HomeMy WebLinkAboutMinutes - City Council - Regular - 5/8/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MAY 8, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 8th
day of May, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 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 Jim O. Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T.J. Patterson
Absent: No one.
CITIZEN COMMENTS
Four citizens expressed comments to the Council. They were:
( 1.) Presentation by Delinda Harrell of a poem and petition from local
children regarding the need for an ordinance requiring pet owners to
pick up after their animals in public places.
Delinda Harrell presented a petition from local children to ask City
Council to create an ordinance requiring pet owners to pick up after their
animals in public places. She indicated that this is especially true for our
parks and schoolyards. Her granddaughter, Caitlin Harrell read the poem
"Yuk" written by Shel Silverstein.
( IA.) Tony Song, President of Association of Chinese Students and
Scholars, spoke concerning a remark made to City Council by Carroll
McDonald, CEO of LP&L.
Mr. Song demanded that Mr. McDonald apologize publicly to Mr. Zhang,
Asians and all other ethnic groups.
( 1B.) William Lan, Associate Dean, College of Education, Texas Tech, also
spoke concerning a remark made to City Council by Carroll
McDonald, CEO of LP&L.
Mr. Lan requested that the City of Lubbock take measures to prevent this
from happening again and requested that the City Council send a message
that the Council will not tolerate any harassment.
(1C.) Malinda Standefer, Attorney at Law, appeared representing Larry
Snodgrass, Texas State Legal Services concerning his out -of -city
storage facilities.
EXECUTIVE SESSION
Mayor McDougal stated the City Council will hold an Executive
Session today for the purpose of consulting with the City Staff with
respect to "Pending or contemplated litigation, deliberate the
purchase, exchange, lease, or value of real property, personnel,
competitive matters of the public power utility, and to review certified
agenda from the prior executive session" as provided by Subchapter
D of Chapter 551 of the Government Code, the Open Meetings Law.
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May 8, 2003
Page 396
7:58 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All Council Members were present.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Fire; Information Technology; Planning; Water).
(3.) 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 (Parks; Cemetery).
(4.) 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).
( 5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
❑ Community Development and Services Board
❑ Keep Lubbock Beautiful Advisory Committee
❑ City Manager Search Committee
❑ Community Relations
❑ Youth Commission
❑ Internal Review Committee
( 6.) 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.
( 7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.103, to review certified agenda from the prior
executive session (City Secretary).
9:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T. J. Patterson; Tommy Gonzalez, Interim City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one was absent.
Mayor McDougal called the meeting to order at 9:37 A. M.
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( 8.) Invocation by Pastor Jerry Ramirez, Associate Pastor of Youth &
Activities, Oakwood Baptist Church
( 9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Arts Alliance, Inc. Grants Review Committee
Receiving: Paul Nash
Entertainment Lubbock Task Force
Receiving: Kent Meredith
North Overton Tax Increment Financing Reinvestment Zone
Receiving: Don Rushing
CITIZENS APPEARANCES
The first item considered was Item 16.
(10.) Presentation of a Special Recognition to National Association of
Letter Carriers Branch 2589 commemorating Saturday, May 10,
2003, as the National Association of Letter Carriers National Food
Drive Day.
This item was considered following Item 12.
For the past eleven years, the National Association of Letter Carriers
(NALC) has held the largest one -day food drive in the nation on the
second Saturday in May. This year on May 10th, cities and towns across
the United States will participate as letter carriers collect nonperishable
food donations left by mailboxes and in post offices. They will deliver
them to local community food banks, pantries and shelters. More than
1,500 local NALC branches in all 50 states and U.S. jurisdictions are
involved in the drive. As in years past, Lubbock's local chapter of the
NALC will donate all the food collected during the drive to the South
Plains Food Bank for distribution in the Lubbock area.
A Special Recognition was presented to the National Association of Letter
Carriers Branch 2589 commemorating Saturday, May 10, 2003, as the
National Association of Letter Carriers National Food Drive Day. Eddie
Odle, Vice President of NALC Branch 2589; Ted Tyler, U.S. Postmaster;
and David Weaver, Jr., South Plains Food Bank were present to receive
the Special Recognition.
(11.) Presentation of a Special Recognition to Goodwill Industries to
designate May 4-10, 2003, as Goodwill Industries Week.
Goodwill Industries provides people with the tools they need to succeed in
the work place. They are one of the world's largest nonprofit providers of
employment and training services for people with disabilities and other
disadvantaging conditions such as welfare, dependency, illiteracy, criminal
history, and homelessness. May 4-10, 2003, is being commemorated as
Goodwill Industries Week to help educate the public about the many
services that Goodwill provides in our community.
A special recognition was made to Goodwill to commemorate May 4-10,
2003, as Goodwill Industries Awareness Week. Jimmy Kirks, President of
the Board of Directors; Greg Cox, Interim Director of Goodwill Industries
of Lubbock; and Susan Moeller, Community Relations Coordinator, were
present to receive the special recognition.
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The next item considered was Item 13.
(12.) Presentation of a Special Recognition to Gown Town the Community
Development Block Grant's top micro -enterprise loan business for
2003.
This item was considered following Item 17.
The Community Development micro -enterprise loan program is currently
in its 61h year. The purpose of the program is to provide funding for those
entrepreneurs starting or expanding a small business. The CD micro loan
has been awarded to thirty-five businesses totaling $349,000 in assistance
to Lubbock's small business community.
Gown Town was first opened in 1994. Since that time, Gown Town has
undergone three expansions the last of which was made possible through
the CD micro loan program. Gown Town has five employees. Leslie
Everson, the owner of Gown Town, recently received a Masters of Science
degree in Merchandising from Tech, and she now offers hands-on
experience for Tech students learning the operation of small retail
business.
Ms. Leslie Everson, owner, was present to receive the special recognition
made to Gown Town as the Community Development Block Grants top
micro -enterprise loan business for 2003.
The next item considered was Item 10.
(13.) Presentation of a Special Recognition to the Community Health
Center of Lubbock commemorating May 11-17th as National
Women's Health Week 2003.
This item was considered following Item 11.
Each year since 2000, National Women's Health Week celebrates the
extraordinary progress in women's health over the past 100 years and
encourages women to take simple action steps to improve their health. The
celebration was initiated by a coalition of public and private organizations
dedicated to raising awareness of women's health issues. Women's Health
Month is celebrated annually during the week in May that begins with
Mother's Day.
This year, National Women's Health Week will be held from May 11-17,
2003. During this week, the Office on Women's Health is hosting National
Women's Check -Up Day. Women across the nation will be able to receive
preventative health services and health education on a variety of topics at
many community health centers.
Representatives from CHCL were present to receive a special recognition
to commemorate May 11-17, 2003, as National Women's Health Week.
(14.) Presentation of a Special Recognition to acknowledge the CAC 600, a
10-hour off -road bike race to benefit the Children's Advocacy Center
of the South Plains.
The CAC 600 is a 10-hour off -road bike race to benefit the Children's
Advocacy Center of the South Plains. This year's event will be held on
May 17th at Buffalo Springs Lake.
The Children's Advocacy Center of the South Plains is a cooperative effort
among city, county, and state entities interested in maintaining a
cooperative, multidisciplinary approach to investigations of child abuse.
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The goal is to lessen the trauma to the child by reducing the number of
investigative interviews. The Advocacy Center provides an environment
that emphasizes the best interest of the child and provides investigative
and rehabilitative services
The CAC 600 is hosted by the West Texas Cycle Association and the
West Texas Racing Club, and the event is sponsored by the following
community businesses: Atmos Energy; Alliance Federal Credit Union;
Lubbock Sports Authority; Lowe's Family Center; Ace Hardware; The
Clock Doc; A Laser's Touch; PNB Financial; Lubbock Professional Police
Association; Lads Wrecker Service; Tokyo Japanese Seafood and
Steakhouse; Paul's Parts Bike Shop; Broadway Bikes; Nutrition
Headquarters; Lubbock Police Department's Explorer Post; Duncan
Disposal; Buffalo Springs Lake; Sean Meyers Photography; Texas Tech
Cycling Team; West Texas Cycling; West Texas Cycling Association;
Advanced Graphix and Sign Station.
