HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 9, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 9th
day of January, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:34 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren;
Council Member Tom Martin, Council Member Frank W. Morrison
Absent: Mayor McDougal and Council Members Cooke and Patterson
CITIZEN COMMENTS
Five citizens expressed comments to the Council concerning the Lake
Alan Henry user fees. They were:
Randy Ferguson, Levelland; Kay Goode, Lubbock; Gordon Bohannon,
Levelland; Emilio Ortiz, Lubbock and Todd Faulkner, Lubbock.
Council Member Morrison requested that staff make copies of the current
proposal available to these citizens.
7:58 A.M. CITY COUNCIL RECESSED
8:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren,
Council Member Tom Martin, Council Member Frank W. Morrison,
Bob Cass, City Manager; Don Vandiver, First Assistant City
Attorney; and Tommy Combs, Deputy City Secretary
Absent: Mayor McDougal and Council Members Cooke and Patterson
Mayor Pro Tem Hernandez called the meeting to order at 8:10 A. M.
(6.) Pastor Thomas Sawyer, Senior Pastor, Grace Christian Fellowship
gave the invocation.
( 7.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Arts Alliance, Inc. Grants Review Committee
Receiving: James Arnold (unable to attend)
Board of Health
Receiving: Don May
Central Business District TIF
Receiving: Bob Greenhill (unable to attend)
Community Development & Services Board
Receiving: Ricardo Garcia
Libraries Board
Receiving: Scot Mayfield (unable to attend)
Market Lubbock, Inc.
Receiving: Dr. David Smith
Lubbock Emergency Communications District
Receiving: Bob Wood
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January 9, 2003
Page 8
Youth Commission —Adults
Receiving: Todd Wyrick (unable to attend)
Citizens Advisory Committee
Receiving: Don Caldwell
Jan Campbell (unable to attend)
Bobbe Crawford
Paul Dannevik
Regji Davis
Charlie Evans
Jim Gilbreath (unable to attend)
Art Glick
Rafael Gonzalez
Kaye Greer
Ysidro Gutierrez
Dr. Don Haragan (unable to attend)
Gertie Jeter
Greg Jones
Dr. Ken Jones
Phyllis Jones
Bobby Kazee
Connie Lawrence
Earnest Merritt
Lance Misner
Richard Molina
Tommy Morris (unable to attend)
Gloria Ochotorena
Garry Owens
Dawn Pace (unable to attend)
Jane Prince -Jones
Phil Price
Eddie Richardson
Jerome Schuetzeberg (unable to attend)
David Seim (unable to attend)
Sam Silva (unable to attend)
Gwen Stafford
Carolyn Thompson
Jack Thompson (unable to attend)
Vernita Woods -Holmes
CITIZEN APPEARANCES
( 8.) Presentation of a Special Recognition to the Frenship High School
Cross Country Team to recognize them for winning the 2002 UIL 4A
State Cross Country Championship.
The 2002 Frenship High School Cross Country Team began this year's
season on August 31 after months of hard training and after running
several hundred miles in the hot summer sun. They competed every
Saturday in meets from Denton to Abilene and Seminole to Carlsbad.
After beating five teams in the District meet to become District 44A
champions, they then competed in the Regional meet. Competing against
23 teams, the Frenship team won the Region I Championship, capturing
their first regional title and advancing to the State Championship meet. In
Round Rock on November 9, the team competed against eleven teams to
win their first State Championship Cross Country title, which also
represents the first time any Frenship team has won a State championship
A special recognition was presented to the Frenship High School Cross
Country Team for winning the 2002 State UIL 4A State Championship.
Alternates on the team were: Ed Roup, Josh Lopez, Preston Curry and
Ryan Kerr. Varsity runners were: Robert Wisely, Phillip Malone, Matt
Snowden, Sebastian Haglund (a foreign exchange student from Alavesta,
Sweden), Trent Gary (2"d Team All State, placed 12t' overall), Chase
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Page 9
Snowden W' Team All State, placed 10`h overall) and Josh Hawkins (I"
Team All State, placed 51h overall). Rodney Hendrix is the coach.
( 8A.) Oscar Jones, Executive Director of the Housing Authority of
Lubbock, appeared to request reconsideration of PILOT.
At a previous Council meeting, Max Tarbox (Chairman, Lubbock Housing
Authority) and Oscar Jones (Executive Director, Housing Authority)
appeared before the Council to request forgiveness of the PILOT
(Payment in Lieu of Taxes) currently paid by the Authority to the City of
Lubbock. At that time, Council was of the opinion that the Authority
should continue to make the payment. Since that time, Mr. Jones has met
with the Mayor and individual members of the Council. At his request,
this item was placed back on the agenda for discussion.
Oscar Jones, Executive Director of the Housing Authority of Lubbock
made a presentation concerning reconsideration of PILOT.
Tommy Gonzalez, Assistant City Manager, gave staff comments
concerning steel fencing that had been exchanged for waiver of the 2002
payment.
Don Vandiver, First Assistant City Attorney, stated two agreements
existed with the Lubbock Housing Authority. A 1995 overall agreement
requires the PILOT fees to be paid. In addition, there is an agreement of
August 29, 2002 in which for this year the requirement to make the
payment was waived in exchanged for some steel items.
Council Member Martin stated that the one agreement was for previous
years that had not been paid. The current fiscal year is about $32,000 and
is included in the general fund budget as a revenue item. He stated the
agreement Mr. Vandiver referred to dealt with prior years. Mr. Vandiver
stated that it didn't, it read the amount currently owed by the Lubbock
Housing Authority and for the 2002-2003 fiscal year. Mr. Vandiver said
he felt something should be done with this agreement, as well as the
overall agreement of 1995, or on a year-to-year basis.
Council Member Martin stated that prior to today, he had not supported
waiving these fees, but after hearing Mr. Jones' presentation, he requested
that this matter be placed on the next agenda. He also suggested that this
be done on a year-to-year basis.
Mr. Vandiver commented that he now had the information necessary to
make the amendments.
Mayor Pro Tern Hernandez mentioned that if the PILOT fee is waived and
to be used for rehab or reconstruction purposes, then some kind of
mechanism should be put in place to track those monies.
