HomeMy WebLinkAboutMinutes - City Council - Regular - 11/4/1999CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 4, 1999
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 4th
day of November, 1999, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:33 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, Councilmember David Nelson, and Councilmember
T. J. Patterson
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); and pending or contemplated
litigation (Environmental Inspection; Fire Department; Police
Department; Stormwater Utility).
7:33 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except for Councilmember Victor
Hernandez.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Environmental Inspection; Fire Department; Police
Department; Stormwater Utility).
9:40 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All council members were present except for Councilmember Victor
Hernandez.
( 3.) Report from Complete Count Committee by J. Robert Massengale,
Chair.
_ The Complete Count Committee has been and is in the process of
sponsoring a number of efforts to increase public awareness for the
upcoming Federal Census. Robert Massengale, Chair, reviewed the
objectives, projects, and the current budget status of the Committee.
City Council Meeting
November 4, 1999
Page 388
( 4.) Presentation of Fourth Quarter and Annual Investment Report by
Andy Burcham, Cash and Debt Manager, and Linda Patterson,
Investment Advisor, Patterson & Associates.
As required by the Public Funds Investment Act (PFIA) and the City's
Investment Policy, a presentation of the investment performance of the
City's funds must be presented to the City Council on a quarterly and
annual basis. This presentation highlighted how the City's investment
program has met all criteria of the PFIA. Linda Patterson, President of
Patterson & Associates, also provided summary information on the
City's investment performance and the current condition of the financial
markets.
No action was required on this item.
10:20 A. M. WORK SESSION RECESSED
10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember
Alex "Ty" Cooke, Councilmember Victor Hernandez,
Councilmember Marc McDougal, Councilmember David Nelson,
Councilmember T. J. Patterson; Debra Forte, First Assistant City
Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City
Secretary
Absent: Bob Cass, City Manager
Mayor Sitton called the meeting to order at 10:32 A. M.
( 5.) Dr. D. L. Lowrie, Pastor of First Baptist Church, gave the
invocation.
( 6.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
CITIZEN APPEARANCES
( 7.) Presentation of a special recognition and gift to Mrs. Gertie Jeter
and Mrs. Mary Ann Ince for their efforts in enhancing the interior
of the Municipal Coliseum.
Gertie Jeter currently serves as a member of the Civic Lubbock, Inc.
Board of Directors and is Secretary/Treasurer of that organization.
Civic Lubbock, Inc. is the non-profit organization that operates the
concessions in the Auditorium -Coliseum and Civic Center.
On her own initiative, Mrs. Jeter has volunteered countless hours in
assisting with the design and work to beautify the interior of the
Coliseum. Each year, the Coliseum staff does routine painting and
improvements. However, with the onset of a new primary tenant, it was
felt more exciting colors and designs could be used to really improve the
appearance. The prisoners from the Montford Unit, supervised by the
guards, provided the vast majority of the labor used to paint the facility,
and Mrs. Jeter worked hand -in -hand with the prison guards and City
staff on a day-to-day basis throughout the project. Mrs. Jeter spent
hours each day at the Coliseum making sure that the vision was
accomplished. Mrs. Jeter was ably assisted by Mary Ann Ince, who put
in many hours herself on this project.
City Council Meeting
November 4, 1999
Page 389
The Mayor, on behalf of the City of Lubbock, presented this special
recognition and gift to Gertie Jeter and Mary Ann Ince for their work on
supervising the Coliseum beautification project. Mrs. Jeter presented
copies of the project blueprints to Tommy Gonzalez, Director of Civic
Services, and Vickie Key, Civic Centers Manager. Kathy Whiteside,
project artist, was also present to accept a gift from the City.
(8.) Presentation of Municipal Treasurers' Association, United States and
Canada (MTA US&C) Certification of Investment Policy Award for
the City of Lubbock investment policy and investment strategy by
Linda Robinson, Cash and Debt Coordinator for the City of
Mesquite and past president of Government Treasurers of Texas.
The Municipal Treasurers' Association, United States and Canada (MTA
US&C) Certification of Investment Policy Award provides recognition to
cities that submit written investment policies meeting all of the criteria
promoted by MTA US&C for the sound management of investments.
