HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 13, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of February, 2003, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:35 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Tom Martin, Council
Member Frank W. Morrison, Council Member T.J. Patterson
Absent: Council Member Cooke
CITIZEN COMMENTS
Three citizens expressed comments to the Council. They were:
0.) Arthur Evans and Catherine Evans appeared to request a street -use
license for the use of a City street for a wood and brick fence
encroachment (4622 71h Street).
Dr. and Mrs. Evans own the residential property at the northeast corner of
7th Street and Toledo Avenue in the Rushland Park Addition. The east
side of Toledo Avenue contains a 9-foot wide parkway and the Evans
desire to erect a wood and brick security fence 2.5 feet west of their
property line in the right-of-way of Toledo Avenue. This fence will be 2
feet in width and 165 feet in length for a total area occupied of 330 square
feet. This fence will be built on top of an existing landscaping brick
border to avoid several existing trees on their property line.
As a matter of policy, staff does not recommend granting street use
licenses in residential areas. Staff recommended a Council finding that this
is a unique situation setting no precedent. Council directed staff to bring
back a policy on encroachments with an action item on it.
(2.) Ruth Sheetrit, President of Sheetrit Media Group, the Public
Relations agency for ALON, will present a concept for a community
art project in Lubbock for promotion of payments at gas stations
using cellular phones.
Ms. Sheetrit was not present. This item was deleted.
(3.) Diane Harland spoke concerning paving assessments, which was
addressed as Item 51 on this agenda. She wanted to thank the
Council for agreeing to again look at the changes voted in at the
second reading on this matter.
(4.) Joe Anderson spoke to Council referencing a claim he had filed with
the City. Council directed staff to look into this matter.
EXECUTIVE SESSION
Mayor McDougal stated the Council would hold an executive session
today for the purpose of consulting with the City staff with respect to
personnel, competitive matters of the public power utility, pending or
contemplated litigation, and to deliberate the purchase, exchange, lease, or
value of real property as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meeting Law.
8:02 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
All Council Members were present except Council Member Cooke.
City Council/City Manager's Conference Room
Regular City Council Minutes
February 13, 2003
Page 114
(3•) 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).
(4.) 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
operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans
and studies 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;
to discuss and deliberate a competitive matter regarding
operation and purchasing procedures of Lubbock Power and
Light;
to deliberate, vote and take final action on a competitive
matter regarding wholesale energy enabling agreements
between the City of Lubbock and Golden Spread Electric
Cooperative, Inc. and ConocoPhillips, Inc.
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Fire Department; Planning Department; Water Utilities;
Zoning Board of Adjustment).
(6.) 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 Relations Commission
Libraries Board
Youth Commission —Students
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Water Utilities).
A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
Work Session was deleted.
( 7A.) Receive report on the audit of the West Texas Municipal Power
Agency.
This item was deleted.
9:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Council Member Tom Martin, Council
Member Frank W. Morrison, Council Member T. J. Patterson; Bob
Cass, City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
Absent: Council Members Boren and Cooke
Mayor McDougal called the meeting to order at 9:42 A.M.
(8.) Invocation by Father James Haney, Senior Pastor, St. Christopher's
Episcopal Church
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( Page
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
9:50 A.M. Council Member Boren arrived.
CITIZEN APPEARANCES
(10.) Presentation of Government Finance Officers Association (GFOA)
Distinguished Budget Award Presentation for the 2001-02 City of
Lubbock Budget Document.
The Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award is the one of the highest forms of recognition
by the organization. The award reflects the commitment of the governing
body and staff to meet the highest principles of governmental budgeting.
In order to receive the budget award, the City of Lubbock had to satisfy
nationally recognized guidelines for effective budget presentation. Budget
documents must be rated "proficient" in all four of the following
categories to receive the award:
♦ A policy document
♦ A financial plan
♦ An operations guide; and
♦ A communication device
The award is valid for a period of one year and must be applied for during
each fiscal year. With receipt of this award, it will be the eighteenth year
the City of Lubbock Budget and Research Department has received this
award.
Cynthia Alexander, Finance Director for the City of LaPorte, presented
GFOA's Distinguished Budget Presentation Award to the City of Lubbock
for its 2001-02 budget. Representatives of the Budget and Research
Department accepting this award were Melissa Trevino, Irma Martinez,
Randall Brown, Shelley Goodnight, Josh Selleck and Scott Bollin.
(11.) Presentation of a Special Recognition to designate February 16-22,
2003 as Engineers Week and to recognize the contributions of
engineers across the South Plains in regards to the safety, health, and
welfare of the public.
President Bush has proclaimed the week of February 16-22, 2003 as
National Engineers Week in the United States. Founded in 1951 by the
National Society of Professional Engineers and sponsored by more than
100 engineering, scientific, and education societies and major
corporations, National Engineers Week is dedicated to increasing public
awareness and appreciation of engineers and to encouraging pre -college
interest in science, technology, and engineering. National Engineers Week
is celebrated annually by thousands of engineers, engineering students,
teachers, and leaders in government and business.
A Special Recognition was presented to the South Plains Chapter of the
National Society of Professional Engineers to recognize February 16-22 as
Engineers Week. Greg Horne and John Hamilton with Parkhill, Smith and
Cooper, Stacey Young with the Texas Department of Transportation, and
Marcus Borhani with X-Fab were in attendance to accept the Special
Recognition.
CONSENT AGENDA (Nos. 12-24, 26-27, 29-37)
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to approve Items 12-24, 26-27, 29-37) on consent
agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(12.) Approval of the minutes of the Regular City Council Meeting of
January 23, 2003
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(13.) ORDINANCE #2003-00018—Abandoning and closing a portion of
2"d Place lying south of and adjacent to Lot 1-A Kimbell Addition, a
portion of 3rd Street lying south of and adjacent to Blocks 2 & 3, Liff
Sanders Addition, a portion of Avenue G lying east of and adjacent to
Lots 12-14, Block 1 and Lots 8-14, Block 2, Liff Sanders Addition, a
portion of Avenue F lying east of and adjacent to Block 3, Liff
Sanders Addition, the 20-foot alley lying east of and adjacent to Lots
1-3, Block 1, Liff Sanders Addition, the 20-foot alley lying east of and
adjacent to Lots 1-7, Block 2, Liff Sanders Addition, and the 20-foot
alley lying south of and adjacent to Lots 1-6, Block 3, Liff Sanders
Addition to the City of Lubbock (220 Avenue G) (second and final
reading.
ORDINANCE NO.2003-00018
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20
FOOT ALLEY LOCATED IN BLOCK 132, OVERTON ADDITION AND A
PORTION OF 5Tx 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.
This ordinance was read as a routine consent agenda item at the February
28, 2002 City Council meeting.
The Right -of -Way Department recommended the second reading of this
ordinance.
(14.) ORDINANCE #2003-00003—Abandoning and closing a temporary
30-foot drainage easement located in Section 36, Block A-K, Lubbock
County, Texas (6201 Spur 327) (second and final reading).
ORDINANCE NO.2003-00003
AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY DRAINAGE
EASEMENT LOCATED IN SECTION 36, BLOCK A-K, 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 PUBLICATON.
(15.) ORDINANCE #2003-00004—ZONE CASE NO. 2124-B (southwest
corner of 82°d Street and Avenue U): Request of Craig Wallace
Construction for Steve Halpain for a zoning change from GO to A-1
for quadruplexes on an unplatted 0.96-acre tract of land out of
Section 9, Block E (second and final reading).
ORDINANCE NO. 2002-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2124-B; A ZONING CHANGE FROM GO TO A-1
ZONING ON AN UNPLATTED 0.96-ACRE TRACT OF LAND OUT OF SECTION 9,
BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(16.) ORDINANCE #2003-00005—ZONE CASE NO. 2118-W (82"d Street
east of Slide Road): Request of Coldwell Banker Commercial for
Sheridan's Lubbock Inc. for a zoning change from C-2 to C-4 limited
to a drive -through restaurant and all permitted C-2 uses on an
unplatted 0.87-acre tract of land out of Section 15, Block E-2 (second
and final reading).
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February 13, 2003
Page 117
ORDINANCE NO. 2003-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2118-W; A ZONING CHANGE FROM C-2 TO C-4
ZONING LIMITED TO DRIVE -THROUGH RESTAURANT AND ALL PERMITTED
C-2 USES, ON AN UNPLATTED 0.87-ACRE TRACT OF LAND OUT OF SECTION
15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(17.) ORDINANCE #2003-00006—ZONE CASE NO. 2957 (south of 1081n
Street and east of Indiana Avenue): Request of Rollo Gurss for Gurss
Properties for a zoning change from T to R-1 Specific Use for garden
homes and R-2 Specific Use for duplexes, both with 15-foot front
setback, 5-foot front setback on cul-de-sac lots with a minimum 20-
foot front setback for garages, and a 5-foot side setback for lots
adjacent to a street on an unplatted 21.92-acres tract of land out of
Section 19, Block E-2 (second and final reading).
ORDINANCE NO. 2003-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2957; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES,
ON AN UNPLATTED 21.92-ACRE TRACT OF LAND OUT OF SECTION 19,
BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #2003-00007—ZONE CASE NO. 2437-F (north of
82"d Street and east of Huron Avenue): Request of Coldwell Banker
Commercial for Steve Cox for a zoning change from A-2 to C-2
Specific Use for a shopping center on an unplatted 1.13-acres tract of
land out of Section 29, Block AK (second and final reading).