City Manager Bob Cass stated that the administration of this should be
assigned to a specific individual in the organization to be responsible for
monitoring those funds and bringing back a report to Council.
CONSENT AGENDA (Nos. 9-17, 20, 22-27, 30, 32)
Motion was made by Council Member Boren, seconded by Council
Member Morrison to approve Items 9-17, 20, 22-27, 30, 32 on consent
agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays.
(9.) Approval of Minutes: December 12, 2002
Regular City Council Meeting
December 19, 2002
Regular City Council Meeting
(10.) ORDINANCE #2002-00136 ---Establishing the population of the City
of Lubbock by ordinance so that City Limits population may be
altered on State highways by the Texas Department of Transportation
to reflect the current population figure for the City of Lubbock
(second and final reading).
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ORDINANCE NO.2002-00136
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ESTABLISHING
THE POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT
CITY LIMITS POPULATION MAY BE ALTERED ON STATE HIGHWAYS BY THE
TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT THE CURRENT
POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
(11.) ORDINANCE #2002-00138—ZONE CASE NO. 1756-F (3115 2nd
Street): Request of Hugo Reed and Associates for Royal Properties for
a zoning change from R-1 to A-2 (for apartments) on a 0.83-acre tract
of land out of Section 20, Block A and Block 1, Westhaven Addition
(second and final reading).
ORDINANCE NO. 2002-00138
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.1756-F; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A 0.83-ACRE TRACT OF LAND OUT OF SECTION 20, BLOCK A
AND BLOCK 1, WESTHAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(12.) ORDINANCE #2002-00139—ZONE CASE NO. 2956 (east of MLK
Blvd. and south of East 6"' Street): Request of Christopher S. Moore
for Victory in Praise Church for a zoning change from R-1 to A-2
limited to a church and church -related uses on an unplatted 4.8-acre
tract of land out of Section 4, Block O (second and final reading).
ORDINANCE NO. 2002-00139
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2956; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH USES, ON AN UNPLATTED 4.8 ACRE -TRACT
OF LAND OUT OF SECTION 4, BLOCK 0, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
(13.) ORDINANCE #2002-00140—ZONE CASE NO. 2178-F (south of
1051h Street and west of Indiana Avenue): Request of Bernie Gradel,
Jr. for Craft Development for a zoning change from R-1, R-1 Specific
Use, and A-1 to R-1 Specific Use for garden homes with 5-foot front
setbacks on cul-de-sac lots and 5-foot side setbacks on corner lots on
proposed Lots 89 through 190 (second and final reading).
ORDINANCE NO.2002-00140
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-F; A ZONING CHANGE FROM R-1, R-1
SPECIFIC USE AND A -I TO R-1 SPECIFIC USE FOR 15 FOOT FRONT SETBACKS
ON REGULAR LOTS, 5-FOOT FRONT SETBACKS ON CUL-DE-SAC LOTS AND
5-FOOT SETBACKS ON CORNER LOTS ON PROPOSED LOTS 89 THROUGH 190,
HIGHLAND GARDENS ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(14.) ORDINANCE #2002-00141—ZONE CASE NO. 2934-A (south of
1091h Street and west of Grover Avenue): Request of Bernie Gradel,
Jr. for Craft Development for a zone change from R-1 Specific Use to
R-1 Specific Use for garden homes on an unplatted 4.08-acre tract of
land out of Section 21, Block AK (second and final reading).
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ORDINANCE NO. 2002-00141
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2934-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO R-1 SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 4.08-
ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(15.) ORDINANCE #2002-00142—ZONE CASE NO.2161-H (south of 861h
Street and west of University Avenue): Request of Bernie Gradel, Jr.
for Hale County State Bank for a zoning change from A-1 to C-3 for a
bank on an unplatted 4.21-acre tract of land out of Section 13, Block
E-2 (second and final reading).
ORDINANCE NO.2002-00142
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-H; A ZONING CHANGE FROM A-1 TO C-2
ZONING ON A BANK ON AN UNPLATTED 4.21-ACRE TRACT OF LAND OUT
OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(16.) ORDINANCE #2002-00143—Regarding an amended process and the
requirement of a public hearing prior to moving structures from any
area inside or outside of Lubbock to another location within the city
limits (second and final reading).
ORDINANCE NO. 2002-00143.
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 29-
30(e) AND 29-28 (f) (2); REQUIRING A SPECIAL EXCEPTION FOR THE MOVING
OF BUILDINGS OTHER THAN MOBILE HOMES, MANUFACTURED HOUSING,
MODULAR HOUSING, OR NEW READY BUILT HOUSING, AMENDING
CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION III TO
CHAPTER I OF THE UNIFORM BUILDING CODE WITH REGARD TO
BUILDINGS TO BE MOVED; AND AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO ADOPT THE 2003
PROPERTY MAINTENANCE CODE WHICH INCLUDES HEARING
PROCEDURES FOR FAILURE TO COMPLY WITH A MOVING PERMIT;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
(17.) Resolution No. 2003-R0001 authorizing the Mayor to execute an
agricultural lease with Kelly Thomas-TKT Farms (northeast corner,
FM 1585 and Milwaukee Avenue).
RESOLUTION NO. 2003-R0001
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 Agricultural Lease
Agreement by and between the City of Lubbock and Kelly Thomas — TKT Farms, and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
This agricultural lease allows Kelly Thomas of TKT Farms to farm the
160-acre City tract of land owned by the Water Utilities Department at the
northeast corner of FM 1585 and Milwaukee Avenue. This lease is for
one year.
The Right -of -Way Department recommended approval of this resolution.
The next item considered was Item 20.
(18.) Resolution No. 2003-R0010 authorizing the Mayor to execute the
necessary SFY 2003 contract documents and subsequent amendments
with the Texas State Library and Archives Commission to support the
Lubbock Public Library "Loan Star Libraries" Direct Aid Program.
This item was moved from consent agenda to regular agenda and was
considered following Item 32.