The City was honored at MTA US&C's 34th Annual Conference in Salt
Lake City, Utah in August for meeting all criteria set forth in the
Investment Policy Certification Program. Of the policies received each
year for review, only two-thirds of the policies reviewed are accepted on
their first submission. The elements covered in the program include:
liquidity; selection and review of suitable investment instruments;
internal controls; reporting; portfolio diversification; custody and
safekeeping; selection of investment institution criteria; ethics; and
conflicts of interest.
The award is renewed every three years and must be submitted to the
MTA US&C's Investment Policy Review Team at that time. The City of
Lubbock Investment Policy and Investment Strategy was one of only 31
certifications awarded nationwide. Only slightly over 200 governments
have had their policies certified by the Association since the program
was developed in 1990. Lubbock is one of 25 governments in the State
of Texas to have its investment policy certified by MTA US&C. The
award was presented to the Mayor by Linda Robinson, who accepted on
behalf of the City. Mayor Sitton then recognized Betsy Bucy, Finance
Director, who introduced the Investment Review Committee members
instrumental in helping achieve this recognition: Anna Mosqueda,
Director of Management Services; Andy Burcham, Cash and Debt
Manager; Debra Forte, Deputy City Manager; and Robert Massengale
(not present).
CONSENT AGENDA (Items No. 9 - 22, 24 - 28)
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to approve all items on consent agenda as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(9.) Ordinance No. 10209—Zone Case No. 2860 (north of 19th Street and
east of Guava; Sun Lawn Addition: Blocks 1-8, Lots 1-20 each block,
Kelley Addition: Lots 1-56, Harlandale Addition: Lots 1-19, EC
Murray Addition: Block 7, Lots 1-24, Farris Colbert Addition: Lots
1-24, Buenas Casas Addition: Lots 1-20, Rix Addition: Block 1, Lots
1, 2, 3, 5, 6, Tracts 1-A, C, C-1, Block 4, Lots 1-8, Tracts A, B, E,
Block 6A, Lots 1-12, Block 6B, Lots 1-12): Request of the City of
Lubbock (for Thunderbird Neighborhood Association c/o Rosie
Montes) for a zoning change from R-1 to R-1 Specific Use for
manufactured, modular and site built homes located south of East
Broadway and east of Guava (second and final reading).
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November 4, 1999
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ORDINANCE NO. 10209
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2860; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR MANUFACTURED, MODULAR AND SITE BUILT
HOMES ON BLOCKS 1-8, LOTS 1-20 EACH BLOCK, SUN LAWN ADDITION;
LOTS 1-56, KELLEY ADDITION; LOTS 1-19, HARLANDALE ADDITION;
BLOCK 7, LOTS 1-24, EC MURRAY ADDITION; LOTS 1-24, FARRIS COLBERT
ADDITION; LOTS 1-20, BUENAS CASAS ADDITION; BLOCK 1, LOTS 1,2,3,5,6,
TRACTS 1-A,C,C-1, BLOCK 4, LOTS 1-8, TRACTS A,B,E, BLOCK 6A, LOTS 1-
12, BLOCK 613, LOTS 1-12, RIX ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(10.) Ordinance No. 10210—Zone Case No. 2861 (south of 4th Street and
west of Milwaukee): Request of Walter B. Mantooth for a zoning
change from R-1 to C-3 on a portion of land located in the northeast
quarter of Section 10, Block JS (second and final reading).
ORDINANCE NO. 10210
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2861; A ZONING CHANGE FROM R-1 TO C-3
ZONING ON A PORTION OF LAND LOCATED IN THE NORTHEAST
QUARTER OF SECTION 10, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(11.) Ordinance No. 10211—Zone Case No. 1917-D (north of 4th Street
and east of Frankford): Request of Rodney Warren (for SPSM Ltd.)
for a zoning change from C-3 to C4 Specific Use for mini -
warehouses on a portion of land out of Section 1, Block JS (second
and final reading).
ORDINANCE NO. 10211
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1917-D; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION OF LAND
OUT OF SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(12.) Ordinance No. 10212—Zone Case No. 2783-A (4640 34th Street):
Request of Doug Summers (for Automotive Service) to amend
conditions of Ordinance No. 9955 to allow muffler and brake repair
as a permitted use on Lot 8, Pounds Addition (second and final
reading).