ORDINANCE NO. 2003-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-F; A ZONING CHANGE FROM A-2 TO C-2
SPECIFIC USE FOR A SHOPPING CENTER ON AN UNPLATTED 1.13-ACRE
TRACT OF LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(19.) ORDINANCE #2003-00008—ZONE CASE NO. 2959 (west of
Milwaukee Avenue around 9th Street): Request of Hugo Reed and
Associates for Dub Mantooth for a zoning change from R-1 to R-1
Specific Use for garden homes and R-2 Specific Use for duplexes, both
with 15-foot front setbacks, 5-foot front setback on cul-de-sac lots
with a minimum of 20-foot front setback for garages and 5-foot side
setback on side yards adjacent to a street on an unplatted 11.5-acres
tract of land out of Section 10, Block JS (second and final reading).
ORDINANCE NO. 2003-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2959; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR GARDEN HOMES AND R-2 SPECIFIC USE FOR DUPLEXES,
ON AN UNPLATTED 11.5-ACRE TRACT OF LAND OUT OF SECTION 10, BLOCK
JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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(20.) ORDINANCE #2003-00009—ZONE CASE NO. 2936-A (west of
Quaker Avenue and north of 112th Street): Request of Henry L.
Huneke for H.A. Sessions for a zoning change from GO to R-1
Specific Use for garden homes with 5-foot front setback on cul-de-sac
lots with a minimum 20-foot front setback for garages and 5-foot side
setback on the side yards adjacent to a side street on an unplatted
9.52-acres tract of land out of Section 16, Block E-2 (second and final
reading).
ORDINANCE NO.2003-00009
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2936-A; A ZONING CHANGE FROM GO TO R-1
SPECIFIC USE FOR GARDEN HOMES ON AN UNPLATTED 9.52-ACRE TRACT
OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(21.) ORDINANCE #2003-00010—ZONE CASE NO. 2555-A (north of
106th Street and west of Quaker Avenue): Request of Hugo Reed and
Associates for Lubbock Legacy Homes for a zoning change from A-2
limited to a church and T to R-2 Specific Use for duplexes with 15-
foot front setback on standard lots and a 5-foot setback on cul-de-sac
lots with a minimum 20-foot front setback for garages and 5-foot side
setback on side yards adjacent to a street on 1.6-acres and 7.8-acres
tracts of land out of Section 16, Block E-2 (second and final reading).
ORDINANCE NO. 2003-00010
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2555-A; A ZONING CHANGE FROM A-2 LIMITED
TO A CHURCH AND T TO R-2 SPECIFIC USE FOR DUPLEXES ON 1.6-ACRE
AND 7.8-ACRE TRACTS OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(22.) ORDINANCE #2003-00011—ZONE CASE NO. 2706-A (northeast
corner of Loop 289 and Avenue P): Request of Bill Cox for MFHL
Corporation for a zoning change from A-1, C-2A, C-4, and C-4
Specific Use to AM on an unplatted 4.29-acres tract of land for a
living and learning center and to IHC on an unplatted 7.76-acres tract
of land out of Section 5, Block E (second and final reading).
ORDINANCE NO. 2003-00011
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2706-A; A ZONING CHANGE FROM A-1, C-2A, C-4
and C-4 SPECIFIC USE TO AM ZONING ON AN UNPLATTED 4.29-ACRE TRACT
OF LAND AND TO IHC ZONING ON AN UNPLATTED 7.76-ACRE TRACT OF
LAND OUT OF SECTION 5, BLOCK E, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(23.) ORDINANCE #2003-00012—ZONE CASE NO. 2958 (south of 82nd
Street and east of Avenue U): Request of the Texas Tech Foundation
for zoning change from T to A-1 for apartments on an unplatted
20.92-acres tract of land out of Section 9, Block E (second and final
reading).
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Page 119
ORDINANCE NO. 2003-00012
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2958; A ZONING CHANGE FROM T TO A-1 FOR
APARTMENTS ON AN UNPLATTED 20.92-ACRE TRACT OF LAND OUT OF
SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS,
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(24.) ORDINANCE #2003-00015—Amending Chapter 14, Article XII of
the Lubbock Code of Ordinances, entitled "False Alarms" (second
and final reading).
ORDINANCE NO. 2003-00015
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XII OF THE CITY
OF LUBBOCK CODE OF ORDINANCES, ENTITLED "FALSE ALARMS," BY
EXPANDING THE SCOPE OF ARTICLE XII TO INCLUDE DURESS ALARMS
AND PANIC ALARMS; LIMITING THE TIME PERIOD IN WHICH A PERSON
SHALL BE REQUIRED TO OBTAIN A PERMIT AS A RESULT OF FALSE
ALARM NOTIFICATIONS; REQUIRING AN APPLICANT FOR AN ALARM
PERMIT TO VERIFY HIS IDENTITY; PROVIDING A MORE EFFICIENT AND
LESS RESTRICTIVE MEANS OF NOTIFYING AN APPLICANT FOR A PERMIT
THAT SUCH PERMIT HAS BEEN APPROVED; AND CLARIFYING THE
REQUIREMENTS FOR REINSTATEMENT OF A PERMIT BY THE CHIEF OF
POLICE AND THE AFFECT REINSTATEMENT HAS UPON HOW SERVICE
FEES ARE CALCULATED.
(25.) Ordinance No. 2003-0 abandoning and closing a portion of
Avenue N adjacent to Block 128, Original Town Addition, and an
alley located in Block 128, Original Town Addition to the City of
Lubbock (1502 131h Street) (first reading).
This item was deleted.
(26.) Ordinance No. 2003-00017 abandoning and closing a portion of
Geneva Avenue and 2"d Place adjacent to Block 1, Westhaven
Addition, and a 10-foot utility easement and a 30-foot utility and
garbage collection easement located in Block 1, Westhaven Addition
to the City of Lubbock (3212 2"d Place) (first reading).
ORDINANCE NO.2003-00017
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
GENEVA AVENUE AND 2ND PLACE ADJACENT TO BLOCK 1, WESTHAVEN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A
10-FOOT UTILITY EASEMENT AND A 30-FOOT UTILITY AND GARBAGE
COLLECTION EASEMENT LOCATED IN BLOCK 1, WESTHAVEN ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 36,789 square foot portion of
Geneva Avenue and 2"d Place and a 10-foot utility easement and a 30-foot
utility and garbage collection easement in and adjacent to Block 1,
Westhaven Addition, for replat and building purposes. Requestor of these
closures is Royal Texas Tennessee L.P., who owns the Raider Pass
Apartments at 3120 4th Street. They are dedicating new easements to
replace the ones being closed, but will be charged for the street and avenue
closure since they are dedicating only a cul-de-sac area (5,340.30 square
feet) in the replat. The Right -of -Way Department has valued 50% of this
street area being closed at an apartment rate of $1.82 per square foot and
50% at a residential rate of $00.30 per square foot for a total due the City
of $33,335.63. Staff required that the requestor contact the adjacent
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Page 120
property owners in the area of the replat who would be affected by the
closures and no negative response was received.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(27.) Resolution No. 2003-R0055 authorizing the Mayor to execute an
agreement with The Burlington Northern and Santa Fe Railway
Company abandoning a mineral reservation and access reservation
for mineral exploration and an easement for pipeline and fiber optic
communication lines in the section of former railroad right-of-way
required for the Marsha Sharp Freeway (University Avenue and the
Brownfield Highway to Milwaukee Avenue and the Brownfield
Highway —US 62/82).
RESOLUTION NO.2003-R0055
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with the
Burlington Northern and Santa Fe Railway Company for abandoning a mineral
reservation and access reservation for mineral exploration and an easement for pipeline
and fiber optic communication lines in the section of former railroad right-of-way
required for the Marsha Sharp Freeway and all related documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 13th day of February, 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/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0055.
In March of 1990, the Atchison, Topeka and Santa Fe Railway Company,
known today as The Burlington Northern and Santa Fe Railway Company
(BNSF), conveyed to the American Railway Corporation of Texas, known
today as the West Texas & Lubbock Railroad Company (WT&LR), their
railroad spur track from Lubbock to Seagraves. In this conveyance, BNSF
reserved the minerals and a reservation for access for mineral exploration
and an easement for the construction and maintenance of one or more
pipelines or fiber optic communication lines. As part of the Marsha Sharp
Freeway acquisition and the City's Railroad Relocation Project, the West
Texas and Lubbock Railroad Company agreed to convey to the Texas
Department of Transportation the section of this railroad spur track in
exchange for the new railroad constructed around West Lubbock. This
section is from University Avenue and the Brownfield Highway to
Milwaukee Avenue and the Brownfield Highway, a distance of
approximately six miles.
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At the June 20, 2000 City Council meeting, the City Council approved an
agreement with the West Texas & Lubbock Railroad Company and the
Texas Department of Transportation and at the end of June 2000, the
Railroad conveyed to TxDOT this six miles of railroad right-of-way. The
new railroad route has been completed and is being used by the railroad.
Removal of the railroad tracks from the six miles of right-of-way has been
completed. TxDOT will soon start construction on a portion of the
Freeway in West Lubbock.
As part of this agreement of June 20, 2000, the City agreed to negotiate
with BNSF for the release of their reservation of minerals, access for
mineral exploration, and reserved easement for pipelines and fiber optic
cables in this six -mile stretch of the old railroad right-of-way. Working
with TxDOT, BNSF has agreed to accept $10,000 as the amount to release
these reservations. A sufficient amount of funds was put in escrow with
Lubbock Title Company in the June 2000 closing with the West Texas &
Lubbock Railroad Company to take care of this.
The resolution and agreement placed before the City Council today with
the Burlington Northern and Santa Fe Railway Company allowed BNSF to
release their reservations and easements for $10,000 and TXDOT can
begin construction on a portion of the former railroad right-of-way.
The Right -of -Way Department recommended approval of this resolution.
(28.) Resolution No. 2003-R authorizing the Mayor to execute a
Ratification of Agreement entitled Declaration of Pooled Unit
Lubheirs Coop #20 Unit with Texland Petroleum, Inc. in Section 5,
Block A, Lubbock County, Texas (1302 North Guava Avenue).
