to continue to recover costs associated in operating the Municipal Coliseum. Hockey will assist in accomplishing this objective and will also provide another attraction for the citizens of Lubbock. With these factors in mind, staff recommended the Council authorize the Mayor to execute the agreement between the City of Lubbock and the Western Professional Hockey League and the South Plains Professional Hockey Club, Ltd. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 6087 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was absent from the dais. ELECTRIC UTILITIES (55.) Ordinance No. 9194A authorizing an Addendum to Ordinance No. 9194 of the City of Lubbock granting a franchise to Energas Company (first reading). 355 Regular City Council Meeting November 12, 1998 Page 356 ORDINANCE NO. 9194A ADDENDUM TO ORDINANCE ORDINANCE NO. 9194-A ADDENDUM TO ORDINANCE OF THE CITY OF LUBBOCK, TEXAS GRANTING TO ENERGAS COMPANY, A TEXAS CORPORATION WITH ITS PRINCIPAL OFFICE IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, THE RIGHT TO CONDUCT IN SAID CITY OF LUBBOCK THE BUSINESS OF ACQUIRING, MAINTAINING, INSTALLING AND OPERATING A GAS PIPELINE SYSTEM FOR THE TRANSMISSION AND DISTRIBUTION OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF LUBBOCK FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, AND THE RIGHT TO USE CERTAIN ADDITIONAL GROUNDS OF THE SAID CITY, AS DESCRIBED AND LIMITED HEREIN, FOR THE SAID PURPOSES; AND PRESCRIBING ADDITIONAL CONDITIONS, LIMITATIONS AND RESTRICTIONS UNDER WHICH SAID PRIVILEGES MAY BE EXERCISED. Energas is in the process of constructing a new gas line to transport gas to Lubbock Power and Light's new generation unit on Municipal Hill. The route selected for this gas line will cross a portion of Mackenzie Park. The original franchise granted to Energas in 1988 did not allow for crossing the park area. This addendum includes the area needed to construct the pipeline across a portion of the park. Three consecutive weekly newspaper notices will be required prior to final passage by the City Council. The second reading of this Addendum to Ordinance will be requested the first council meeting in December. Staff recommended that the Mayor and City Council approve the Addendum to Ordinance. Ed Bucy, Right -of -Way Agent, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 9194A as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. Councilmember Hernandez was absent from the dais. WATER UTILITIES (56.) Resolution No. 6106 authorizing the Mayor to execute an agreement between the Canadian River Municipal Water Authority and the City of Lubbock for the desalinization of the municipal water supply. RESOLUTION NO. 6106 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the Canadian River Municipal Water Authority for the public purpose of improving quality of the Municipal Water Supply, and any associated documents, attached hereto, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 356 Regular City Council Meeting November 12, 1998 Page 357 Passed by City Council this 12th day of November, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Agreement is filed with Resolution No. 6106. On April 25, 1991, the City Council approved a resolution that stated its intent to participate with other member cities of the Canadian River Municipal Water Authority (CRMWA) in the salinity control project. This project was designed to control artesian springs in the vicinity of Logan, New Mexico. In a 1984 United States Bureau of Reclamation study, these springs were identified as the major contributor of saline water to the Canadian River System. This project calls for controlling the salt problem by drilling wells into the artesian aquifer and disposing of the brine produced into deeper strata injection wells. By controlling this source, the salt content of Lake Meredith will gradually decrease over a period of several years. This will result in improved quality of the water delivered from Lake Meredith. The total cost of the desalinization project is now estimated to be $9.8 million. The United States Bureau of Reclamation has agreed to fund project design and construction oversight up to a maximum amount equal to one third of the total project cost. The Texas Water Development Board has agreed to provide funding matching the contribution of the United States Bureau of Reclamation up to a maximum amount of $3 million. The member cities of the CRMWA will share the project costs of approximately $3.6 million. Lubbock's share of the project costs would be approximately $1.5 million. In order to avoid finance costs associated with participating in the CRMWA bond issue for this project, the staff recommended that the City of Lubbock fund the $1.5 million from existing reserves. Terry Ellerbrook, Director of Water Utilities, presented staff comments. The desalinization project, as proposed, would serve to improve the quality of water available to Lubbock from Lake Meredith. Through the years reserve funds have been accumulated to fully fund Lubbock's portion of this project. In view of these considerations, staff recommended approval of this item. 357 Regular City Council Meeting November 12, 1998 Page 358 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 6106 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. Councilmember Hernandez was absent from the dais. BOARD APPOINTMENTS (57.) Consider four appointments to the Civic Lubbock, Inc. Board of Directors. This item was deleted. (58.) Appoint John McCracken to the Building Board of Appeals. The citizen referenced above was selected for service during the City Council Executive Session of October 22, 1998. He has been contacted and has agreed to serve. He will be replacing David Branson. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint John McCracken to the Building Board of Appeals. Motion carried: 5 Yeas, 0 Nays. Councilmember Ince had stepped away from the dais. Councilmember Hernandez was absent from the dais. 12:01 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:00 P. M. COUNCIL RECONVENED 1:00 P. M. COUNCIL ADJOURNED A There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 4 Yeas, 0 Nays. Mayor Sitton and Councilmembers Cooke, Hernandez, and Patterson were present when Council adjourned. WINDY SITTO1q, MAYOR Darnell, City Secretary Read and approved this #& T: Darnell, City Secretary day of Oteein , 1998. ylaltl '' h�ii WINDY SIT A OR 358