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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/10/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 10, 1998 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of December, 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 Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS No one appeared for citizen comments. 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 (Police Department); 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). 7:32 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Councilmember T. J. Patterson was absent. ( 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 (Police Department). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals Board of Electrical Examiners Community Development and Services Board Complete Count Committee Library Board Permit and License Appeal Board Public Transit Advisory Board (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 December 10, 1998 Page 388 9:33 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Councilmembers Victor Hernandez and T. J. Patterson were absent. ( 5.) Presentation on legislative support of photo -enforcement of red light violations by Anna Jenkin, Vice -Chair of Lubbock Citizens Traffic Commission. ( 6.) Presentation to discuss making Pampas Grass the official plant of the City of Lubbock by New Century Leadership. (7.) Presentation of performance to budget for FY 1997-98 by Anna Mosqueda, Director of Management Services. This item was deleted. 10:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson; Bob Cass, City Manager; Kaythie Darnell, City Secretary; and Don Vandiver, First Assistant City Attorney Absent: Councilmember Victor Hernandez, Councilmember T. J. Patterson, and Anita Burgess, City Attorney Mayor Sitton called the meeting to order at 10:30 A. M. and welcomed the members of Leadership Lubbock who were in attendance. ( 8.) Dr. Bob Sweeten, Lubbock View Christian Church, gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Civic Lubbock, Inc. Board of Directors Receiving: Wendell Davis CITIZEN APPEARANCES (10.) Presentation of a Breast Cancer plaque to the City of Lubbock's Health Education Team by Mayor Windy Sitton and Debra Forte, First Assistant City Manager. The Health Department's Health Education Team has been awarded $8,200 to provide Breast Cancer education to all women throughout Lubbock in 1999. Breast Cancer will strike 11,300 women in the State of Texas this year, and another 2,800 will die in Texas from Breast Cancer. The money will help fund the City of Lubbock's Chain of Prevention Campaign that targets all women, especially those women who are medically underserved. Mary Croyle accepted the plaque on behalf of the Health Education Team. KM Regular City Council Meeting December 10, 1999 Page 389 Iresema Velasquez appeared on behalf of Southwestern Bell's Safe Connections program for children and presented a check in the amount of $5,000 to the City of Lubbock for Santa Land. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. CONSENT AGENDA (Items No. 11 - 30) Motion was made by Councilmember McDougal, seconded by Councilmember Cooke to approve all items on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of November 12, 1998; the Regular City Council Meeting of November 19, 1998; and the Special City Council Meeting of November 25, 1998. (12.) Ordinance No. 9194A authorizing an addendum to Ordinance No. 9194A of the City of Lubbock granting a franchise to Energas Company (second and final reading). ADDENDUM TO ORDINANCE ORDINANCE NO. 9194A 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. (13.) Ordinance No. 10121 amending Ordinance No. 9781 of the City of Lubbock, which ordinance provided particulars of a deferred compensation plan for City employees, and modifying said ordinance to conform to federal and state law (second and final reading). ORDINANCE NO. 10121 AN ORDINANCE AMENDING ORDINANCE NO. 9781 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID ORDINANCE TO CONFORM TO FEDERAL AND STATE LAW. (14.) Ordinance No. 10122 abandoning and closing a portion of Avenue Q in Section 10, Block B, Lubbock County, and a 7.5-foot portion of an alley located in Tract 10 of the Stubbs Subdivision (3505 Avenue Q) (second and final reading). :• Regular City Council Meeting December 10, 1998 Page 390 ORDINANCE NO. 10122 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AVENUE Q RIGHT-OF-WAY RECORDED IN VOLUME 536, PAGE 42, DEED RECORDS OF LUBBOCK COUNTY, TEXAS LOCATED IN SECTION 10, BLOCK B, LUBBOCK COUNTY TEXAS, AND A PORTION OF AN ALLEY DEDICATION RECORDED IN VOLUME 449, PAGE 114 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS LOCATED IN TRACT 10 OF THE STUBBS SUBDIVISION 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. (15.) Ordinance No. 10123 - Zone Case No. 2831 (South of 105th Street between University and Elgin): Request of Burl Masters (for Excel Development) for zoning change from T to R-1 Specific Use on 42.55 acres of land out of Section 20, Block E-2 (second and final reading). ORDINANCE NO. 10123 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2831; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON 42.55 ACRES OF LAND OUT OF SECTION 20, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10124 abandoning and closing a portion of a 20-foot underground utility easement and garbage service collection easement in the Crown Pointe Addition to the City of Lubbock (4201 84th Street) (first reading). ORDINANCE NO. 10124 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A TWENTY FOOT UNDERGROUND UTILITY EASEMENT AND GARBAGE SERVICE COLLECTION EASEMENT DEDICATED BY PLAT AND BY UNDERGROUND UTILITY EASEMENT RECORDED IN VOLUME 3287 PAGE 18 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS LOCATED IN THE CROWN POINTE 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. The engineering firm of Parkhill, Smith, & Cooper (PSC) is planning to construct a new office building at the southeast corner of 84th Street and Peoria Avenue. An underground utility and garbage service easement runs through Lots 3, 4, and 5 and Tracts E, F, and G of the Crown Pointe Addition, and PSC desires that this easement be closed. There will be no charge for the easement area being closed since it was dedicated originally by plat and also a new easement area will be dedicated to replace a portion of the old easement being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. 