A special recognition to the CAC 600 for its benefit to the Children's
Advocacy Center of the South Plains.
(15.) Presentation of a Special Recognition to commemorate May as Foster
Family Appreciation Month.
May is designated as National Foster Care Month. This is a time when the
spotlight shines on the children and teens, the foster families and the
dedicated child welfare professionals who make foster care work. The
foster care "system" is only as good as the people who choose to be a part
of it. As more Americans begin to feel responsible for children who are in
foster care, the system will become better and better.
Children in foster care feel more secure and are likely to do better in
school when they are able to stay in the same community where they are
growing up. The simple truth is that the more qualified foster parents there
are in the U.S., the easier it will be to ensure that children can remain in
their own neighborhoods and schools and to keep siblings together in
foster care.
A special recognition was presented to commemorate May as Foster
Family Appreciation Month and to recognize the importance of foster care
to the growth and development of children.
The next item considered was Item 18.
(16.) Presentation of a Special Recognition recognizing Bishop McKinley
Young, Presiding Prelate of the Tenth Episcopal District of the
African Methodist Episcopal Church.
This was the first item considered.
Bishop McKinley Young is the presiding prelate of the Tenth Episcopal
District of the African Methodist Episcopal (AME) Church. This
assignment places him over some 300 churches in Texas. He will be in
Lubbock on May 7-9, 2003, for the May Day Celebration being hosted by
the Lubbock AME Church. Church representatives will be attending this
meeting from all over the state of Texas. Bishop Young is a native of
Atlanta, and he earned degrees from Morris Brown College, Andover
Newton Theological School, and the Chicago Divinity School. Bishop
Young has also received the Doctor of Humane Letters (Honorary) from
Morris Brown College and Paul Quinn College. He is married to Dorothy
Jackson Young, who will also be present for the May Day Celebration.
Councilman T. J. Patterson is a member of the Lubbock AME Church.
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Bishop McKinley Young, Presiding Prelate of the Tenth Episcopal District
of the African Methodist Episcopal Church and wife, Dorothy Jackson
Young were present to receive the special recognition.
Council Member Patterson left the dais.
(17.) Presentation of a Special Recognition to David Sharp recognizing his
service to Market Lubbock, Inc.
David Sharp began his career with Market Lubbock, Inc. in August of
1998. Under his direction, Market Lubbock has created 3,739 jobs, added
$93.9 million in annual payroll, and created $157.6 million in new capital
investments. His emphasis in business retention and expansion has helped
local companies grow and prosper. In addition, the Convention and
Visitors Bureau has significantly increased the number of bookings and
hotel/motel tax revenues have increased by approximately 20-25% during
his tenure.
David Sharp was present to receive a special recognition of his service to
Market Lubbock, Inc.
The next item considered was Item 12.
Council Member Martin left the dais.
CONSENT AGENDA (Nos. 18-39, 41-42)
These items were considered following Item 15.
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to approve Items 18-39, 41-42 on consent agenda as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Council Members Martin and Patterson were away from the dais.
(18.) Approval of Minutes: Work Session Minutes
April 9, 2003
Regular City Council Meeting
April 24, 2003
(19.) ORDINANCE #2003-00032-Amending Chapter 2 of the code of
Ordinances of the City of Lubbock, Texas, entitled "Administration",
by dissolving the Community Relations Task Force, establishing the
membership, functions and duties of the Task Force, providing a
saving clause; and providing for publication (Second and Final
Reading).
ORDINANCE NO.2003-00032
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DISSOLVING THE
COMMUNITY RELATIONS COMMISSION; ESTABLISHING THE COMMUNITY
RELATIONS TASK FORCE; ESTABLISHING THE MEMBERSHIP, FUNCTIONS
AND DUTIES OF THE TASK FORCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
On June 25, 1999, the City Council adopted ordinance 10142 creating the
Community Relations Commission. The proposed ordinance dissolves
this Commission and creates a Community Relations Task Force as its
replacement.
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(20.) ORDINANCE #2003-00033-Consider request of Hugo Reed and
Associates, Inc. for CMS Properties for a zoning change from C-3 to
C-3 to remove existing conditions of Ordinance No. 8635 on an
unplatted 2.02-acre tract of land out of Section 4, Block E-2 (Second
and Final Reading).
ORDINANCE NO.2003-00033
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1061-H; AMEND BY REMOVING THE EXISTING
CONDITIONS IN ORDINANCE NO. 8635 ON A 2.02 ACRE, C-3 ZONED TRACT OF
LAND OUT OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
(21.) ORDINANCE #2003-00035 — Consider request of Michael Thomann
for Hope Lutheran Church for a zoning change from C-3 to A-2
limited to a church and church -related uses on Tracts A and B,
Hunter's Glen Addition (Second and Final Reading).
ORDINANCE NO.2003-00035
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2420-C; A ZONING CHANGE FROM C-3 TO A-2
ZONING LIMITED TO A CHURCH AND CHURCH -RELATED USES, ON TRACTS
A AND B, HUNTER'S GLEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(22.) ORDINANCE 2003-00036 — Consider request of Hugo Reed and
Associates, Inc. for Carl Russell & Company for a zoning change
from R-1 and T to R-1 Specific Use, R-2 Specific Use, and GO on 45.2
acres of unplatted land out of Section 17, Block E-2 (Second and Final
Reading).
ORDINANCE NO.2003-00036
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2968; A ZONING CHANGE FROM R-1 AND T TO R-
1 SPECIFIC USE, R-2 SPECIFIC USE, AND GO ON 45.2 ACRES OF UNPLATTED
LAND OUT OF SECTION 17, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(23.) ORDINANCE 2003-00037 — Consider request of Hugo Reed and
Associates, Inc. for Lubbock Land Company for a zoning change
from T to R-1 Specific Use for 20-foot front setback, 5-foot side
setback on end lots, and 5-foot front setback on cul-de-sac lots on 81.9
acres of unplatted land out of Section 28, Block AK (Second and Final
Reading).
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ORDINANCE NO.2003-00037
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2847-A; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR 20-FOOT FRONT SETBACK, 5-FOOT SIDE SETBACK ON
END LOTS, AND 5-FOOT FRONT SETBACK ON CUL DE SAC LOTS ON 81.9
ACRES OF UNPLATTED LAND OUT OF SECITON 28, BLOCK AK, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(24.) ORDINANCE 2003-00038 — Consider request of the City of Lubbock
for the residents of Pine Grove Estates for a zoning change from T to
R-1 Specific Use for residential estates and conditions that match deed
restrictions on Lots 1-61 and 71-106, Pine Grove Estates Addition
(Second and Final Reading).
ORDINANCE NO.2003-00038
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2970; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON LOTS 1-61 AND 71-106, PINE
GROVE ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS,
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(25.) ORDINANCE 2003-00039 — Consider request of Terry Echols for
Iglesia Bautista for a zoning change from A-1 to A-2 limited to a
church and church -related uses on Lots 7-9, Block 22, Vandelia
Village Addition (Second and Final Reading).
ORDINANCE NO. 2003-00039
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1741-A; A ZONING CHANGE FROM A-1 TO A-2
ZONING LIMITED TO to a church and church -related uses, ON Lots 7-9, Block 22,
Vandelia Village Addition, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(26.) Ordinance No. 2003-00040 abandoning and closing a portion of
Harvard Street in Section 6, Block J-S, Lubbock County, Texas (5703
Harvard Street).