RESOLUTION NO.2003-R0010
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 the necessary SFY 2003
contract documents and subsequent amendments with the Texas State Library and
Archives Commission to support the Lubbock City -County Library "Lone Star Libraries"
Direct Aid Program, and all related documents. Said Contract and related documents are
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Assistant City Manager
APPROVED AS TO FORM:
/s% John M. Knight
John M. Knight
Assistant City Attorney
The 77t' Texas State Legislature appropriated $2.9 million in each year of
the 2002-2003 biennium for the Loan Star Libraries Program of direct
state aid to Texas public libraries. This grant provides direct grants-in-aid
to public libraries that are members of the Texas State Library System.
Under this program, the Lubbock Public Library will receive $23,006 in
SFY 2003.
The purpose of the Loan Star Libraries direct aid program (13 TAC Sec.
2.160) is to provide incentive for local communities to extend public
library service without charge to those Texans residing outside each
library's local legal service area, to improve library services statewide, and
to improve access to public library resources for all Texans.
Primarily because of geographical factors, the Lubbock Public Library has
never instituted a "non-resident" fee. Also, it has historically provided the
"reciprocal borrowing" status to anyone living in the 29-county area of the
West Texas Library System. With these provisions already in place, the
Lubbock library is eligible to receive full —formula funding under the
Direct Aid program.
The Lubbock Public Library will use the Loan Star funds to supplement
the local library support for library materials, in order to support the grant
purpose of equal access for all Texans at the local level. The Library will
purchase audio-visual media for adults and children, including books on
tape and CD, videos, and digital videodisks.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2003-R0010 as recommended
by staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 21.
(19.) Resolution No. 2003-R0016 authorizing the Mayor to execute Change
Order No. 1 with Jack's Road Boring in the amount of $29,238 (20%)
to purchase steel casing for the Stream Discharge Project.
This item was considered following Item 35.
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RESOLUTION NO.2003-R0016
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 with Jack's Road Boring
Pipeline Construction, Change Order No. 1, to Bid No. 242-02/13M to install forty-eight
inch bore under State Highway 84 and BNSF Railroad. Said change order 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 the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales
Supervising Attorney/Office Practice
This change order is the first for this project and is 20 percent of the
original $140,000 project cost. It allows the contractor, Jack's Road
Boring, to purchase the steel casing. The original project scope was for
boring services only. The City of Lubbock was to provide the casing
material. However, considering delivery schedule and purchasing
procedures, the quickest and most effective means to complete the work
was to have the contractor purchase the casing. They will buy
approximately 400 feet of 48 inch diameter steel casing.
This project is to install the 36 inch treated effluent pipe underneath US 84
at FM 835 as part of the stream discharge project. This particular segment
of pipe will connect to the existing 27-inch line to the Hancock Land
Application Site (HLAS). Funds are provided from the Sewer Capital
Projects totaling $3,400,000, to date, of which approximately $1,800,000
has been spent.
Staff recommended approval of this resolution.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass Resolution No. 2003-R0016 as recommended
by staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 36.
(20.) Resolution No. 2003-R0002 authorizing the City Council to accept and
approve the budget submitted by the Lubbock Police Department for
the expenditure of proceeds awarded to the Department and the
South Plains Regional Narcotics Task Force in accordance with
Article 59.06 of the Texas Code of Criminal Procedure.
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RESOLUTION NO.2003-R0002
WHEREAS, Article 59.06 of the Texas Code of Criminal Procedure provides for
the disposition of forfeited property seized by law enforcement officers in the
performance of their duties; and
WHEREAS, Article 59.06(d) of such Code provides that proceeds awarded to a
law enforcement agency may be spent by the agency after a detailed budget for the
expenditure of the proceeds has been submitted to the governing body of the municipality
for that agency; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Council hereby accepts and approves the budget submitted by the
Lubbock Police Department for the expenditure of proceeds awarded to the Department
and the South Plains Regional Narcotics Task Force in accordance with Article 59.06 of
the Texas Code of Criminal Procedure.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Prior to the expenditure of forfeited funds, the Texas Code of Criminal
Procedure requires a law enforcement agency to submit a budget for these
funds to the governing body of that agency.
The budget for the funds forfeited to the Lubbock Police Department and
the South Plains Regional Task Force is outlined in the document
provided for council backup.
The Lubbock Police Department recommended approval of this
resolution.
(21.) Resolution No. 2003-R0011 authorizing the Mayor of the City of
Lubbock to approve a joint application with the City of Lamesa,
Lubbock County and Gaines County for a State administered
federally funded grant for the continuation of the South Plains
Regional Narcotics Task Force.
This item was moved from consent agenda to regular agenda and was
considered following Item 18.
RESOLUTION NO. 2003-R0011
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 joint application with
Lubbock County, Gaines County, and the City of Lamesa, Texas, for grant funding and
related documents for the State of Texas, Office of the Governor, Criminal Justice
Division, for State and Federal assistance for operation of the South Plains Regional
Narcotics Task Force to combat narcotics and illegal substances trafficking. The City
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Council hereby agrees to a cash match of $110,324.00, from the City of Lubbock to fund
25% of the Project, as required by the State of Texas in order to be eligible to receive
such State and Federal assistance; and
THAT in the event of loss or misuse of funds of the State of Texas, Office of the
Governor, Criminal Justice Division, provided pursuant to said joint application for grant
funding, this Council assures that the funds will be returned to the Criminal Justice
Division.
Passed by the City Council this 9th day of January, 2003.
/s/ MARC MCDOUGAL -
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
This grant application is being made in conjunction with the Governor's
Anti -Drug Abuse Program. The 53 law enforcement agencies represented
in the South Plains region cover some 10,000 square miles and are
responsible to approximately 356,000 people located in 13 counties.
Narcotic trafficking on the South Plains should be considered multi -
jurisdictional with the success of each individual law enforcement agency
in its operation having a direct effect on criminal activity in neighboring
jurisdictions. Illegal narcotic trafficking is a regional program requiring
regional coordination.
The citizens of the 13 county region, including the City of Lubbock,
would greatly benefit from this program. By identifying transient narcotic
dealers and coordinating efforts to monitor their activities, the program
will facilitate an effective impact on the narcotic problem in the 13 county
region.
Further, the Task Force will maintain an effective communications
network with local jurisdictions concerning criminal violator activity.