390 Regular City Council Meeting December 10, 1998 Page 391 (17.) Resolution No. 6117 authorizing the Mayor to execute a contract between the City of Lubbock and James C. Ward to provide management services. RESOLUTION NO. 6117 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 Project Management Contract and any associated documents, between the City of Lubbock and James C. Ward, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 6117. New land development and increased changeovers from Southwestern Public Service have resulted in unprecedented growth of the LP&L electric distribution system. This growth has placed a great demand on the Engineering Section of LP&L. Two years ago, when an early retirement incentive was offered to eligible employees, James C. (Chris) Ward, an LP&L Senior Electrical Engineering Project Coordinator, accepted the incentive. Chris, an employee of the Electric Distribution Engineering section for 29 years, was a key employee in the Engineering Section and handled many critical projects at the time. In order to keep projects moving, Chris agreed to continue his employment as a part-time employee. The Texas Municipal Retirement System rules prevent an employee from working for a former employer for more than 1000 hours per year. Since Chris's retirement, the workload in the engineering department has continued to increase. In an effort to obtain an immediate increase in the Engineering Section workforce, an expanded level project was approved in the 1998-99 budget to convert Chris from a part-time City of Lubbock employee to a full-time contract employee. This contract will allow Chris to continue his former duties on a full- time basis without violating the conditions for his TMRS benefits. This 391 Regular City Council Meeting December 10, 1998 Page 392 contract will also provide immediate relief to the LP&L engineering section in the form of a fully trained, experienced and qualified individual. A significant portion of the current engineering section's backlog represents new loads and revenues from Southwestern Public Service customers wanting to switch to LP&L. The sooner that these customers can be switched over, the sooner the revenues will begin to flow. The most readily available source of manpower is Chris Ward with his vast experience and intimate knowledge of the LP&L system, policies and resources. Staff recommended approval of the resolution authorizing the Mayor to execute this contract. (18.) Resolution No. 6118 authorizing the Mayor to execute a contract between the City of Lubbock and Plains Cooperative Oil Mill to acquire electric facilities. RESOLUTION NO. 6118 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 of Sale with Plains Cooperative Oil Mill, Inc., for the purchase of a 12,470 volt electric distribution system, which 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 loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract of Sale is filed with Resolution No. 6118. Plains Cooperative Oil Mill (PCOM) presently owns and operates a high voltage electric distribution system within their facility located at 34th Street and Avenue A. These facilities consist of approximately two miles of underground high voltage cables and conduits, 35 manholes, 32 transformers, and other related equipment. Lubbock Power and Light supplies PCOM with wholesale electric power that is distributed to the 0% Regular City Council Meeting December 10, 1998 Page 393 various plant facilities through PCOM's distribution system. This distribution system has been designed to LP&L construction standards and has been maintained by LP&L since the system's construction in 1987. Under this arrangement, LP&L was reimbursed for all labor and materials expended in the maintenance operation. PCOM has always been responsible for the day-to-day operation and construction of the system. Changes in OSHA's industrial safety rules over the last few years have placed an ever-increasing emphasis on electrical safety. While PCOM finds that they are well staffed and trained to handle their core business of designing, constructing and operating a cotton seed oil mill, the demands of maintaining a qualified and trained staff to operate the high voltage systems are becoming increasingly difficult. When PCOM began construction of their new oil mill at East 50th Street and Guava Avenue, they elected not to construct their own high voltage system at this site. LP&L furnished and installed all of the necessary cables, conduits and transformers necessary to service this new plant. On the other hand, while LP&L is obviously staffed and equipped to maintain such a system, possible deregulation of the electric utility business brings with it the threat of losing large industrial customers to competitors if they do so at a lower price. In discussions with PCOM, a plan was developed which will yield benefits to both PCOM and LP&L. Under the proposed contract, PCOM will transfer ownership of their existing underground high voltage distribution system to LP&L at no cost to LP&L. In turn LP&L will assume the operation and maintenance responsibilities for the system. This arrangement frees up PCOM to concentrate on their core business and, most importantly, LP&L assumes title and control of these electric facilities, which strengthens LP&L's position in a deregulated utility environment. A competitor seeking to acquire the PCOM business that has to transport their electricity to PCOM through LP&L's system will do so for a fee. Staff recommended approval of the resolution authorizing the Mayor to execute this contract. (19.) Resolution No. 6119 authorizing the Mayor to execute an operating agreement with Ford Motor Company for warranty service. RESOLUTION NO. 6119 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 Operating Agreement, and associated documents, with Ford Motor Company authorizing City of Lubbock Fleet Services, to perform new vehicle preparation and conditioning, and Ford warranty repairs on Ford -built cars and light trucks belonging to the City of Lubbock. 