ORDINANCE NO.2003-00040
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
HARVARD STREET LOCATED IN SECTION 6, BLOCK J-S, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 997 square foot street stub for
Harvard Street for replat purposes. This street stub is located on the south
side of Harvard Street just east of North Frankford Avenue and was
dedicated several years ago as part of the Western Estates Addition. It is
no longer needed. Several new streets and alleys will be dedicated in the
platting of the property south of this street closure.
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The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(27.) Ordinance No. 2003-00041 abandoning and closing a Lubbock Power
& Light transformer pad easement located in the southeast corner of
Lot 6, Lewis Estates Addition to the City of Lubbock (5209 21"
Street).
ORDINANCE NO. 2003-00041
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD
EASEMENT FOR LP&L LOCATED IN LOT 6, IN THE LEWIS ESTATES
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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 4-foot by 6-foot transformer pad
easement for Lubbock Power & Light that was dedicated by plat when
Lewis Estates was developed. This area is being replatted and a new
transformer pad easement will be dedicated in the replat.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(28.) Ordinance No. 2003-00042 abandoning and closing a portion of the
20-foot alley in Section 6, Block E-2, Lubbock County and adjacent to
Lot B Security Park Development Addition and Lot 2 Five Point
Addition to the City of Lubbock (3702 Slide Road).
ORDINANCE NO. 2003-00042
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20
FOOT ALLEY LOCATED IN OR ADJACENT TO LOT B SECURITY PARK
DEVELOPMENT ADDITION AND LOT 2 FIVE POINT 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 abandons and closes a 4,951 square foot portion of the a
20-foot alley just west of Slide Road between Lot B, Security Park
Development Addition and Lot 2, Five Point Addition for replat purposes.
The requestor of this closure is City Bank. They are dedicating a new
street area from Brownfield Highway eastward to Slide Road that will
facilitate traffic between these two streets without having to go through the
34th Street, Slide Road, and Brownfield Highway intersection.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(29.) Ordinance No. 2003-00043 abandoning and closing the portion of
Louisville Avenue between 34th Street and 35th Street located Block 1,
Sunset Addition to the City of Lubbock and Lot E, Hobgood Addition
to the City of Lubbock (3410 Louisville Avenue).
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ORDINANCE NO. 2003-00043
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
LOUISVILLE AVENUE LOCATED ADJACENT TO BLOCK ONE (1), SUNSET
ADDITION AND BLOCK E, HOBGOOD 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.
Sunset Church of Christ, located at the southeast corner of 34`h Street and
Memphis Avenue, desires to close the portion of Louisville Avenue
between 34`h and 35`h Street, just east of their main building. In 1977,
Sunset closed 351h Street from Memphis Avenue to Louisville Avenue.
This new closure will be for parking lot expansion and replat purposes and
the street area will remain as a utility easement. Since Sunset was not the
original dedicator of Louisville Avenue, there will be a charge for it. Total
area being closed is 50-feet X 270-feet equaling 13,530 square foot. The
Right -of -Way Department has appraised this street area at 50%
commercial at $2.25 per sq. ft. and 50% residential at $00.65 per sq. ft. for
a total of $19,618.50. This area being closed will be left as an easement
for utilities and drainage and the proponent will be charged 50% of the
appraised street value or $9,809.25 due the City.
Sunset has personally visited with several of the owners and renters of the
residential properties each side of Louisville Avenue south of 34`h Street
about this street closure and its impact on them. The majority of these
neighbors are in agreement.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(30.) Resolution No. 2003-RO171 and Resolution No. 2003-RO172
authorizing the Mayor to execute two Telephone Right -of -Way
Easements with Cap Rock Telephone for communication lines in
Section 70, Block 5, Garza County, Texas (Lake Alan Henry).
RESOLUTION NO.2003-RO171
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 Telephone Right -of -Way
Easement at Lake Alan Henry between the City of Lubbock and Cap Rock Telephone
Cooperative, Inc., and any other related documents. Said Easement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Passed by the City Council this 8th day of May 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
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Easement is filed with Resolution No. 2003-R0171.
These easements allow Cap Rock Telephone of Spur, Texas to install
telephone communication lines in two locations at Lake Alan Henry. Both
of these easements are located in the area just north of the dam. The first
easement is for an underground phone line from their existing temporary
location to the police department's office. The second easement is for
their new underground permanent line to be installed near the security gate
eastward to an area near the police office.
The Right -of -Way Department recommended approval of these resolutions.
(30A.) Consider two resolutions authorizing the Mayor to execute two
Telephone Right -of -Way Easements with Cap Rock Telephone for
communication lines in Section 70, Block 5, Garza County, Texas
(Lake Alan Henry).
This item was deleted.
(31.) Resolution No. 2003-RO173 authorizing the conveyance of a 5.14 acre
tract of land in Section 9, Block E, Lubbock County, Texas from the
Public Works Department to Lubbock Power & Light for an
electrical substation (1640 841h Street).
RESOLUTION NO.2003-RO173
WHEREAS, the Public Works Department of the City of Lubbock, Texas,
recommends to the City Council of the City of Lubbock that certain Public Works
Department property hereinafter described be conveyed to Lubbock Power & Light of the
City for good and valuable consideration; and
WHEREAS the City Council herein finds that conveyance of such Public Works
property hereinafter described is in the best interest of the citizens of the City of Lubbock
and that there is no legal impediment to conveying such property to Lubbock Power &
Light as recommended; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Page 406
SECTION 1. THAT the Public Works Department property described in Exhibit
A, attached to this Resolution and made a part hereof for all purposes, shall be conveyed
by the Public Workers Department to Lubbock Power & Light for the sum of $15,420.00,
which is the appraised value of such property according to the Right -of -Way Department
of the City of Lubbock.
SECTION 2. THAT the Right -of -Way Department of the City shall effect the
conveyance of the property described in Exhibit A to Lubbock Power & Light in
accordance with this Resolution.
Passed by the City Council this 8th day of May 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
A copy of the Exhibit A is filed with Resolution No. 2003-R0173.
In 1981, the City of Lubbock Public Works Department acquired a 5.14
acres tract of land at the northeast corner of 84th Street and Avenue Q for a
water pump station for the purchase price of $15,420. Since the Public
Works Department no longer needs to place a water pump station in this
area of Lubbock, this resolution will transfer this tract of land to Lubbock
Power & Light for an electrical substation site. Public Works has agreed
to transfer this tract to LP&L for $15,420.
The Right -of -Way Department recommended approval of this resolution.
(32.) Resolution No. 2003-RO174 authorizing the Right -of -Way Department
to make an offer to the Texas Department of Criminal Justice for a
30-foot wide permanent storm water line easement and a 100-foot
working easement in Section 5, Block S, Lubbock County for the
South Lubbock Drainage Improvement Project (west side of
Montford Prison Unit, East 98th Street northward to East 82°d Street).
RESOLUTION NO.2003-RO174
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
easements for municipal public use and purposes, to -wit: for the south Lubbock
drainage improvement project and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with the acquisition
of easements as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
"1•
Regular City Council Meeting
May 8, 2003
Page 407
SECTION 1. THAT the permanent storm water line easement and working
easement to the tract of land further described in Exhibits "A" and "B", attached hereto,
be acquired for public purposes and municipal purposes as set forth in the preamble
hereof.
SECTION 2. THAT the owner of said tract, being the Texas Department of
Criminal Justice, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $14, 413.34 which is the amount appraised as the value and total
damages for the permanent storm water line easement and working easement and
acquisition of said real estate purposes herein stated, and unless accepted forthwith, the
City Attorney of said City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the permanent storm water line
easement and working easement.