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ORDINANCE NO. 10212
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2783-A; AMEND ORDINANCE NO. 9955 TO
ALLOW MUFFLER AND BRAKE REPAIR AS A PERMITTED USE ON LOT 8,
POUNDS ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(13.) Ordinance No. 10213—Zone Case No. 2537-A (north of 19th Street
and west of Upland): Request of Johnnie R. Berry (for Caravan
Storage) for a zoning change from C-4 to C4 Specific Use for mini -
warehouses and to amend existing C4 to allow used vehicle sales on
two portions of land out of Section 1, Block D6 (second and final
reading).
ORDINANCE NO. 10213
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2537-A; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES AND AMENDING
ORDINANCE NO. 8813 TO ALLOW USED VEHICLE SALES ON TWO
PORTIONS OF LAND OUT OF SECTION 1, BLOCK D6, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO AMENDED CONDITIONS, PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(14.) Ordinance No. 10214—Zone Case No. 2862 (2002 60th Street):
Request of Jerry Smith (for Vandelia Church of Christ) for a zoning
change from C-2/R-1 to A-2 limited to church and church related
uses on Lots 20 and 21, Block 2, Vandelia Village Addition (second
and final reading) .
ORDINANCE NO. 10214
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2862; A ZONING CHANGE FROM C-2/R-1 TO A-2
ZONING LIMITED TO CHURCH RELATED USES ON LOTS 20 AND 21, BLOCK
2, VANDELIA VILLAGE ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(15.) Ordinance No. 10215—Zone Case No. 921-N (south of 50th Street
and west of Avenue Q): Request of Hugo Reed and Associates (for
Michael Postar) for a zoning change from R-1 Specific Use to C-4
Specific Use for mini -warehouses on a portion of land out of
Section 3, Block E (second and final reading).
ORDINANCE NO. 10215
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 921-N; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-4 SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A PORTION
OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
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(16.) Ordinance No. 10216—Zone Case No. 2863 (north of 66th Street and
west of Upland): Request of Hugo Reed and Associates (for Lewis
Garnett) for a zoning change from R-1/T to R-1 Specific Use for
garden homes on Lot 34, Winghaven Estates Addition (second and
final reading).
ORDINANCE NO. 10216
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2863; A ZONING CHANGE FROM R-1/T TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON LOT 34, WINGHAVEN
ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(17.) Ordinance No. 10217—Zone Case No. 2864 (3723 24th Street):
Request of Hugo Reed and Associates (for Cindy Snell) for a zoning
change from R-1 to AM on Lots 9 and 10, Block 1, Bellaire Heights
Addition (second and final reading).
ORDINANCE NO. 10217
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2864; A ZONING CHANGE FROM R-1 TO AM
ZONING ON LOTS 9 AND 10, BLOCK 1, BELLAIRE HEIGHTS ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(18.) Ordinance No. 10218—Zone Case No. 2296-G (2505 and 2507 80th
Street): Request of Hugo Reed and Associates (for Gary Boren) for a
zoning change from R-1 to C-2A on Lots 43 and 44, Gatewood
Addition (second and final reading).
ORDINANCE NO. 10218
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2296-G; A ZONING CHANGE FROM R-1 TO C-2A
ZONING ON LOTS 43 AND 44, GATEWOOD ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(19.) Ordinance No. 10219—Zone Case No. 1755-J (5210 82nd Street):
Request of Ok Pok Chong for a zoning change from C-2 to C-3
limited to a cleaning, dyeing or dry cleaning shop and all
unconditionally permitted C-2 uses on the south 80 feet of Tract E,
Farrar Estates Addition (second and final reading).
ORDINANCE NO. 10219
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1755-J; A ZONING CHANGE FROM C-2 TO C-3
ZONING LIMITED TO A CLEANING, DYEING OR DRY CLEANING SHOP ON
THE SOUTH 80 FEET OF TRACT E, FARRAR ESTATES ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(20.) Ordinance No. 10220—Zone Case No. 2848 (4722 39th Street):
Rehearing Request of Billy J. York for a zoning change from R-1 to
R-2 for duplexes on Lot 7, Block 18, College Heights Addition
(second and final reading).
ORDINANCE NO. 10220
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2848; A ZONING CHANGE FROM R-1 TO R-2
ZONING ON LOT 7, BLOCK 18, COLLEGE HEIGHTS ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(21.) Ordinance No. 10221 abandoning and closing a portion of Avenue G
adjacent to Block 3, Morning Side Addition to the City of Lubbock,
a portion of a 15-foot alley in Block 3, Morning Side Addition, a
15-foot alley in Block 4, Morning Side Addition, and a portion of an
east -west 20-foot alley in Block 2, Morning Side Addition to the City
of Lubbock (802 27th Street) (first reading).