This approach will be promoted by an effective coordination of
enforcement priorities and an efficient violator apprehension program
working closely with the Drug Enforcement Administration, Department
of Public Safety, County and City law enforcement agencies. The unit
would also lend investigative support to local jurisdictions.
The grant application is to be received by the Governor's Office, Criminal
Justice Division. Awards for the grant have been set for June 1, 2002.
The total request for funding is $648,385 with the City of Lubbock, City
of Lamesa, Lubbock County, and Gaines County contribution being
$162,096. This is the required cash match for the total grant.
To assure compliance with the requirements of the program, each
participating agency must sign an Interlocal Cooperation Agreement with
the City of Lubbock.
Chief of Police Claude Jones gave staff comments. He stated this force
was established in 1988 and he was the first sergeant assigned to the task
force. He also mentioned since September 11, there have been two other
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directives stating that this manpower could be used for domestic terrorism,
Homeland Security and Amber Alert on missing and endangered children.
The Police Department recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2002-R0011 as recommended by
staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 28.
(22.) Resolution No. 2003-R0003 authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and the City of Lamesa, Texas.
RESOLUTION NO.2003-R0003
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
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 Interagency Agreement to
develop a narcotics task force for law enforcement purposes, by and between the City of
Lubbock and the City of Lamesa, Texas, attached hereto, and which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of the Council
shall constitute and be part of this Resolution as if fully copied herein.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Criminal
Justice Division Grant, one requirement is that each participating agency
enters into an Interagency Agreement. This is to assure compliance with
the various mandates of the program placed upon the participating
agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution.
(23.) Resolution No. 2003-R0004 authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and Lubbock County.
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RESOLUTION NO.2003-R0004
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 Interagency Agreement to
develop a narcotics task force for law enforcement purposes, by and between the City of
Lubbock and Lubbock County, Texas, attached hereto, and which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of the Council
shall constitute and be part of this Resolution as if fully copied herein.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Criminal
Justice Division Grant, one requirement is that each participating agency
enters into an Interagency Agreement. This is to assure compliance with
the various mandates of the program placed upon the participating
agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution.
(24.) Resolution No. 2003-R0005 authorizing the Mayor of the City of
Lubbock to execute an Interagency Agreement for law enforcement
purposes for the investigation and prevention of narcotic and drug
related laws of the State of Texas by and between the City of Lubbock
and Gaines County.
RESOLUTION NO. 2003-R0005
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 Interagency Agreement to
develop a narcotics task force for law enforcement purposes, by and between the City of
Lubbock and Gaines County, Texas, attached hereto, and which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of the Council
shall constitute and be part of this Resolution as if fully copied herein.
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January 9, 2003
Page 19
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
This Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Criminal
Justice Division Grant, one requirement is that each participating agency
enters into an Interagency Agreement. This is to assure compliance with
the various mandates of the program placed upon the participating
agencies.
The execution of this agreement will also allow City of Lubbock Police
Officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program, and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution.
(25.) Resolution No. 2003-R0006 accepting Primary Street Maintenance
Improvements constructed by Lone Star Dirt & Paving, Inc., under
the 2002 Primary Streets Maintenance Program.
RESOLUTION NO.2003-R0006
RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION
OF CITY STREETS AS DESCRIBED BELOW:
WHEREAS, The City of Lubbock awarded a contract February 28, 2002,
authorizing the construction of primary street maintenance improvements by Lone Star
Dirt and Paving, Inc., on City streets; and
WHEREAS, the improvements upon the said portions of the City streets have
been inspected and found to have been constructed according to the approved plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions to the City streets
indicated on the attached list BE and the same are hereby accepted and the City Street
Superintendent BE and he is hereby authorized to direct final payment to the Contractor
in the amount of $76,896.29.
SECTION 2. THAT this Resolution shall take effect in force from and after its
passage.
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January 9, 2003
Page 20
Passed by the City Council this 9th day of January, 2003.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
This item is a routine acceptance of the 2002 Primary Streets Maintenance
Program, which consisted of various types of patching, widening, and
two -course surface treatment on all streets listed in the acceptance
resolution. The contract amount was $857,176.24. Final contract price is
$874,094.70. Patching work for other departments accounted for
$11,781.50, which came from their accounts.
Final payment due the contractor upon acceptance is $76,896.29.
Adequate funds are available in the Permanent Street Maintenance Fund
for this payment.
The Street Department recommended the approval of this routine
acceptance and the release of the final $76,896.29 of the contract to the
contractor.
(26.) Consider the price and conditions of sale of Parcel 33500-18-100 at
216 Avenue L, legally described as Lot 10, Block 18, Guadalupe
Addition in the Guadalupe Area.
This is a routine sale of a vacant lot by the Urban Renewal Agency to
Michael L. Seal for $400. The property is to be developed with a new
1,600 square foot single-family residence valued at $89,950. The lot is
properly zoned for residential development.
The Urban Renewal Board of Commissioners approved the proposed sale
on December 17, 2002. The Community Development staff
recommended approval of this resolution.
(27.) Resolution No. 2003-R00071BID #088-02BM—for Water Treatment
Chemicals — Annual Pricing (Water Production and Treatment).
RESOLUTION NO.2003-R0007
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 Letter of Award for water
treatment chemicals with Sweetwater Technologies of Columbia, Tennessee and related
documents. Said Letter of Award is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
January 9, 2003
Page 21
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This bid establishes annual pricing for the purchase of water treatment
chemicals. These chemicals are used at various points and times in the
drinking water treatment process. The Texas Commission of
Environmental Quality regulates the process of coagulation. These
chemicals are required to ensure compliance with these regulations. Four
bids were received and evaluated. The low bidder was requested to
perform a plant run of their chemicals, which met all City of Lubbock
requirements.
Low bid meeting all specifications and passing the plant run is $79,294.40
per year from Sweetwater Technologies of Columbia, Tennessee and is
within the Water Treatment Chemical Supplies budget.
(28.) Resolution No. 2003-R BID #206-02/RS—for Aerial Lift Trucks
(Fleet Services).
This item was moved from consent agenda to regular agenda and was
considered following Item 21.