This item was deleted.
(29.) Resolution No. 2003-R0056 authorizing the Mayor to execute two
Texas Parks and Wildlife Department Certificate of Land Dedications
for two tracts of land at McAlister Park (6002 Spur 327).
RESOLUTION NO. 2003-R0056
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 Texas Parks and Wildlife
Department Certificate of Land Dedication regarding (i) Lubbock Southwest Regional
Park, Project Number 20-00099; and (ii) Lubbock Bill McAlister Park, Project Number
50-00303. Said Certificates 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.
Passed by the City Council this 13th day of February, 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/ Richard K. Casner
Natural Resources Attorney
A copy of the Certificates is filed with Resolution No. 2003-R0056.
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Recently, the City acquired two tracts of land totaling 6.82 acres at the
southeast corner of McAlister Park for the Milwaukee Avenue land
conversion project and to qualify for a Texas Parks and Wildlife (TP&W)
grant. To complete the conversion project, TP&W requires that the City
complete these Certificates of Park Dedication. The first certificate,
Project Number 20-00099 Lubbock Southwest Regional Park, dedicated
the 5.82-acres tract for public park and recreation use. The second
certificate, Project Number 50-00303 Lubbock Bill McAlister Park,
dedicated the 1.00-acre tract for public park and recreation use.
The Right -of -Way Department recommended approval of this resolution.
(30.) Resolution No. 2003-R0057 accepting partial paving improvements
constructed by Lone Star Dirt and Paving Inc., in Lakeridge Estates
South, Lots 1-68 and Tract A-1.
RESOLUTION NO. 2003-R0057
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1 - 68 and Tract A-
1, Lakeridge Estates South, made arrangements with Lone Star Dirt and Paving
Contracting, Ltd. for the construction of paving improvements on certain streets and
avenues dedicated in said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of the above -mentioned addition, including the
following streets and avenues:
Savannah Avenue from 7 feet south of the alley south of 100th Street to the south
lip line of 98th Street.
Toledo Avenue from the north lip line of 99th Street to the south lip line of 98th
Street.
Topeka Avenue from the southeast end of radius of Topeka Avenue and 99th
Street to the south lip line of 98th Street.
100th Street from 7 feet east of the alley east of Utica Avenue to the west lip line
of Savannah Avenue.
99th Street from the southeast end of radius of Topeka Avenue to the west lip line
of Savannah Avenue.
99th Street from the east lip line of Savannah Avenue to 7 feet east of the alley
east of Savannah Avenue; and
WHEREAS, construction of the curb and gutter only has been completed on the
above named streets but the contractor desires partial reimbursement for the portions of
the construction as stages of the construction are completed; and
WHEREAS, the construction of the curb and gutter improvements on the streets
and avenues in the above named was performed under the supervision of the City
Engineer, and said improvements have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Engineer is hereby authorized to refund a portion of
the cash bond deposited with the City by the Developer, in the amount of $37,068.77,
said amount being equal to the value of the portion of construction completed on the
above named streets and avenues.
SECTION 2. THAT the City Engineer be and is hereby authorized to refund
additional partial refund payments on the cash bond to the Developer on a monthly basis
in amounts reflecting the additional portions of the paving improvements having been
constructed and approved as being in accordance with City specifications and in
accordance with the provisions of Chapter 25 of the Lubbock Code of Ordinances until
such time as the construction is complete and the cash bond fully refunded.
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SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 13th day of February, 2003.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT
/s/ Larry Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
This is a partial acceptance of paving improvements required at the time of
platting this new subdivision. These improvements consist of curb and
gutter on:
• Savannah Avenue from the alley south of 100`h Street to 981h
Street.
• Toledo Avenue from 99`h Street to 98`h Street.
• Topeka Avenue from 99`h Street to 98`h Street.
• 100`h Street from the alley east of Utica Avenue to Savannah
Avenue.
• 99`h Street from Topeka Avenue to Savannah Avenue.
• 99`h Street from Savannah Avenue to the alley east of Savannah
Avenue.
The City Code of Ordinances relative to the platting of new subdivisions
required the developer to provide for the paving improvements prior to
filing the plat. The developer may provide for those paving improvements
by construction, by a bank letter of credit, or cash bond. The developer of
this subdivision elected to place a cash bond with the City in the amount
of $318,859.81, which was deposited into a prepaid paving account.
A portion of the developer's cash bond in the amount of $37,068.77,
equivalent to the value of the improvements constructed, will be refunded
from the prepaid paving account to the developer upon this acceptance.
Section 2 of this resolution authorized the City Engineer to make
additional refund payments on a monthly basis reflecting the additional
portions of the paving improvements having been constructed, until the
construction is complete and the cash bond is fully refunded.
Staff recommended approval of this resolution.
(31.) Resolution No. 2003-R0058 authorizing an amendment to the Request
for Proposals #225-01/RW professional services contract payment
structure for physicals and drug/alcohol screening executed on August
29, 2002, between the City of Lubbock and OccMed Associates, LP.,
Subsection II(d) of the original contract pertaining to payment be
amended to read as follows: "Payor agrees to pay Providers, including
Dmitry Golovko, MD, PA, as co -payee."
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RESOLUTION NO.2003-R0058
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment to the Employment
Physical Examinations and Drug Alcohol Screening professional services contract
executed on August 29, 2002, between the City of Lubbock and OccMed Associates, LP,
and any associated documents, a copy of which Amendment is attached hereto and which
shall be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 13th day of February, 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/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
A copy of said Amendment is filed with Resolution No. 2003-R0058.
On July 1, 2002, Covenant closed its I-27 Occupational Medicine Clinic
due to reorganization. As a result of their reorganization, Covenant could
not service all requirements of the City's occupational medicine needs
after terminating their only Board Certified Occupational Medicine
Physician. In accordance with Article 1I, Section B, of the contract
document, on July 22, 2002, an official 90-days contract cancellation
notification letter was sent to Covenant. Via an email document dated July
24, 2002, Amy New, Covenant's Contract Manager, authorized the City to
immediately begin utilizing OccMed Associates for all of its occupational
medicine needs. As there were no other vendors in Lubbock who could
provide all services outlined in Covenants original RFP contract executed
between the City of Lubbock and Covenant on December 13, 2000, on
August 29, 2002, the City Council executed a one-year contract with
OccMed Associates, LP under the City's "sole -source" provision.
Funding is available in the fiscal year 2002/2003 budget, per cost center.
Staff recommended approval of this resolution. It was staff s
recommendation that Subsection II(d) of the original contract pertaining to
payment be amended to read as follows: "Payor agrees to pay Providers,
including Dmitry Golovko, MD, PA, as co -payee."
(32.) Resolution No. 2003-R0059 authorizing the Mayor to execute the
proposal for the Lubbock Housing Authority Greenfair
Infrastructure program for $10,000 and all related documents to the
U.S. Department of Housing and Urban Development under the
Community Development Block Grant (CDBG) Program.
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RESOLUTION NO.2003-R0059
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 proposal for the
Lubbock Housing Authority Greenfair Infrastructure Program in the amount of
$10,000.00 to the U.S. Department of Housing and Urban Development under the
Community Development Block Grant (CDBG) Program.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
The City Council held a public hearing on the reallocation of CDBG funds
on January 23, 2003. At this hearing, the Council heard the Community
Development Advisory Board's recommendations. Council approved the
recommendation with the one change of giving $10,000 to the LHA from
the street paving. This resolution allows us to forward the final results to
the Department of Housing and Urban Development.
Staff recommended approval of the resolution.
(33.) Resolution No. 2003-R0060 to reimburse bond -funded capital
expenditures on general-purpose improvements, with proceeds of
future debt.
RESOLUTION NO.2003-R0060
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for general
purpose improvements for said City (the "Project"), and further intends to make certain
capital expenditures with respect to the Project and currently desires and expects to
reimburse such capital expenditures with proceeds of such debt; and
WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its
expectation to make such reimbursements; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital
expenditures with proceeds of tax-exempt obligations.
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with
respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer, and
that this resolution shall constitute a declaration of official intent under the Regulation.
The maximum principal amount of obligations expected to be issued for the Project is
$11,885,000.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges
Managing Director of Finance
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
Capital projects recommended by the Citizen Advisory Committee,
amounting to approximately $37.4 million, were approved in the
September 18, 1999 bond election. The fourth and final phase of these
projects will be funded in the 2002-03 fiscal year.
City Council will consider any budgeted amount of construction projects
to be financed with bond proceeds. The bond proceeds are not expected to
be delivered until summer 2003. For authorized construction projects,
there may be design and engineering costs incurred prior to delivery of the
bond proceeds in order that the projects may be completed within
prescribed time frames. The City must declare its intent to reimburse
bond funded construction costs that are incurred prior to the bond issuance
for the costs to be eligible for reimbursement with bond proceeds.
This resolution allows reimbursement of authorized costs incurred in
advance of the bond issuance in order that projects may be completed
within prescribed timeframes. Staff recommended approval of this
resolution to reimburse no more than $11,885,000.
(34.) Resolution No. 2003-110061/13I1) #272-02/RS—for Tech Terrace Park
Irrigation (Park Development).
RESOLUTION NO.2003-R0061
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 Tech Terrace
Park irrigation, by and between the City of Lubbock and Diversified Sub -Surface
Irrigation, Inc. of Lubbock, Texas and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
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Page 127
Passed by the City Council this 13th day of February, 2003.
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
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of February, 2003, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and DIVERSIFIED SUB -SURFACE IRRIGATION, INC., of the City of
Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID ITB #272-02-RS — TECH TERRACE PARK IRRIGATION SYSTEM -
$129,9803.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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Page 128
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ «CorpSecretar»
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Diversified Sub -Surface Irrigation, Inc.