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. 393 Regular City Council Meeting December 10, 1998 Page 394 Passed by City Council this 10th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Operating Agreement is filed with Resolution No. 6119. As part of the on -going effort to provide high quality service and reduce fleet operating and maintenance costs to City departments, the Fleet Services Department will become an approved warranty repair facility for Ford Motor Company. The Fleet Services Department will start performing warranty repairs for vehicles owned by the City and manufactured by Ford Motor Company at the City owned repair facility. This will help reduce downtime to the user department as well as provide an outside revenue source for Fleet Services Department. Although Fleet Services will still have the option of using outside local vendors for warranty repairs if necessary, the majority of warranty repairs can be performed in house. The warranty service work will be handled with the same level of authorized staff as a result of a focused effort in the past year on improving productivity. Ford Motor Company will reimburse the City at a labor rate of $33 per hour and a 20% markup of all parts used in warranty related repairs. Along with the Fleet Services Department becoming an In -House Warranty Station, it will also become an authorized Pre -Delivery Service facility at a labor rate of $33 per hour. This will help expedite the delivery of new vehicles to user departments. In addition to the decrease in downtime for user departments, staff estimates approximately $30,000 of additional revenue in the first year. Staff recommended approval. (20.) Resolution No. 6120 authorizing the Mayor to execute an operating agreement with General Motors Company for warranty service. 394 Regular City Council Meeting December 10, 1998 Page 395 RESOLUTION NO. 6120 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 Operating Agreement with North American Operations -Consolidated Fleet Service Operations, General Motors Corporation, and associated documents, authorizing City of Lubbock Fleet _ Services to perform new vehicle receiving and predelivery inspections and warranty adjustments on vehicles belonging to the City of Lubbock. 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 loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Operating Agreement is filed with Resolution No. 6120. As part of an on -going effort to provide high quality service and reduce fleet operating and maintenance costs to City departments, the Fleet Services Department will become an approved warranty repair facility for General Motors Company. The Fleet Services Department will perform warranty repairs for vehicles owned by the City and manufactured by General Motors Company at the City owned repair facility. This will help reduce downtime to the user departments as well as provide an outside revenue source for Fleet Services. Although Fleet Services will still have the option of using outside local vendors for warranty repairs if necessary, the majority of warranty repairs will be performed in house. The warranty service work will be handled with the same level of authorized staff as a result of a focused effort in the past year on improving productivity. General Motors Company reimburse the City of Lubbock Fleet Services Department at labor rate of $33.70 per hour and a 40% markup of all parts used in warranty related repairs. Along with the Fleet Services Department becoming an In -House Warranty Station, it will also become an authorized Pre -Delivery Service facility at a labor rate of $33.70 per hour. This will help expedite the delivery of new vehicles to user 395 Regular City Council Meeting December 10, 1998 Page 396 departments. In addition to the projected decrease in down time for user departments, staff estimates approximately $35,000 of additional revenue in the first year. Staff recommended approval. (21.) Resolution No. 6121 authorizing acceptance of water and sanitary sewer Improvements for Lots 130-193, Oak Terrace Addition to the City of Lubbock, Lubbock County, Texas. RESOLUTION NO. 6121 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 130-193, OAK TERRACE ADDITION, TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 130-193, Oak Terrace 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 $87,279.37 with the improvements constructed by Utility Contractors of America having a value of $62,471.90 as determined by the unit prices established by said Chapter 28, and $24,807.47 cash paid to the City, which amount includes $22,859.92 cash for adjacent lines, with Truett Craft of Craft Development Corp., the developer, to receive a refund of $26,809.22 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 $26,809.22 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. 396 Regular City Council Meeting December 10, 1998 Page 397 Passed by City Council this loth day of December, 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 $62,471.90 as determined by the unit prices established by Chapter 28. The developer, Craft Development Company, will receive a refund of $26,809.22 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 96th Street and Avenue W. Staff recommended acceptance of the improvements. (22.) Consider and vote on approving the acceptance of a donated house presently located in Slide, Texas, to be moved and used as a permanent match to the HOME program for affordable housing. Mr. and Mrs. Don Dorsett wish to donate a house currently located at RR 6, Box 600H, Slide, Texas, legally described as Block 20, Section 30, AB 1542, TR C2 AC: 4.25 Situs: Lubbock Cooper ISD, Lubbock County, Texas, as a permanent match to the HOME program to further affordable housing in Lubbock. The home was originally two houses. It will be moved to two locations, 3202 Teak and 3204 Teak, rehabbed and sold to two eligible homebuyers. The house has passed environmental clearance. Under