ORDINANCE NO. 10221
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
AVENUE G, TWO 15-FOOT ALLEYS, AND A PORTION OF A 20-FOOT ALLEY
LOCATED IN THE MORNING SIDE ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a portion of Avenue G and three
alley areas at Simmons Pump Company on 27th Street, just east of I-27,
for replat purposes. This ordinance closes a 50-foot by 200-foot portion
of Avenue G just north of 27th Street, a 1,733.3-square-foot portion of a
north -south 15-foot alley north of 27th Street in Block 3 of the Morning
Side Addition, a north -south 15-foot by 300.11- foot alley south of 27th
Street in Block 4 of the Morning Side Addition, and a portion of an east -
west 20-foot alley north of 27th Street and east of Avenue G in Block 2
of the Morning Side Addition.
The charges for the areas being closed are as follows: portion of Avenue
G - 10,000 square feet x $0.50 per square foot = $5,000. This area
will remain as an easement so it is valued at 50 % or $2,500. Credit for
additional easement area granted north of Avenue G - 5,000 square feet
x $0.50 per square foot = $2, 500 x 50 % = $1,250. Total due for
Avenue G closure = $1,250. Alley in Block 3 - 1,733.3 square feet x
$0.50 per square foot = $866.65. It will remain as an easement and is
valued at $866.65 x 50% = $433.33. Alley in Block 4 - 4,501.7 square
feet x $0.50 per square foot = $2,250.85. This alley area will be left as
-- an easement so $2,250.85 x 50 % = $1,125.43. Alley in Block 2 -
4,000 square feet x $0.50 per square foot = $2,000. The total amount
due the City for these closures is $4,808.76.
The Right -of -Way Department recommended approval of the first
reading of this ordinance.
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(22.) Resolution No. 6599 authorizing acceptance of water and sanitary
sewer improvements for South Haven Addition, Lots 99-122 to the
City of Lubbock, Lubbock County, Texas.
RESOLUTION NO. 6599
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR LOTS 99 TO 122, SOUTH HAVEN ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 99-122, 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 sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $54,969.26 with the
improvements constructed by Utility Contractors of America having a value of
$39,977.75 as determined by the unit prices established by said Chapter 28, and
$1,205.29 cash paid to the City, which amount includes $ -0- cash for adjacent lines,
with the developer, to receive a refund of $21,062.99 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 sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $21,062.99 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Passed by City Council this 4th day of November, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda Chamales, Supervising
Attorney, Office Practice
This is a routine acceptance of water and sanitary sewer improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $54,969.26 and has a value of $39,977.75 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$1,205.29 that includes $0.00 for adjacent mains. The developer,
Lubbock Land Development Company of Lubbock, will receive a refund
of $21,062.99 in accordance with Chapter 28. There is no refund of
deposit.
The subdivision is located at 102nd Street and Utica Avenue.
Staff recommended acceptance of the improvements.
(23.) Resolution No. 6602 authorizing acceptance of water and sanitary
sewer improvements for The Dominion, Tracts A and B to the City
of Lubbock, Lubbock County, Texas.
This item was moved from consent to regular agenda and was
considered following Item No. 28.
RESOLUTION NO.6602
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR TRACTS A AND B, THE DOMINION ADDITION, TO
THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tracts A and B, The Dominion Addition to the
_ City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article
IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the
water and sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $51,796.73 with the
improvements constructed by H. D. Weaver Ditching Service, Inc., having a value of
$29,153.31 as determined by the unit prices established by said Chapter 28, and
$41,527.98 cash paid to the City, which amount includes $41,322.61 cash for adjacent
lines, with the developer to receive a refund of $5,368.77 in accordance with Chapter
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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 sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $5,368.77 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 4th day of November, 1999.
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer,
Water Utilities
APPROVED AS TO FORM:
/s/ Linda Chamales
Linda 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
cost of the improvements is $51,796.73 and has a value of $29,153.31 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$41,527.98 that includes $41,322.61 for adjacent mains. The developer,
McDougal Properties of Lubbock, will receive a refund of $5,368.77 in
accordance with Chapter 28. There is no refund deposit.
The subdivision is located at 50th Street and Chicago Avenue. —
Staff recommended acceptance of the improvements.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to pass Resolution No. 6602 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal
recused himself.