By: /s/ Derrick Archer
PRINTED NAME: Derrick Archer
TITLE: Landscape Irrigation Manager
COMPLETE ADDRESS:
Diversified Sub -Surface Irrigation, Inc.
3232 Slaton Highway
Lubbock, Texas 79404
This project will provide an automated irrigation system to replace the
manual system at Tech Terrace Park. The existing "quick -coupler"
system requires manual installation and removal of sprinklers each time
the park is to be watered. Located at 23`d and Flint, the Tech Terrace Park
is an 18-acres park that has an existing walking track on the back of the
curb. The new irrigation system, which will be a relatively easy
installation, is funded by the 1999 General Obligation Bond election. The
project responds to the high priorities established in the 1998 Lubbock
Comprehensive Park, Recreation and Open Space Master Plan.
The low bid is $129,980 from Diversified Sub -Surface Irrigation of
Lubbock, Texas and is within the Irrigation/Lighting Automation Project
budget. Time for completion of this project is 90 days and liquidated
damages are $250 per day. Twenty-two local contractors were invited to
submit bids for this project.
(35.) Resolution No. 2003-R0062/BID #274-02BM—for Protective Bunker
Gear —Annual Pricing (Fire Department).
RESOLUTION NO.2003-R00K-2
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
protective bunker gear - annual pricing, by and between the City of Lubbock and Fire
Gear, Inc. of Grand Junction, Colorado 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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Passed by the City Council this 13th day of February, 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
A copy of the Letter of Award is filed with Resolution No. 2003-R0062.
This bid establishes firm pricing for a period of one year for the purchase
of fire fighter protective bunker gear. Four bids were received and
evaluated by Raul Salazar and Bill Thomas of the Lubbock Fire
Department. The bids were examined based on price and adherence to
specifications. Specifications were developed to reflect a compilation of
design and material attributes that would provide the most advanced
protection and comfort for personnel. Data was collected from research
acquired from a committee of Lubbock Fire Department personnel who
examined and field-tested major lines of brand name gear. Due to the
extreme conditions to which this gear is normally subjected, the protective
performance of the sets begins to diminish, failing at various rates in time
depending upon the activity of the fire fighter. As a result, efforts are
focused on replacing one-third of inventory annually in order to preclude
compromising the safety of the fire fighter and to alleviate the financial
burden of a large single acquisition of all gear in a given year. This
purchase will furnish sets of pants and jackets aimed at removing
dangerously deteriorated gear currently in service.
Two firms submitted lower priced bids. DACO Fire Equipment, of
Lubbock, Texas submitted a bid for jackets only. The DACO
Representative failed to include pants in their bid pricing. Fire
Department specs specifically assert 80 +/- sets, which include a pant and
jacket. Consequently, DACO Fire Equipment withdrew their bid.
NAFECO of Odessa, Texas was "not quoted as specified" because their
product included 16 unacceptable exceptions to the required
specifications.
Low bid meeting all specifications is $71,452 from Fire Gear, Inc. of
Grand Junction, Colorado and is within the Bunker Gear Replacement
budget. Four local businesses were invited to submit bids for this
equipment.
(36.) Resolution No. 2003-110063/ BID #277-02BM—for Control Room &
Laboratory Rehabilitation —Water Treatment Plant (Water
Treatment).
RESOLUTION NO.2003-R0063
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 control
room & laboratory rehabilitation — water treatment plant, by and between the City of
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Page 130
Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of February, 2003.
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
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of February, 2003, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and WARDROUP & ASSOCIATES, INC., of the City of Lubbock, County of
Lubbock, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
ITB #277-02BM — CONTROL ROOM & LABORATORY REHABILITATION
-WATER TREATMENT PLANT - $122,523.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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Page 131
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Judy Anderson
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Wallace C. Wardroup
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Wardroup & Associates, Inc.
By: /s/ Dennis W. Wardroup
PRINTED NAME: Dennis Wardroup
TITLE: President
COMPLETE ADDRESS:
Wardroup & Associates, Inc.
4408 Brownfield Drive
Lubbock, Texas 79410
This bid is for the renovation of the Water Treatment Plant Operators Lab
and the Operations Control Room. The Operators Lab will be renovated
by replacing outdated and wom fixtures and furnishings. The Operations
Control Room, which is manned 24 hours per day and 7 days per week,
will be renovated by replacing worn and damaged flooring, console, and
windows. The renovated control room will meet ADA requirements.
The low bid is $122,523 from Wardroup and Associates, Inc. of Lubbock,
Texas and is within the Water Treatment Plant Optimization Project
budget. Time for completion of this project is 180 days and liquidated
damages are $300 per day. Seventy local contractors were invited to
submit bids for this project.
(37.) Resolution No. 2003-110064/13I1) #009-03/VK—for Municipal Lease -
Purchase Financing (Fleet Services).
RESOLUTION NO.2003-R0064
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 Municipal
Lease — Purchase Financing, by and between the City of Lubbock and SunTrust Leasing
Corporation of Towson, Maryland 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 132
Passed by the City Council this 13th day of February, 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 financing a three-year municipal lease/purchase of 35
police cars, related police car equipment, and related police car striping.
The financed amount for the three-year lease/purchase is $906,964.80.
This bid is also for financing a five-year municipal lease/purchase of two
125 HP motor graders, one 375 HP tractor, four 125 HP tractors, one 102
HP tractor, one self-propelled swather, one pull type scraper, two round
balers, and one center pivot system. The financed amount for the five-year
lease/purchase is $875,719.87.
The low bids for three-year and five-year financing are 2.15% and 2.35%,
respectively, from SunTrust Leasing Corporation of Towson, Maryland
with total interest payments of $60,516.64. The annual payment in
advance amount is $308,777.92 for three years and $183,373.51 for five
years. The interest rates provided by SunTrust are very favorable for the
three and five year payments. Currently, treasuries in the 2-5 year range
are earning between 1.92% and 3.03%. The annual payment is within the
Capital Outlay -Heavy Moveable Equipment budget. Forty-four local firms
were invited to submit bids for this item.
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.
ORDINANCES FOR PASSAGE
Second Reading
(38.) ORDINANCE #2003-00002—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 University Avenue and Avenue X
in the Overton Addition to the City of Lubbock (710 University)
(second and final reading; Mayor McDougal; Council Members
Patterson and Cooke absent on first reading).
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Page 133
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.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass on second and final reading Ordinance No.
2003-00002 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(39.) ORDINANCE #2003-00013—ZONE CASE NO. 2585-A (east of
University Avenue, west of Avenue X between 61h Street and 8`n
Street): Request of McDougal Construction for a zoning change from
C-4, C-3, C-3 Specific Use, AM, A-2, and R-3 to CB-2 Specific Use for
mixed use development on Tract B, proposed Overton Park Addition
(second and final reading; Mayor McDougal recused on first reading).
ORDINANCE NO. 2003-00013
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2585-A; A ZONING CHANGE FROM C-4, C-3, C-3
SPECIFIC USE, AM, A-2 AND R-3 TO CB-2 SPECIFIC USE FOR MIXED USE
DEVELOPMENT ON 5.88-ACRE TRACT OF LAND OUT OF PROPOSED
OVERTON PARK ADDITION, BLOCKS 130 AND 131, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass on second and final reading Ordinance No.
2003-00013 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
(40.) ORDINANCE #2003-00014—ZONE CASE NO. 2955 (2623 34tn
Street): Request of Lamar Outdoor Advertising for a zoning change
from C-3 to C-4 Specific Use to allow a billboard that will be closer
than 80 feet to a residential property on Lot 10, Block 1, Lisemby
Addition (second and final reading; Council Member Tom Martin
voted nay on first reading).
ORDINANCE NO. 2003-00014
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2955; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE TO ALLOW A BILLBOARD THAT WILL BE CLOSER THAN 80-
FEET TO A RESIDENTIAL PROPERTY ON LOT 10, BLOCK 1, LISEMBY
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION, PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to pass on second and final reading Ordinance No.
2003-00014 as recommended by staff. Motion carried: 5 Yeas, 1 Nay.
Council Member Martin voted Nay.
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(41.) ORDINANCE #2003-00016—Amending the FY 2002-03 Budget of
the City of Lubbock to increase the budget for the North Overton Tax
Increment Finance capital project in accordance with an existing
Developers Agreement (second and final reading; Mayor McDougal
and Council Member Victor Hernandez recused on first reading).
ORDINANCE NO. 2003-00016
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE
CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass on second and final reading Ordinance No.
2003-00016 as recommended by staff. Motion carried: 4 Yeas, 0 Nays.
Mayor McDougal and Council Member Hernandez recused themselves.
ADMINISTRATIVE SERVICES
Finance
(42.) Resolution No. 2003-R0065 to approve a revised Investment Policy
and Investment Strategy.
RESOLUTION NO.2003-R0065
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 (Chapter 2256 of the Texas
Govenment 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 (Chapter 2256 of the Texas Government Code); and
WHEREAS, on November 4, 1999, the City Council of the City of Lubbock
adopted Resolution #6600 which revised the City's investment policy so as to make
minor "housekeeping" changes and bring the current investment policy into compliance
with House Bill 3009; and
WHEREAS, on November 27, 2000, the City Council of the City of Lubbock
adopted Resolution #2000-R0418, 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 (chapter 2256 of the Texas Government
Code); and
WHEREAS, on November 8, 2001, the City Council of the City of Lubbock
adopted Resolution #2001-R0471, 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 (Ch. 2256 of the Texas 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 amend current practices and strategies and clarify current provisions,
which revisions comply with the Public Funds Investment Act (Chapter 2256 of the
Texas Government Code); 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.
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Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Beverly Hodges
Beverly Hodges
Managing Director of Finance
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
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 Investment Policy and
Investment Strategy has been updated to reflect changes as recommended
by the City's Investment Review Committee (IRC). The agenda back-up
information included a "red -lined" version of the Policy/Strategy to
highlight all changes that have been made at this time.