the HOME Entitlement Program, the City is required to provide a 12.5 % match of the yearly entitlement amount, less administrative fees, per year. For 1998-99, the required match is $115,475. In -kind donations are eligible forms of match for the HOME Program. The assessed value and eligible match allowance of the house is $71,631. Staff recommended acceptance of the house for HOME match. (23.) Resolution No. 6122/RFP #98167--Employment Physical Examina- tions and Drug/Alcohol Screening (Human Resources) 397 Regular City Council Meeting December 10, 1998 Page 398 RESOLUTION NO. 6122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for physical examinations and drug and alcohol screening services by and between the City of Lubbock and Covenant Health System, a ministry of St. Mary Hospital and Lubbock Methodist Hospital System, attached hereto, and 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 loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews Director of Human Resources APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6122. This contract provides for physical examinations for pre -placement job applicants and promotional candidates, and drug and alcohol screening services to the City. The service provider will perform drug screening of pre -placement job applicants, employees who seek promotions, employees who must comply with the Omnibus Transportation Employee Testing Act of 1991, and employees whose behavior on the job gives rise to a reasonable suspicion that drug usage is a problem. The service provider shall also perform physical examinations for pre -placement job applicants and promotional candidates, consultations, on -site visits and expert witness testimony. Employment Physical Examinations: The City of Lubbock requires pre -placement or promotional physical examinations for both Non -Civil Service and Civil Service job categories. The purpose of the examination is to ensure that an employee's physical abilities are matched to a job that he/she is capable of performing safely without undue risk of injury to the employee or co-workers. The task of matching a person's capabilities to the appropriate job or job modifications can be a complicated task which requires special knowledge of the workplace environment. Approximately 200-250 Non -Civil Service and 100-150 Civil Service applicants/employees will require physicals each year. W1.11 Regular City Council Meeting December 10, 1998 Page 399 The following firms submitted proposals: 1. CompreHealth Medical Center Lubbock, Texas 2. Covenant Health System Lubbock, Texas 3. Physicians Network Services Lubbock, Texas 4. Allied Compliance Lubbock, Texas 5. Occupational Medicine Lubbock, Texas 6. Highland Health Care Lubbock, Texas 7. Michael Cunningham Lubbock, Texas Five City employees comprised the evaluation committee. The proposals were evaluated based on the following criteria: 1. Qualifications and expertise of firm 15 % 2. Experience of staff assigned to project 15 % 3. Intake and examination procedures 20 % 4. Amount of time spent on work related physicals 20 % 5. Firm's ability to provide expert witness testimony 10% 6. References 10 % 7. Cost 10 % After the initial rating process, it was determined that site visits were necessary to further evaluate the three highest ranked firms: Covenant Health System, Physicians Network Services, and Texas Tech Occupational Medicine Center. During the site visits, proposers were evaluated on the following criteria: 1. Americans with Disability Act (ADA) Compliance 20% 2. Demonstrated Intake Procedures 20 % 3. Demonstrated Occupational Health Examination Procedures 20 % 4. Demonstrated Reporting and Follow-up Procedures 20 % 5. Proposal Justifies All Cost 20 % Upon completion of the site visits, Covenant Health System received the highest overall ranking. It is the position of the evaluation committee that Covenant Health System can provide quality service at a lower overall cost to the City. Drug/Alcohol Screening: The City of Lubbock requires pre -placement drug/alcohol screening on all employment positions. In addition, drug screens are also required prior to the promotion of any employee. The City of Lubbock requires drug/alcohol screening for approximately 600 applicants/employees each year, and the Texas Department of Transportation requires 150 to 200. The following firms submitted proposals: 1. Drug Screen Compliance Lubbock, Texas 2. CompreHealth Medical Center Lubbock, Texas 3. Covenant Health System Lubbock, Texas 4. Physicians Network Services Lubbock, Texas 5. Allied Compliance Lubbock, Texas 6. Occupational Medicine Lubbock, Texas 7. Per Square Inc Lubbock, Texas 8. Highland Health Care Lubbock, Texas 399 Regular City Council Meeting December 10, 1998 Page 400 Five City employees comprised the evaluation committee. The proposals were evaluated based on the following criteria: 1. Qualifications and expertise of firm 15.00 % 2. Experience of staff assigned to project 15.00 % 3. Initial screening and confirmation process 13.33 % 4. Collection and handling process 13.33 % 5. Processed by NIDA Certified Lab 13.33 % 6. Firm's ability to provide expert witness testimony 10.00% 7. References 10.00 % 8. Cost 10.00 % After the initial rating process, it was determined that site visits were necessary to further evaluate the four highest ranked firms: Covenant Health System, Physicians Network Services, Allied Compliance and Texas Tech Occupational Medicine Center. During the site visits, proposers were evaluated on the following criteria: 1. Americans with Disability Act (ADA) Compliance 20% 2. Demonstrated Intake Procedures 20% 3. Demonstrated Collection, Storage, Shipping and Receiving 20% 4. Demonstrated Reporting Procedures for Positive and Negative Results 20% 5. Proposal Justifies All Cost 20% Upon completion of the site visits, Covenant Health System received the highest overall ranking. It is the position of the evaluation committee that Covenant Health System can provide quality service at a lower overall cost to the City. As a result, the evaluation committee recommended Covenant Health System be awarded a contract for Employment Physical Examinations and Drug/Alcohol Screening. (24.) Resolution No. 6123/Bid #98215--1997 Paving Assessment Program (Street Drainage Engineering) RESOLUTION NO. 6123 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 1997 Paving Assessment Program, by and between the City of Lubbock and Williams & Peters 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. 