Passed by the City Council this 8th day of May, 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 Chamales
Linda Chamales, Supervising Attorney
A copy of the Exhibits "A" and "B" is filed with Resolution No. 2003-R0174.
This permanent easement and working easement is needed for the 981h
Street storm water pipeline drainage project. This project runs from 98`h
and Frankford Avenue eastward to Guava Avenue, northward to East Loop
289, and east to the Yellow House Canyon. This pipeline will cross five
privately owned properties in this area, the first of which is the State
owned Montford Prison Unit. This permanent easement is 5,284.89 feet in
length and 30 feet in width. The working easement is 100 feet in width.
The State charges $45.00 by the 16.5-foot rod for easements such as this
one, instead of by the acre or square foot. According to their calculations,
they will accept $14,413.34 for this easement.
Therefore, our offer to the Texas Department of Criminal Justice is
$14,413.34.
The Right -of -Way Department recommended approval of this resolution.
(33.) Resolution No. 2003-R0175 authorizing the Right -of -Way Department
to make an offer to The Wilkerson Company, Gordon Mark
Wilkerson, David Collins Wilkerson, Ray Hankins Wilkerson, Sarah
Ruth Wilkerson Scott, and Wilkerson Investment Company for 32
lots in the Phyllis Wheatley Addition for the City of Lubbock
Cemetery (Phyllis Wheatley Addition, between East 35`h Street and
East 371h Street, east of Martin Luther King, Jr. Boulevard).
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Regular City Council Meeting
May 8, 2003
Page 408
RESOLUTION NO.2003-RO175
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for cemetery expansion and the City
Council of said City finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the tracts of land further described in
Exhibit "A" attached hereto, be acquired for public purposes and municipal purposes as
set forth in the preamble hereof.
SECTION 2. THAT the owners of said tracts, being THE WILKERSON
COMPANY, a Texas general partnership composed of GORDON MARK WILKERSON,
DAVID COLLINS WILKERSON, RAY HANKINS WILKERSON, SARAH RUTH
WILKERSON SCOTT and WILKERSON INVESTMENT CO., a Texas general
partnership composed of GORDON MARK WILKERSON, DAVID COLLINS
WILKERSON, RAY HANKINS WILKERSON and SARAH RUTH WILKERSON
SCOTT, BE offered through the Right -of -Way Department of the City of Lubbock the
amount of $6,400.00 which is the amount appraised as the value and total damages for
the fee simple title and acquisition of said real estate purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire the fee
simple title.
Passed by the City Council on this 8th day of May, 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
A copy of the Exhibit "A" is filed with Resolution No. 2003-RO175.
These lots are being acquired from the Wilkerson family for future
cemetery expansion. Immediately to the south of the present City
cemetery, is the Phyllis Wheatley Addition. This addition is bounded on
the north by East 35t' Street, on the east by the City's wastewater plant, on
the south by East 37`h Street, and on the west by Martin Luther King Jr.
Boulevard. In the 1980's, this land was cleared out as part of an Urban
Renewal Project, which left it totally vacant.
The Wilkerson family owns the following properties in the Phyllis
Wheatley Addition:
Regular City Council Meeting
May 8, 2003
Page 409
Block 2, Lots 12, 13, 14, 15, 18 (Ute Avenue addresses)
Block 6, Lots 9, 10, 11, 12, 13, 14, 15, 16 (Vanda Avenue addresses)
Block 7, Lots 3, 5, 7, 8, (Vanda Avenue addresses)
Block 9, Lots 2, 3, 4, 5, 6, 8 (Yucca Avenue addresses)
Block 11, the East 67.4 feet of Block 11 (Beech Avenue address)
Block 14, Lots 15, 16, 17, 18, 19, 20 & north 20 feet of Lot 14, lying west
of the railroad (Elder Avenue addresses) and the north 20 feet of Lot 5
(David Avenue address)
These 32 lots are on the Lubbock Central Appraisal District tax roll for
$200 or $6,400 for all. Our offer to the Wilkerson Family for these
properties is $6,400.
The Right -of -Way Department recommended approval of this resolution.
(34.) Resolution No. 2003-RO176 authorizing the Mayor to approve a
Federal Transit Administration Section Jobs Access Reverse
Commute grant (TX-37-X027) in the amount of S460,000 to provide
service on Route 25 and the Evening Service.
RESOLUTION NO. 2003-RO176
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 a Federal Transit Administration Job
Access and Reverse Commute Program Grant Agreement (Project #TX-37-X027) by and
between the City of Lubbock (Citibus) and the Federal Transit Administration to improve
transportation services in Lubbock. A copy of said Grant Agreement and associated
documents are attached hereto, which Agreement shall be spread up on 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 8th day of May, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Cram Farmer
Craig Farmer
Managing Director for Planning and Transportation
APPROVED AS TO FORM:
/s/ William de Haas
- William de Haas
Contract Manager/Attorney
A copy of the Grant Agreement is filed with Resolution No. 2003-R0176.
Citibus has applied for a Federal Transit Administration Jobs Access
Reverse Commute grant to provide services on Route 25 and the Evening
Service. The intent of the grant is to assist in transportation to jobs and to
work toward the elimination of transportation gaps, which are commonly
im.
Regular City Council Meeting
May 8, 2003
Page 410
experienced by low-income individuals. Citibus has received previous
funding under this program. The grant currently under consideration is for
a two-year period. It was inadvertently executed prior to approval by the
City Council.
The local share of this grant will be provided by revenue of sales of the
vinyl -wrapped buses.
The funds for this grant will be used for operating assistance, specifically
for Route 25 and for the Evening Service.
Approval of this grant does not increase the cost to the City of Lubbock, as
the required match has been included in the current year's budget.
Citibus recommended approval of this resolution.
(35.) Resolution No. 2003-RO177 authorizing the Mayor to execute
Contract No. 51305F3016 with the Texas Department of
Transportation (TxDOT) for capital assistance.
RESOLUTION NO.2003-RO177
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 Contract No. 513051`3016 with the Texas Department of
Transportation (TxDot) for capital assistance (Demand Response Service). Said Grant 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 8th day of May, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director for Planning and Transportation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Competition and Contracts Manager/Attorney
A copy of the Grant is filed with Resolution No. 2003-R0177.
TxDOT is allocating $43,085.00 of transportation funds to the Citibus/City
of Lubbock for preventative maintenance for CitiAccess (Demand
Response Service). The contract becomes effective when fully executed
by both parties or on April 15, 2003, whichever is later. This grant
agreement shall terminate on April 30, 2004.
Toll credits from the Texas Department of Transportation will be in the
amount of $10,771.00, provided that expenditures are made in accordance
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Regular City Council Meeting
May 8, 2003
Page 411
with the amounts and for the purposes authorized. No additional funding
will be needed from the City of Lubbock.
Citibus recommended approval of this resolution.
(36.) Resolution No. 2003-RO178 authorizing the Mayor to approve a
Federal Transit Administration Section 5307 Grant to provide
operating, capital, and planning assistance for FY 2003.
RESOLUTION NO. 2003-RO178
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 Federal Transit
Administration Section 5307 Grant to provide operation capital, and planning assistance
for FY2003. Said Grant 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 8th day of May, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director for Planning and Transportation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Grant is filed with Resolution No. 2003-R0178.
Citibus has applied for a Federal Transit Administration Section 5307
Grant (project number not yet assigned by the FTA) in the amount of
$2,661,976. This is a routine grant that Citibus receives annually. The
Lubbock Public Transit Advisory Board has approved the FTA Section
5307 grant, which was incorporated into the FY 2003 budget and approved
by City Council.