This bid is for the purchase of aerial lift trucks to replace bucket trucks
and hydraulic derricks for LP&L. The equipment replacement will help
decrease the maintenance costs that are involved in maintaining older
equipment and will enable employees to perform their daily function in a
safer manner.
Item #1 of this bid is for three 47-foot hydraulic derricks with a utility
body mounted on a 37,000 pound GVWR cab and chassis. Item #2 is for
two hydraulic over center 47-foot material handler insulated aerial buckets
installed on a 28,000 pound GV WR cab and chassis. The low bid for these
items is Commercial Body Corporation of San Antonio, Texas. The bid
specification requires that the successful bidder provide maintenance
personnel on site within 24 hours of call. The City of Lubbock has had
extensive problems with Commercial Body Corporation complying with
these terms and conditions. In most cases, they have not been on site after
the 24-hour notification for required servicing of a vehicle for a period
exceeding 30 days. In one instance, staff has a Commercial Body unit
with defects that have never been repaired. In another case, staff had Altec
Industries of St. Joseph, Missouri provide the service repairs on a
Commercial Body unit in order for the unit to be put back in service.
This delay in having maintenance personnel on site is causing extensive
lost and/or nonproductive time for our personnel. LP&L Overhead and
Underground Distribution no longer has any spare units to use if a unit
goes down and requires servicing. The employees are sent to other crews
and the job they are working on is shut down.
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The following costs are given to show average dollar values associated
with this lost and/or non -productive time for our employees:
Four (4) man crew:
$144.00/hour (wages & benefits)
Per Day Costs:
$1,152.00/day (wages & benefits)
Per Week Costs:
$5,760.00/wk (wages & benefits)
Per Month Costs:
$115,200/mo (wages & benefits)
Local Government Code Chapter 252.043(a), Award of Contract states, "If
the competitive sealed bidding requirement applies to the contract for
goods or services, the contract must be awarded to the lowest responsible
bidder or to the bidder who provides goods or service at the best value for
the municipality." Chapter 252.043(b) states, "In determining the best
value for the municipality, the municipality may consider... (7) the long-
term cost to the municipality to acquire the bidder's goods or services."
Based on historical records for service performance from Commercial
Body Corporation, LP&L proposes that they do not meet specifications as
documented above. Staff recommended that City Council award the bids
for Items #1 and #2 to Altec Industries of St. Joseph, Missouri. The bid
amount from Altec Industries for these two items is $688,975 and is
within the Electric Facilities and Systems Improvements Capital Project
budget. The low bid meeting specifications for Item #3 is $134,866 from
Altec Industries of St. Joseph, Missouri and is within the Electric Facilities
and Systems Improvements Capital Project budget.
Victor Kilman, Purchasing Manager, and Randy Ervine, Fleet Services,
gave staff comments.
After discussion, Mayor Pro Tern Hernandez asked if there was a motion
on Item 28. This item died for lack of a motion.
City Manager Bob Cass asked for direction from Council. He stated the
equipment was needed. Should we re -bid this item or bring it back before
a full council?
Council Member Martin suggested that an explanation of the issues be
brought back to Council. Council Member Morrison also requested the
information.
Motion was made by Council Member Martin, seconded by Council
Member Boren to table Item 18 until the January 23`d Council meeting.
Motion carried: 4 Yeas, 0 Nays.
Council Member Boren left the dais.
9:32 A.M. CITY COUNCIL RECESSED AS IT DID NOT HAVE A QUORUM
9:43 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
Council Member Boren returned to the dais.
(29.) Resolution No. 2003-R00121BID 4232-02/RS—for Center Pivot
Systems at the Land Application Site (Land Application Site).
This item was moved from consent agenda to regular agenda and was
considered following Item 28.
RESOLUTION NO.2003-R0012
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 center
pivot systems at the land application site, by and between the City of Lubbock and Mesa
Irrigation Company of Wilson, 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.
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Page 23
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This bid is for the purchase of five center pivot irrigation systems for the
Land Application Site. This equipment will replace systems that are over
20 years old.
The low bid is $175,730 from Mesa Irrigation of Wilson, Texas and will
be financed over five years. Financing will be bid separately. The bid
amount is within the Land Application Rent -Lease Machinery Equipment
budget.
Victor Kilman, Purchasing Manager and Brad Welch, Assistant Farm
Manager, gave staff comments.
Four of the systems will be at Wilson and one at Lubbock.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass Resolution No. 2002-R0012 as recommended by
staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 31.
(30.) Resolution No. 2003-110008/13I1) #252-02/DC—for Underwater
Inspection and Cleaning of Potable Water Storage Facilities —Annual
Pricing (Water Production & Treatment).
RESOLUTION NO.2003-R0008
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 Letter of Award for
underwater inspection and cleaning of potable water storage facilities, by and between
the City of Lubbock and MB Western Industrial Contracting Company of Pasadena,
Texas and related documents. Said Letter of Award is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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Page 24
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This bid establishes annual pricing for underwater inspection and cleaning
of potable water storage facilities. The Texas Commission on
Environmental Quality requires annual inspections of potable water
storage facilities. This bid will allow for facilities to be inspected and
cleaned without interruption of normal operation.
The low bid is $143,600 from MB Western Industrial Contracting
Company of Pasadena, Texas and is within the Water Production &
Treatment Department's operating and capital budget maintenance
accounts.
(31.) Resolution No. 2003-110013/13I1) #260-02/RS—for 2003 Primary
Streets Maintenance Program (Streets).
This item was moved from consent agenda to regular agenda and was
considered following Item 29.
RESOLUTION NO.2003-R0013
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 2003
Primary Streets Maintenance Program, by and between the City of Lubbock and Lone
Star Dirt and Paving Contracting 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.
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Page 25
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This project involves patching and two -course seal coating on selected
streets throughout the city. The patching items will be used to replace
failed areas on the selected streets or to install new valley gutters to
smooth some dip areas. The patching can start in February 2003 on the
streets to be sealed and the seal coating can start on May 15, 2003 and will
be completed by August 15, 2003.