City Council Meeting
November 4, 1999
Page 397
(23.) Resolution No. 6600 to approve a revised investment policy and
investment strategy due to legislative changes made by House Bill
3009 approved in the 76th Legislative Session.
RESOLUTION NO. 6600
WHEREAS, on August 25, 1995, the City Council of the City of Lubbock
adopted Resolution #4933 which established an investment policy for the City of
Lubbock; and
WHEREAS, on December 18, 1997, the City Council of the City of Lubbock
adopted Resolution #5728 which revised the City's investment policy so as to comply
with changes to the Public Funds Investment Act (Section 2256 of the Texas Local
Government Code); and
WHEREAS, on May 28, 1998, the City Council of the City of Lubbock adopted
Resolution #5867 which revised the City's investment policy so as to amend current
practices and strategies and clarify current provisions, which revisions comply with the
Public Funds Investment Act (Section 2256 of the Texas Local Government Code); and
WHEREAS, the City Council has reviewed and approved the City of Lubbock
Texas Investment Policy and Investment Strategy and desires to make certain changes
thereto so as to bring the said investment policy into compliance with House Bill 3009;
NOW THEREFORE,
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock investment policy and investment strategy, as
reviewed and amended in the attached document entitled "City of Lubbock, Texas,
Investment Policy and Investment Strategy" which is hereby incorporated in this
Resolution as if fully set forth, BE approved and adopted for the City of Lubbock,
Texas, and shall be included in the minutes of the Council.
Passed by City Council this 4th day of November, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Betsy Bucy
Betsy Bucy,
Managing Director Finance
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight,
Assistant City Attorney
A copy of the "City of Lubbock, Texas, Investment Policy and Investment Strategy" is
filed with Resolution No. 6600.
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Page 398
An annual review, by the City Council, of the City of Lubbock
investment policy and investment strategy is required by the Public
Funds Investment Act (Government Code 2256.005e). The revised
policy/strategy has been amended due to legislative changes made by
House Bill 3009, approved in the 76th legislative session. Also, several
"housekeeping" changes have been made to the policy/strategy. The
agenda back-up information included a summary of all changes that have
been made to the policy/strategy at this time.
Staff recommended approval of this resolution.
(24.) Resolution No. 6601/RFP #99110—Deferred Compensation Plan
(Human Resources)
RESOLUTION NO. 6601
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 Deferred
Compensation Plan, by and between the City of Lubbock and International City
Management Association (ICMA) Retirement Corporation of Washington, DC 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 4th day of November, 1999.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman,
Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Competition and
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 6601.
This contract provides for an additional firm to participate in the City of
Lubbock Deferred Compensation Plan along with Aetna Retirement
Services and Prudential Securities. The new contract allows City of
Lubbock employees a third choice to defer compensation into the
Deferred Compensation Plan.
The following firms submitted proposals:
• 1st Global Insurance Services, Inc. of Dallas, Texas
0 Copeland Companies of East Brunswick, New Jersey
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November 4, 1999
Page 399
■ Dain Rauscher/Delaware Investments of Lubbock, Texas
■ Edward Jones of Lubbock, Texas
■ EQ Financial Consultants, Inc. of Lubbock, Texas
■ Financial Planner & Equitable Associate of Lubbock, Texas
■ ICMA Retirement Corporation of Washington, D.C.
■ Metropolitan Life Insurance Company of Denver, Colorado
■ MFS Retirement Services Inc. of Lubbock, Texas
■ Nationwide Retirement Solutions, Inc. of Columbus, Ohio
■ Northwestern Mutual Life/Baird of Lubbock, Texas
■ Primerica of Lubbock, Texas
■ Valic of Houston, Texas
■ WMA Securities, Inc. of Lubbock, Texas
■ World Marketing Alliance Securities, Inc. of Lubbock, Texas
The Oversight Committee, established through Ordinance No. 10121 as
required by the Federal IRS regulations, evaluated proposals using the
Evaluation Procedures for Competitive Proposals developed by the City
of Lubbock Purchasing Department. The selection criteria included:
Experience 30 %
Marketing 20 %
Administration 30 %
Investment Information 20 %
The three top -ranked respondents were asked to make presentations to
the committee. The three finalists were:
ICMA Retirement Corporation;
Metropolitan Life Insurance Company; and
Nationwide Retirement Solutions, Inc.
The committee unanimously selected ICMA based on the plan fees, the
high level of Internet access available to employees, and portability of
the plan.