400 Regular City Council Meeting December 10, 1998 Page 401 Passed by City Council this loth day of December, 1998. ATTEST: _/s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney Is/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of December, 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 Williams & Peters 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 #98215 - 1997 PAVING ASSESSMENT PROGRAM - $110,932.50 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. 401 Regular City Council Meeting December 10, 1998 Page 402 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Betty L. Williams (25.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Williams & Peters Construction, Inc. By: /s/ Dean Williams PRINTED NAME: Dean Williams TITLE: President COMPLETE ADDRESS: Williams & Peters Construction, Inc. P. O. Box 3907 Lubbock, Texas 79452 This project consists of paving improvements at three locations: 1) Harvard Street from Ash Avenue to Birch Avenue, 2) the east -west north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street, and 3) the north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Avenue. The first paving improvement is the construction of curb and gutter and asphalt pavement. This improvement is being constructed at the request of the Street Department to control a longstanding drainage and erosion problem. Adjacent property owners will pay a portion of the construction at this location. The anticipated impact on this improvement will be to decrease street maintenance costs. The second paving improv.cm:nt is the installation of a concrete alley pavement. Adjacent property owners will pay the majority of the construction costs at this location. The third paving improvement is the installation of a concrete alley pavement. Adjacent property owners will pay the majority of the construction costs at this location. Sufficient funds are available within the Street Capital Project Fund to cover the City's cost of this project. As mentioned above, a portion of the assessment costs are reimbursed by the property owners. The low bid is $110,932.50 from Williams & Peters Construction, Inc. of Lubbock, Texas. Bid #98221--Paratransit Vehicle (Transit) 402 Regular City Council Meeting December 10, 1998 Page 403 This bid is for the purchase of three paratransit vehicles that will play a vital role in the Citibus Demand Response Service. These vehicles will give Citibus flexibility in scheduling and service and allow for a more efficient transit system. The Citibus budget amount is $277,500. Citibus will fund $50,647.20 and the Federal Transit Authority will fund $202,588.80. The low bid is $253,236 from Lasseter Bus & Mobility of Lewisville, Texas. (26.) Resolution No. 6124/RFP #98222--Buddy Holly Exhibit (Cultural Arts Services) RESOLUTION NO. 6124 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 with INTERNATIONAL MUSEUM CORPORATION, d/b/a SOUTHWEST MUSEUM SERVICES, for the fabrication and installation of a permanent Exhibit at the Buddy Holly Center, which Agreement is attached hereto and 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 10th day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Manager Cultural Arts Services APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6124. This contract is for the fabrication and installation of a permanent exhibit at the Buddy Holly Center. The Lubbock Center for the Arts budget amount for this project is $250,000. One proposal was received from Southwest Museum Services of Houston, Texas. An evaluation committee reviewed the proposal using the following criteria: 1. Ability, qualifications and resources of proposer to provide all components of program and meet deadlines. Regular City Council Meeting December 10, 1998 Page 404 Southwest Museum Services has approximately thirty professional stay`' members with a wide variety of skilled historians, case designers, graphics designers, and experienced shop personnel capable of fabricating and installing case work and graphics for the Buddy Holly Center. Their personnel possess the museum background, education and experience in the presentation of artifacts and relevant issues of environmental controls. Previous projects of a similar nature include exhibit work done for the Dr. Pepper Museum, Waco; the Strecker Museum, Baylor University; and the Roanoke Island Festival Park. 2. Demonstration of proposer's qualifications in the fabrication and installation of exhibition casework and fiber optic lighting. Southwest Museum Services has successfully fabricated and installed museum components varying from simple wall panels to elegant artifact enclosures to period fafades and elaborate dioramas. They are equipped to deliver custom exhibition casework and case lighting systems for the presentation of the permanent collection. Similar projects that they have completed include the Gregg County Historical Museum Architecture in Texas Exhibit and the presentation of artifacts for the Port Isabel Museum. 3. Demonstration of proposer's qualifications in designing and producing text panels, graphics and signage. Southwest Museum Services has designed, produced and installed continuous murals in excess of ten by thirty feet. They have the staff and equipment needed to meet the specifications required to design and produce the graphics for timelines and graphics for the Buddy Holly exhibit casework. 4. Demonstration of proposer's qualifications in authoring educational interactive computer programs. Due to the complexity of the design and production of the interactive computer programs required for the Buddy Holly exhibit and the failure of Southwest Museum Services to demonstrate an experience with comparable projects, this item has been deleted. A design and production team for this component will be assembled from music historians and designers with extensive experience authoring educational and interactive computer programs. 