The funds for this grant will be used for operating assistance, the
preventive maintenance, planning, passenger amenities, and ADA Para
transit service.
Approval of this grant does not increase the cost to the City of Lubbock, as
the required match was included in the current year's budget.
Citibus recommended approval of this resolution.
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Regular City Council Meeting
May 8, 2003
Page 412
(37.) Resolution No. 2003-RO179 that the Mayor of the City of Lubbock BE
and is hereby authorized and directed to execute for and on behalf of
the City of Lubbock an Agreement by and between the City Of
Lubbock and Case New Holland Global N.V., an Illinois Corporation
and any other related documents.
RESOLUTION NO.2003-RO179
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement by and
between the City of Lubbock and Case New Holland Global N.V., an Illinois corporation
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 8th day of May 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Agreement is filed with Resolution No. 2003-RO179.
The City of Lubbock and Case New Holland Global N.V. would like this
agreement from May 10, 2003 through May 26, 2003.
Staff recommended approval of this resolution.
(38.) Resolution No. 2003-RO180 adopts and approves hunting fees for the
hunting of feral hogs at the Lake Alan Henry Wildlife Mitigation
Area, and delegates authority to the City Manager or his/her designee
to set hunting dates in accordance with state hunting law and best
practices for management of the wildlife resource.
RESOLUTION NO.2003-RO180
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby adopts and approves hunting fees for the hunting
of feral hogs at the Lake Alan Henry Wildlife Mitigation Area, and delegates authority to
the City Manager or his/her designee to set the hunting dates in accordance with state
hunting laws and regulations and best practices for management of the wildlife resource,
as set forth on Exhibit "A", attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
May 8, 2003
Page 413
Passed by the City Council this 8th day of May 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
-- APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2003-R0180.
The Wildlife Management Area (WMA) at Lake Alan Henry has offered
public hunting opportunities to the general public since 1994. The
hunting programs are not required as a compliance issue. They are
designed to offer limited game hunting, which is compatible with the
resource, and also is a source of revenue to recover a portion of operating
expenses associated with the operation and management of the WMA.
The WMA began feral hog hunting in 2001, as populations of feral hogs
-- first moved into the vicinity of the WMA. Feral hogs are not listed as a
game species and the state of Texas does not regulate or set a feral hog
season. Hunting opportunity is offered to the public in response to
requests from hunters who have hunted other game species on the WMA.
In order to produce a minimal revenue from this recreational source, the
City of Lubbock has set a fee schedule for hog hunters, which is shown on
Exhibit A in council backup.
The LAH Project Coordinator will issue feral hog hunting permits
effective for one day only, during times of the year when feral hog hunting
will not interfere with any other game hunting or other user group. To
prevent crowding on the 3,600 acres available to hunt on the WMA., hog
hunters hunting by rifle will be limited to five individuals or three groups
of hunters per day.
To monitor hunter activity, the Garza County Constable's Office, as well
as resident lake staff, will be notified of names, dates and vehicle
descriptions when hog hunting permits are issued.
City staff proposes to set fees for public feral hog hunting permits for the
Lake Alan Henry Wildlife Mitigation Area. The fee amounts may be
reviewed and adjusted annually as needed.
(39.) Resolution No. 2003-R0181 dedicating one acre at McAlister Park as
open space, thereby prohibiting the construction of any permanent
structures on the one -acre.
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Regular City Council Meeting
May 8, 2003
Page 414
RESOLUTION NO. 2003-RO181
WHEREAS, on or about December 23, 2002, the City of Lubbock purchased that
certain one (1) acre tract of land (the "Subject Tract"), as depicted on Exhibit "A",
attached hereto, for park purposes;
WHEREAS, the City of Lubbock has been informed by the State of Texas that, in
order to obtain state grant funding for a portion of the purchase of said lands, the City of
Lubbock shall resolve that said lands are to be utilized for open space only;
WHEREAS, the Subject Tract is required by the State of Texas to be reserved in
perpetuity as open space;
WHEREAS, the City of Lubbock finds it to be in the best interest of the citizens
of the city that the Subject Tract be reserved in perpetuity as open space, as described
below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock hereby designates that certain one (1) acre tract of
land located in the Bill McAlister Park as open space land. Said location of the one (1)
acre tract is depicted on Exhibit "A", attached hereto and incorporated in this Resolution
as if fully set forth herein.
IT IS FURTHER DECLARED that within the open space there will be no
permanent structures built within this parameter.
Passed by the City Council this 8th day of May, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Community Projects Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner, Natural Resources Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2003-R0181.
In August 2002, the City of Lubbock was awarded a $500,000 matching
funds grant from Texas Parks and Wildlife for improvements at Bill
McAlister Park. Included in the grant is the acquisition of one acre for
dedication as open space. The one acre was acquired in December 2002
and the City Council passed a resolution in February 2003 dedicating the
land for park use. To complete this portion of the grant, this one acre now
needs to be dedicated as open space. By doing so, the City of Lubbock
agrees that no permanent structure will be built on this one acre. Since the
one acre consists of a steep slope on the southwest corner of the park, no
permanent structure could economically be built on the land. The master
plan for McAlister Park included this acre for open space dedication.
Upon approval of the resolution, the City can be reimbursed for fifty
percent of the cost of the land acquisition.
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Regular City Council Meeting
May 8, 2003
Page 415
Staff recommended approval of this resolution.
(39A.) Resolution No. 2003-R creating an Internal Review Committee
for the City of Lubbock.
This item was moved from consent agenda to regular agenda and was
considered following Item 42.
This item was continued.
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to continue this item. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 43.
(40.) Resolution N. 2003-R
Maintenance — Various
(Park Maintenance)
This item was deleted.
_BID #037-03/RS —for Contract Turf
Rights -of -Way & Broadway Streetscape
(41.) Resolution No. 2003-R0182/BID #042-03/RS —for Truck Mounted
Pothole Patching Equipment (Fleet Services)
RESOLUTION NO.2003-RO182
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 Purchase Order for truck
mounted pothole patching equipment, by and between the City of Lubbock and Shamrock
Chevrolet of Lubbock, Texas and related documents. Said Purchase Order 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 8th day of May, 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/ William de Haas
-- William de Haas
Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2003-R0182.
This bid is for the purchase of one truck mounted pothole patcher for the
Street Department to repair potholes throughout the City of Lubbock. The
current vehicle is 11 years old and is experiencing high maintenance costs.
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Regular City Council Meeting
May 8, 2003
Page 416
It is also becoming difficult to find parts to support it. Fifty-seven local
businesses were notified of the Invitation to Bid.
The bidder has agreed to sell this item to other governmental entities,
which have cooperative purchasing agreements with the City of Lubbock.
The City has cooperative purchasing agreements with Frenship
Independent School District, Lubbock Housing Authority, Lubbock
County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana,
Texas Tech University, West Texas Municipal Power Agency, and City of
Wolfforth.
FISCAL IMPACT:
A total of $91,947 was appropriated and $385,644 is available in
project/account number 90246.9220 (2002-2003 GF Vehicles) for this
purpose.
Award bid/contract to Shamrock Chevrolet of Lubbock, Texas for
$93,124, or such alternative action as the City Council may deem
appropriate.
(42.) Resolution No. 2003-110183; Resolution No. 2003-110184; Resolution
No. 2003-110185113I1) #052-03/RS —for Hot Mix & Asphalt — Annual
Pricing (Street Department)
RESOLUTION NO. 2003-RO183
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 hot mix and
asphalt -annual pricing, by and between the City of Lubbock and Koch Pavement
Solutions 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 8th day of May, 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/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2003-R0183.