The low bid is $910,320.20 from Lone Star Dirt & Paving Contracting of
Lubbock, Texas and is within the Permanent Street Maintenance Fund
budget.
Council Member Martin asked the difference between Primary Streets and
Secondary Streets.
Richard Burdine, Assistant City Manager, explained that Primary Streets
are major thoroughfares and Secondary Streets are non -thoroughfare
(residential, etc.).
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass Resolution No. 2002-R0013 as recommended
by staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 33.
(32.) Resolution No. 2003-110009/13I1) #261-02/RS—for 2003 Secondary
Streets Maintenance Program (Streets).
RESOLUTION NO. 2003-R0009
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 2003
Secondary Streets Maintenance Program, by and between the City of Lubbock and Lone
Star Dirt and Paving Contracting 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.
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January 9, 2003
Page 26
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This project involves patching, single course and two course seal coating
on selected streets throughout the city. The purpose for this contract is to
seal coat selected streets, either a single course (preventative maintenance)
or a two course (rehabilitative maintenance). The various patching items
will be used to replace failed areas on the selected streets or to install new
valley gutters to smooth some dip areas. The patching can start in
February 2003, on the streets to be sealed and the seal coating can start on
May 15, 2003 and will be completed by September 15, 2003.
The low bid is $616,758.30 from Lone Star Dirt & Paving Contracting of
Lubbock, Texas and is within the Permanent Street Maintenance Fund
budget.
Council Member Martin asked the difference between Primary Streets and
Secondary Streets.
Richard Burdine, Assistant City Manager, explained that Primary Streets
are major thoroughfares and Secondary Streets are non -thoroughfare
(residential, etc.).
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
The next item considered was Item 18.
ADMINISTRATIVE SERVICES
Human Resources
(33.) Resolution No. 2003-R0014 authorizing the Mayor to execute
purchase of terrorism coverage for the existing airport/non-owned
aircraft liability coverage from ACE USA Insurance Company.
This item was considered following Item 31.
RESOLUTION NO. 2003-R0014
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 purchase terrorism coverage for and on behalf of the City of Lubbock, to be
added to the existing airport/non-owned aircraft liability coverage, by and between the
City of Lubbock and ACE USA, and related documents.
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Regular City Council Meeting
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Page 27
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House, Director of Human Resources
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
Following is a general description of the Terrorism Risk Insurance Act of
2002. While the amounts involved in items 33 and 34 are not particularly
large ($21,175 for airport liability, $1,581 for non -owned aircraft liability,
and $17,358.65 for property coverage), staff anticipates that the full
amount of funding for all policies (once staff have been notified by the
insurance carriers) could run approximately $125,000. With that in mind,
staff wanted to provide Council with background on the legislation and
recommended that Council enact a budget amendment that will authorize
the execution of future documents once staff receives them from the other
insurance companies.
On November 26, 2002, the President signed into law the Terrorism Risk
Insurance Act of 2002 (HR3210). The Act establishes a program within
the Department of the Treasury under which the federal government
shares with the insurance industry the risk of future terrorist attacks. The
Act applies when the Secretary of Treasury certifies that an event meets
the definition of an act of terrorism. The Act provides that in order to be
certified, an act of terrorism must cause aggregate property and casualty
losses of at least $5,000,000 and must have been committed by an
individual or individuals acting on behalf of any foreign person or foreign
interest to coerce the government or population of the United States.
Not covered under the Terrorism coverage would be acts committed as
part of the course of a war declared by Congress, property and casualty
losses that do not exceed $5,000,000 in the aggregate or any other
occurrence not defined above as an act of terrorism.
The Act was written with very specific time limitations. Within 90 days
of the date that the Act is signed into law, the insurance companies must
notify their insured, in writing, that any terrorism exclusion in their
existing policy has become null and void and they must advise them of the
increased premium charge for the coverage. The companies must allow
no less than 30 days from the date of the notice for insured to pay the
premium increase prior to reinstating the exclusion for terrorism coverage.
There are currently fourteen policies in place to cover the City's property
and casualty insurance needs. Four insurance companies have notified the
City. One has no change. Staff requests that Council act on the three
companies that have notified the City of premium increases and have
payment deadlines of January 30 and February 1, 2003.
The City of Lubbock purchased airport/non-owned aircraft liability
insurance from ACE USA on a separate coverage form for operations at
Lubbock International Airport effective October 1, 2002. Current year's
total cost is $68,531.35 for $50,000,000 in primary coverage and
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Page 28
$50,000,000 excess coverage with no deductible. Because of the events of
September 11, 2001, the insurer did not offer Acts of Terrorism coverage.
The purchase of terrorism insurance coverage from ACE USA would
result in a policy premium increase of $21,175 for airport liability and
$1,581.35 for non -owned aircraft liability.
Staff recommended purchasing terrorism coverage insurance from ACE
USA for a policy premium increase of $21,175 for airport liability and
$1,581.35 for non -owned aircraft liability and authorize up to $125,000
transfer from the Risk Fund balance if needed for the purchase of other
insurance under the mandated time frames.
Mayor Pro Tem Hernandez entertained a motion to hear Items 33 and 34
together. Motion was made by Council Member Boren, seconded by
Council Member Morrison to pass Resolution Nos. 2003-R0014 and
R0015. Motion carried: 4 Yeas, 0 Nays.
(34.) Resolution No. 2003-R0015 authorizing the Mayor to execute
purchase of terrorism coverage for the existing excess property
coverage from Commonwealth Insurance Company and Royal
Indemnity Company.
RESOLUTION NO.2003-R0015
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 purchase terrorism coverage for and on behalf of the City of Lubbock, to be
added to the existing property coverage, by and between the City of Lubbock and
Common Wealth Insurance Company and Royal Indemnity Insurance Company, and
related documents.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza by Tommy Combs
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House, Director of Human Resources
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
The City of Lubbock purchases property insurance from four carriers to
provide $300,000,000 in coverage on its buildings and contents effective
October 1, 2002. Current year's total cost for all property policies is
$613,325:
(1) Corgeis — $20,000,000 in primary coverage (provides terrorism
coverage),
(2) Underwriter at Lloyds — $20,000,000 for the second layer (50%
quota share — explained below),
(3) Commonwealth Insurance Company — $20,000,000 for second
layer (50% quota share — explained below),
(4) Royal Indemnity Company — $260,000,000 for third layer.