The City Manager has appointed members to the IRC, which is mandated
by the City's Investment Policy and Investment Strategy. The IRC has
reviewed the changes to the Investment Policy and Investment Strategy
and recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to pass Resolution No. 2003-R0065 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(43.) Resolution No. 2003-R BID #275-02BM-for Landscape
Improvements at LOA (Parks and Recreation).
This item was deleted.
(44.) Resolution No. 2003-110066BI1) #273-02/RS-for Ribble Park
Improvement (Park Development).
RESOLUTION NO.2003-R0066
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 Ribble
Park improvement, by and between the City of Lubbock and Saunders Construction, Inc.
of Lubbock, Texas and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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Page 136
Passed by the City Council this 13th day of January, 2003.
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
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of February, 2003, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and SAUNDERS CONSTRUCTION, INC., of the City of LUBBOCK, County
of LUBBOCK, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #273-02/RS — RIBBLE PARK IMPROVEMENT - $259,000.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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Page 137
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
SAUNDERS CONSTRUCTION, INC.
By: /s/ Kay Saunders
/s/ William de Haas
City Attorney PRINTED NAME: Kay Saunders
TITLE: Vice President
ATTEST:
Corporate Secretary COMPLETE ADDRESS:
Saunders Construction, Inc.
/s/ Wanda Kay Saunders 4405 Clovis Road
Lubbock, Texas 79416
This project will provide improvements for Ribble Park located at 62"d
and Temple. The improvements include a new walking track (there are no
existing paths at the park) and an automated irrigation system to replace
the manual system on the 22-acres park. The existing "quick coupler"
system requires manual installation and removal of sprinklers each time
the park is to be watered. In addition, the existing system provides
inadequate coverage. While part of the walking track will be behind the
curb, other parts will meander through the park and provide Americans
with Disabilities Act (ADA) access to existing picnic tables, benches and
playground. Therefore, the irrigation system is fairly complex, as it has
been designed around the existing amenities and the new track that will be
installed. The irrigation system is funded by the 1999 General Obligation
Bond election. The project responds to the high priorities established in
the 1998 Lubbock Comprehensive Park, Recreation and Open Space
Master Plan.
The low bid is $259,000 from Saunders Construction, Inc. of Lubbock,
Texas and is within the Ribble Park Improvements and Irrigation/Park
Lighting Automation budgets. The work to be performed by the
contractor on this project is within their area of expertise. Diversified
Subsurface Irrigation of Lubbock, Texas is the sub -contractor for the
irrigation portion of this project and has excellent references. Time for
completion of this project is 180 days and liquidated damages are $250 per
day. Twenty-two local contractors were invited to submit bids for this
project.
Victor Kilman, Purchasing Agent and Corbin Pemberton, Community
Projects Manager gave staff comments.
Staff recommended award of the bid to the bidder as indicated on the tab
sheets and award of the contract as shown on the resolution and that the
Mayor be authorized to execute all documents necessary for each
transaction.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to pass Resolution No. 2003-R0006 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
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Page 138
COMMUNITY SERVICES
Community Development
(45.) Resolution No. 2003-R0067 accepting the recommendation made by
the Community Development Services Board (CDSB) regarding a
policy change for the current Micro -Enterprise Loan Program.
RESOLUTION NO.2003-R0067
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts and adopts the
Micro -Enterprise Loan Program Policy for the Community Development Department.
Said Policy is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
The CDSB met on Wednesday, January 8 and discussed a policy change
for the Micro -Enterprise Loan Program. The current maximum loan
amount under the Micro Program is $15,000. The proposed policy change
would increase that maximum to $24,000.
When the program was first implemented, staff and the members of the
CDSB set a maximum loan amount that was relatively conservative in
nature. The collective thinking was that the loan maximum should be low
until the staff had some experience in providing a micro loan program.
The program now has a proven track record that spans more than 5 years.
Staff and the members of the CDSB have noticed that in many cases the
maximum loan amount of $15,000 was simply too little to adequately
assist the business owner. The Board feels that increasing the maximum
loan amount to $24,000 will allow the program to better serve the needs of
micro business owners in Lubbock.
Community Development recommended approval of this resolution.
Nancy Haney, Manager, Community Development, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez pass Resolution No. 2003-R0067 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(46.) Resolution No. 2003-R0068 authorizing and directing the Mayor for
and on behalf of the City of Lubbock to recognize the South Plains
Homeless Consortium (formerly Lubbock Homeless Consortium) as
Lubbock's representative for homeless issues.
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RESOLUTION NO.2003-R0068
WHEREAS, the South Plains Homeless Consortium is applying for membership
into the Texas Homeless Network; and
WHEREAS, the Consortium has been in existence for over ten years, and its
membership includes agencies such as the Salvation Army, SPAG, Community
Development, MHMR, South Plains Food Bank, and many others; and
WHEREAS, the purpose of the Consortium is to try and identify and assist the
homeless population, and to be an advocate; and
WHEREAS, the South Plains Homeless Consortium has reorganized and is trying
to become more active, the membership to the Homeless Network will better assist them
in completing their mission; and
WHEREAS, the City of Lubbock desires to endorse the South Plains Homeless
Consortium in order to assist in its efforts to apply for membership into the Texas
Homeless Network; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby recognize the South
Plains Homeless Consortium (formerly Lubbock Homeless Consortium) as Lubbock's
representative for homeless issues. 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.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
The South Plains Homeless Consortium is applying for membership into
the Texas Homeless Network. One of the criteria is an endorsement from
a local city or county entity. The Consortium has been in existence for
over ten years. The Consortium membership includes agencies such as the
Salvation Army, South Plains Association of Governments, Community
Development, Mental Health & Mental Retardation, South Plains Food
Bank, and many others. The purpose of the Consortium is to identify the
number of homeless people and assist the homeless population. Since the
Consortium has reorganized and is becoming more active; they are
identifying steps to assist them in achieving their goals. The membership
of the Homeless Network will better assist the Consortium in completing
their mission of gaining access to a wide range of resources from
information to funding sources. This will not commit any city funding to
the agency. This endorsement simply allows them to move forward with
their application.
Community Development recommended approval of this resolution.
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Page 140
Nancy Haney, Manager, Community Development, gave staff comments.
Council Member Hernandez requested that this designation be revisited
periodically.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2003-R0068 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(47.) Resolution No. 2003-R0069 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Loan Agreement
and all related documents between the City of Lubbock and Mr.
Johnny James, d.b.a. JJ's Sparkle Shop, from the Economic
Development Funds Program.
RESOLUTION NO.2003-R0069
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 Loan Agreement, by and
between the City of Lubbock and Mr. Johnny James d.b.a. JJ's Sparkle Shop, from the
Economic Development Funds Program 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.
Passed by the City Council this 13th day of January, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0069.
The Economic Development Subcommittee of the Community
Development Services Board (CDSB), met on Wednesday, December 11,
2002, to discuss a loan packet that had been submitted by Mr. Johnny
James. The subcommittee approved the loan for $35,000. The funds are
to be used for the purchase of his current location at 1707 East 5`h. Any
funds remaining after the purchase are to be used for upgrades and
improvements on the property. The City of Lubbock will be placed as
first lien holder for the property.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. This job must be made available to
persons of low -to -moderate income.
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The Promissory Note and the Deed of Trust were attached to resolution for
review.
Community Development recommended approval of this resolution.
Nancy Haney, Manager, Community Development, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to pass Resolution No. 2003-R0069 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(48.) Resolution No. 2003-R0070 accepting the recommendation made by
the Community Development Services Board (CDSB) regarding a
policy change for the Public Service Policy.
RESOLUTION NO.2003-R0070
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby accepts and adopts the
Public Service Policy for the Community Development Department. Said Policy is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Manager
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
A copy of the Policy is filed with Resolution No. 2003-R0070.
This item was a follow up to the work session item from the December 12,
2002 City Council meeting that presented the policy changes for
discussion.
The CDSB met on Wednesday, October 9 to discuss Community
Development policy issues. Through the direction of previous Councils,
CD has utilized a policy that has limited the duration of CDBG funding
for any public service agency to no more than four consecutive years. The
funds are also given based upon a decreasing percentage of program costs.
• First Year Funding:
• Second Year Funding
• Third Year Funding:
• Fourth Year Funding:
• Fifth Year Funding:
75% of program costs
55% of First Year Funding
35% of First Year Funds
15% of First Year Funds
None
Sub -recipients must be able to demonstrate that their level of service will
be maintained as CD funding decreases. This encourages agencies to seek
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Page 142
other sources of funding for their programs. By limiting the number of
years that an agency can receive assistance, the policy also encourages the
funding of new programs and agencies.
During past funding cycles, CDSB members have discussed the need to
set aside a certain amount of the CDBG allocation to fund childcare
programs. Childcare is viewed as a high priority category in that it allows
for the care of the child while the parent is working. In many cases, the
parent would be unable to seek employment because of the expense of
childcare.
The CDSB is proposing a policy change that would allow 20% of the
CDBG public service funds to be set -aside for childcare purposes. If there
are not enough qualified applications for this type of program, the public
service policy would be waived. This will give the Board the flexibility to
fund sub -recipients at a higher rate that may be nearing the end of their
four-year funding cycle. This will ensure that 20% of the public service
funds will go to childcare. In this case, childcare will be defined as any
provider that meets the requirements to be certified by the South Plains
Child Care Management Services (CCMS).
Community Development recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2003-R0070 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Parks and Recreation
(49.) Resolution No. 2003-R0071 authorizing the City Council to approve
the recommendation of the Parks and Recreation Board regarding FY
2002-2003 use of in -kind services by City of Lubbock departments for
special event support.