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Regular City Council Meeting
May 8, 2003
Page 417
RESOLUTION NO.2003-RO184
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 hot mix and
asphalt -annual pricing, by and between the City of Lubbock and Walter V. Jarnagin
Asphalt 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 8th day of May, 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/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2003-R0184.
RESOLUTION NO. 2003-RO185
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 hot mix and
asphalt -annual pricing, by and between the City of Lubbock and Lone Star Dirt & Paving
Contracting Ltd. 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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Regular City Council Meeting
May 8, 2003
Page 418
Passed by the City Council this 8th day of May, 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/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2003-R0l 85.
This bid establishes annual pricing for hot mix and asphalt used for
various street repairs. The quantity purchased will vary depending on the
number of base failures and utility cuts repaired. This material is used for
the surface of the road after the stabilized material is placed in the cut and
is necessary for routine maintenance operations. Twenty-two local
businesses were notified of the Invitation to Bid.
The bidders have agreed to sell this item to other governmental entities,
which have cooperative purchasing agreements with the City of Lubbock.
The City has cooperative purchasing agreements with Frenship
Independent School District, Lubbock Housing Authority, Lubbock
County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana,
Texas Tech University, West Texas Municipal Power Agency, and City of
Wolfforth. entities
FISCAL IMPACT:
A total of $583,420 was appropriated and $413,342 is available in
project/account number 4531.8260 (System Maintenance -Paved Streets
System) for this purpose.
Award bid for items 1, 2, and 4 to Walter V. Jarnagin Asphalt of Lubbock,
Texas for $45,700, item 3 to Lone Star Dirt & Paving Contracting, Ltd of
Lubbock, Texas for $21,000, and items 5 through 12 to Koch Pavement
Solutions of Lubbock, Texas for $255,900, or such alternative action as
the City Council may deem appropriate.
The next item considered was Item 39A.
PUBLIC HEARINGS
10:11 A.M. Street/D rain alZe
(43.) Resolution No. 2003-R0186 - Hold a public hearing on a request that
the name of 81h Street between University Avenue and Avenue Q be
changed to Glenna Goodacre Blvd.
Regular City Council Meeting
May 8, 2003
Page 419
This item was considered following Item 39A.
RESOLUTION NO.2003-RO186
WHEREAS, Section 24-38 of the Code of Ordinances of the City of Lubbock
establishes a procedure by which the name of a Street to be changed upon
recommendation of approval of the change by the Planning and zoning Commission o the
City Council; and
WHEREAS, an application for street name change for that portion of Bch Street
from University Avenue to Avenue Q to Glenna Goodacre Boulevard in honor of
Lubbock's nationally known sculptor has been received by the Planning and Zoning
Commission; and
WHEREAS, the Planning and Zoning Commission after public hearing has
approved the application for street name change and recommends the City Council grant
the request; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to change the name of that portion of 8`h
Street from University Avenue to Avenue Q to Glenna Goodacre Boulevard; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT portion of 81h Street that extends from University Avenue to Avenue Q is
hereby changed to "Glenna Goodacre Boulevard" in honor of nationally known sculptor
Glenna Goodacre of Lubbock; and
THAT the City Engineer is hereby authorized to give such notices as are required
by law and to make such changes to signage and to the official City of Lubbock map as
may be required.
Passed by the City Council this 8th day of May, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
Mayor McDougal opened the public hearing at 10:11 a. m. Jim Bertram
appeared on behalf of Lubbock Regional Art Center Board of Directors.
No one appeared in opposition. Mayor McDougal closed the hearing at
10:16 a. m.
In accordance with a street name change ordinance approved by the City
Council on August 22, 1996, an application and petition for a street name
change was submitted to the City Engineer on March 3, 2003.
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Regular City Council Meeting
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Page 420
The requested street name to be changed was 8th Street between University
Avenue and Avenue Q. The request is to change the name of this portion
of 81h Street to "Glenna Goodacre Blvd."
The application/petition was signed by Delbert McDougal on behalf of
McCanton Woods LTD Properties.
According to parcel maps and tax office records, there are 123 total parcels
of property abutting this portion of 8th Street. As of the date of the street
name change application, 90 of the 123 parcels were under the ownership
of McCanton Woods, LTD.
In accordance with the street name change ordinance, the proponent paid a
non-refundable application fee of $200, paid an additional $10 per
property ownership not including duplicate owners, administrative fee of
$280, and a street name marker replacement fee of $2,888. The
administrative and street name marker replacement fees are refunded if the
street name change request is denied.
The street name change request was considered for recommendation by the
Planning and Zoning Commission at their April 3, 2003 meeting. This
public hearing was advertised in the newspaper as well as written
notification sent to all property owners as listed in the current tax rolls.
Replies that were mailed in response to mailed notice of the public hearing
are as follows:
Opposed — Canstancio, Cargile, Chesser
In Favor — Berry, Unsigned Reply Form
Unclear — Jay
There were no comments made in opposition at the Planning and Zoning
Commission hearing.
The Planning and Zoning Commission voted unanimously to recommend
approval of the street name change.
The staff does not support changes to street names that conflict with the
street naming method described in Chapter 24 of the Code of Ordinances.
However, the Council did establish a procedure, through an ordinance
passed August 22, 1996, for proponents to request a street name change.
Larry Hertel, City Engineer and Craig Farmer, Managing Director of
Planning & Transportation gave staff comments.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass Resolution No. 2003-RO186 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 49.
10:45 A.M. Special
(44.) Hold a public hearing to consider the request of Texland Petroleum
for Oil Drilling Permit on a tract of land located approximately 1,840
feet north and 1,535 feet east of the southwest corner in Section 9,
Block A, Lubbock County, Texas. Designation of well is Garrett
Wheeler #5.
This item was considered following Item 46.
Mayor McDougal opened the public hearing at 10:45 a. in. Dub Bratcher
appeared on behalf of Texland Petroleum. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:46 a. in.
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Regular City Council Meeting
May 8, 2003
Page 421
(45.) Consider approval of the oil -drilling permit requested by Texland
Petroleum for Garrett Wheeler #5.
The application is in order. The request is for a 40-acres production unit.
Storage will be at an existing storage battery. Texland proposes earth
sludge pits and no landscaping at the well site. The blowout protector has
a minimum rating of 3,000 psi. Disposal of waste materials is proposed at
a Railroad Commission approved dump in Lubbock County. Access to the
drill site and storage site is proposed from Kent on private property.
SHORT TERM IMPACTS: A minimum of impact is expected for the
short term, since the area is uninhabited and current use is agricultural.
The well and storage site are remote from any existing residential
development. One new home being developed in the area is on the 200
plus acres parcel owned by John and Nancy Horton. The Horton's bought
the property knowing about the drilling activities in the area.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated single-family on the Comprehensive
Land Use Plan. At least eight existing wells are in the immediate area.
No known prospects for additional development exist in this square mile.
Few long-term negative impacts are anticipated.
The staff recommended approval subject to the following Conditions:
RECOMMENDED PERMIT CONDITIONS:
No hydrocarbon lubricant (waste oil) shall be used to free -up the
hole during drilling until after the first series of surface casing has
been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set when
drilling reaches a depth of 400 feet. The permittee shall notify the
Lubbock office of the Texas Railroad Commission for the intended
dates for casing the well.
3. The first, and if used, the second series of casing of the well shall
be in compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14, Article
VI of the Lubbock Code and those specifications indicated within
the application of Texland Petroleum for Garrett Wheeler #5.
The staff recommended approval of the permit.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to approve the permit for Texland Petroleum for Garrett
Wheeler #5 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
10:48 A. M. CITY COUNCIL RECESSED
11:13 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
The next item considered was Item 47.
(46.) Resolution No. 2003-R authorizing the Mayor to execute an
amendment to the Lubbock Reese Redevelopment Authority
Wholesale Wastewater Contract to allow a second point of delivery
for sanitary sewer service primarily to serve the Cagle's Steaks
restaurant facility.