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Page 29
The policies are subject to one $250,000 deductible per occurrence.
The primary carrier is Coregis, who did not exclude terrorism coverage on
their policy and has notified the City that there will be no premium
change. However, because of the events of September 11, 2001, the two
additional layers of insurers did not offer Acts of Terrorism coverage.
Commonwealth Insurance Company and Underwriter at Lloyds share the
second $20,000,000, called quota share. The City has received
notification from Commonwealth Insurance, but not from Underwriter
Lloyds. Indicators from the broker are that the cost on the Underwriter at
Lloyds policy will be at least $26,000 in additional premium In order to
purchase the Commonwealth coverage, the City will be required to
purchase the Underwriter at Lloyds' coverage.
The purchase of terrorism coverage from Commonwealth Insurance
Company and Royal Indemnity Insurance would result in a total increase
of $17,358.65.
Staff recommended purchasing terrorism coverage from Commonwealth
Insurance Company for a policy premium increase of $6,670,65 and Royal
Indemnity Insurance for a policy premium increase of $10,688, for a total
of $17,358.65.
Mayor Pro Tern Hernandez entertained a motion to hear Items 33 and 34
together. Motion was made by Council Member Boren, seconded by
Council Member Morrison to pass Resolution Nos. 2003-R0014 and
R0015. Motion carried: 4 Yeas, 0 Nays.
(35.) Ordinance No. 2003-00001 authorizing the Mayor to make changes to
the City of Lubbock FY 2002-03 Operating Budget (first reading).
ORDINANCE NO.2003-00001
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE
CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Given the rather inflexible time constraints imposed by the Terrorism Risk
Insurance Act of 2002, staff recommended that Council consider a budget
transfer of $125,000 (from undesignated funds in the insurance reserve) to
enable the purchase of coverage once staff have been notified by the
relevant insurance companies.
Mayor Pro Tern Hernandez asked direction from Council as to whether or
not Council wanted them to be brought back individually, even though
they are below Mr. Cass' authority.
Council Member Martin suggested that they each be brought back for
review and requested a recap of the projected cost savings as these are not
local insurance agents.
City Manager Bob Cass said staff plans to have a work session and wanted
to visit with Mary House, Director of Human Resources, about an actuary
study as well. Ms. House agreed to this.
Staff recommended approval of this ordinance.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2002-0001 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 19.
DEVELOPMENT SERVICES
Right -of -Way
(36.) Ordinance No. 2003-00002 abandoning and closing a portion of two
20-foot alleys located in Blocks 130 and 131, Overton Addition, and a
portion of 71h Street between University Avenue and Avenue X in the
Overton Addition to the City of Lubbock (710 University) (first
reading).
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Page 3 0
ORDINANCE NO.2003-00002
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF TWO 20
FOOT ALLEYS LOCATED IN BLOCKS 130 AND 131, OVERTON ADDITION AND
A PORTION OF 7TH STREET BETWEEN AVENUE X AND UNIVERSITY AVENUE
IN THE OVERTON 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 two alleys and the one street portion in the Overton Addition are
being closed as part of the McDougal North Overton redevelopment
project. The two blocks that include the alley and street closures are being
replatted into Tract A and Tract B, Overton Park Addition.
Since McDougal was not the original dedicator of this street and alley
areas being closed, there will be a charge for them. Total alley area and
street area being closed is 60,000 square feet. According to the zoning
map and the present development in this location, 25% of the block along
University Avenue is zoned C-3 and the remaining 75% towards Avenue
X is zoned residential variety. The Right -of -Way Department has come
up with a value of $2.25 for the commercial and a value of $0.16 for the
residential. This equates to 25% X 60,000 square feet = 15,000 square
feet X $2.25 = $33,750 for the commercial street and alley area and 75%
X 60,000 square feet = 45,000 square feet X $0.16 = $7,200 for the
residential street and alley area for a total of $40,950. In the replat,
additional street area for 6th Street and for 8th Street will be dedicated
containing 15,747.34 square feet and a 30-foot underground utility
easement containing 17,610 square feet will be dedicated to the public and
will be valued as a credit. Using the same 25% and 75% values of $2.25
and $0.16 respectively, a credit will be given of $10,747.55 for the street
areas and $1,408.80 for the utility easement dedication for a total credit of
$12,156.35. Therefore, $40,950 minus $12,156.35 = $28,793.65 due the
City.
The Right -of -Way Department recommended approval of first reading of
this ordinance.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass on first reading Ordinance No. 2003-00002 as
recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Water Utilities
(37.) Resolution No. 2003-R0017 adopting the user fee system for Lake
Alan Henry, the Sam Wahl Recreation Area, and the LAH Wildlife
Mitigation Area.
RESOLUTION NO.2003-R0017
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby adopts and approves the user fee system for Lake
Alan Henry and the Sam Wahl Recreation Area, attached hereto as Exhibit "A".
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Regular City Council Meeting
January 9, 2003
Page 31
Passed by the City Council this 9th day of January 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of Exhibit "A" is filed with Resolution No. 2003-R0017.
At the December 12, 2002 City Council work session, the Lake Alan
Henry Working Group presented its recommendation for the referenced
user fee system, which is shown in Exhibit "A" to the resolution given in
council back-up.
The reasons for changing from the current fee structure are fourfold:
1. Provide discounts for City of Lubbock residents who already pay
the debt service on LAH through water rates;
2. Charge per vehicle/boat rather than an individual entry fee, which
is more attractive to large families that visit the Lake and more
efficient to collect, reducing customer wait time at the gatehouse;
3. Implement higher fees on weekends than weekdays so that users
pay for the additional resources required on weekends. Also,
higher weekend fees may have result in some weekend users
shifting to weekdays;
4. Generate the revenue needed to make substantial improvements to
the Sam Wahl Recreation Area and to provide the operational
resources needed to make it attractive to Lubbock families.
Staff recommended approval of the proposed resolution. In the past, the
Director of Water Utilities (now Public Works) was authorized to increase
the fees without City Council action. The resolution has some blanks the
Council will need to direct staff to fill in, setting the annual percentage
increase the Director of Public Works may grant without City Council
action.