5. Proposed compensation. Total compensation for the project is $233, 800. Southwest Museum Services is familiar with all aspects of the design work, fabrication and installation of the permanent exhibit for the Buddy Holly Center. They are prepared to meet deadlines critical to the grand opening of the Center on September 3, 1999. The project personnel are fully qualified and possess the experience necessary to provide the scope of services that are required of them. Staff recommended that a contract be awarded to Southwest Museum Services for the Buddy Holly permanent exhibit. 404 Regular City Council Meeting December 10, 1998 Page 405 (27.) Resolution No. 6125/Bid #98231--Furnish and Install Video Camera Monitoring System (Water Reclamation) RESOLUTION NO. 6125 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 furnish and install video camera monitoring system, by and between the City of Lubbock and Lubbock Audio Visual, 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. Passed by City Council this loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 10th day of December, 1998, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Audio Visual, 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 #98231 - FURNISH & INSTALL VIDEO CAMERA MONITORING SYSTEM - $64,500.80 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 405 Regular City Council Meeting December 10, 1998 Page 406 accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Richard Craig 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: Lubbock Audio Visual, Inc. By: /s/ Brian Wagnon PRINTED NAME: Brian Wagnon TITLE: Account Manager COMPLETE ADDRESS: Lubbock Audio Visual, Inc. 2120 Avenue Q Lubbock, Texas 79405 This project is for the installation of a video camera monitoring system that will increase the security of the Water Reclamation Plant and plant personnel by having better controlled access to the facility. Due to the many open tanks and hazardous locations on site there is a need to be able to view the complete site for the City of Lubbock's protection and for the protection and safety of employees. At times, there are only two employees on duty. By having the video system, the operators can scan the complete site and be able to keep sight of an operator that is out making rounds. The Wastewater Treatment Plant Safety and Repairs budget amount is $88,000. The low bid is $64,500 from Lubbock Audio Visual, Inc, of Lubbock, Texas. (28.) Bid #98239--Bicycle Racks (Transit) This bid is for the purchase of forty-eight bicycle racks to be used by Citibus in transporting bicyclists to and from work, places of business, school, appointments, and other necessary tasks. The racks will be used to allow bicyclists the opportunity to use Fixed Route Service throughout Regular City Council Meeting December 10, 1998 Page 407 the City of Lubbock. Equipping the Citibus fleet with bicycle racks may also increase ridership. The purchase of this equipment is essential to the improved operations of the transit system operation. Having an efficient number of racks on vehicles makes for improved customer service and safety on vehicles. Currently, operators have to deny bicyclists the opportunity to board provided the occupancy of the vehicle will not allow for additional riders. Thus, potential patrons of the Citibus transit system and the City of Lubbock lose an invaluable service. The Citibus budget amount is $29,800. Citibus will fund $2,548.80 and the Federal Transit Authority will fund $22,939.20. The low bid is $25,488 from Sportworks NW, Inc. of Woodinville, Washington. (29.) Bid #98241--Security Lighting Materials, Annual Pricing (Park Development) This bid is for the purchase of 152 security light fixtures, 124 mounting brackets, and 22 poles. Due to the age and condition of some of the security lighting throughout the park system, replacement of fixtures and light poles is recommended. Security lighting enhances the quality of life for the citizens of Lubbock by providing a safe environment in the parks. The Capital System Outlay -Park System Improvements budget amount is $45,000. The low bids shown on the tabsheet were from the following companies: Nunn Electric Supply of Lubbock $39,902.16 Graybar Electric of Lubbock 1,562.40 (30.) Bid #98242--Tables and Chairs (Various Departments) This bid is for the purchase of tables used in the day-to-day operation of the Civic Center and Auditorium/Coliseum for events and for the purchase of tables and chairs used in the Senior Centers, Community Centers and Party Houses. Existing tables are old and in disrepair while existing chairs are in extremely poor condition. This new equipment will provide comfortable seating for our seniors and durable lightweight tables to be used at all centers and party houses. The Civic Center Renovation -Equipment Capital Outlay budget amount is $23,550 and the Indoor/Outdoor Recreation -Equipment Capital Outlay budget amount is $32,500. The low bids shown on the tabsheet were from the following companies: Virco Manufacturing Corp. of Conway, AR $30,091.05 Mity-Lite, Inc. of Orem, UT 19,890.00 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. 