RESOLUTION NO. 2003-110071
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock hereby approves the
recommendations of the Parks and Recreation Board with regard to FY 2002-2003 use of
in -kind services by City of Lubbock departments as set forth in Exhibit "A" hereto,
which said Exhibit "A" is attached hereto and made a part hereof as if fully copied herein
in detail.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2003-R0071.
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Page 143
At the January 9, 1997, City Council meeting the City Council approved
Ordinance #9965, which amended Chapter 2 of the Code of Ordinances of
the City of Lubbock. In doing so, the duties of the Park and Recreation
Board were expanded to include review of requests for in -kind services for
special/community events. The special events policy was developed in
order to track special event support and monitor the increase of requests
received from non-profit organizations for special events in the City of
Lubbock. The policy allocates up to $200,000 annually for in -kind
services. Of that amount, 90% ($180,000) is earmarked for existing
events, while the remaining 10% ($20,000) is targeted for new events.
Each year, City staff conducts at least two training sessions for local non-
profit and civic organizations to familiarize them with the special events
policy and the grant process. Applications for in -kind services are due at
least forty-five days prior to the event. Once received, the application is
reviewed by departmental staff to ensure the request is appropriate. For
example, the Police Department reviews requests for security and traffic
control to ensure that the appropriate number of officers is requested. If
needed, adjustments are made to the requests and the applicants are
notified.
The Park and Recreation Board then rates the grant application for in -kind
City services based on the applicant's response to 9 subjective questions
for each event. Each subjective question is worth up to 5 points from the
individual Park and Recreation Board members. The individually graded
applications are then returned to staff in order to determine the aggregate
score. There are a total of 405 possible points on the subjective section
and an additional 250 possible points on the objective section of the
application with a possible 655 points for each event. The objective
section deals with the percent of budget that is publicly funded, the
applicant's non-profit status, etc.
On January 21, 2003, the Park and Recreation Board approved the
aggregate scoring and recommended the following Special Event
Applications for in -kind services:
Event In -Kind Percent In -Kind
Requested Awarded Proposed
National MS $290 89% $258
Society
Total $290 $258
To date, there is a total of $98,206 of in -kind services approved for FY
2002-2003 with a total of $258 to be considered for approval, all of which
will be absorbed within the existing departmental budgets. The event
organizers will be responsible for making up the difference. Since the
event being recommended for approval is an existing event, this would
leave a balance of $81,536 of in -kind services that can be allocated for
existing special events and $20,000 for new events in FY 2002-2003.
Staff recommended approval of this resolution.
Randy Truesdell, Parks and Recreation Director, gave staff comments.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2003-R0071 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
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DEVELOPMENT SERVICES
Right -of -Way
(50.) Ordinance No. 2003-00018 abandoning and closing a 20-foot alley
located in Block 132, Overton Addition, and a portion of 5ch Street
between University Avenue and Avenue X in the Overton Addition to
the City of Lubbock (501 University) (first reading).
ORDINANCE NO.2003-00018
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20
FOOT ALLEY LOCATED IN BLOCK 132, OVERTON ADDITION AND A
PORTION OF 5TH 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.
(51.)
This alley and the 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 closure are being replatted into
Tract 3A and Tract 3B, Overton Park Addition.
Since McDougal was not the original dedicator of this street and alley area
being closed, there will be a charge for them. Total 5`h Street area being
closed is 36,000 square feet. This area of 5`h Street is approximately
62.5% commercial and apartment and 37.5% residential. The Right -of -
Way Department has come up with a value of $1.10 for the commercial
and a value of $0.16 for the residential. This equates to 62.5% X 36,000
square feet = 22,500 square feet X $1.10 = $24,750 for the commercial
street area and 37.5% X 36,000 square feet = 13,500 square feet X $0.16 =
$2,160 for the residential street area for a total of $26,910. The alley area
being closed contains 12,000 square feet and 25% of this alley area is
valued at $2.25 and 75% of the alley area is valued at $0.26 for a valuation
of $9,000. Total value for the street and all? area being closed is
$35,910. In the replat, additional street area for 6 Street and three corner
cutoffs will be dedicated containing 3,376.37 square feet and these will be
valued as a credit. Using a 50% value of $2.25 and a 50% value of $0.16,
a credit will be given of $4,220.47 for the street area dedications.
Therefore, $35,910 minus the credit of $4,220.47 = $31,689.53 due the
City.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
Ed Bucy, Right -of -Way Agent, gave staff comments.
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass on first reading Ordinance No. 2003-00018 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
Consider revisions to criteria established for the 2001 Assessment
Paving Program.
The second of three readings of the assessment ordinance for the 2001
Paving Program was approved at the December 19, 2002 City Council
meeting. As part of the approval of this agenda item, the Council directed
staff on several issues, namely:
1. Move forward with this paving program.
2. Establish the assessment paving rates.
Alleys: Voluntary "calculated rate" = $16.00 per foot
Involuntary assessment "enhancement" rate = $ 5.00 per foot
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StreetsNoluntary "calculated rate" _ $16.50 per foot
For paving, plus
$8.00 per foot for
curb & gutter
Involuntary assessment = $7.40 per foot
(enhancement) rate For paving, plus
$3.60 per foot for
curb & gutter
3. Require owners to sign voluntary agreements to pay at the
"calculated" rate for paving improvements. The required number
of signatures was set at within 5% of the footage signing the
original paving petition.
4. Set a deadline of January 24, 2003 for property owners to provide
signed voluntary agreements to the City, at the prescribed
percentage of abutting footage signing these agreements.
Subsequent to the second reading of the ordinance, Councilman Martin
met with staff about complaints and concerns he had received pertaining
to the paving program. Councilman Martin requested this item be placed
on this agenda to look at the criteria, and have the Council consider
revisions to these requirements.
There were some legal issues, which arose during the processes for this
assessment -paving program. These issues initiated changes in the way
assessments were to be levied on this program, which are different
procedures from those on previous assessment programs.
There will need to be Council direction, probably through a work session
item, on changes to the Paving Policy pertaining to assessment paving on
future paving programs.
However, in an effort to complete the processes for the units proposed to
be paved on the current program, the following suggestions/
recommendations are submitted for consideration:
1. Alleys —Instead of requiring that owners of abutting property,
representing within 5% of the footage originally signing the paving
petition, change the requirement to within 20% of the footage.
However, owners of not less than 50% of the footage will be
allowed to sign the agreement for that individual alley unit to stay
on the program. This will address concerns of some of the property
owners in being able to get enough signatures. On some of the
alleys, if as few as one owner signing the original petition did not
sign the new agreement, the 5% allowed deviation would be
exceeded.
2. Streets —Assess these two units at the enhancement rate rather than
attempt to get some of the owners to execute agreements to pay at
the higher rates. The two units of street paving being considered
on this program are a block of 251h Street and a long block of 26t'
Street, both located just east of Milwaukee Avenue in the West
End Addition. This was an old county subdivision, and these
streets are still dirt. The owners on these streets are split in
supporting this street paving, primarily due to cost of the paving
improvements. It is suggested that the rate be set at the
enhancement rate for all properties in an effort for these properties
to attain paved access in this economically challenged area.
3. Assessment Rates —Set the paving rate for the five alleys at $16.00
per foot (may be decreased if bids come in lower than estimated)
for those property owners executing paving agreements. Set the
assessment rate (enhancement rate) at $5.00 per foot for those
properties whose owners do not sign the paving agreements.
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Set the assessment -paving rate for the two streets at $11.00 per
foot for paving and curb and gutter. This is the enhancement rate
established by the appraiser. Therefore, separate agreements do
not need to be executed by these owners.
4. Deadline for Agreements —If the prescribed number of owners on
the alleys does not submit signed agreements by February 28,
2003, then that alley will be deleted from this paving program.
Larry Hertel, City Engineer, gave staff comments.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to pass on A-462-43, A-462-45, A-462-46, 2336-001
and 2336-002 and A-462-44 as recommended by staff. Motion carried: 6
Yeas, 0 Nays.
Mr. Hertel stated that A-462-44 was the unit to be recused by Mayor
McDougal.
Motion was then made by Council Member Martin, seconded by Council
Member Patterson to reconsider A-462-44. Motion carried: 5 Yeas, 0
Nays. Mayor McDougal recused himself.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass on A-462-44. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to pass on A-462-42 as recommended by staff. Motion
carried: 6 Yeas, 0 Nays.
(52.) Resolution No. 2003-R0072 authorizing the City Engineer to bid full
width paving (and an alternate bid to strip pave) Kenosha Avenue
from the alley north of 107th Street to 110th Street.
RESOLUTION NO. 2003-R0072
WHEREAS, the City Council has and hereby further determines that a public
necessity exists to reconstruct the existing strip paving on Kenosha Avenue from the
alley north of 107th Street to 110th Street, said public necessity is to provide for improved
drainage of storm water in order to reduce risks of flooding the properties abutting said
portion of Kenosha Avenue, and the City Engineer has provided for the preparation of the
plans and specifications for such improvements; and
WHEREAS, the owners of properties abutting said portion of Kenosha Avenue
have requested that full width paving (36 feet in width with curb and gutter) be
constructed instead of strip paving; and
WHEREAS, the owners of these properties have indicated they will pay the
additional costs associated with the full width paving; and
WHEREAS, the City shall contract with a competent contractor for the above
street improvements, and said improvements will be constructed in accordance with the
above -mentioned plans and specifications under the supervision of the City Engineer, and
the said City desire that the Owners contribute towards such full width paving; and
WHEREAS, the contract cost of the paving improvements shall be determined by
compliance with the competitive bidding process and the City's share in connection
therewith would not exceed the cost to reconstruct the strip paving, leaving the property
owners share in the amount of the additional costs necessary to pave the street full width
with curb and gutter; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT, the City Engineer has approved plans and specifications for
paving on the street herein described, and that such plans and specifications meet the
usual requirements for paving on streets within the corporate limits of the city of
Lubbock; said street being as follows, to -wit:
Kenosha Avenue from the alley north of 107th Street to 110th Street
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The City Engineer is authorized to prepare bid documents to construct said full
width paving of Kenosha Avenue, with an alternate bid to reconstruct only the strip
paving improvements.