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Regular City Council Meeting
May 8, 2003
Page 422
This item was considered following Item 49.
This item was denied.
This resolution amends the current Lubbock Reese Redevelopment
Authority (LRRA) Wholesale Wastewater Contract to allow another point
of delivery primarily to serve the existing Cagle's Steaks restaurant
complex. Cagle will be a customer of LRRA. The City of Lubbock will
invoice LRRA for wastewater services as outlined in the current LLRA
Wholesale Wastewater Contract. LRRA will be responsible for invoicing
Cagle's Steaks for service. The rate billed to LRRA is based on LRRA's
wastewater flow or an alternate arrangement as agreed to by both parties.
Staff recommended approval of this resolution.
Terry Ellerbrook, Managing Director of Public Works, gave staff
comments.
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to deny this item. Motion carried: 7 Yeas, 0 Nays.
Mr. Ellerbrook asked if it was Council's direction to disconnect Cagle's
today. Council Member Hernandez stated to follow the policy that he had
in place. Interim City Manager Tommy Gonzalez stated the policy is to
disconnect and retrieve the money for services used.
The next item considered was Item 44.
(47.) Ordinance No. 2003-00044 amending the Budget FY 2002-03 (First
Reading).
This item was considered following Item 45.
ORDINANCE NO.2003-00044
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 CITY OF
LUBBOCK BUDGET FOR GOVERNMENTAL PURPOSES.
Staff presented the revised budget for Fiscal Year 2002-03 for the General
Fund and Enterprise Funds during a Work Session on May 6.
Staff recommended approval of the ordinance.
Motion was made by Council Member Hernandez, seconded by Council
Member Martin to pass on first reading Ordinance No. 2003-00044 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(48.) Acceptance of the City of Lubbock Comprehensive Annual Financial
Report for the fiscal year 2001-2002.
Each year the Accounting Department prepares a comprehensive annual
financial report (CAFR), which is designed to provide the City Council,
citizens, representatives of financial institutions and others with detailed
information concerning the financial condition and performance of the
City of Lubbock. As a significant component of the preparation of the
CAFR, an independent audit firm of certified public accountants performs
an audit of the City's general-purpose financial statements and notes.
This is the first year that the City has been required to implement the
Governmental Accounting Standards Board (GASB) Statement No. 34
reporting model. The new reporting model is the single largest change to
governmental financial reporting to date.
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Regular City Council Meeting
May 8, 2003
Page 423
City Council was asked to take minuted action to accept by consensus the
annual financial report.
As the preparation of the report and acceptance by the City Council is
required under the City Charter, staff recommended acceptance.
City Council recognized and commended Beverly Hodges, Managing
Director of Financial Services Melissa Trevino, Budget Manager and
budget staff Josh Selleck, Randall Brown, Shelley Goodknight and
Tommy Gonzalez, Interim City Manager for their work on the Annual
Financial Report.
Motion was made by Council Member Martin, seconded by Council
Member Boren to approve Acceptance of the City of Lubbock
Comprehensive Annual Financial Report for the fiscal year 2001-2002.
Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 50.
(49.) Ordinance No. 2003-0 authorizing an Amendment to an Interest
Rate Hedge Agreement related to Waterworks Revenue Refunding
Bonds Series 2005 (First Reading).
This item was considered following Item 43.
This item failed for lack of motion.
In 1989 and 1991, Brazos River Authority (BRA) issued bonds to fund the
construction and acquisition of Lake Alan Henry. Subsequently, BRA
issued $50,355,000 "Brazos River Authority Special Facilities (Lake Alan
Henry) Revenue Refunding Bonds, Series 1995" ("Refunding Bonds") to
refinance the 1989 and 1991 bonds. At the time of the original issuance,
the City entered into a contractual obligation to make the payments on
these bonds on behalf of BRA.
The call date of the Refunding Bonds held by BRA will occur in 2005. At
that time, the City intends to defease (or pay off) the debt held by BRA.
The City will issue approximately $40,465,000 in August 2005, which is
the amount necessary to pay off the remaining debt held by BRA.
The City plans to sell and issue tax-exempt variable rate bonds to defease
the Refunding Bonds. This defeasance will occur on or around or up to 90
days preceding August 15, 2005, when the Refunded Bonds may be
redeemed at the option of the Brazos River Authority.
In order to hedge against possible increases in the rate of interest to be
borne by the variable rate bonds, the City entered into an interest rate
hedge agreement with JP Morgan Chase Bank. This was authorized by
Ordinance No. 2002-00033, which was adopted April 11, 2002 in
connection with and in anticipation of issuance of the variable rate bonds.
This hedge locked in a rate at the current market rate environment on April
11, 2002, thus creating a fixed rate payment schedule for the variable rate
bonds, which will be issued in 2005. This hedge reduces the volatility of
interest rate fluctuations that affect the interest costs associated with this
transaction.
The ordinance approved by the City Council on April 11, 2002 authorized
the City to "lock" the interest rate on the bonds staff will issue in 2005.
Therefore, in 2005 the City will issue tax-exempt bonds and pay a fixed
rate of 5.26%, thus safeguarding the City from rising interest rates. In this
transaction, the City will own and control the debt and the City will
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Regular City Council Meeting
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receive $280,000 over the next three years as a premium for the contract
the City entered into with JP Morgan.
Currently, an amendment is proposed to the current hedge agreement. As
mentioned earlier, the hedge agreement approved in April 2002
incorporated a $280,000 premium from JP Morgan for a period of 3 years
(2003, 2004 and 2005). In the current amendment, eliminating that
premium payment will allow the fixed interest rate on the hedge agreement
to be reduced from 5.26% to approximately 5.04%. The overall impact on
a present value basis is negligible and the dollar savings from doing this is
approximately $60,000.
Approval of this ordinance, in two readings, is necessary to amend the
interest rate swap transaction.
The next item considered was Item 46.
(50.) ORDINANCE No. 2003-00045 - Chapter 19 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to permitted
activities in Parks within the City of Lubbock (first reading).
This item was considered following Item 48.
ORDINANCE NO.2003-00045
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
PERMITTED ACTIVITIES IN PARKS WITHIN THE CITY OF LUBBOCK;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The American Wind Power Center, located in the Jim Bertram Lake
System, 1501 Canyon Lakes Drive has a lease agreement with the City of
Lubbock for the development and operations of the Center.
According to Article I, Section 19-2, of the Code of Ordinances, the sale
and consumption of alcoholic beverages on park property is prohibited
with the exception of the Meadowbrook Golf Course at Mackenzie Park
and by special permit at the Mackenzie Outdoor Center, the Fine Arts
Center, the Landwar House and surrounding fenced area at Canyon Lakes
#2, during specific events.
Coy Harris, Executive Director of the American Wind Power Center, is
interested in offering alcohol sales at the Center during private rentals of
the facility. Mr. Harris made a request to the Parks and Recreation
Advisory Board on April 22, 2003 to allow the sale and consumption of
alcohol at the Wind Power Center. The sale of alcohol would provide an
additional revenue opportunity and service for the Wind Power Center.
The sale and consumption of alcohol would be in accordance with the laws
of the State of Texas, as administered by the Texas Alcoholic Beverage
Commission. A perimeter fence with a gated access surrounds the Wind
Power Center.
On April 22, 2003, the Parks and Recreation Advisory Board
recommended the City Council approve the request of Coy Harris to allow
for the sale and consumption of alcohol at the Wind Power Center during
private rentals.
Randy Truesdell, Parks and Recreation Director, gave staff comments.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2003-00045 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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(51.) Resolution No. 2003-R0187/BID #036-03/RS —for North Overton
Phase I Street Improvements (Street Drainage Engineering).