407 Regular City Council Meeting December 10, 1998 Page 408 REGULAR AGENDA CIVIC SERVICES (31.) Resolution No. 6126 authorizing the Mayor to execute a coliseum advertising display agreement between the City of Lubbock and the South Plains Hockey Club, Ltd. RESOLUTION NO. 6126 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 Coliseum Advertising Display Agreement by and between the City of Lubbock and South Plains Professional Hockey Club, Ltd., a Texas limited partnership, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 10th day of December, 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 Agreement is filed with Resolution No. 6126. On November 12, 1998, Council approved a hockey agreement between the City of Lubbock and the Western Professional Hockey League (WPHL) and the South Plains Hockey Club, Ltd. The agreement was structured to allow the WPHL to recoup their capital investment in the Coliseum. The investment is expected to be approximately $1 million. The agreement also 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. The coliseum advertising agreement is structured in the same spirit of partnership as the hockey contract between the City of Lubbock and the WPHL and the South Plains Professional Hockey Club (SPPHC) Ltd. The contract allows SPPHC to sell advertising in the Municipal Coliseum for temporary and permanent display advertising signage. SPPHC will share in the advertising commissions with the City of Lubbock. Regular City Council Meeting December 10, 1998 Page 409 The City of Lubbock will collect 10% commissions from temporary signage and 50% commissions from permanent signage. Lubbock is the only city of all the WPHL franchises that will collect a commission percentage of the hockey team's temporary signage. By collecting these percentages, it provides an opportunity to maintain current level of advertising dollars. The Municipal Coliseum currently receives approximately $50,000 in advertising revenue. With the departure of basketball, it stands to lose a majority of advertising revenue that in all likelihood will abandon the Coliseum. So, by outsourcing the sale of advertising for the Municipal Coliseum, the city is placing itself in a position to replace advertising revenue it would have otherwise lost. Also, by having a sole source provider for this service, there is no competition for the same advertising dollar between the City of Lubbock and SPPHC. In addition, SPPHC will be given an opportunity to secure corporate sponsorships for facility naming rights. If successful, the City of Lubbock could stand to gain additional advertising dollars that it has not had in the past. Equally important, city staff will be able to allocate more time to marketing the Civic Center for additional events in this facility. The key provisions in the advertising contract include the following: 1. Term becomes effective upon execution by both parties. All advertising agreements between the City and the current advertisers that are in place upon execution of this agreement shall remain in effect until the end of the 1998/99 basketball season or until those agreements come up for renewal. 2. It is understood and agreed by both parties that SPPHC will honor all existing advertising contracts by giving advertisers first right of refusal on advertising space currently in place. 3. The City shall receive a 10% annual commission from the cash revenues derived from the sales of all temporary signage sold by SPPHC. The calculation of the City's 10% commission shall be after deductions for initial documented cost to produce the signage and SPPHC's 10% employee commission. 4. The City shall receive a 50% annual commission from the cash revenues derived from the sales of all permanent or year-round signage sold by SPPHC. The Company shall not sell space for less than the present rate established by the City. The calculation of the City's 50% commission shall be after exclusion of SPPHC's initial documented cost to produce and install the signage and SPPHC's 10% employee commission. 5. The City authorizes SPPHC to solicit "naming rights" sponsorships for the Coliseum for a period of 180 days from the execution date of this agreement. Should the Company be successful, the City of Lubbock will have full approval prior to Company entering into an agreement with any sponsors and any revenues would be shared as follows: ,R Regular City Council Meeting December 10, 1998 Page 410 a. Up to $500,000, 80 % to City, 20 % to Company b. From $501,000 to $1,000,000, 75% to City, 25% to Company C. All over $1,000,001, 70% to City, 30% to Company 6. The City authorizes SPPHC to pursue the acquisition of an outdoor electronic message center through advertising sponsorships, subject to the approval by the City Administration and in accordance with the City of Lubbock sign ordinance. Approvals from Texas Tech University will also be required in accordance with the operating agreement currently in place between the City of Lubbock and Texas Tech University. The City of Lubbock and Company will share equally (50150) in the advertising sponsorships. 7. The Company shall develop and maintain a comprehensive advertising program totally integrated and coordinated as to design, quality and content for the Municipal Coliseum. 8. City will have the ability to negotiate and renew existing advertising contracts on the scoreboard and retain revenues of same. Should the City be unable to renew existing advertisers, then Company shall have the ability to sell advertising on the scoreboard. This agreement is the next logical step in launching a marketing plan to sell advertising that will be mutually beneficial to both the City of Lubbock and SPPHC. City staff continues to seek out new opportunities to recover costs, replace revenue streams or increase revenues. In this case, the city is seeking to replace an important revenue stream associate in operating the Municipal Coliseum. The advertising revenue stream may have otherwise been lost with the departure of basketball. By forming a partnership and sharing in revenues, both the City of Lubbock and South Plains Professional Hockey Club Ltd. stand to benefit from this agreement. With this in mind, staff recommended Council authorize the Mayor to execute a coliseum advertising display agreement between the City of Lubbock and the South Plains Hockey Club, Ltd. Tommy Gonzalez, Managing Director of Civic Services, presented staff comments. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6126 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (32.) Resolution No. 6127 approving and authorizing publication of (i) notice of intent to issue certificates of obligation, and (ii) notice of sale with respect to such certificates of obligation. RESOLUTION NO. 6127 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation, and (ii) notice of sale with respect to such certificates of obligation. 410 Regular City Council Meeting December 10, 1998 Page 411 WHEREAS, the City Council of the City of Lubbock, Texas has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A. Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, (ii) improvements and extensions to the City's Sewer System, and (iii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such certificates of obligation in accordance with the procedures set forth in the City's charter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $15,355,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Waterworks System, (ii) improvements and extensions to the City's Sewer System, and (iii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's Waterworks System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Passed by City Council this loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Copies of Exhibits "A" and "B" are filed with Resolution No. 6127. There are currently several bond financing needs in addition to an opportunity to refund outstanding general obligation debt to achieve interest savings. The construction proceeds needed include: $7,900,000 Water System Improvements ♦ Annexation Water System Improvements ♦ Phase II Southwest Lubbock water extension 411 Regular City Council Meeting December 10, 1998 Page 412 $7,250,000 Sewer System Improvements ♦ Annexation Sewer System Improvements ♦ Digester Repair City Council heard a work session briefing on October 22, 1998 regarding a proposed issuance of self-supporting certificates of obligation to meet the needs described above. Publication of notice of intent to issue the certificates and notice of sale is the next appropriate event in the chain of events that makes up the bond issuance. (The updated calendar was included in Council backup.) As City Council has directed staff to proceed with the bond issuance, staff recommended passage of this resolution to execute City Council's direction. Betsy Bucy, Managing Director of Finance, presented staff comments. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to pass Resolution No. 6127 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (33.) Resolution No. 6128 approving and authorizing publication of (i) notice of intent to issue revenue bonds, and (ii) notice of sale with respect to such revenue bonds. RESOLUTION NO. 6128 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue revenue bonds, and (ii) notice of sale with respect to such revenue bonds. WHEREAS, the City Council of the City of Lubbock, Texas has determined that revenue bonds should be issued in accordance with the provisions of Article 1111 et seq. and 2368a, V.A.T.C.S. to finance the costs of making improvements and extensions to the City's Electric Light and Power System; and WHEREAS, prior to the issuance of said revenue bonds, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such revenue bonds in accordance with the procedures set forth in the City's charter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue revenue bonds in the principal amount not to exceed $8,860,000 for the purpose of making improvements and extensions to the City's Electric Light and Power System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the revenue bonds. 412 Regular City Council Meeting December 10, 1998 Page 413 SECTION 2. The City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of revenue bonds to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Passed by City Council this loth day of December, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary Copies of Exhibit "A" and "B" are filed with Resolution No. 6128. There are currently several bond financing needs in addition to an opportunity to refund outstanding electric revenue bond debt to achieve interest savings. The financing needed includes: $8,700,000 Electric System Improvements ♦ LP&L Utility Billing System ♦ LP&L Intertie City Council heard a work session briefing on October 22, 1998 regarding a proposed issuance of debt financing to meet the needs described above. Publication of notice of intent to issue the revenue bonds and notice of sale is the next appropriate event in the chain of events that makes up the bond issuance. As City Council has directed staff to proceed with the bond issuance, staff recommended passage of this resolution to execute City Council's direction. Betsy Bucy, Managing Director of Finance, presented staff comments. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to pass Resolution No. 6128 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (34.) Consider one appointment to the West Texas Municipal Power Agency Board of Directors. Alex "Ty" Cooke's term expires December 1998. Mr. Cooke has served three terms. A copy of the current roster and other supporting documentation was included in Council backup. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Alex "Ty" Cooke to the West Texas Municipal Power Agency Board of Directors. Motion carried: 5 Yeas, 0 Nays. (35.) Consider one appointment to the Building Board of Appeals. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Marty Clecker to the Building Board of Appeals. Motion carried: 5 Yeas, 0 Nays. 413 Regular City Council Meeting December 10, 1998 Page 414 (36.) Consider four appointments to the Complete Count Committee. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Hank Dominguez, Hector Molina, Father Cornelio Ramirez, and Louis Trejo to the Complete Count Committee. Motion carried: 5 Yeas, 0 Nays. (37.) Consider two appointments to the Library Board. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Maria Fernandez and Paul Manning to the Library Board. Motion carried: 5 Yeas, 0 Nays. (38.) Consider one appointment to the Permit and License Appeal Board. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Bruce Thornton to the Permit and License Appeal Board. Motion carried: 5 Yeas, 0 Nays. (39.) Consider one appointment to the Structural Standards Commission. Motion was made by Councilmember Ince, seconded by Councilmember McDougal to appoint Doris Fletcher to the Structural Standards Commission. Motion carried: 5 Yeas, 0 Nays. 10:50 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 5 Yeas, 0 Nays. n i ATTEST: �6�JL Kaytl arnell, City Secretary Read and approved this I& day of A , City Secretary WINDY SITTON, MAYOR 414