The City Engineer is further authorized and directed to duly inspect said paving
construction on said street and to require strict compliance with the approved plans and
specifications, and upon completion of said paving, and upon final approval by the City
Engineer and acceptance of such improvements by the City Council, the City Engineer is
authorized to pay the Contractor in full and final payment of the cost of the above -
mentioned improvements.
Section 2. This authority is conditioned that the Owners of abutting property
will deposit with the City their complete portion of the cost to pave the full width paving
improvements prior to award of the bid to the successful contractor.
Section 3. In the event that the said funds are not received by the City from
the abutting property owners, the City shall construct the said improvements to strip
paving standards in conformance with the alternate bid for such strip paving
improvements.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ LMU Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
In August of 2002, several residents along Kenosha Avenue from the alley
north of 1071h Street to I I Oh Street visited with City staff about concerns
of upstream development and increased risk of flooding. They live in an
old County subdivision, Lakeview Heights Addition, which was
subdivided prior to annexation. This portion of Kenosha Avenue is strip
paved.
There are six homes currently built along Kenosha, and most have very
low floor elevations compared with the adjacent grade and the strip -paved
road.
Truett Craft is the developer of the subdivision, Highland Gardens,
currently under construction uphill (north) of Lakeview Heights. The
primary drainage way is southerly along Kenosha to the playa lake located
at the golf course at 110`h and Kenosha.
The developer of Highland Gardens, at the City's request, had his
consultant perform various hydraulic/hydrologic analysis of the runoff
from his subdivision and how it may impact the homes downstream on
Kenosha. The analysis indicated that the low floor elevations would be at
risk of flooding with a 100-year design storm event. The consultant also
performed analysis assuming that the strip paving of Kenosha was lowered
to see if the homes would still flood. The results indicated that the homes
would be protected to the 100-year design storm event if the Kenosha
Avenue strip paving is lowered by approximately one foot.
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Because of some other City funding needed in City participation on some
other subdivision projects, as well as funds needed for the assessment
paving program, funding was transferred between capital projects within
the Streets Capital Projects Fund, including funds needed to rebuild the
Kenosha strip paving at the lower elevation.
A meeting with the Kenosha owners was held on January 7`h. At the
meeting, the owners talked of wanting full width paving with curb and
gutter instead of only having their strip paving reconstructed. They were
told that staff would approach the project with a recommendation to pave
full width, if the property owners would pay the difference between the
strip paving cost and the full width paving cost.
This resolution for Council consideration is for the City to solicit bids for
full width paving of Kenosha, with an alternate bid to strip pave. Paving
full width, or only strip paved, will be dependent on the property owners
depositing, to the City, the difference in cost between the full with paving
and the strip paving.
Council recalled that this item was discussed by a Kenosha resident at a
Citizen Comment period. Although staff is not required to get Council
approval prior to soliciting bids, staff is doing so in this case to be certain
that Council is comfortable with staff's approach.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2003-R0072 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(53.) Ordinance No. 2003-00019 regulating ice cream sales vehicles using
public ways within the corporate limits of the City of Lubbock,
defining the word "ice cream sales vehicle," for the purpose of this
ordinance; designating the qualifications of persons entitled to drive
an ice cream sales vehicle, requiring a permit; requiring the filing of
written applications to obtain a permit; providing for an appeal to the
license and appeal board by applicant when denied a permit; making
such permits non -transferable; providing fees for renewal
applications; providing for issuance of permit when applicant meets
qualifications provided by ordinance; providing identification cards
for permit holders, photographs, exhibition of same in ice cream sales
vehicles by drivers; providing 45 days grace period for securing
permit; providing for temporary permits; making it unlawful to drive
an ice cream sales vehicle or permit the same to be done without first
having secured the permit provided for; making it unlawful for any
such ice cream sales vehicle driver to knowingly transport certain
classes of persons with intent to aid such persons in the commission of
unlawful acts; providing for revocation of permit; providing a
penalty; directing publication of the descriptive caption of this
ordinance, and providing effective date of its provisions ten days after
the second publication (first reading).
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Page 149
ORDINANCE NO.2003-00019
AN ORDINANCE REGULATING ICE CREAM SALES VEHICLES USING
PUBLICWAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK,
DEFINING THE WORD "ICE CREAM SALES VEHICLE," FOR THE PURPOSE OF
THIS ORDINANCE; DESIGNATING THE QUALIFICATIONS OF PERSONS
ENTITLED TO DRIVE AN ICE CREAM SALES VEHICLE, REQUIRING A
PERMIT; REQUIRING THE FILING OF WRITTEN APPLICATIONS TO OBTAIN A
PERMIT; PROVIDING FOR AN APPEAL TO THE LICENSE AND APPEAL BOARD
BY APPLICANT WHEN DENIED A PERMIT; MAKING SUCH PERMITS NON-
TRANSFERABLE; PROVIDING FEES FOR RENEWAL APPLICATIONS;
PROVIDING FOR ISSUANCE OF PERMIT WHEN APPLICANT MEETS
QUALIFICATIONS PROVIDED BY ORDINANCE; PROVIDING IDENTIFICATION
CARDS FOR PERMIT HOLDERS., PHOTOGRAPHS, EXHIBITION OF SAME IN
ICE CREAM SALES VEHICLES BY DRIVERS; PROVIDING 45 DAYS GRACE
PERIOD FOR SECURING PERMIT; PROVIDING FOR TEMPORARY PERMITS;
MAKING IT UNLAWFUL TO DRIVE AN ICE CREAM SALES VEHICLE OR
PERMIT THE SAME TO BE DONE WITHOUT FIRST HAVING SECURED THE
PERMIT PROVIDED FOR; MAKING IT UNLAWFUL FOR ANY SUCH ICE
CREAM SALES VEHICLE DRIVER TO KNOWINGLY TRANSPORT CERTAIN
CLASSES OF PERSONS WITH INTENT TO AID SUCH PERSONS IN THE
COMMISSION OF UNLAWFUL ACTS; PROVIDING FOR REVOCATION OF
PERMIT; PROVIDING A PENALTY; DIRECTING PUBLICATION OF THE
DESCRIPTIVE CAPTION OF THIS ORDINANCE, AND PROVIDING EFFECTIVE
DATE OF ITS PROVISIONS TEN DAYS AFTER THE SECOND PUBLICATION.
This item was placed on the agenda at the request of Council Member
Martin. The City of Lubbock has no ordinance establishing qualifications
of drivers of ice cream sales vehicles engaged in the business of selling
ready -to -eat, prepackaged frozen or refrigerated confections, including but
not limited to dairy products, directly to consumers within the corporate
limits of the City of Lubbock. Currently no regulatory measures enable
the City to make investigation of persons driving the ice cream sales
vehicles. The proposed ordinance would authorize investigations to be
made concerning the qualifications of ice cream sales vehicles' drivers,
and such drivers would be required to maintain certain reasonable
standards as a condition incident to their continued operation of such
vehicles.
The Police Department recommended approval of the first reading of this
ordinance.
John Knight, Assistant City Attorney, gave staff comments. Assistant
Police Chief Dale Holton was present for any questions.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00019 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(54.) Resolution No. 2003-R0073 accepting the resignation of Council
Member Alex "Ty" Cooke.
RESOLUTION NO.2003-R0073
WHEREAS, Alex "Ty" Cooke has submitted his resignation as City Council
Representative from District 6 of the City of Lubbock; and
WHEREAS, during his tenure as City Council member, Alex "Ty" Cooke has
distinguished himself as a leader in the community and in City government by virtue of
his tireless efforts, his dedication, and his commitment to excellence; and
WHEREAS, the City of Lubbock has benefited and will sincerely miss his
stewardship and advocacy for the betterment of the community:
NOW, THEREFORE, the City Council does, with deepest regrets, hereby accept
the resignation of Council member Alex "Ty" Cooke and, in so doing, bids farewell to a
fine leader, colleague, and friend.
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Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s / Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
Council Member Cooke has submitted his resignation letter to the City
Council.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Hernandez to pass Resolution No. 2003-R0073 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(55.) Resolution No. 2003-R0074 ordering a Special Election to fill the
vacancy in the position of Council member, District 6, to be conducted
May 3, 2003, and authorizing and directing the Mayor to execute an
official Order and Notice of Special Election for said special election.
RESOLUTION NO. 2003-R0074
WHEREAS, the resignation of Councilmember Alex "Ty" Cooke on January 31,
2003, has created a vacancy on the City Council of the City of Lubbock; and
WHEREAS, the City Charter of the City of Lubbock and the Texas Election Code
require such vacancy to be filled by a special election called for such purpose; and
WHEREAS, the next available election date complying with the requirements of
the City Charter and Sections 3.004, 41.001, 201.023, 201.051, and 201.052 of the
Election Code is May 3, 2003; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby orders a special
election to fill the vacancy in the position of Councilmember, District 6, to be conducted
May 3, 2003, and the Mayor of the City of Lubbock is hereby authorized and directed to
execute an official Order and Notice of Special Election for said special election.
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Passed by the City Council this 13th day of January, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
The resignation of Council member Alex "Ty" Cooke on January 31, 2003
has created a vacancy on the City Council of the City of Lubbock. The
City Charter of the City of Lubbock and the Texas Election Code require
such vacancy to be filled by a special election called for such purpose.
The next available election date complying with the requirements of City
Charter and Sections 3.004, 41.001, 201.023, 201.051, and 201.052 of the
Election Code is May 3, 2003.