There are no public funds involved in a deferred compensation plan.
City employees have the option to defer compensation into the plan.
The evaluation committee recommended that a contract be executed to
allow ICMA to administer a 457 deferred compensation plan.
— (26.) Bid #99265--Emergency Repairs to Brandon Station's GE LM2500
Gas Turbine (Electric Distribution)
During the course of the power turbine outage, unserviceable sealing
shroud segments were discovered in the HP SGT 2 turbine section
requiring shipment of this section to Stewart and Stevenson's repair
facility in Houston. Because of the urgency to return Brandon Station to
service to assist preparation for the summer peak, repairs were made on
an emergency basis.
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(27.) Bid #99222—Automobiles and Light Duty Trucks (Fleet Services)
This bid is for the purchase of 15 automobiles, 20 trucks, five vans, and
three utility vehicles for various city departments.
The low bids are from the following companies:
Philpott Ford of Nederland, Texas $575,928
Scoggin-Dickey of Lubbock, Texas 235,250
Maxwell Automotive Group of Taylor, Texas 44,688
The total price difference between low bids from local bidders and low
bids from non -local bidders is $19,313. The low bids are within the
Fleet Services Equipment Capital Outlay -Motor Vehicles budget amount.
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions.
(28.) Ordinance No. 10222 relating to granting telecommunications
franchises to non -certificated telecommunications providers and
regulating the use of public rights -of -way for certificated
telecommunications providers within the City.
ORDINANCE NO. 10222
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO THE
ESTABLISHMENT OF A NON-DISCRIMINATORY PROCEDURE FOR
GRANTING FRANCHISES AND REGULATING THE USE OF PUBLIC
RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN
THE CITY; PRESCRIBING UNIFORM TERMS AND CONDITIONS
CONCERNING USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY BY
TELECOMMUNICATIONS FRANCHISEES AND CERTIFICATED
TELECOMMUNICATIONS PROVIDERS; AND PRESCRIBING THE AMOUNT
AND METHOD OF COMPENSATION TO BE PAID THE CITY FOR THE USE OF
PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATION SERVICES
WITHIN THE CITY BY NON -CERTIFIED TELECOMMUNICATIONS
PROVIDERS AND PROVIDING A MISDEMEANOR PENALTY.
The State Legislature passed HB 1777 during the past session, which
exempted telecommunications providers certificated by the Public Utility
Commission for local exchange service from the franchise requirements
of municipalities. However, non -certificated telecommunications
providers were not exempted from franchise requirements. The City of
Lubbock is served by both types of telecommunications providers, which
necessitated a revision of the City's telecommunications regulatory
ordinance to reflect the new state law, which becomes effective as to
these matters on December 1, 1999.
The new ordinance will continue to require franchises by non -certificated
telecommunications providers and will also require certificated
telecommunications providers to meet City of Lubbock requirements for
such matters as paving cut procedures and fill quality, for example, as
the Legislature did not exempt either certificated providers or non -
certificated providers from those requirements.
Since the new law establishes uniform fees for certificated
telecommunications providers by state law, and since federal law
requires all telecommunications providers to be treated the same, it was
also necessary to amend our fee provisions to insure that
telecommunications providers are being treated equally as to right -of -
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City Council Meeting
November 4, 1999
Page 401
way usage fees regardless of whether they are certificated or not. Also,
the new law exempts certificated telecommunications providers from any
additional miscellaneous fees, such as permit fees and application fees.
In order to "keep the playing field level," such fees were removed from
the ordinance for non -certificated telecommunications providers as well.
The actual fee amounts have been left blank, as staff is working with
Southwestern Bell to obtain the figures necessary for calculating the new
fees. It is anticipated that we will have the figures prior to second
reading of the ordinance. However, if we do not obtain the figures in a
timely manner, the second reading may have to be postponed.
It is recommended that this ordinance be passed by the City Council.
The next item considered was Item No. 23.
10:52 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson made a motion to adjourn; Councilmember McDougal
seconded the motion. Motion carried: 7 Yeas, 0 Nays.
r
WINDY SITTO1,Y, MAYOR
ATTEST:
__ / i /� I I "
ayt i Darnell, City Secretary
Read and approved this 54�'- day of:. �t2�, 2000.
WINDY SITT , MAYOR
ATTEST:
Kayth}6XDarneff, City Secretary
401