RESOLUTION NO.2003-RO187
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 north
Overton Phase 1 street improvements, by and between the City of Lubbock and Hub City
Pavers, 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 8th day of May, 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/ William de Haas
Contract Manager/Attorney
/S/ T.J. Patterson
T.J. Patterson, Senior Council Member
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd day of May, 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 Hub City Pavers, 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 #036-03/RS - NORTH OVERTON PHASE 1 STREET IMPROVEMENTS -
$263,149.50
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
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THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ John Knight
City Attorney
ATTEST:
Corporate Secretary
/s/ Diane Rodriguez
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Hub City Pavers
By: /s/ Glen A. Sarten
PRINTED NAME: Glen A. Sarten
TITLE: President
COMPLETE ADDRESS:
Hub City Pavers
11803 University Avenue
Lubbock, TX 79423
This project involves the reconstruction of Avenues V and W from Main
Street to 8`h Street. This is a portion of the street improvements to be
included in the North Overton Revitalization. These two streets are
associated with the Dinerstien Project called The Center. This project will
improve the aesthetics of the North Overton Area and will provide
incentive for private development to revitalize the area. Thirty-nine local
contractors were notified of the Invitation to Bid.
Time for completion of this project is 65 working days and liquidated
damages is $500 per day.
FISCAL IMPACT:
A total of $290,000 was appropriated and $290,000 is available in
project/account number 9198.9240 (North Overton Phase 1) for this
purpose.
Award bid/contract to Hub City Pavers, Inc. of Lubbock, Texas for
$263,149.50, or such alternative action as the City Council may deem
appropriate.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2003-R0187 as recommended by
staff. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal and Council Member Hernandez recused themselves.
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(52.) Resolution No. 2003-RO188 authorizing the Mayor to establish a
citizen search committee to assist the City Council in the selection of a
new City Manager.
RESOLUTION NO.2003-RO188
WHEREAS, the City Council deems it in the best interest of the citizens of the
City of Lubbock to establish a citizen search committee to assist the City Council in the
selection of a new City Manager for the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. A City Manager Search Committee to be composed of six (6)
members, one appointed by each Council member, and a chairman appointed by the
Mayor is hereby established. In addition, the City Council shall appoint a subcommittee
of employees to assist the Search Committee.
SECTION 2. The Search Committee shall be responsible for the creation of a job
description, solicitation of applications, screening of applications, screening interviews,
field visits, and, if necessary, may use a search specialist or search firm with approval of
the City Council. The Search Committee shall make a final recommendation of three to
five qualified candidates for consideration by the City Council. The final recommendation
shall be made prior to the end of the year.
SECTION 3. The Human Resources Department shall also assist the Search
Committee with this process as needed.
Passed by the City Council this 8th day of May, 2003.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy E. White
Quincy E. White, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
The Mayor requested that a committee be formed to start the City Manager
search process. The City Council would appoint a six -member committee
with the Mayor appointing a seventh member to serve as chair, to be
responsible for the creation of a job description, solicitation of
applications, screening of applications, screening interviews, field visits if
necessary and the recommendation of a list of three to five qualified
candidates for consideration by the Council for the position of City
Manager.
Recommend approval of this resolution.
Mayor McDougal requested that the City Council appoint a subcommittee
of city employees to serve with and advise the seven member committee.
Also, he stated that as recommended by Council Member Gilbreath, he
would like to add something to allow the Committee the flexibility to hire
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Regular City Council Meeting
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a search firm, if needed, to help in the process of sifting through
applications.
Council Member Gilbreath recommended not limiting the Committee's
ability to find the best -qualified candidates. He stated Council should give
the Committee as much latitude as they need as long as they come to
Council for approval.
Council Member Martin stated he thought each Council Member should
appoint a member of the Search Committee with the Mayor appointing the
chairman.
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to pass Resolution No. 2003-RO188 as recommended,
along with the appointment of the subcommittee as outlined by Mayor
McDougal, and giving the committee the flexibility of looking into a
search firm with their ultimate recommendation as far as cost being
brought to Council.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to amend the above motion as stated by Council
Member Hernandez, with the addition that each Council Member will
appoint one member of the Search Committee and the Mayor appoint the
Chairman. Motion carried: 7 Yeas, 0 Nays.
At that time, the previous motion made by Council Member Hernandez
and seconded by Council Member Morrison to pass Resolution No. 2003-
R0188 as recommended, along with the appointment of the subcommittee
as outlined by Mayor McDougal, giving the committee the flexibility of
looking into a search firm with their ultimate recommendation as far as
cost being brought to Council and the addition that each Council Member
will appoint one member of the Search Committee and the Mayor appoint
the Chairman was voted on. Motion carried: 7 Yeas, 0 Nays.
(53.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint Mary Ann Abercrombie to the
Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(54.) Consider four appointments to Building Board of Appeals.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to reappoint Ken Condray, Terry Drum, Craig
Wallace and appoint Melissa Trevino to the Building Board of Appeals.
Motion carried: 7 Yeas, 0 Nays.
(55.) Consider one appointment to Canadian River Municipal Water
Authority.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint James Collins to Canadian River Municipal
Water Authority. Motion carried: 7 Yeas, 0 Nays.
(56.) Consider two appointments to Community Development & Services
Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to reappoint Emma Jackson and appoint Mary Nell
Strong to the Community Development & Services Board. Motion
carried: 7 Yeas, 0 Nays.
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(57.) Consider three appointments to Citizens Traffic Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to reappoint Chaddick Bartee, Michael Epps, and
Ralph Ferguson to Citizens Traffic Commission. Motion carried: 7 Yeas,
0 Nays.
(58.) Consider five appointments to Culture & Arts Commission.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint Patsy Cardona and reappoint Mary Crites,
Carol McWhorter, Katie Parks and Kerry Sessions -Griffith to the Culture
& Arts Commission. Motion carried: 7 Yeas, 0 Nays.
(59.) Consider three appointments to Electric Utility Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to reappoint L. Ken Jones, Robert Massengale, and
John Owens to the Electric Utility Board. Motion carried: 7 Yeas, 0 Nays.
(60.) Consider two appointments to Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint Lucy Eade and Rick Gilbert to Keep
Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays.
(61.) Consider three appointments to Park & Recreation Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint Patricia Austin and reappoint Bobbe
Crawford and Robert Narvaiz to Park & Recreation Board. Motion
carried: 7 Yeas, 0 Nays.
(62.) Consider three appointments to Permit & License Appeal Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to appoint Cezar Cervantes and reappoint Les Brown
and Kenneth Sylvester to Permit & License Appeal Board. Motion
carried: 7 Yeas, 0 Nays.
(63.) Consider one appointment to Public Transit Advisory Board.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to reappoint Bruce Curlee to Public Transit Advisory
Board. Motion carried: 7 Yeas, 0 Nays.
(63A.) Consider appointments to the Audit Review Committee.
This item was deleted.
11:45 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
Committee Room 103
All Council Members were present.
2:45 P. M. CITY COUNCIL RECONVENED IN REGULAR SESSION
(64.) Presentation by the Community Development Department regarding
several state grants the City is being asked to administer. Todd
Steelman
This item was deleted.
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Page 430
(65.) Presentation regarding the Community Development Section 108
Loan Program that will be used to fund a citywide housing
rehabilitation program and may allow the City to use other CDBG
funds for other purposes such as Economic Development,
Infrastructure, Public Facilities, etc. Todd Steelman
This item was deleted.
2:46 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Patterson adjourned the meeting.
Read and approved this , �� ` \ day of (�' , 2005.
AR CD UGAL, MAYOR
ATTEST:
Reb cca Garza, City Secretary _
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