The City Council is required by state law to select our early voting
locations and hours. Currently there are eight locations Citywide, which
may be too many for a one -district election. The Legal Department has
recommended the early voting locations not be reduced to less than the
main early voting location at City Hall and the branch location in District
6. Possible early voting choices include:
1. Make no changes;
2. Use the same locations and hours used by the County, which will
be four locations in Lubbock and City Hall; or
3. Use only City Hall and the District 6 location.
Expedited consideration will have to be requested for #2 and #3 as the pre -
submission time for early voting changes has already expired.
If a joint election is held with Lubbock County (next agenda item), City
Council may consider setting the locations and the days/hours of early
voting to be the same as those of the County's. Also, the joint election
may be held only with regard to election day activities and not with regard
to early voting.
Don Vandiver, First Assistant City Attorney and Rebecca Garza, City
Secretary, gave staff comments.
The City Secretary recommended that Council order a special election.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to pass Resolution No. 2003-R0074 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(56.) Resolution No. 2003-R0075 authorizing the Mayor to execute a Joint
Election Resolution with Lubbock County for the May 3, 2003,
Special Election to fill the vacancy of Council member, District 6.
RESOLUTION NO.2003-R0075
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 on behalf of the City of Lubbock a Joint Election Resolution with
Lubbock County to conduct the May 3, 2003, Special Election to fill the vacancy in
Council District No. 6 as a joint election with Lubbock County, which Joint Election
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Page 152
Resolution is attached hereto and which shall be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Joint Election Resolution is filed with Resolution No. 2003-R0075.
The joint election to be held on May 3, 2002, under provisions of the
Texas Election Code and other applicable law and in accordance with the
following agreed terms:
The City of Lubbock and Lubbock County hereby agree to conduct a joint
election on May 3, 2003, as both political subdivisions are required to
conduct elections on the same day in all or part of the same territory in the
election precincts that can be served by common voting places in
accordance with Chapter 271, Texas Election Code.
The parties hereto agree as follows:
1. THAT common precinct boundaries and voting places shall be
utilized insofar as is practical and expedient.
2. THAT a single set of election officers shall be agreed upon and
designated by both parties for the conduct of the election. Such
officers shall include those qualified to serve for each individual
subdivision.
3. THAT the election shall be administered by Ms. Doris Ruff,
County Clerk of Lubbock County, within the limits of Lubbock
County with Rebecca Garza, City Secretary of City of Lubbock
serving as assistant election officer within the limits of City
Council District No. 6 of the City of Lubbock.
4. THAT the preparation of election supplies, contacting of
appropriate officials, and all other routine matters for those
precincts with voting places within the City of Lubbock shall be
the responsibility of Doris Ruff, County Clerk. Rebecca Garza,
City Secretary, will provide a set of necessary election forms for
each of the City's City Council District No. 6 voting places where
a separate form must be used by the two parties to this agreement.
5. THAT each political subdivision shall be responsible for posting
its own notices and maintaining records pertaining solely to its
own election as custodian of its own records. Each political
subdivision also shall be responsible for preparing the ballot for its
own election and for conducting a "drawing for place on the
ballot," for its own election at a location and time of its own
choice.
6. THAT the official canvassing of ballots and announcements of
results shall be done individually by each governing body, and the
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Page153
City of Lubbock shall issue its own certificate of election to the
candidate elected in its election.
7. THAT in all precincts where there are voters residing outside the
jurisdiction of one of the political subdivisions, but inside the other
political subdivision, such voters shall be given ballots containing
only the names of those candidates for whom they are qualified to
vote.
8. THAT separate ballots and ballot boxes shall be used for this
election and that the sealed ballot box procedure established by
Subchapter C, Chapter 127, Texas Election Code, shall be used for
this election.
9. THAT each party will conduct its own early voting, and the City
Secretary is appointed as early voting clerk for the City of
Lubbock and the County Clerk is appointed as early voting clerk
for Lubbock County.
10. THAT each entity shall pay its proportionate share of the common
costs attributable to the joint election activities necessary for the
conduct of the joint election. In the event that either party does not
conduct an election on May 3, 2003, such party shall be liable only
for such joint expenses as are incurred prior to cancellation of its
election.
The City Secretary recommended approval of this resolution.
Don Vandiver, First Assistant City Attorney and Rebecca Garza, City
Secretary, gave staff comments.
Motion was made by Council Member Patterson, seconded by Council
Member Morrison to pass Resolution No. 2003-R0075 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
(57.) Resolution No. 2003-R0076 authorizing the Mayor to approve the
creation of an Entertainment Task Force.
RESOLUTION NO. 2003-R0076
WHEREAS, the City of Lubbock's entertainment industry has developed talent,
venues, and events that are recognized regionally, statewide, nationally and
internationally; and
WHEREAS, the unique talent, venues, and events in the City of Lubbock have
created an awareness of Lubbock and attracts tourists and visitors to our community
every year; and
WHEREAS, it is important for the City of Lubbock to build upon the potential of
its entertainment industry to create new opportunities culturally, artistically, and
financially; and
WHEREAS, the creation of a task force to help organize the diverse elements that
contribute to the success of a strong entertainment industry in the City of Lubbock and to
provide direction and support for its growth is essential to ensure the success of the City's
entertainment industry in the future; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT an Entertainment Lubbock Task Force is hereby created by the City Council of the
City of Lubbock, which shall perform its duties in accordance with the following criteria:
1. The primary objective of the Task Force shall be to develop recommendations
for the City Council with regard to the development, organization, coordination and
funding of events that would take advantage of the various talent and venues associated
with the City of Lubbock's entertainment industry while working collectively with
entertainment entities throughout the region and that would have a positive impact on
tourism within the City.
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2. The Committee will consist of five (5) members appointed by the Mayor. The
Mayor shall appoint the Chair from among the members appointed to the Task Force.
The City Manager of the City of Lubbock shall appoint a staff liaison to the Task Force.
3. Regular meeting will be held at times and locations established by a majority of
the Task Force members. A simple majority shall constitute a quorum, and a majority
vote of the quorum shall be required for any action to be taken by the Task Force.
4. The Entertainment Lubbock Task Force members shall serve for a term of one
year or until such time as their successors are appointed.
5. Reports shall be presented by the Chairperson of the Task Force to the City
Council as requested by the City Council.
Passed by the City Council this 13th day of February, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
This item was placed on the agenda at the request of Mayor McDougal.
The Entertainment Task Force will help to organize, provide support and
direction to the diverse elements of the entertainment industry in Lubbock.
The primary objective of the Committee shall be to develop
recommendations for the City Council on the organization and
coordination of the various talent, venues, and events of the City of
Lubbock's entertainment industry. The Committee will consist of five
members appointed by the Mayor. The Mayor will appoint the Chair
among the members appointed to the Committee. The City Manager will
appoint a staff liaison to the Committee.
Mayor McDougal stated that Assistant City Manager Tommy Gonzales
would be staff liaison to the Committee.
The Mayor recommended approval of this resolution.
Council Member Hernandez requested that when the Mayor makes these
appointments to this Task Force that they be reflective of this community.
Motion was made by Council Member Patterson, seconded by Council
Member Boren to pass Resolution No. 2003-R0076 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(58.) Resolution No. 2003-R0077 authorizing the Mayor to execute an
Agreement for Professional Services between the City of Lubbock and
Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C.
RESOLUTION NO. 2003-R0077
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for
Professional Services between the City of Lubbock and LLOYD, GossELINK, BLEVINS,
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Page 155
ROCHELLE, BALDWIN & TOWNSEND, P.C., and any other related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 13th day of February 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
The City of Lubbock has worked with this law firm on water issues in the
past. This Agreement is for the Firm to work on legislative issues dealing
with water issues, in particular the issues dealing with Lake Alan Henry.
The City staff recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2003-R0077 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
(59.) Consider one appointment to the Health/Educational Facilities
Development Corporation Board of Directors
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to appoint Carolyn Thompson to the
Health/Educational Facilities Development Corporation Board of
Directors. Motion carried: 6 Yeas, 0 Nays.
(60.) Consider two appointments to the Community Development &
Services Board.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to appoint Emma Jackson and Royce Newsom to the
Community Development & Services Board. Motion carried: 6 Yeas, 0
Nays.
(61.) Consider seven appointments to Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to reappoint Felecisima Betts, Beth Bridges, April
Howell, and Janie Ramirez and to appoint Kimberly Cappillino, Carole
Collier, and Judy Helm to the Keep Lubbock Beautiful Advisory
Committee. Motion carried: 6 Yeas, 0 Nays.
(62.) Consider three appointments to North Overton Tax Increment
Finance District.
This item was considered following Item 65.
Motion was made by Council Member Morrison, seconded by Council
Member Boren to reappoint Walker Metcalf, Ted Rushing, and Margaret
Talkington to the North Overton Tax Increment Finance District. Motion
carried: 4 Yeas, 0 Nays.
Mayor McDougal and Council Member Hernandez recused themselves.
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Page 156
(63.) Consider two appointments to the Neighborhood Redevelopment
Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to reappoint Kay Key and Fred Wagner to the
Neighborhood Redevelopment Commission. Motion carried: 6 Yeas, 0
Nays.
(64.) Consider one appointment to Park & Recreation Board.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to reappoint Steve Deaton to the Park & Recreation
Board. Motion carried: 6 Yeas, 0 Nays.
(65.) Consider one appointment to Permit & License Appeal Board.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to appoint Helen Payne to the Permit & License Appeal
Board. Motion carried: 6 Yeas, 0 Nays.
10:30 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:01 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Hernandez made a motion to adjourn; Council Member Patterson
seconded the motion. Motion carried: 6 Yeas, 0 Nays.
Read and approved this 1 day of DC Lby , 2005.
ATTEST:
R ecca Garza, City Secretary ,
156