Mayor Pro Tern Hernandez directed the Public Information Office to make
the user fees available to the public via a press release.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass Resolution No. 2002-R0017 as recommended
by staff. Motion carried: 4 Yeas, 0 Nays.
(38.) Resolution No. 2003-R0018 adopting the Legislative Priorities for the
1081h United States Congressional Session.
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Regular City Council Meeting
January 9, 2003
Page 32
RESOLUTION NO. 2004-R0018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby adopts legislative priorities
for the 1081h United States Congress for the purpose of defining the position of the City
of Lubbock. Said Legislative priorities are attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of City Council.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Director of Communications and Legislation
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
Federal Legislative priorities for the 108th Congress will be discussed and
prioritized by the Lubbock City Council at the January 8, 2003 Council
meeting.
Tony Privett, Director of Communications and Legislation, presented a list
of legislative priorities and gave staff comments.
Don Vandiver, First Assistant City Attorney, spoke to Council as a citizen.
He stated that he had collected military firearms and sidearms for over
forty years. He had written the prior Council after thinking about a
military small arms museum to build some synergy for the Silent Wings
Museum and the Texas Tech Library and Vietnam Library. He met with
Mayor Sitton, Mayor Pro Tern Cooke and other council members. Mr.
Vandiver also spoke with the Airport Director, who indicated space south
of the Silent Wings Museum would be appropriate space for this.
Mr. Vandiver proposed to provide exhibits, run the museum, hire
employees and the City of Lubbock will provide the building. The gate
will be split fifty/fifty once it is opened.
Mayor Pro Tern Hernandez asked if Mr. Vandiver was requesting that a
third bullet be added under Museums Funding for a small arms museum?
Mr. Vandiver stated that was correct.
Council Member Boren asked that a third bullet be added to the Museum
Funding category. He also directed City Manager Cass to work with Mr.
Vandiver to help set up this museum.
Council Member Martin stated he thought top priority should be given to
roads, streets and transportation projects.
Council Member Morrison stated he felt these all were appropriate issues
to be pursuing, but did not feel he could at this time prioritize these items.
Mayor Pro Tem Hernandez and Council Member Boren agreed.
Council discussed matters and asked items to be amended. A copy of the
amended items is attached to Resolution No. 2002-R0018.
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Regular City Council Meeting
January 9, 2003
Page 33
Staff recommended approval of this resolution.
After discussion, motion was made by Council Member Boren, seconded
by Council Member Morrison to pass Resolution No. 2002-R0018 as
amended. Motion carried: 4 Yeas, 0 Nays.
(39.) Resolution No. 2003-R0019 authorizing the Mayor to sign and to
encourage all West Texas City and County governments' support for
regional legislative cooperation.
RESOLUTION NO.2003-R0019
WHEREAS: West Texans have traditionally valued regional cooperation and exemplify
the spirit of friendship, of goodwill, and of being a good neighbor in their commitment to
our region; and,
WHEREAS: Common West Texas interests such as agriculture, cattle, oil and gas,
transportation, education, economic development, and protecting and conserving precious
water resources bind together our region and join us together in an advocacy for our
many common goals; and,
WHEREAS: The loss of political strength on the State and Federal level creates concern
and the need to reaffirm our solidarity on common goals and issues that face all cities,
towns, and communities across West Texas; and,
WHEREAS: With the Texas Legislative Session now underway and with an increasing
need to have a strong voice in Washington, D. C. regarding issues that will affect the
future of West Texas, regional solidarity and cooperation are of paramount importance,
NOW, Therefore, we the City of Lubbock, Texas do hereby express our intention to
support those efforts that foster regional cooperation and we encourage other City
Councils and County Commissions to join us in collectively seeking regional solutions to
issues that affect the interests of West Texas.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby adopts this resolution
supporting regional cooperation in all legislative matters.
Passed by the City Council this 9th day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Director of Communications and Legislation
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
Mayor Marc McDougal has made regional legislative cooperation a
priority with both state and federal issues. He has met with numerous area
Mayors and Council members, and has pledged to work with each City to
seek common ground with legislative issues. The Mayor asked that
Council consider this resolution. If passed, he plans to encourage all area
City and County governments to consider passing it.
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Regular City Council Meeting
January 9, 2003
Page 34
Tony Privett, Director of Communications and Legislation, gave staff
comments.
Staff recommended approval of this resolution
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass Resolution No. 2002-R0019 as recommended by
staff. Motion carried: 4 Yeas, 0 Nays.
The next item considered was Item 1.
EXECUTIVE SESSION
Mayor Pro Tern Hernandez 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 Attorney; City Manager; City Secretary;
Assistant City Managers; Managing Directors); to deliberate, vote and
take final action on electric rates of Lubbock Power and Light; to discuss
and deliberate a competitive matter regarding the strategies, goals, funding
and strategic purpose of the City of Lubbock's relationship with and
membership in the West Texas Municipal Power Agency (Electric
Utilities); pending or contemplated litigation (Business and Neighborhood
Development; City Manager/Gas Utility; Police Department; Water
Utilities); personnel matters regarding duties, responsibilities, and/or
appointments (Boards and Commissions); and to deliberate the purchase,
exchange, lease, or value of real property (Cemetery Department; Parks
Department; Water Utilities).
10:43 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present except Mayor McDougal and
Council Members Cooke and Patterson.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary; Assistant City Managers;
Managing Directors).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West
Texas Municipal Power Agency.
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Business and Neighborhood Development; City
Manager/Gas Utility; Police Department; Water Utilities).
(4.) 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:
Community Development & Services Board
Community Relations Commission
Libraries Board
Youth Commission —Students
(5.) 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 (Cemetery Department; Parks Department;
Water Utilities).
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Regular City Council Meeting
January 9, 2003
Page 35
3:00 P. M. EXECUTIVE SESSION RECESSED
3:04 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, upon Council
Member Boren making motion to adjourn, Council Member Martin
adjourned the meeting.
Read and approved this .1 �-* day of OAbLK , 2005.
UGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
35